Section R19-2-112. Prohibited Acts

In addition to other prohibitions described in A.R.S. Title 5, Chap- ter 1 and this Chapter:

1.        A licensee shall not enter, or cause or permit to be entered, or start a horse that the licensee knows or has reason to believe should be disqualified or may be ineligi- ble to race.

2.        A veterinarian or plater, licensed to practice on a track under the jurisdiction of the Department, shall not own, lease, or train a horse racing at the track on which the vet- erinarian or plater practices.

3.        A licensee shall not enter a stall, shed row, tack room, or feed shed assigned to another licensee without prior approval from the licensee to whom the area is assigned. The Department shall discipline a licensee determined to have violated this subsection, including voiding the trans- fer of a horse to which the licensee has made a successful claim.

4.        A licensee shall not subject or permit an animal under the licensee’s control, custody, or supervision to be subjected to any form of cruelty, mistreatment, neglect, or abuse and shall not abandon, injure, maim, kill, administer a noxious substance to, or deprive the animal of necessary care, sustenance, or shelter.

5.        A licensee shall not participate in an unauthorized race on a track while a race meet is in progress on the track.

6.        A licensee shall not offer or receive money or other con- sideration for declaring an entry out of a purse or stakes race.

7.        A licensee shall not possess, within the grounds of a per- mittee, an electrical, mechanical, or other device, except a whip, which may be used to affect the speed or racing condition of a horse. Possession includes, but is not lim- ited to, having the device:

a.         On the licensee’s person;

b.        In living or sleeping quarters;

c.         In an assigned stall, tack room, or other area; and

d.        In a motor vehicle or trailer.

8.        A person holding a license listed in A.R.S. § 5-104(C) shall not apply, inject, inhale, ingest, be under the influ- ence of, possess, or use a narcotic, dangerous drug, or controlled or prohibited substance regulated under A.R.S. Title 13, Chapter 34 while on permittee grounds unless, on the request of a steward, the licensee can produce evi- dence that the licensee has a lawfully issued prescription for possession or use of the narcotic, dangerous drug, or controlled or prohibited substance.

9.        A jockey, apprentice jockey, exercise rider, or pony rider shall not consume any quantity of an alcoholic beverage on a race day before completing riding commitments for the day.

10.     A licensee or employee of a permittee shall not accept, either directly or indirectly, a bribe, gift, or gratuity in any form that is intended to or might influence the results of a race or the conduct of a race meet.

11.     A licensee, while on the premises of a permittee, shall not create a disturbance, be intoxicated, interfere with a rac- ing operation, or act in an abusive or threatening manner to a racing official or other person.

12.     A licensee shall not engage in conduct that is prohibited by the Department or detrimental to the best interests of horse racing including, but not limit to, soliciting, aiding, or abetting another person to participate in conduct pro- hibited by the Department or detrimental to the best inter- ests of horse racing.

13.     A licensee shall immediately submit to blood, urine, breath, or other tests ordered by the stewards if the stew- ards have reason to believe the licensee is under the influ- ence of or in possession of a prohibited substance or has consumed alcohol in violation of subsection (8), (10) or (11).

a.         A licensee ordered by a steward to submit to a test under this subsection shall provide a sample in the presence of the steward or the steward’s designee and submit the sample to the steward or the stew- ard’s designee in a container furnished by the Department;

b.        The steward or steward’s designee shall immediately seal the sample container in the presence of the licensee being tested;

c.         The steward or steward’s designee shall mark the sample container with the following items: sample identification number; time, date, and location at which the sample was given; and signature of Department personnel sealing the container;

d.        The steward or steward’s designee shall submit the sample to the official laboratory for analysis;

e.         If analysis of the sample provided under this subsec- tion indicates the presence of a prohibited substance or alcohol, the licensee who provided the sample shall be subject to disciplinary action authorized under A.R.S. § 5-108.05(A);

f.         The Department shall ensure that results and infor- mation obtained as a result of analysis of the sample provided under this subsection are accessible only to members of the Commission, the Director or desig- nees, and the tested licensee until any disciplinary action or administrative proceeding is complete; and

g.        Compliance with this subsection by the steward or steward’s designee constitutes prima facie evidence that the chain of custody of the test sample is secure. The presiding officer or administrative law judge in an administrative proceeding of the Department or Commission shall admit the results of the tests as evidence.

14.     A licensee shall promptly pay any financial obligation incurred in connection with racing in this state. If failure or refusal to pay a financial obligation incurred in con- nection with racing in this state results in the financial obligation being reduced to a judgment against a licensee, the Department shall take disciplinary action against the licensee as authorized under A.R.S. § 5-108.05.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4).

Amended paragraphs (10) and (11) effective June 6, 1986

(Supp. 86-3). Amended paragraphs (10) and (11) effec-

tive August 3, 1987 (Supp. 87-3). Amended effective

November 30, 1988 (Supp. 88-4). Amended effective

March 20, 1990 (Supp. 90-1). R19-2-112 recodified from R4-27-112 (Supp. 95-1). Amended effective January 12, 1996 (Supp. 96-1). Amended by final rulemaking at 19

A.A.R. 3412, effective November 30, 2013 (Supp. 13-4).