Mich. Admin. Code R. 339.269 - Drug testing
Rule 269.
(1) The
department, the department representative, or the ringside physician may
request that a contestant take a test or submit to an examination designed to
measure the presence of alcohol or drugs before or immediately following a
contest. The collection of specimens must take place at the venue or a facility
acceptable to the department. The promoter is responsible for the cost of
testing contestants, which testing must be completed at a laboratory facility
acceptable to the department. The department representative responsible for
collection of specimens shall be the only person informed of the requested test
prior to the contestant.
(2) The
department, the department representative, or the ringside physician may
request that an approved official take a test or submit to an examination
designed to measure the presence of alcohol or drugs before or immediately
following a contest. The collection of specimens shall take place at the venue
or a facility acceptable to the department. An approved official is responsible
for the cost of his or her examination which must be completed at a laboratory
facility acceptable to the department.
(3) If such a test or examination results in
a finding of the presence of a drug or alcohol, or if the contestant or
official refuses to submit to a test, or refuses or is unable to provide a
sample of body fluids for a test, then a complaint must be filed under the
procedures of chapter 4 of the act, MCL 338.3640 to 338.3649a. If a
determination is made that the contestant or official is subject to
disciplinary action, then the commission shall impose, at a minimum, the
following penalties under chapter 4 of the act, MCL 338.3640 to 338.3649a:
(a) For a first violation, suspension for 90
days.
(b) For a second violation, a
1-year suspension.
(c) For a third
violation, revocation of licensure.
(4) At the completion of a suspension ordered
by the commission under subrule (3) (a) and (b) of this rule based on a finding
of the presence of drugs, a contestant or official may be required to submit to
a test for the presence of drugs. The results of the test must be negative for
all drugs tested before a contestant is allowed to compete again or an official
is approved to officiate again.
(5)
A contestant who is disciplined under this rule and who was the winner of a
contest, or the contest was a draw, shall be disqualified and the decision of
the contest shall be changed to "no decision."
(6) The results of a contest shall remain
unchanged if a contestant who is disciplined under this rule was the loser of
the contest.
(7) Contestants who are
prohibited, restrained, disqualified, or are otherwise ineligible to compete in
other jurisdictions due to disciplinary action that involves the use of drugs
shall not compete in this state until such time as the period of prohibition,
restraint, disqualification, or ineligibility is completed or removed. However,
a contestant with a previous suspension in any jurisdiction may be required to
take and pass a drug test before being allowed to compete in this
state.
Notes
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