810 KAR 1:060. Chemical dependency

Link to law: http://www.lrc.ky.gov/kar/810/001/060.htm
Published: 2015

      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)


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


      (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


      (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


      (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


      (4) Tamper with a drug or alcohol test;


      (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


      (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


      (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


      (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


      (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


      (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


      (a) Documentation of the completed


      (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.)
Read Entire Law on www.lrc.ky.gov