- (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.
(Authorized by and implementing K.S.A. 1995 Supp. 74-8804 and K.S.A. 74-8816; effective, T-112-8-13-92, Aug. 13, 1992; effective, T-112-12-10-92, Dec. 10, 1992; effective Feb. 15, 1993; amended Aug. 9, 1996.)