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INDIANA HORSE RACING COMMISSION
OFFICIAL AGENDA
August 28, 2018
10:30 A.M.
Indiana State Library, Author’s Room
315 W Ohio St., Indianapolis, IN 46204 (Southwest corner of Senate and Ohio Streets – across from the State Parking garage)
I. Call to Order
II. Approval of minutes from the April 18, 2018 meeting and June 27, 2018 meeting.
III. Agenda
- Consideration of the following IHRC Rules:
Standardbred Amends 71 IAC 3-2-9 regarding the judge’s list Amends 71 IAC 8-3-5 regarding out of competition testing Amends 71 IAC 8-4-1 regarding sample collection procedures Amends 71 IAC 8-11-2 regarding a licensee subject to testing and positive sample results
Thoroughbred & Quarter Horse Amends 71 IAC 3 .5-2-9 regarding the steward’s list Adds 71 IAC 8.5-1-2.1 regarding clenbuterol being prohibited in quarter horses Amends 71 IAC 8.5-2-5 regarding out of competition testing Amends 71 IAC 8.5-3-1 regarding sample collection procedures Adds 71 IAC 8.5-8-1.5 regarding the veterinarian’s list for a quarter horse clenbuterol positive All Breeds Adds 71 IAC 9-2-1 through 71 IAC 9-2-11 regarding advance deposit wagering definitions Adds 71 IAC 9-2.1-1 through 71 IAC 9-2.1-14 regarding advance deposit wagering Amends 71 IAC 9-2.5-1 regarding wagering rules
- Review of commission rulings – June 19, 2018 – August 22, 2018
- Split Laboratories – add additional RMTC certified laboratories to list of current approved labs.
III. Old Business
IV. New Business
V. Adjournment
Memorandum of the Executive Session of the Indiana Horse Racing Commission April 18, 2018 Hoosier Lottery Building – Weliever Conference Room 1302 N. Meridian Street Indianapolis, IN 46202
Pursuant to public notice issued in compliance with IC 5-14-1.5-1-1 et seq., the Indiana Horse Racing Commission (the “Commission”) met in executive session at 12:30 p.m. on Wednesday, April 18, 2018, in the Weliever Conference Room of the Hoosier Lottery Building located at 1302 N. Meridian Street, Suite 175, Indianapolis, IN 46202. Commission members present were Philip C. Borst, Chairman; Greg Schenkel, Vice Chairman; Susie Lightle, member and William McCarty, member via telephone. The Commissioners met pursuant to IC 5-14-1.5-6.1(b)(9).
No subject other than that authorized by IC 5-14-1.5.6.1 (and identified in the public notice) was discussed during the executive session.
IHRC Minutes December 6, 2017 Page 2
- Review of commission rulings – November 28, 2017 – March 28, 2018.
General Counsel Lea Ellingwood introduced the term of commission rulings for review and comments. There were no comments or discussion.
III. Adjournment
The meeting was adjourned at 1:40 p.m.
Memorandum of the Executive Session of the Indiana Horse Racing Commission June 18, 2018 Hoosier Lottery Building – Weliever Conference Room 1302 N. Meridian Street Indianapolis, IN 46202
Pursuant to public notice issued in compliance with IC 5-14-1.5-1-1 et seq., the Indiana Horse Racing Commission (the “Commission”) met in executive session at 1pm on June 18, 2018, at 1:00 P.M. in the Weliever Conference Room of the Hoosier Lottery Building located at 1302 N. Meridian Street, Suite 175, Indianapolis, IN 46202. All members of the Commission attended in person or participated in the meeting electronically. The Commission’s Executive Director and counsel were also in attendance. During this meeting, there was a discussion (as authorized by IC 5-14-1.5-6.1(b)(7)) of confidential records referenced by IC 5-14-3-4(a)(4) and (5) that have been submitted or generated In Re: the Petition of Caesars Entertainment Company and Caesars Resorts Collection, LLC for Approval to Transfer the Permits and Licenses of Centaur Holdings (and its direct and indirect subsidiaries).
The Commission certifies that no subject matter was discussed in the executive session other than the subject matter specified in the public notice.
IHRC Minutes June 27, 2018 Page 2
DVM v. IHRC Staff.
