Kan. Admin. Regs. § 112-10-36a - Split samples
(a) The animal
health officer or assistant animal health officer shall determine, based upon
the written standards of the official test laboratory, in their sole discretion
whether there is sufficient quantity of each test sample to divide it into two
portions for testing.
(b) If a
test sample is divided into two portions for testing, no provision of these
racing regulations shall prevent the commission or the executive director from
ordering both test sample portions to be delivered to the official test
laboratory for initial testing.
(c) When the quantity of the test sample
permits the splitting of the sample, each first portion shall be submitted by
the commission to the official test laboratory for initial testing for
prohibited substances.
(d) When
the quantity of the test sample permits and when the trainer or owner files a
written request with the racing judges for the testing of a split sample, the
commission shall submit the second portion of the test sample to a test
laboratory approved by the commission. Each written request for the testing of
a split sample shall be filed in the commission office at the racetrack
facility within 48 hours after the trainer or owner receives notice of a
positive report on a test sample taken from the greyhound.
(e) Each person who requests testing of the
second portion of a sample shall pay all costs for the transportation and
testing of the sample.
(f) The
freezing, storage and safeguarding of each portion of a test sample shall
remain the responsibility of the animal health officer and the assistant animal
health officer.
(g) The test
results on the second portion of a sample shall not prevent disqualification of
the greyhound. The results of the first test are prima facie evidence that the
greyhound competed with the drug or medication in its system.
(h) No provision of these racing regulations
shall create vested procedural rights that may be relied upon by any licensee
for the purpose of excluding testing evidence that is competent and probative.
Notes
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