Section 294-3.007 - ALCOHOL AND DRUGS3.007.01 No licensee, employee of any association, or member of the Racing Commission or its staff, while in restricted areas on the grounds of an association shall have present within his/her system any amount of alcohol which would constitute legal impairment or intoxication by a breathalyzer reading of .05 percent or more alcohol content. 3.007.01A Acting with reasonable suspicion, the stewards or a designated Racing Commission representative may direct any licensee, employee of an association, or member of the Racing Commission or its staff while on the grounds of an association to submit to a test to determine the blood alcohol content of the person. 3.007.02 Drug prohibition/body fluid test or other non-invasive tests. No licensee, employee of an association, or member of the Racing Commission or its staff, while on the grounds of an association shall have present within his/her system any controlled substance as listed in schedule I-V of the U.S. Code, Title 21 (Food and Drugs Section 812), or any prescription drug unless such prescription drug was obtained directly or pursuant to a valid prescription or order from a duly licensed physician who is acting in the course of his/her professional practice. 3.007.02A Acting with reasonable suspicion, the stewards or a designated Racing Commission representative may direct any licensee, employee of an association, or member of the Racing Commission or its staff while on the grounds of an association to submit to a body fluid test or other noninvasive test to determine the presence of controlled substances.3.007.03 PROCEDURES FOLLOWING POSITIVE CHEMICAL ANALYSIS 3.007.03A For a first violation of rule 3.007.01 a person shall be fined not less than $300. For a first violation of 3.007.02 the person's license shall be suspended for not less than 30 days and the person shall not be allowed to participate in racing until such time as his/her condition has been professionally evaluated as directed by the Commission and/or stewards. The Commission and/or stewards may also impose any other penalty it deems appropriate.3.007.03B After a professional evaluation, if the person's condition proves non-addictive and not detrimental to the best interests of racing, he/she may be allowed to participate in racing provided he/she produces a negative test result and agrees to further testing at the discretion of the stewards or designated Racing Commission representative to insure his/her continued unimpairment. The Commission and/or stewards may further direct his/her continued participation in any rehabilitation program as a condition to restoring his/her license to good standing. The Commission and/or stewards may also impose any other penalty it deems appropriate.3.007.03C After a professional evaluation, if the person's condition proves addictive or detrimental to the best interests of racing, said individual shall not be allowed to participate in racing until such time as he/she can produce a negative test result and show documented proof that he/she has successfully completed a certified alcohol/drug rehabilitation program approved in advance by the Commission and/or stewards. Said individual must agree to further testing at the discretion of the stewards or the Commission to insure his/her unimpairment3.007.03D For a second violation of rule 3.007.01 within five (5) years, a person shall be fined not less than $500 and required to be professionally evaluated as outlined in rules 3.007.03 A,B,C. For a second violation of rule 3.007.02 within five (5) years the person's license shall be suspended for not less than one (1) year and required to enroll, at his/her expense, into a certified alcohol/drug rehabilitation program approved in advance by the Commission. The person will be restored to good standing only at the discretion of the Commission and only on condition that he/she agree to further testing at the discretion of the stewards or designated Racing Commission representative to insure his/her continued unimpairment. The Commission may also impose any other penalty it deems appropriate.3.007.04 Refusal by any individual to provide these samples when directed shall be in violation of these rules and shall subject such individual to any penalty deemed appropriate by the stewards or the Commission. Prior violations for refusal by an individual to provide samples when directed shall be considered the same as a positive test for purposes of determining a second violation of 3.007.01 or 3.007.02. All testing shall be at the expense of the Association or as directed otherwise by the Commission.294 Neb. Admin. Code, ch. 3, § 294-3.007