Section 71IAC8.5-11-2. Licensee subject to testing; positive sample results

   A permit holder shall provide an alcohol breath testing device that is approved by the commission and operated by a person certified to use such a device. All jockeys, stewards, starters, assistant starters, valets, pony riders, outriders, the paddock judge, horse identifier, clerk of scales, jockey room custodian, photo finish technician, placing judges, test barn veterinarian, and racing veterinarians shall submit to a breath test prior to beginning their duties at each program in which they participate. Any licensee on the track surface during training hours is subject to testing at the discretion of the stewards. In addition, the stewards, the commission director of security, or the track chief of security may order a licensee to submit to a breath test at any time there is reason to believe the licensee may have consumed sufficient alcohol to cause the licensee to fail a breath test. A positive test result as defined by section 1(b) of this rule shall be prima facie evidence that there has been a violation of section 1 of this rule. In the event of such positive test, it is presumed that:

(1) the breath sample tested is taken from the person and its integrity has been preserved;

(2) all accompanying procedures of collection and analysis of this sample are correct and accurate; and

(3) the report issued by the commission pertains to the sample taken from the person in question correctly reflects the condition of the person at the time of the sample was given.

With respect to the presumptions set forth in this section, the burden is on the person against whom the test is offered to prove otherwise at any hearing in regard to the matter, which is conducted by the stewards or by the commission. (Indiana Horse Racing Commission; 71 IAC 8.5-11-2; emergency rule filed Jun 15, 1995, 5:00 p.m.: 18 IR 2888, eff Jul 1, 1995; emergency rule filed Jun 22, 2000, 3:05 p.m.: 23 IR 2785; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; emergency rule filed Jul 28, 2006, 11:17 a.m.: 20060809-IR-071060278ERA, eff Aug 1, 2006; errata filed Aug 11, 2006, 11:15 a.m.; 20060830-IR-071060278ACA; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; emergency rule filed Jan 25, 2012, 12:20 p.m.: 20120201-IR-071120056ERA)