Opposing counsel Attorney Pete Sacopulos, of Sacopulos, Johnson & Sacopulos presented the oral argument for the Exception to the Order for Dr. Baliga. Former Deputy Counsel Holly Newell presented on behalf of the IHRC Staff to the Commission in this matter. Deputy Attorney General Gordon White represented the Commission, advising they dissolve the Order by Administrative Law Judge Pylitt and to issue a new Order.
Commissioner Schenkel moved to issue an Order to dissolve the Order by Administrative Law Judge Pylitt and to issue a new Order denying request for relief based on the fact that the matter is now under judicial review by another jurisdiction on Appeal and that it was not properly pled from the start. The penalties remain in effect. Attorney White will craft the Order. The motion was seconded by Commissioner McCarty, and the vote carried unanimously on roll call, 5-0 in favor of so doing.
- Consideration of Respondent Didiel Osorio’s Objections to Administrative Law Judge’s Findings of Fact, Conclusions of Law, and Recommended Order in the matter of IHRC Staff v. Didiel Osorio.
Counsel Dale Pennycuff presented for the IHRC Staff in this matter, and Didiel Osorio neither appeared in person or by counsel.
Commissioner Schenkel made the motion to affirm Judge Yelton’s Recommended Order and Commissioner Pillow seconded the motion. The vote carried unanimously, 5-0 by roll call.
- Commission consideration of the following proposed emergency rules and changes: Standardbred 71 IAC 6-1-3 Claiming procedures 71 IAC 8-11-4 Refusal or failure to be tested
Thoroughbred & Quarter Horse 71 IAC 8.5-11-4 Refusal or failure to be tested
All Breeds 71 IAC 10-3-4 Filing pleadings
Commissioner Pillow moved to accept the proposed emergency rules and changes. Commissioner Schenkel seconded the motion and the vote carried unanimously 4-0 for approval. Commissioner McCarty did not vote on this matter.
- Review of commission rulings – March 29, 2018 – June 18, 2018.
Former Deputy Attorney Holly Newell offered to answer any questions regarding the
IHRC Minutes June 27, 2018 Page 3
commission rulings for this period. There were none.
- Hearing, Deliberation and Issuance of Decision relating to Petition of Caesars Amended Notice of Hearing and Amended Pre-Hearing Order on Petition of Caesars Entertainment Company and Caesars Resorts Collection, LLC, For Approval to Transfer Permits and Licenses.
Attorney Robin Babbitt requested all the documents previously presented as exhibits to be made a part of the record. Those so designated confidential will remain so and the documents that are not marked as confidential will be accessible to the public. Attorney Babbitt introduced the presentation of the Caesars Entertainment Company’s Petition for Approval to Transfer Permits and Licenses of Centaur Holdings.
Chairman Borst swore in the witnesses en masse. Murry Clark, Faegre Baker Daniels, counsel for Caesars, stated it was in the best interest of the State of Indiana and the horse racing industry in this state that Caesars be authorized to acquire the ownership interest in Centaur and its subsidiaries and operate Hoosier Park, Indiana Grand, and the related satellite facilities under licenses issued by the Commission.
Mark Frissora, President and CEO of Caesars Entertainment, presented an introduction to Caesars and briefly explained why Caesars want to expand its footprint in Indiana. Daniel Nita, Regional President of Caesars Entertainment, provided an overview of Caesars and its commitment to horse racing, including capital investment plans. He also spoke to facility leadership and returned later in the presentation to discuss employee engagement and Caesars’ history of corporate citizenship.
Trent McIntosh, proposed General Manager for Hoosier Park, discussed Caesars’ commitment to partnering with the horsemen, as well as enhancements to Hoosier Park. Eric Hession, CFO and Treasurer of Caesars Entertainment, spoke about customer engagement and introduced Caesars’ loyalty program, Total Rewards. Susan Carletta, Deputy General Counsel and Chief Regulatory & Compliance Officer for Caesars Entertainment, discussed Caesars’ commitment to compliance, including Caesars’ current compliance practices at its two [Indiana] casinos.
Mike Smith, Executive Director of the IHRC, discussed his report to the Commission. Public testimony followed. Jack Kieninger, President of the Indiana Standardbred Association, addressed the Commission. Dwayne Rhule, Chairman Standardbred Advisory Board, addressed the Commission. Murry Clark provided a recap of Caesars’ presentation.
Commissioners Pillow and Schenkel, and Chairman Borst, asked several questions which were answered by various members of Caesars’ management team.
