SECTION 311.322. Breathalyzer or Other Test

(a) The stewards or racing judges may require a licensee to submit to a breathalyzer test or other non- invasive test at any time while on association grounds. An occupational licensee may be selected for testing by a method of random selection prescribed by the executive secretary. The method may be changed from time to time, and it is not an indication of unfairness if a licensee is selected more frequently than any other, providing there is no manipulation of the selection process. An occupational licensee may be selected for testing at any time while on association grounds on the basis of reasonable belief.

(b) A licensee who refuses to submit to such a test when requested to do so by the stewards or racing judges is subject to discipline by the stewards or racing judges.

(c) If the results of a test conducted under this section show a prohibited alcohol concentration, the stewards or racing judges shall impose penalties as authorized by §311.323 of this title (relating to Penalties).

Source Note: The provisions of this §311.322 adopted to be effective October 21, 1999, 24 TexReg 8973