SECTION 325:45-1-4. Substance violations

(a)   Except as authorized or restricted by the provisions of this Chapter and Chapter 40 of the rules of the Commission, no substance shall be given by parenteral administration to any horse within 24 hours prior to the scheduled post time for the first race on the day the horse is entered to race.

(b)   The primary laboratory's detection of a prohibited substance in a biological sample collected from any horse during out-of-competition testing, pre-race testing, or post-race testing by the Official Veterinarian or designee shall constitute prima facie evidence that a substance violation occurred and may, at the discretion of the Stewards or Commission, result in summary suspension of the responsible trainer, disqualification of the horse, placement of the horse on the veterinarian's list, placement of the horse on the Stewards' list, and other penalties authorized by the Act and the rules of the Commission.

(c)   The primary laboratory's detection of a permitted substance exceeding listed thresholds in a biological sample collected from any horse during post-race testing by the Official Veterinarian or designee shall constitute prima facie evidence that a substance violation occurred and may, at the discretion of the Stewards or Commission, result in summary suspension of the responsible trainer, disqualification of the horse, placement of the horse on the veterinarian's list, placement of the horse on the Stewards' list, and other penalties authorized by the Act and the rules of the Commission.

(d)   The primary laboratory's detection of a naturally occurring substance exceeding listed thresholds or exceeding concentrations that the substance may naturally occur in a biological sample collected from any horse during post-race testing by the Official Veterinarian or designee shall constitute prima facie evidence that a substance violation occurred and may, at the discretion of the Stewards or Commission, result in summary suspension of the responsible trainer, disqualification of the horse, placement of the horse on the veterinarian's list, placement of the horse on the Stewards' list, and other penalties authorized by the Act and the rules of the Commission.

(e)   It shall be presumed that biological samples tested by a laboratory approved by the Commission are collected from the horse in question; that the integrity of the biological sample is preserved; that all accompanying procedures of collection, preservation, transfer to the laboratory, and analyses of the sample are correct and accurate; and that the report received from the laboratory pertains to the sample collected from the horse in question and correctly reflects the condition of the horse on the day the biological sample was collected.

(f)   Except as otherwise provided by Commission rules, the owner or owners of a horse disqualified for a substance violation shall not participate in any portion of the purse or stakes and any trophy or other awards shall be returned to the Stewards for redistribution to other race participants.

(g)   The trainer or owner contesting prima facie evidence of a substance violation shall have the burden of proof to establish that no substance violation occurred or that other evidence mitigates the severity of punishment.

[Source: Amended at 10 Ok Reg 4731, eff 9-28-93 (emergency); Amended at 11 Ok Reg 3195, eff 6-27-94; Amended at 13 Ok Reg 2159, eff 6-14-96; Amended at 20 Ok Reg 1231, eff 5-27-03; Amended at 23 Ok Reg 2071, eff 5-9-06 (emergency); Amended at 23 Ok Reg 2594, eff 6-25-06; Amended at 35 Ok Reg 347, eff 12-18-17 (emergency); Amended at 35 Ok Reg 1535, eff 9-14-18; Amended at 36 Ok Reg 1505, eff 8-14-19 (emergency); Amended at 37 Ok Reg 1684, eff 9-14-20]