810 KAR 1:060. Chemical dependency.
RELATES TO: KRS 230.215, 230.260(1),
230.290(2)(3), 230.310
STATUTORY AUTHORITY: KRS 230.215(2),
230.260(3), 230.290(2), 230.310, 230.320(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
230.260(3) provides the authority with the authority to promulgate necessary and
reasonable administrative regulations and conditions under which horse racing
at a horse race meeting shall be conducted. KRS 230.260(9) allows the authority to
establish safety standards for jockeys. KRS 230.290 provides that all licensees
shall be subject to all administrative regulations promulgated by the authority. KRS
230.320 gives the authority
the authority to promulgate administrative regulations that would result in
disciplinary action being taken against a licensee. This administrative
regulation prohibits licensees of the Kentucky Horse Racing Authority from abusing
alcohol or engaging in illegal drug use or activity while performing their
duties, provides for drug and alcohol testing, and establishes consequences for
violations of this administrative regulation.
Section 1. Definitions. (1) "Alcohol
concentration" means either grams of alcohol per 100 milliliters of blood
or grams of alcohol per 210 liters of breath.
(2) "Association" is defined by
KRS 230.210(1).
(3) "Authority" is defined by KRS
230.210(2).
(4) "Crimes involving drugs and drug
paraphernalia" means all activities made illegal under KRS Chapter 218A,
other statutes or administrative regulations of this Commonwealth, and similar
laws and regulations of other states and the United States, which include the
use, possession, or trafficking in marijuana, cocaine, or any other controlled
substances; possession or distribution of drug paraphernalia, or obtaining or
using prescription drugs without a valid prescription.
(5) "Documentation" means proof
of regular attendance at meetings, counseling sessions, clean drug test results
(if suspended for a drug violation), and certification from the treatment
program indicating full compliance with treatment and completion of the program.
(6) "Drug paraphernalia" means
all equipment, products and material of any kind which are used, intended for
use, or designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling or otherwise introducing into the
human body an illegal drug in violation of any law or administrative regulation
of this Commonwealth, any state, or the United States.
(7) "Licensee" means a person
who:
(a) Has been duly issued a current and
valid license to participate in horse racing in this Commonwealth;
(b) Is actively involved with the day to
day activities associated with the training and handling of a horse; and
(c) Is not attending or participating in
the sales of horses conducted on the premises of associations.
(8) "Under the influence of
intoxicants" means a person’s mental or physical abilities are impaired by
the presence of alcohol or other drugs in his body to the degree that the
person is not able to safely and properly perform his job functions.
Section 2. Prohibited Activities. A
licensee shall not:
(1) Be under the influence of intoxicants
while:
(a) Engaged in the activities for which
the license is held; and
(b) On association grounds;
(2) Commit any crime involving drugs or
drug paraphernalia;
(3) Fail to comply with substance abuse
treatment imposed pursuant to an evaluation conducted under this administrative
regulation;
(4) Tamper with a drug or alcohol test;
or
(5) Refuse to submit to drug or alcohol
testing upon request of the authority, a steward or other authorized employee of the authority.
Section 3. Evidence of Violation. The
following shall be presumptive evidence of a violation of this administrative
regulation:
(1) A breath or blood test result
revealing an alcohol concentration of 0.05 percent or more while:
(a) Engaged in the activities for which
the license is held; and
(b) On association grounds;
(2) A positive result from a drug test
for marijuana, cocaine, or other controlled substance for which the licensee
does not have a current and valid prescription; or
(3) A conviction in any court of law for
a drug related offense.
Section 4. Discipline. (1) First offense.
(a) For a first time violation of this
administrative regulation, the offender’s license shall be suspended.
(b) The offender shall be required to
undergo an evaluation by a professional in the field of addictive or substance
abuse disorders approved by the authority.
(c) If the evaluator determines the
existence of a substance abuse problem, the offender shall be required to
comply with the recommended course of treatment.
