Kan. Admin. Regs. § 112-11-13a - Human controlled substance and alcohol testing; procedure; prohibited levels; penalties; confidentiality
(a) If directed by
a steward, racing judge, the executive director, or a commission employee with
law enforcement powers under K.S.A. 1995 Supp.
74-8807, and upon reasonable
suspicion of intoxication or impairment while actively engaged in employment,
an occupation licensee shall submit to a breath or a urine test, or both. No
occupation licensee shall have a blood alcohol content of .05 percent or more.
No occupation licensee's urine test shall indicate the presence of any
controlled substance as defined by K.S.A. 1995 Supp.
65-4101.
(b) The stewards or racing judges shall
suspend a licensee whose breath test indicates a blood alcohol content of .05
percent or more in accordance with the provisions of
K.S.A. 74-8816(h).
(c) The stewards or racing judges shall
suspend a licensee whose urine test indicates the presence of a controlled
substance in accordance with the provisions of
K.S.A. 74-8816(h).
(d) The stewards or racing judges shall
suspend a licensee who refuses to submit to a breath or urine test, or both, in
accordance with the provisions of
K.S.A. 74-8816(h).
(e) Suspensions authorized by this regulation
shall not be subject to the stay provisions of K.A.R. 112-16-11.
(f) Information elicited in the process of
breath or urine testing shall be treated as confidential, except as necessary
for any administrative or judicial proceeding.
Notes
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