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TITLE 71 INDIANA HORSE RACING COMMISSION
Emergency Rule LSA Document #18 - ____ (E)
DIGEST
Amends 71 IAC 3-2-9 regarding the judge’s list. Amends 71 IAC 3.5-2-9 regarding the steward’s list. Amends 71 IAC 8-3-5 regarding out of competition testing. Amends 71 IAC 8-4- regarding sample collection procedures. Amends 71 IAC 8-11-2 regarding a licensee subject to testing and positive sample results. Adds 8.5-1-2.1 regarding clenbuterol being prohibited in quarter horses. Amends 71 IAC 8.5-2-5 regarding out of competition testing. Amends 71 IAC 8.5-3-1 regarding sample collection procedures. Adds 71 IAC 8.5-8-1.5 regarding the veterinarian’s list for a quarter horse clenbuterol positive. Adds 71 IAC 9-2-1 through 71 IAC 9- 2-11 regarding advance deposit wagering definitions. Adds 71 IAC 9-2.1-1 through 71 IAC 9- 2.1-14 regarding advance deposit wagering. Amends 71 IAC 9-2.5-1 regarding wagering rules. Effective upon filing with the Publisher.
SECTION 6. 71 IAC 3-2-9 IS AMENDED TO READ AS FOLLOWS:
71 IAC 3-2-9 Judge's list Authority: IC 4-31-3- Affected: IC 4- Sec. 9. (a) The judges shall maintain a judge's list of the horses that are ineligible to be entered in a race because of poor or inconsistent performance or behavior on the race track that may endanger the health and safety of the participants and for the protection of the wagering public. The reasons for a horse to be placed on the judge's list and ordered to qualify shall include, but not be limited to, the following on a fast or good track: (1) Making a break in a qualifying race. (2) Making a break in a race following a qualifying race, if on the list for breaks, unless finishing first, second, or third. Two (2) year old nonwagering purse races for three hundred dollars ($300) or less shall be considered a qualifying race. (3) Poor performance or failure to go in a qualifying time. (4) Poor performance in a qualifying race regardless of going in qualifying time. (5) Making breaks in two (2) consecutive starts unless finishing first, second, or third in one (1) of the two (2). (6) Being scratched sick or lame in two (2) consecutive program ming s. (7) Numerous bad lines in its last six (6) starts regardless of being consecutive on finishing first, second, or third. (8) Poor performance while competing in a race followed by a break later in that race. (b) Any horse on the veterinarian’s list shall also be considered to be on the judge’s list and ineligible to race until removed; (c) Any horse that has tested positive for a foreign substance in violation of these rules that has not been cleared by the official veterinarian or judges shall be considered to be on the judge’s list and ineligible to race until removed; ( d ) Horses racing at all county fair race tracks that return to pari-mutuel race tracks to compete must have a clean charted line in qualifying time within thirty (30) days or they must requalify. Time allowances for half-mile tracks shall be set by the race secretary at the pari-mutuel track, except as indicated in the conditions of the Indiana sires stakes.
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( e ) Horses that are on the judge's list or are not eligible to compete due to the qualifying standards at the Indiana pari-mutuel race track may be allowed to compete in "paid in events" if they have a clean line in qualifying time in the last thirty (30) days (race date to race date) unless declared ineligible under subsection (f h ) or (g i ). ( f ) The judges may place a horse on the judge's list when there exists a question as to the exact identification, ownership, or trainer of a horse. ( g ) A horse may not be released from the judge's list without permission of the judges. ( h ) Qualifying standards shall not be waived for non-Indiana late closers, Indiana sire stakes finals, late closer finals, and all "paid in events" if there exists a compromise with the health and safety of the participants in those races. ( i ) Horses that are placed on the vet's or judge's list as sick, lame, or injured for a specified number of days, which includes the race date or are required to qualify before racing by the vet or starter, shall not be eligible to race under subsection (c e ). (Indiana Horse Racing Commission; 71 IAC 3-2-9; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1129; emergency rule filed Apr 9, 1998, 1:18 p.m.: 21 IR 3377; emergency rule filed Feb 20, 2001, 10:08 a.m.: 24 IR 2097; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; emergency rule filed Mar 27, 2002, 10:25 a.m.: 25 IR 2534; emergency rule filed Feb 21, 2003, 4:15 p.m.: 26 IR 2380; emergency rule filed Jan 21, 2004, 2:30 p.m.: 27 IR 1911; emergency rule filed Apr 21, 2004, 3:45 p.m.: 27 IR 2754; emergency rule filed May 10, 2005, 3:20 p.m.: 28 IR 2745; emergency rule filed Jan 25, 2006, 10:30 a.m.: 29 IR 1955; emergency rule filed Mar 20, 2007, 1:43 p.m.: 20070404-IR-071070198ERA, eff Mar 16, 2007 