1. (a) The owner, the trainer, or a representative of the owner or trainer must be present in the quarantine area when a biological sample is taken from a horse, and must remain until the specimen is sealed. The official tag attached to a biological sample shall be signed by the owner, the trainer, or the owner's or trainer's representative as witness to the taking of the biological sample. The judges shall immediately suspend a person who:

   1. (1) willfully fails to be present at the taking of a biological sample;
   2. (2) refuses to allow the taking of a biological sample; or

   3. (3) otherwise interferes with the taking of a biological sample;

      and the matter shall be referred to the commission for any further penalty that the commission considers appropriate.

2. (b) An owner or trainer who is not present either in person or by representative when a biological sample is taken from a horse may not claim that the biological sample tested was not the biological sample taken from the horse.

As added by P.L.341-1989(ss), SEC.2. Amended by P.L.168-2019, SEC.17.