Section 508.10  Purpose

 

a)         Horse racing is a publicly sponsored sport featuring legalized gambling by members of the general public, which, in turn, generates revenue for the state treasury.  The business of horse racing and its participants are pervasively regulated, like liquor and firearms, because of the public interest in close regulatory supervision.

 

b)         This Part is designed to prevent practices in horse racing that are detrimental to the public interest, to promote the best interests of horse racing, and to cooperate in the establishment of a national substance abuse rule for racing as proposed by the National Association of State Racing Commissioners.

 

c)         The abuse of chemical substance has become an increasing problem in modern society and could involve upwards of 10% of the total population. In racing, as with other sports, the problem of drugs is two-fold:  

 

1)         the impact on an individuals ability to perform his duties; and

 

2)         the addiction which may make the individual peculiarly susceptible to bribes or other improper influences.

 

d)         Horse races are won and lost in fractions of a second.  The dulling or alteration of the senses of one driver or jockey in a race endangers the safety, if not the life, of the human and equine participants in the race.

 

e)         The abuse of chemical substances by participants in racing may have a negative impact on the fairness of the competition, the public's perception of the integrity of the sport, and the outcome of a race.

 

f)         Part 508 rules provide a systematic administrative framework for the prevention of alcohol and drug abuse by participants in racing.  This part provides for the collection of body fluids and their testing for the presence of controlled substances.  Additionally, this part will provide a framework for the testing of drivers/jockeys for the presence of alcohol.

 

            Part 508 also provides a framework to insure that individuals who are found to abuse alcohol or drugs will seek rehabilitation.

 

g)         Part 508 is administratively motivated rather than an attempt by the Illinois Racing Board (Board) to enforce the criminal laws.  Privacy rights of the participants in racing are balanced against the broad public interest in maintaining the honesty and integrity of the racing industry.

 

h)         The General Assembly of Illinois has made a specific appropriation for the funding of the Human Substance Abuse Program.  Furthermore, this program is not intended to preclude the collection of bodily fluid specimens during a pre-race meeting physical.

 

Section 508.20  Definitions

 

            "Association grounds" means all areas used by a racing association to conduct a race meeting.

 

            "Civil penalty" means a monetary penalty assessed against a licensee for a violation of Board rules or the Illinois Horse Racing Act of 1975 (Act) (Section 9(1) of the Act, Ill. Rev. Stat. 1985, ch. 8, par. 37-9(1)).

 

            "Confirmed test" means a second analytical procedure has been used to identify the presence of a specific drug or metabolite in a urine specimen.

 

            "Controlled substance" means any substance listed in 21 U.S.C. 812.  (21 U.S.C. 812 does not include any later amendments or editions).

 

            "Initial screening" means a sensitive screening which determines the presence of drugs and their corresponding families.

 

            "Inquiry" means an informal hearing conducted by the stewards to determine whether the rules of the Illinois Racing Board or the Act have been violated.

 

            "Laboratory" means an independent testing laboratory contracted by the Board.

 

            "Positive report" means a laboratory report that a controlled substance was present in a urine sample.

 

            "Prescription drug" means any chemical substance which is prohibited by any federal law from being dispensed without a prescription from a licensed physician.

 

            "Stewards" means the steward or stewards representing the Board, the steward or stewards representing the organization licensee, and any other steward or stewards whose duty it shall be to supervise any licensed horse race meeting in Illinois under the jurisdiction of the Board.

 

Section 508.30  Breathalyzer Test

 

a)         No Jockey, Driver, Starter, Assistant Starter, or Outrider while on association grounds shall have present within his body any amount of alcohol. Jockeys, Drivers, Starters, Assistant Starters, or Outriders shall, when directed by the stewards, submit to a breathalyzer test.  If the results thereof show a reading of more than 0.00 percent of alcohol in the blood, such person shall not be permitted to ride or drive in races on that day.  The Board or the stewards shall assess a civil penalty against, or revoke the license of any Jockey, Driver, Starter, Assistant Starter, or Outrider who records a blood alcohol reading of more than 0.00 percent as provided for in Section 508.40.

 

b)         The stewards shall direct a Jockey, Driver, Starter, Assistant Starter, or Outrider at the race track to take a breathalyzer test if the stewards have either reasonable information or an individualized suspicion that the breathalyzer test of such Jockey, Driver, Starter, Assistant Starter, or Outrider may produce evidence that such individuals are intoxicated.  Any Jockey, Driver, Starter, Assistant Starter, or Outrider who fails to submit to a breathalyzer test when requested to do so by the stewards shall be suspended.