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #07-198(E) was filed with the Publisher March 20, 2007.]; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404- IR-071070030RFA; emergency rule filed Mar 19, 2009, 11:07 a.m.: 20090401-IR- 071090195ERA, eff Mar 12, 2009 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #09-195(E) was filed with the Publisher March 19, 2009.]; emergency rule filed Mar 23, 2010, 1:27 p.m.: 20100331-IR-071100170ERA; emergency rule filed Mar 3, 2011, 11:50 a.m.: 20110309-IR-071110100ERA; emergency rule filed Mar 8, 2012, 11:43 a.m.: 20120321-IR-071120117ERA; readopted filed Nov 26, 2013, 11:25 a.m.: 20131225-IR071130345RFA; emergency rule filed Mar 30, 2016, 12:18 p.m.: 20160406-IR- 071160138ERA; emergency rule filed Jun 10, 2016, 11:11 a.m.: 20160615-IR-071160257ERA; emergency rule filed Feb 3, 2017, 2:24 p.m.: 20170208-IR-071170051ERA; emergency rule filed Mar 17, 2017, 1:04 p.m.: 20170322-IR-071170167ERA; emergency rule filed Apr 30, 2018, 3: p.m.: 20180502-IR071180203ERA)
SECTION 7. 71 IAC 3.5-2-9 IS AMENDED TO READ AS FOLLOWS:
71 IAC 3.5-2-9 Steward's list Authority: IC 4-31-3- Affected: IC 4- Sec. 9. (a) The stewards shall maintain a steward's list of the horses that are ineligible to be entered in a race because of poor or inconsistent performance or behavior on the race track that may endanger the health and safety of other participants in racing. (b) Any horse on the veterinarian’s list shall also be considered to be on the steward’s list and ineligible to race until removed; (c) Any horse that has tested positive for a foreign substance in violation of these rules that has not been cleared by the official veterinarian or stewards shall be considered to be on the steward’s list and ineligible to race until removed; (b d ) The stewards may place a horse on the steward's list when there exists a question as to the
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(c) The executive director or judges may order any horse of a licensed trainer to report to a track under the jurisdiction of the commission for out of competition testing. The trainer is responsible to have the horse or horses available at the designated time and location. In the event that a horse is ordered to report to a track pursuant to the authority granted by this subsection, a licensed trainer is entitled to reimbursement by the commission for mileage (at the current rate paid by the state of Indiana as specified in the current Indiana financial management circular) to and from the location where the horse was stabled when the horse was ordered to report to the track. Under no circumstances will a trainer be entitled to reimbursement for mileage in excess of the actual mileage to the track from the place where the horse was stabled when ordered to report and from the track to the place where the horse is first stabled following the testing. The trainer is not entitled to receive reimbursement from the commission for any other expense relating to any order under this subsection to report to a track for out of competition testing. (d) The official veterinarian, a licensed veterinarian authorized by the commission, a veterinary technician under the direct supervision of the official veterinarian, or a licensed veterinarian authorized by the commission may take a urine, blood, or hair sample from a horse for testing as provided for in this section. (e) Unless sample collection occurs on the grounds of a racetrack or other location within Indiana under the commission's jurisdiction, the commission's representatives must arrive for the taking of blood, urine, or hair samples from an eligible horse as defined in subsection (a) or (b), only between the hours of 7:00 a.m. and noon, after announcing their presence at the premises where the horse(s) to be tested is (are) located and showing their credentials to collect samples from the horse(s) selected for testing for prohibited substances, practices, and procedures as specified in subsection (f). The commission's representatives or designees will request to meet with the trainer or owner of the selected horse(s). If neither is available, the collection will be deferred until the trainer and/or owner, or their representative or designee, becomes reasonably available, but the collection must occur not later than one (1) hour after the commission's designee arrives at the premises in the case of an eligible horse under subsection (a), and not later than two (2) hours in the case of an eligible horse under subsection (b). If the collection does not occur within the time provided for in this subsection, any horse that would have been subject to testing and eligible to race in Indiana will be deemed to be ineligible for racing in Indiana pursuant to the provisions of subsections (a) and (b). In addition, the owner and/or trainer of the horses may be subject to any other sanctions allowed by Indiana law and regulations, including, but not limited to, a fine, suspension, and/or summary suspension. It