SECTION 311.308. Penalties

(a) The stewards or racing judges shall impose penalties in accordance with this section for a violation of §311.301 of this title (relating to Use Prohibited). A penalty imposed under this section is appealable pursuant to §307.67 of the Rules (relating to Appeal to the Commission.)

(b) If the stewards or racing judges require a licensee to submit to testing under §311.302 of this title (relating to Subject to Testing) as prescribed under §311.303 of this chapter (relating to Method of Selection), the stewards or racing judges shall prohibit the licensee from participating in racing for the remainder of that day.

(c) For a first violation, the stewards or racing judges shall:

(1) suspend the licensee's license for at least six months; and

(2) prohibit the licensee from participating in racing until:

(A) the licensee's condition has been evaluated by the medical review officer or a person designated by the medical review officer under §311.306 of this title (relating to Medical Review Officer);

(B) the licensee has satisfactorily complied with any rehabilitation requirements ordered by the medical review officer; and

(C) the licensee has produced a negative test result.

(d) For a second or subsequent violation, the stewards or racing judges shall revoke the licensee's license.

(e) After a suspended licensee has satisfactorily complied with any rehabilitation requirements ordered by the medical review officer or completed a certified substance abuse rehabilitation program approved by the medical review officer, the licensee may apply to have the license reinstated. The stewards or racing judges shall reinstate the license if the stewards or racing judges determine the licensee poses no danger to other licensees or race animals and that reinstatement is in the best interest of racing. On reinstatement, the stewards or racing judges shall require the licensee to submit to further drug testing to verify continued compliance with the Rules and complete any additional rehabilitation or after-care drug treatment recommended by the medical review officer.

(f) All specimens to be tested under this subchapter shall be obtained and tested in accordance with §311.304 (relating to Taking of Samples.) The Commission shall pay the cost of the initial test. The licensee being tested is responsible for paying the costs of all subsequent tests.

Source Note: The provisions of this §311.308 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective November 6, 2002, 27 TexReg 10379; amended to be effective May 3, 2017, 42 TexReg 2339