 

(Source:  Amended at 12 Ill. Reg. 1910, effective January 1, 1988)

 

Section 508.35  Hearings

 

A Jockey, Driver, Starter, Assistant Starter, or Outrider who records a blood alcohol reading of more than 0.00 percent or fails to submit to a breathalyzer test may request a hearing before the Board as set forth in 11 Ill. Adm. Code 204.  If any individual commits a fourth violation of Section 508.30 wherein his license is revoked, he shall be entitled to a hearing as provided in 11 Ill. Adm. Code 204. 

 

Section 508.40  Penalties for Alcohol Abuse

 

a)         For the first violation of Section 508.30, the Board or the Stewards shall assess a civil penalty of one hundred dollars ($100.00).

 

b)         For the second violation of Section 508.30, the Board or the Stewards shall assess a civil penalty of two hundred fifty dollars ($250.00).

 

c)         For the third violation of Section 508.30, the Board or the Stewards shall assess a civil penalty of five hundred dollars ($500.00)

 

d)         For the fourth violation of Section 508.30, the occupation license shall be revoked.  If any individual licensee commits a fourth violation of Section 508.30 wherein his license is revoked, he shall be entitled to a hearing as provided in 11 Ill. Adm. Code 204.

 

Section 508.50  Licensee Subject to Testing

 

a)         No licensee shall have present in his or her body, or possess or use on the grounds of any race track, any controlled substance or any prescription drug unless the substance was obtained directly, or pursuant to a valid prescription or order, from a licensed physician, while acting in the course of his or her professional practice. 

 

b)         Each licensee at a race track or other facility under the jurisdiction of the Board may be subject to a drug test at any time while within the enclosure of any race track or other facility, at the direction of the Stewards or Executive Director or designee, if there is individualized suspicion that a licensee is possessing or using any controlled substance or any drug in violation of any federal or State law.  This provision notwithstanding, specific categories of occupation licenses are subject to random drug testing pursuant to Section 508.80.  Failure to submit to or complete a drug test at the time, location and manner directed by Board personnel shall constitute a refusal to be tested.  Any licensee who fails to submit to or complete a drug test shall be immediately suspended for no more than 30 days and shall not be allowed to participate at any race track under the jurisdiction of the Board until a negative test result is achieved.  A licensees' refusal to test shall subject the licensee to the penalties in Section 508.60.

 

c)         Each specimen received from a licensee shall be divided into two separate parts.  One portion designated as the referee sample, shall be available for testing upon the request of the individual who provided the specimen.  The referee sample may also be tested by the laboratory with the consent of the individual who provided the specimen.  The other portion of the sample shall be known as the laboratory sample and shall be tested by the laboratory.   The cost of  testing the referee portion shall be borne by the person requesting the additional test.

 

d)         After  the specimen has been taken  from a licensee   and analyzed by an accredited laboratory approved by the Board, the laboratory shall make a positive  test  finding.  The Board shall consider both the initial test level and  confirmatory  test level  for controlled substances or prescription drugs, pursuant to the Mandatory Guidelines for Federal  Workplace  Drug Testing (Substance  Abuse  and  Mental  Health Services Administration available at http://www.workplace.samhsa.gov) when determining a positive for a controlled substance that is included in the federal guidelines.

 

e)         A confirmed positive for an illegal drug, controlled substance or prescription drug result shall be reported, in writing, to the Stewards.  On receiving written notice from the laboratory that a sample has been found positive for an illegal drug, controlled substance or prescription drug, the Stewards shall notify the individual of the test results.

 

f)         Upon receipt of a notice of positive test finding, the stewards shall conduct an inquiry at which the individual with notice of a positive test finding shall have the opportunity to be heard.  Further, any individual with notice of a positive test finding may challenge his or her particular test or test result by having a portion of the sample tested at the laboratory of his or her choice.  Any individual contesting the tests or test results may request a hearing before the Board as set forth in 11 Ill. Adm. Code 204.