is a defense to any action brought against an owner and/or trainer for sanctions or as a result of any declaration a horse is ineligible because the sample collection did not occur within the time provided for by this subsection that good cause existed that prohibited the owner, trainer, and/or their representative or designee from complying with the time limits set forth in this subsection. The owner, trainer, and/or their representative or designee has the burden of proving the good cause defense by a preponderance of the evidence. (f) Prohibited substances, practices, and procedures are defined as the following: (1) Blood doping agents including, but not limited to, erythropoietin (EPO), darbepoetin, Oxyglobin, Hemopure, Aranesp, or any substance that abnormally enhances the oxygenation of body tissues. (2) Gene doping agents or the nontherapeutic use of genes, genetic elements, and/or cells that have the capacity to enhance athletic performance or produce analgesia. (3) Naturally produced venoms, synthetic analogues of venoms, derivatives of venoms, or synthetic analogues of derivatives of venoms. (4) Substances capable of producing a repartitioning effect that are not FDA-approved for use in horses, including, but not limited to, ractopamine, zilpaterol, or any similar agent.
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(5) AAS (androgenic-anabolic steroids) other than endogenous concentrations of the naturally occurring substances as defined in 71 IAC 8-1-8 or AAS in a horse placed on the veterinarian's list in accordance with 71 IAC 8-1-8(f); and (6) Cobalt in excess of the threshold provided in 71 IAC 8-1-9. In the event a sample from a horse results in cobalt in excess of the threshold, the horse shall be placed on the veterinarian's list until the concentration of cobalt in serum has fallen below the designated threshold, or until the conclusion of the race meet. However, horses testing at a concentration of one hundred (100) parts per billion shall be placed on the veterinarian's list for a minimum of thirty (30) days. (7) The presence in a horse of any substance at anytime listed in subdivision (1), (2), (3), (4), or (5) in an eligible as defined in subsections (a) and (b) above is prohibited and is a violation of this rule. (g) The trainer and/or his/her designees shall cooperate with the official veterinarian or any licensed veterinarian or licensed veterinary technician authorized by the commission or any commission employee by: (1) assisting in the immediate location and identification of the eligible horse selected for out of competition testing; and (2) providing a stall or safe location to collect the samples. The executive director or judges may summarily suspend, exclude, and/or otherwise penalize any trainer and/or other authorized representative or designee who does not fully cooperate with a commission employee or representative in assisting and identifying an eligible horse or providing a safe stall to collect samples in a timely fashion. If any such person is summarily suspended, excluded, or otherwise penalized, she/he shall be entitled to a hearing in accordance with Indiana law and regulations. A summary suspension, exclusion, or sanctions for failure to cooperate shall not issue, however, if a horseman meets his or her burden to establish the good cause defense set forth under subsection (e). This provision does not apply to an owner or trainer who timely provides written notice under subsection (a) or (b) that a horse sought to be tested is not intended to be raced in Indiana and thereby renders the horse ineligible pursuant to subsection (b). (h) The collection of blood, urine, or hair or urine samples under this rule shall be collected as provided by 71 IAC 8-4-1 and shall be divided in three (3) parts to be analyzed as follows: (1) approved primary laboratory for screening; (2) approved primary laboratory for confirmation; and (3) approved laboratory for split sample testing as chosen by the owner or trainer. The commission shall approve the laboratories for screening, confirmation, and split sample testing. (i) The collection of hair samples under this rule shall be collected as provided by 71 IAC 8-4-1 and shall be analyzed as follows: (1) approved primary laboratory for screening; and (2) approved primary laboratory for confirmation. The commission shall approve the primary laboratories for screening and confirmation. A hair sample shall be ineligible for split sample testing. (i) (j) In the absence of extraordinary mitigating circumstances, a minimum penalty of a ten (10) year suspension will be assessed for any violation of subsection (f)(1) and (f)(2) of this rule. The Association of Racing Commissioners International, Inc. Uniform Classification Guidelines for Foreign Substances and Recommended Penalties and Model Rule will be considered for violations of (f)(3), (f)(4), and (f)(5) of this rule with additional penalties for any drug not FDA approved for use in horses.
