Ill. Admin. Code tit. 11, § 508.50 - Licensee Subject to Testing
a) No licensee shall have present in his or
her body, or possess or use on the grounds of any race track, any controlled
substance or any prescription drug unless the substance was obtained directly,
or pursuant to a valid prescription or order, from a licensed physician, while
acting in the course of his or her professional practice.
b) Each licensee at a race track or other
facility under the jurisdiction of the Board may be subject to a drug test at
any time while within the enclosure of any race track or other facility, at the
direction of the Stewards or Executive Director or designee, if there is
individualized suspicion that a licensee is possessing or using any controlled
substance or any drug in violation of any federal or State law. This provision
notwithstanding, specific categories of occupation licenses are subject to
random drug testing pursuant to Section
508.80. Failure to
submit to or complete a drug test at the time, location and manner directed by
Board personnel shall constitute a refusal to be tested. Any licensee who fails
to submit to or complete a drug test shall be immediately suspended for no more
than 30 days and shall not be allowed to participate at any race track under
the jurisdiction of the Board until a negative test result is achieved. A
licensees' refusal to test shall subject the licensee to the penalties in
Section
508.60.
c) Each specimen received from a licensee
shall be divided into two separate parts. One portion designated as the referee
sample, shall be available for testing upon the request of the individual who
provided the specimen. The referee sample may also be tested by the laboratory
with the consent of the individual who provided the specimen. The other portion
of the sample shall be known as the laboratory sample and shall be tested by
the laboratory . The cost of testing the referee portion shall be borne by the
person requesting the additional test.
d) After the specimen has been taken from a
licensee and analyzed by an accredited laboratory approved by the Board, the
laboratory shall make a positive test finding. The Board shall consider both
the initial test level and confirmatory test level for controlled substances or
prescription drugs, pursuant to the Mandatory Guidelines for Federal Workplace
Drug Testing (Substance Abuse and Mental Health Services Administration
available at http://www.workplace.samhsa.gov)
when determining a positive for a controlled substance that is included in the
federal guidelines.
e) A confirmed
positive for an illegal drug, controlled substance or prescription drug result
shall be reported, in writing, to the Stewards. On receiving written notice
from the laboratory that a sample has been found positive for an illegal drug,
controlled substance or prescription drug, the Stewards shall notify the
individual of the test results.
f)
Upon receipt of a notice of positive test finding, the stewards shall conduct
an inquiry at which the individual with notice of a positive test finding shall
have the opportunity to be heard. Further, any individual with notice of a
positive test finding may challenge his or her particular test or test result
by having a portion of the sample tested at the laboratory of his or her
choice. Any individual contesting the tests or test results may request a
hearing before the Board as set forth in 11 Ill. Adm. Code 204.
Notes
Amended at 33 Ill. Reg. 4158, effective March 1, 2009
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