 

(Source:  Amended at 33 Ill. Reg. 4158, effective March 1, 2009)

 

Section 508.60  Penalties for Substance Abuse

 

a)         For a licensees' first violation of Section 508.50(a) or (b), the Board or the Stewards shall suspend the offender or assess a civil penalty not to exceed $1,000.  In determining the appropriate penalty, the Board or stewards shall consider the offender's history of rule violations, age and experience, and the potential of the offender's conduct to result in physical harm to the human and equine participants at the race meeting.

 

b)         For a second violation of Section 508.50(a) or (b), the Board or the Stewards shall suspend the licensee pending his or her completion of a substance abuse treatment program licensed by the Illinois Department of Human Services under 77 Ill. Adm. Code 2055, a state licensed treatment program in another state, or an alternative program approved by the Stewards. If any individual is suspended for a second violation of Section 508.50(a) or (b), he or she shall be entitled to a hearing as provided in 11 Ill. Adm. Code 204.

 

1)         It shall be the responsibility of the licensee to provide the Board with written notice (on forms provided by the Board) of enrollment, weekly status reports, and a written notice that he or she has successfully completed the program and has been discharged.

 

2)         After a licensee has been discharged from a treatment program, the Board shall require, as a condition of re-licensure, periodic follow-up drug testing within one year from the date of the treatment program discharge, but not to exceed 4 tests per year.

 

c)         For a licensee's third violation of Section 508.50(a) or (b), his or her license shall be revoked.  If any individual's license is revoked for the third violation of Section 508.50(a) or (b), he or she shall be entitled to a hearing as provided in 11 Ill. Adm. Code 204.

 

(Source:  Amended at 33 Ill. Reg. 4158, effective March 1, 2009)

 

Section 508.70  Confidential Test Results

 

The results of any urine test shall be treated as confidential, except for their use with respect to a ruling issued pursuant to this rule, or any administrative or judicial hearing with regard to such a ruling.  Access to the information contained in any Board Laboratory "positive" test report shall be limited to the members of the Illinois Racing Board, the Executive Director and/or his designee and the subject Jockey, Driver, Starter, Assistant Starter or Outrider except in the instance of a contested matter.

 

Section 508.80  Random Testing

 

a)         State racing boards and commissions in several states have promulgated regulations that subject racing participants to both breathalyzer and urinalysis tests by ramdomly selecting participants for such tests.  The validity of this type of regulation was recently upheld in Shoemaker v. Handel, 3^rd Cir. (1986) 795 F. 2d 1136, affirming 619 F. Supp. 1098 (D.N.J. 1985).

 

b)         The Board finds, based on its experience and expertise in the regulation of racing, that random testing for alcohol and controlled substances will maximize the value of tests as a deterrent and will tend to reduce the adversarial nature of the test by treating all Jockeys, Drivers, Starters, Assistant Starters, and Outriders equally.

 

c)         As a supplement to the substance abuse testing program based upon individualized suspicion (as set forth in Sections 508.30 and 508.50 above), the Board hereby authorizes the limited use by the Stewards of both breathalyzer and urinalysis tests for Jockeys, Drivers, Starters, Assistant Starters, and Outriders who are selected by random.  The names of all Jockeys, Drivers, Starters, Assistant Starters, and Outriders who appear on the official program as participants for a given race program for which testing is to be conducted shall be placed in a locked container which shall be secured by the stewards.  The stewards for each racing program shall draw from the container the names of not more than five individuals for alcohol and drug testing.  The name drawing shall be proximate to race time and a representative of the Jockey's Guild, the Illinois Horsemen's Benevolent and Protective Association, and the Illinois Harness Horsemen's Association shall be invited to attend the drawings and witness the random selections.

 

d)         The Jockeys, Drivers, Starter, Assistant Starters, and Outriders whose names are drawn at random must provide a urine sample to the stewards or their designee before the last race for that racing program.  Any person selected at random who refuses to provide the sample or submit to a breathalyzer test shall be suspended.

 

e)         No Jockey, Driver, Starter, Assistant Starter, or Outrider shall be required to provide a urine sample on a random selection basis more than three times at a race meet.  If the participant's name is drawn in excess of three times, the stewards shall disregard the selection, return the name to the container, and draw another name.

 

Section 508.90  Severability

 

If any portion of these rules pertaining to substance abuse or the application thereof to any person or circumstances is held invalid, such invalidity does not affect other provisions or applications of these rules which can be given effect without the invalid application or provision, and to this end the provisions of these rules pertaining to substance abuse are declared by the Board to be severable.