La. Admin. Code tit. 35 § I-1733

Current through Register Vol. 50, No. 5, May 20, 2024

Section I-1733 - Racing a Horse under Investigation

A. When a report as described in §1729 is received from the state chemist, the state steward shall immediately advise the trainer of his rights to have the "split" portion of the sample tested at his expense. The stable shall remain in good standing pending a ruling by the stewards, which shall not be made until the split portion of the original sample is confirmed positive by a laboratory chosen by the trainer from a list of referee laboratories. The horsemen's bookkeeper shall not release any affected purse monies until the results of the split portion of the sample are received by the commission. If the penalty options as described in §1737 and §1797 include a redistribution of the purse or a referral to the commission the horse allegedly to have been administered any such drug or substance shall not be allowed to enter or race during the investigation, and until the completion of the stewards' hearing.

B. In the event the horse is claimed in the race in which the horse allegedly ran with a prohibited drug or substance, the new owner may enter and race the horse; however, should the horse be claimed thereafter by the same owner who raced the horse, allegedly with prohibited drug or substance, in the previous race in question, the horse shall not be allowed to enter a race during the investigation and hearing concerning the horse in the previous race in question.

C. For the purpose of this rule "the investigation and hearing" referred to herein shall mean the stewards' hearing following receipt of the report of the state chemist described herein and in §1729.

La. Admin. Code tit. 35, § I-1733

Adopted by the Racing Commission in 1971, promulgated by the Department of Commerce, Racing Commission, LR 2:449 (December 1976), amended LR 3:45 (January 1977), LR 4:287 (August 1978), LR 7:262 (May 1981), LR 9:755 (November 1983), amended by the Department of Economic Development, Racing Commission, LR 18:367 (April 1992), LR 23:951 (August 1997), LR 24:1682 (September 1998), amended by the Office of the Governor, Division of Administration, Racing Commission, LR 33:845 (May 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 4:142 and R.S. 4:148.