Section 11.04.01.544 - TESTING SPLIT SAMPLESAfter having been notified that a written report from a primary laboratory stating that a prohibited substance has been identified in a specimen obtained pursuant to these rules, a trainer or owner of a horse may request that a split sample, corresponding to the portion of the specimen tested by the primary laboratory, be sent to another laboratory approved by the Racing Commission.
01.Submission of Testing Request. A formal request for split sample testing must be made in writing and delivered to the Board of Stewards not later than three (3) business days after the trainer of the horse receives written notice of the findings of the primary laboratory. The request must include the requesting trainer or owner's top three (3) referee laboratory choices. Any request for split sample testing not received by the specified deadline, and/or without all the required information, is considered invalid.02.Lab's Willingness to Test. Upon receipt of the written request for split sample testing, the Racing Commission will confirm the referee laboratory has agreed to accommodate the request and provide official test results to the Racing Commission. The Racing Commission will identify the confirmed referee laboratory to the requesting owner or trainer to arrange for payment of shipping costs and testing services costs.03.Shipping and Testing Fees. The requesting owner or trainer is entirely responsible for all costs and fees associated with sample shipment and testing services. Payment for sample shipment must be made to the Commission Veterinarian, or his authorized designee, prior to shipment of the split sample. Once the Racing Commission has received confirmation of payment of necessary fees required for split sample testing, the requested split samples will be shipped to the referee laboratory within ten (10) business days. Shipments are mailed only on Monday, Tuesday or Wednesday to avoid the samples sitting in a warehouse unrefrigerated over a weekend if there is a problem in transit.04.Unforeseen Circumstances. a. If the Racing Commission is unable to secure the services of a referee laboratory, the Racing Commission has the option to request the primary laboratory to conduct the split sample testing. The owner and trainer affected will be notified by the Racing Commission.b. If the Racing Commission is unable to contact the affected trainer or owner by telephone or last known location, the Racing Commission may proceed with split sample testing by the primary laboratory.c. If an Act of God, power failure, accident, strike, or other action that is beyond the control of the Racing Commission prevents a split sample from being tested, the test results of the primary laboratory will be accepted as prima facie evidence.05.Split Sample Test Results. The referee laboratory sends the results of the split sample test to the Racing Commission and the Racing Commission will forward those results simultaneously to the requesting owner or trainer as quickly as possible. a. If the split sample testing confirms the findings of the primary laboratory, it is considered a prima facie violation of the applicable provisions of this chapter.b. If the split sample testing does not substantially confirm the findings of the primary laboratory, it does not constitute a prima facie violation of this chapter and no penalty will be imposed by the Racing Commission.Idaho Admin. Code r. 11.04.01.544