Section 11.04.01.112 - A POSITIVE TESTOn receiving written notice from the approved laboratory that a sample has been found positive for a controlled substance, the Racing Commission will initiate the following procedure:
01.Notification. The Racing Commission, through the Business Operations Manager or ISP designee, will notify the presiding Steward and forward the test results to the Board of Stewards.02.Hearing Set. The Board of Stewards will set a hearing in accordance with IDAPA 11.04.01.A.A5, "Rules Governing Disciplinary Hearings and Appeals," within the next two (2) racing days or seven (7) calendar days, whichever is less, after they receive notice of a positive test from the. Business Operations Manager or ISP designee.03.Written Notice.a. Notice of Hearing. Written notice of the hearing must be given to the licensee or applicant as soon as the hearing date is set. The hearing may be held within a shorter or longer period of time if the licensee, employee, or applicant named and the Board of Stewards agree.b. Service of Notice. Service must be to the licensee or applicant personally by leaving the notice at the person's residence with someone of reasonable age and discretion residing therein, or by mail to the person's last known address. If by mail, service is deemed completed on the third day after mailing.04.Opportunity for Explanation. The hearing will conducted before the Board of Stewards pursuant to IDAPA 11.04.01.A. A5, "Rules Governing Disciplinary Hearings and Appeals." At the hearing, the licensee or applicant will be provided an opportunity to present evidence and explain the positive test.05.Confidentiality. The Board of Steward's hearing must be closed and the facts therein will be kept confidential, unless for use with respect to any subsequent contested hearing or order by the Racing Commission or judicial hearing with regard to such facts. Closure of the hearing and confidentiality of the proceedings may be waived by the licensee, employee, or applicant.06.Lacking Satisfactory Explanation. Lacking a satisfactory explanation and documentation or upon the licensee or applicant agreeing with the test results, the Board of Stewards will suspend the licensee or applicant in accordance with Section 113 of these rules.Idaho Admin. Code r. 11.04.01.112