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(h) If the retained part of a specimen is sent for testing, the official veterinarian or designated commission employee shall arrange for the transportation of the specimen in a manner that ensures the integrity of the sample. (i) Blood samples shall be centrifuged. (j) The provisions of subsections (b), (c), and (d) do not apply to 71 IAC 8-3-5. (Indiana Horse Racing Commission; 71 IAC 8-4-1; emergency rule filed Feb 10, 1994, 9: a.m.: 17 IR 1172; emergency rule filed Jan 27, 1995, 3:30 p.m.: 18 IR 1504; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; emergency rule filed Feb 21, 2003, 4:15 p.m.: 26 IR 2385; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; emergency rule filed Jul 23, 2007, 9:16 a.m.: 20070808-IR-071070461ERA, eff Jul 18, 2007 [IC 4-22-2-37. establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #07-461(E) was filed with the Publisher July 23, 2007.]; emergency rule filed Mar 3, 2011, 11:50 a.m.: 20110309-IR-071110100ERA; emergency rule filed Apr 5, 2013, 3:50 p.m.: 20130410-IR-071130135ERA; emergency rule filed Feb 21, 2018, 2:58 p.m.: 20180228-IR- 071180112ERA)
SECTION 10. 71 IAC 8-11-2 IS AMENDED TO READ AS FOLLOWS:
71 IAC 8-11-2 Licensee subject to testing; positive sample results Authority: IC 4-31-3- Affected: IC 4-31-8-
Sec. 2. A permit holder shall provide an alcohol breath testing device that is approved by the commission and operated by a person certified to use such a device. All drivers, judges, starters, the paddock judge, horse identifier, photo finish technician, test barn veterinarian, racing veterinarian, outriders, and drivers of starting gates shall submit to a breath test prior to the beginning of their duties at each program in which they participate. Any licensee on the track surface during training hours or any licensee scheduled to drive in a qualifying race is subject to testing at the discretion of the judges. In addition, the racing secretary, the judges, the commission director of security, or the track chief of security may order a licensee to submit to a breath test at any time there is reason to believe the licensee may have consumed sufficient alcohol to cause the licensee to fail a breath test. A positive test result as defined by 71 IAC 8.5-11-1(b) section 1(b) of this rule shall be prima facie evidence that there has been a violation of 71 IAC 8.5-11-1 of section 1 of this rule. In the event of such positive test, it is presumed that: (1) the breath sample tested is taken from the person and its integrity has been preserved; (2) all accompanying procedures of collection and analysis of this sample are correct and accurate; and (3) the report issued by the commission pertains to the sample taken from the person in question correctly reflects the condition of the person at the time of the sample was given. With respect to the presumptions set forth in this section, the burden is on the person against whom the test is offered to prove otherwise at any hearing in regard to the matter which is conducted by the stewards or by the commission. (Indiana Horse Racing Commission; 71 IAC 8-11-2; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1177; emergency rule filed Feb 24, 2000, 2:32 p.m.: 23 IR 1671, eff Feb 24, 2000; errata filed Mar 13, 2000, 7:36 a.m.: 23 IR 1656; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; emergency rule filed Jul 28, 2006, 11:17 a.m.: 20060809-IR-071060278ERA, eff Aug 1, 2006; errata filed Aug 11, 2006, 11:15 a.m.; 20060830-IR-071060278ACA; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; emergency rule filed Jan 25, 2012, 12:20 p.m.: 20120201-IR-071120056ERA)
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SECTION 11. 71 IAC 8.5-2-5 IS ADDED TO READ AS FOLLOWS:
71 IAC 8.5-1-2.1 Clenbuterol prohibited in quarter horses Authority: IC 4-31-3- Affected: IC 4-31-
Sec. 2. (a) No quarter horse participating in a race shall carry in its body clenbuterol in excess of the threshold provided in 71 IAC 8.5-1-4.2(5). A finding by the chemist or commission designee that clenbuterol in excess of the threshold is present in the test sample shall be prima facie evidence that clenbuterol was administered and carried in the body of the horse while participating in a race. Such a finding shall also be taken as prima facie evidence that the trainer and his or her agents responsible for the care or custody of the horse have been negligent in the handling or care of the horse. (b) Upon a finding of a violation of this section, whether by pre-race testing or post- race testing, the owners or lessees of the horse from which the specimen was obtained shall forfeit any purse money and any trophy or award. If the purse money, trophy or award is associated with a qualifying race, a positive test for clenbuterol shall render the horse ineligible for any subsequent related race. (c) In the event a sample from a quarter horse results in clenbuterol in excess of the threshold, the quarter horse shall be placed on the veterinarian’s list as provided in 71 IAC 8.5-8-1.5.