(d) Upon the expiration of seven (7)
calendar days from the date of the suspension, the offender may request to be
reinstated by the authority
stewards.
(e) For a first time violation of this
administrative regulation for an alcohol infraction or crime involving drugs
and drug paraphernalia, the stewards shall have the discretion to impose a
lesser penalty and may excuse the offense for counting purposes under this administrative
regulation.
(2) Second offense.
(a) For a second violation of this
administrative regulation within a three (3) year period, the offender’s
license shall be suspended.
(b) The offender shall be required to
enroll in and complete a substance abuse program approved by the authority.
(c) Upon the expiration of sixty (60)
calendar days from the date of the suspension, the offender may request to be
reinstated by the authority
stewards.
(3) Third offense. A third violation of
this administrative regulation within a three (3) year period shall result in
the revocation of the offender’s license.
(4) Zero tolerance offense. Conviction in
any court of law of a drug trafficking offense shall result in revocation of
the offender’s license even if it is a first offense under this administrative
regulation.
(5) Preexisting offenses. A previous
violation of 810 KAR 1:025, Section 3(9) or (19), relating specifically to
intoxication or drug addiction shall be counted as a previous offense under
this section.
(6) Fines. Any offender under this
administrative regulation may also be fined not less than fifty (50) dollars
nor more than $1,000, at the discretion of the authority or stewards, in addition to any
suspension imposed.
(7) In determining the three (3) year
period under this administrative regulation, the period shall be measured from
the date on which the violation occurred. If the violation is a failure to
complete recommended treatment, the violation date shall be calculated from the
date of the first missed meeting, or session.
Section 5. Reinstatement after
Suspension. (1) After first offense. To be reinstated the offender shall
submit:
(a) Documentation of the completed
evaluation;
(b) the recommendation of the evaluator
in writing; and
(c) If treatment is recommended, evidence
of compliance with the imposed course of treatment.
(2) After second offense. To be
reinstated the offender shall submit documentation of compliance with the
imposed course of treatment.
(3) Continuing compliance with treatment.
(a) If an offender is reinstated before
the completion of the imposed course of treatment, continuing compliance with
treatment shall be required.
(b) Documentation of continued compliance
and final completion of treatment shall be provided upon request to the
stewards or other employee authorized by the authority.
(c) Failure to comply with and complete
the imposed course of treatment after reinstatement shall be deemed an
additional violation.
Section 6. Drug and Alcohol Testing. In
deciding when drug tests should be administered the stewards may require:
(1) All licensees be tested on a
particular day;
(2) Licensees on a particular day be
tested totally at random; or
(3) Those licensees that the stewards
have a reasonable suspicion may be under the influence of intoxicants submit to
drug and alcohol testing.
Section 7. Payment for Expenses Related
to this Administrative Regulation. Licensees shall be responsible for all or
part of the expenses associated with violating this administrative regulation,
including the cost of treatment and reinstatement of the license. The responsibility
for payment of expenses shall be as follows:
(1) For a first offense, the offender’s
responsibility for costs shall be at the discretion of the stewards or other
authorized authority
employee and shall be based on the offender’s ability to pay.
(2) For a second offense, the offender
shall bear all costs.
(3) For a drug or alcohol test initiated
by the authority
to determine if a violation has occurred, the authority shall bear the cost unless the test
reveals a violation. If the test reveals a violation, subsections (1) and (2)
of this section shall apply.
(4) Failure to pay any costs imposed
shall be grounds for denial of reinstatement.
Section 8. Administration of
Administrative Regulation. The authority shall employ a competent individual to oversee and
assist in the administration of this administrative regulation. The stewards of
the authority
shall enforce this administrative regulation under the direction of the authority and its
authorized employee. (26 Ky.R. 1464; Am. 1851; 27 Ky.R. 125; eff. 7-17-2000;
TAm eff. 8-9-2007.)
