SECTION 311.323. Penalties

(a) For a first violation under §311.321(b) of this title (relating to Prohibited Conduct) or §311.322 of this title (relating to Breathalyzer or Other Test), the stewards or racing judges shall prohibit the licensee from participating in racing for the remainder of that race day. In addition, the stewards or race judges may:

(1) prohibit the licensee from participating in racing until 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); and

(2) impose a fine in accordance with Chapter 307 of this title (relating to Practice and Procedure).

(b) If the person evaluating a licensee determines the licensee's condition is non-addictive or not detrimental to the best interest of racing, the stewards or racing judges shall permit the licensee to participate in racing, provided the licensee:

(1) produces a negative test result; and

(2) agrees to further testing to verify continued unimpairment.

(c) If the person evaluating a licensee determines the licensee's condition is addictive or detrimental to the best interest of racing, the stewards or racing judges shall prohibit the licensee from participating in racing until the licensee:

(1) produces a negative test result;

(2) provides proof that the licensee has satisfactorily completed a certified alcohol abuse rehabilitation program approved by the medical review officer; and

(3) agrees to further testing to verify continued unimpairment.

(d) For a second or subsequent violation, the stewards or racing judges shall suspend the licensee's license. After the licensee has satisfactorily completed a certified alcohol abuse rehabilitation program approved by the medical review officer, the licensee may apply to have the license reinstated. The stewards or racing judges may 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.

(e) All specimens to be tested under this subchapter shall be obtained and tested by the Commission under conditions properly controlled to guarantee the integrity of the process. The charges for tests conducted under this subchapter shall be forwarded to the Commission for approval as to the reasonableness of the charges in relation to industry standards for comparable testing procedures. The Commission shall pay the cost of the initial test. The licensee being tested is responsible for paying the costs of all tests other than the initial test.

Source Note: The provisions of this §311.323 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 7, 2001, 26 TexReg 193