SECTION 12. 71 IAC 8.5-2-5 IS AMENDED TO READ AS FOLLOWS:
71 IAC 8.5-2-5 Out of competition testing Authority: IC 4-31-3- Affected: IC 4-31-
Sec. 5. (a) Any horse eligible to race in Indiana under this subsection is subject to testing without advance notice for prohibited substances, practices, and procedures as specified in subsection (f), while the horse is located on the grounds of a racetrack under the jurisdiction of the commission, or stabled off association grounds while under the care or control of a trainer or owner licensed by the commission under the restrictions listed in subsection (e). A horse is eligible to race in Indiana if it is listed: (1) on an owner's or trainer's license application; or (2) a stall application, nomination list; or (3) on the horse sign-in sheet at any time during the meet; or (4) has raced at any Indiana race meet during the calendar year. A horse shall be presumed eligible if it is a racing breed, at least two (2) years old and an Indiana bred or sired horse. The owner of such an Indiana bred or sired horse may render the horse ineligible for the testing as described in this regulation by indicating in writing the Indiana bred or sired horse is not intended to race in Indiana, pursuant to subsection (b) below provided that the owner of such an Indiana bred or sired horse provides such written notice to the office of the commission thirty (30) days before the horse turns two (2) years old or within thirty (30) days after the owner acquires the horse. In this event, the horse shall be deemed ineligible for racing in Indiana as provided for in subsection (b) below. (b) If a horse selected to be tested is not covered under subsection (a), the executive director or stewards may nevertheless test any such horse as eligible to race in Indiana for
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(f) Prohibited substances, practices, and procedures are defined as the following: (1) Blood doping agents including, but not limited to, erythropoietin (EPO), darbepoetin, Oxyglobin, Hemopure, Aranesp, or any substance that abnormally enhances the oxygenation of body tissues. (2) Gene doping agents or the nontherapeutic use of genes, genetic elements, and/or cells that have the capacity to enhance athletic performance or produce analgesia. (3) Naturally produced venoms, synthetic analogues of venoms, derivatives of venoms, or synthetic analogues of derivatives of venoms. (4) Substances capable of producing a repartitioning effect that are not FDA-approved for use in horses, including, but not limited to, ractopamine, zilpaterol, or any similar agent. (5) AAS (androgenic-anabolic steroids) other than endogenous concentrations of the naturally occurring substances as defined in 71 IAC 8.5-1-8 or AAS in a horse placed on the veterinarian's list in accordance with 71 IAC 8.5-1-8(f); and (6) Cobalt in excess of the threshold provided in 71 IAC 8.5-1-9. In the event a sample from a horse results in cobalt in excess of the threshold, the horse shall be placed on the veterinarian's list until the concentration of cobalt in serum has fallen below the designated threshold, or until the conclusion of the race meet. However, horses testing at a concentration of one hundred (100) parts per billion shall be placed on the veterinarian's list for a minimum of thirty (30) days. (7) Clenbuterol in excess of the threshold provided in 71 IAC 8.5-1-4.2(5) for a quarter horse. In the event a sample from a quarter horse results in clenbuterol in excess of the threshold, the quarter horse shall be placed on the veterinarian’s list as provided in 71 IAC 8.5-8-1.5. (7) (8) The presence in a horse of any substance at any time listed in subdivision (f)(1), (f)(2), (f)(3), (f)(4), or (f)(5) subdivision (1), (2), (3), (4), or (5) in an eligible as defined in subsections (a) and (b) above is prohibited and is a violation of this rule. (g) The trainer and/or his/her designees shall cooperate with the official veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, or any commission employee by: (1) assisting in the immediate location and identification of the eligible horse selected for out of competition testing; and (2) providing a stall or safe location to collect the samples. The executive director or stewards may summarily suspend, exclude, and/or otherwise penalize any trainer and/or other authorized representative or designee who does not fully cooperate with a commission employee or representative in assisting and identifying an eligible horse or providing a safe stall to collect samples in a timely fashion. If any such person is summarily suspended, excluded, or otherwise penalized, she/he shall be entitled to a hearing in accordance with Indiana law and regulations. A summary suspension, exclusion, or sanctions for failure to cooperate shall not issue, however, if a horseman meets his or her burden to establish the good cause defense set forth under subsection (e). This provision does not apply to an owner or trainer who timely provides written notice under subsection (a) or (b) that a horse sought to be tested is not intended to be raced in Indiana and thereby renders the horse ineligible pursuant to subsection (b). (h) The collection of blood, urine, or hair or urine samples under this rule shall be collected as provided by 71 IAC 8.5-3-1 and shall be divided in three (3) parts to be analyzed as follows: (1) approved primary laboratory for screening; (2) approved primary laboratory for confirmation; and (3) approved laboratory for split sample testing as chosen by the owner or trainer.
