Section R19-2-311. 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 greyhound that the licensee knows or has reason to believe should be disqualified or may be ineligible for to race.

2.        A veterinarian licensed to practice on a track under the jurisdiction of the Department shall not own, lease, or train a greyhound racing at the track on which the veteri- narian practices.

3.        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.

4.        A person shall not participate in any unauthorized race on a track while a race meet is in progress on the track.

5.        A person shall not offer or receive any money or other consideration for declaring any entry out of a purse or stakes race.

6.        A person shall not possess, within the grounds of a per- mittee, an electrical, mechanical, or other device, other than ordinary equipment, that may be used to affect the speed or racing condition of a greyhound. Possession includes, but is not limited to, having the device or equip- ment:

a.         On the person;

b.        In living or sleeping quarters;

c.         In an assigned kennel, feed room, or other area; and

d.        In a motor vehicle or trailer.

7.        A person other than a physician or veterinarian licensed by the Department shall not possess, within the grounds of a permittee, a foreign or prohibited substance, inject- able vial, hypodermic needle, syringe, or any other instru- ment   that  may  be  used  for  injection,   without  written

permission of the stewards. Possession includes, but is not limited to, having the substance or instrument:

a.         On the person;

b.        In living or sleeping quarters;

c.         In an assigned kennel, feed 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 shall not apply, inject, inhale, ingest, be under the influence 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 evidence that the licensee has a lawfully issued prescription for possession or use of the narcotic, dangerous drug, or con- trolled or prohibited substance.

9.        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 any race or the conduct of a race meet.

10.     A licensee shall not engage in conduct prohibited by the Department and shall not engage in conduct that is detri- mental to the best interests of greyhound racing includ- ing, but not limited to, soliciting, aiding, or abetting another person to participate in conduct prohibited by the Department or detrimental to the best interests of grey- hound racing.

11.     A licensee, while on the grounds 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.     Only a veterinarian licensed by the Department shall administer to or prescribe for a greyhound on the grounds of a permittee.

a.         A veterinarian who prescribes or administers a drug or treatment to a greyhound at a track shall report the drug or treatment prescribed or administered to the Department in the manner required by the Depart- ment.

b.        Notwithstanding the provisions of this Section, any veterinarian may treat a greyhound if an emergency involving a threat to the life or health of the grey- hound exists.

13.     Notwithstanding the provisions of subsection (18)(a), a person shall not administer or cause to be administered, internally or externally, a foreign substance to a grey- hound entered in a race for at least 24 hours before the scheduled post time for the first race of the day on which the greyhound is to run.

14.     The Racing Commission has established permissible lev- els of the following foreign substances, as defined by R19-2-302(17), for the urine of a greyhound:

a.         Procaine: six micrograms per milliliter, and

b.        Barbiturates: one microgram per milliliter.

15.     A person shall not race a greyhound that is desensitized by the application of cold, chemical, or mechanical freez- ing devices at the time of arrival at the paddock.

16.     The stewards shall discipline a licensee, as provided under A.R.S. Title 5, Chapter 1 and this Chapter, who is found guilty of using live rabbits, cats, or fowl in the training of racing greyhounds and report all incidents of this nature to the Department.

17.     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.

18.     Test samples.

a.         Animal testing.

i.         A greyhound in any race may be subjected, by order of a steward or the state veterinarian, to urine, blood, or other tests to  determine whether a foreign substance is present.

ii.        An individual approved by the Department shall take required samples of urine, blood, or other test substances.

iii.      A steward may authorize the splitting of any sample.

iv.       The state veterinarian may require blood or urine samples to be stored in a frozen state for future analysis.

v.        The owner, trainer, or a representative of the owner or trainer shall be present while samples are taken and prepared for testing.

vi.       The owner, trainer, or a representative of the owner or trainer shall sign documents evidenc- ing the procedure described in this subsection was followed.

b.        Human testing.

i.         As set forth in A.R.S. § 5-104(C) and this Sec- tion, a licensee shall immediately  submit to blood, urine, breathe, or other tests ordered by the stewards if the stewards have reason to believe the licensee is under the influence of or in possession of a prohibited substance or has consumed alcohol in violation of subsection (11).

ii.        The stewards shall ensure that a test sample is taken in the presence of a steward or the stew- ard’s designee, placed in a container furnished by the Department, and immediately sealed by the steward or steward’s designee in the pres- ence of the licensee being tested.

iii.      The stewards shall ensure that a container in which a sample is placed is marked with the following items:

(1)     Sample identification number;

(2)     Time, date, and location where the sample was given; and

(3)     Signature of Department personnel sealing the container.

iv.       The stewards shall ensure that a container in which a sample is placed is submitted to the official laboratory for analysis to determine the presence of alcohol or a prohibited substance.

v.        The Department shall discipline a licensee, as authorized    under    R19-2-309(E)(3)(f)    and

A.R.S. § 5-108.05(A), if laboratory analysis of the licensee’s sample shows the presence of a prohibited substance and the licensee does not have a lawfully issued prescription for the sub- stance.

vi.       The Department shall ensure that results and information obtained as a result of analysis of a sample provided under this subsection are accessible only to members of the Commission, the Director or designees, and the tested licensee until any disciplinary action or admin- istrative proceeding is complete.

vii.     Compliance with this Chapter by the stewards or stewards’ designee constitutes prima facie evidence that the chain of custody of the test samples is secure. The presiding officer or administrative law judge in an administrative proceeding of the Department or Commission shall admit the results as evidence.

19.     A trainer, assistant trainer, and other person charged with the custody and care of a greyhound shall protect and guard the greyhound against the administration, either internally or externally, of a foreign substance, except as provided in subsection (12). A test indicating the pres- ence of a foreign substance in the blood or urine of a greyhound in the custody and care of a trainer, assistant trainer, or other person shall give rise to a presumption that the trainer, assistant trainer, or other person failed to fulfill the duties specified.

20.     A person shall not interfere with the collection or proce- dures conducted under this subsection.

21.     The owner of a greyhound disqualified in a race because of an infraction of this Chapter shall forfeit and return any portion of the purse or stakes and any trophy received from the race and forfeit any entry or subscription money.

a.         The racing secretary shall redistribute among remaining entries in the race all winnings that are forfeited under this subsection by the owner of a dis- qualified greyhound.

b.        If laboratory analysis performed under subsection (18)(a) indicates the presence of a foreign substance in the blood or urine of a greyhound, the greyhound shall be disqualified and may be declared unplaced for every purpose except pari-mutuel wagering.

Historical Note

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

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

Amended effective March 20, 1990 (Supp. 90-1). R19-2- 311 recodified from R4-27-311 (Supp. 95-1). Citations corrected in subsections 12 and 17 at the request of the Arizona Department of Racing (Supp. 96-4). Amended by final rulemaking at 19 A.A.R. 3412, effective Novem- ber 30, 2013 (Supp. 13-4).