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The commission shall approve the laboratories for screening, confirmation, and split sample testing. (i) The collection of hair samples under this rule shall be collected as provided by 71 IAC 8.5-3-1 and shall be analyzed as follows: (1) approved primary laboratory for screening; and (2) approved primary laboratory for confirmation. The commission shall approve the primary laboratories for screening and confirmation. A hair sample shall be ineligible for split sample testing. (i) (j) In the absence of extraordinary mitigating circumstances, a minimum penalty of a ten (10) year suspension will be assessed for any violation of subsection (f)(1) and (f)(2) of this rule. The Association of Racing Commissioners International, Inc. Uniform Classification Guidelines for Foreign Substances and Recommended Penalties and Model Rule will be considered for violations of (f)(3), (f)(4), and (f)(5) of this rule with additional penalties for any drug not FDA approved for use in horses. (Indiana Horse Racing Commission; 71 IAC 8.5-2-5; emergency rule filed Jul 23, 2007, 9: a.m.: 20070808-IR-071070461ERA, eff Jul 18, 2007 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #07-461(E) was filed with the Publisher July 23, 2007.]; errata filed Aug 14, 2007, 1:28 p.m.: 20070829-IR- 071070461ACA; emergency rule filed Mar 12, 2008, 1:53 p.m.: 20080326-IR-071080191ERA, eff Mar 11, 2008 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #08-191(E) was filed with the Publisher March 12, 2008.]; emergency rule filed Mar 19, 2009, 11:07 a.m.: 20090401-IR-071090195ERA, eff Mar 12, 2009 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #09-195(E) was filed with the Publisher March 19, 2009.]; emergency rule filed Mar 3, 2011, 11:50 a.m.: 20110309-IR-071110100ERA; emergency rule filed Sep 10, 2012, 2: p.m.: 20120912-IR-071120525ERA; emergency rule filed May 7, 2014, 2:27 p.m.: 20140514 IR- 071140143ERA, eff May 15, 2014; emergency rule filed Sep 15, 2014, 12:44 p.m.: 20140924-IR- 071140352ERA, eff Jan 1, 2015; emergency rule filed Mar 16, 2015, 3:29 p.m.: 20150325-IR- 071150071ERA)
SECTION 13. 71 IAC 8.5-3-1 IS AMENDED TO READ AS FOLLOWS:
71 IAC 8.5-3-1 Collection procedures Authority: IC 4-31-3- Affected: IC 4-31-
Sec. 1. (a) All collection procedures shall be done in accordance with chain of custody guidelines. (b) Before sending an equine sample to the primary testing laboratory, the official veterinarian or a designated commission employee shall divide the specimen into two (2) parts provided a sufficient amount is collected. (c) The official veterinarian or a designated commission employee shall attempt to collect a minimum of fifty (50) milliliters of urine. A urine specimen shall not be split if less than fifty (50) milliliters is collected from the horse. In such instances, the commission is entitled to submit the entire urine specimen for testing or detain the horse an adequate amount of time until it can be obtained. If an insufficient volume of urine is obtained, the trainer and owner are not entitled to a split sample. (d) The official veterinarian, a licensed veterinarian authorized by the commission, or a veterinary technician under the direct supervision of a commission authorized veterinarian shall
