PURPOSE: This rule prohibits certain types of conduct by Class C licensees.

1. (1) The commission may suspend or revoke a license or impose a fine on the following grounds:

   1. (A) Offering, promising, giving, accepting or soliciting a bribe in any form to or by any person having any connection with the outcome of a race or failure to report knowledge of a bribe immediately to the stewards;
   2. (B) Entering a horse ineligible or unqualified for the race entered;
   3. (C) Participating in any improper, corrupt or fraudulent act or practice in relation to racing or failure to report this act to the stewards immediately;
   4. (D) Causing or participating in any prearrangement or in any attempt to cause the pre-arrangement of a race result or failure to report knowledge of same to the stewards immediately;
   5. (E) Committing or participating in the commission of a criminal act while on the grounds of any racing association under the jurisdiction of the commission;
   6. (F) Using profane, abusive or insulting language to racing officials;
   7. (G) Failing to cooperate with association or commission security;
   8. (H) Fighting or disorderly conduct;
   9. (I) Being cruel to animals;

   10. (J) Using or possessing on the grounds of any association under the jurisdiction of the commission of—

       1. 1. Controlled substances as defined in

chapter 195, RSMo (1986), unless the substance was obtained directly or pursuant to a valid prescription from a licensed physician. It shall be the responsibility of the licensee to provide proof to the stewards that the use or possession is pursuant to a valid prescription.

1. A. On any day racing is conducted on

the grounds of a licensed association, any licensee shall be deemed to have consented to a urine and/or breathalyzer test or other noninvasive drug and/or alcohol detection test which shall be conducted in a manner prescribed by the commission.

1. B. Any Class C licensee who refuses

to take the drug detection or breathalyzer test may not be permitted to continue his/her duties on that racing day and shall be subject to disciplinary proceedings as provided in the commission’s rules.

1. C. A licensee whose sample is posi-

tive may be subject to disciplinary action, may not be permitted to participate in any racing program until a negative test is shown or may be required to undergo a supervisory drug treatment program approved by the commission or all of these. A licensee whose test shows a reading more than .05 percent alcohol in the blood may be subject to disciplinary actions and may not be permitted to continue his/her duties on that racing day.

1. D. The presence of cannabinoid meta-

bolites of the drug tetrahydrocannabinol shall be considered a positive test;

1. 2. Hypodermic syringes, hypodermic

needles or other devices which could be used for injection;

1. 3. Drug paraphernalia or devices for

illegal use of controlled substances as defined in chapter 195, RSMo (1986);

1. 4. Battery, buzzer, electrical device or

other appliances, other than an ordinary whip which would be used to alter the speed or performance of a horse in a race or workout; and

1. 5. Firearms;
2. (K) Smoking in areas designated as nonsmoking areas;
3. (L) Employing unlicensed persons;
4. (M) Driving or riding a horse while on the grounds of an association without a properly fastened protective riding/driving helmet of a type satisfactory to the commission. For purposes of this rule satisfactory shall be deemed to require any helmet used, be manufactured in compliance with the 1984 Snell Harness Racing Standard or in compliance with any other safety standard as approved by the commission;
5. (N) Betting on any race by any official; and
6. (O) Engaging in any conduct deemed by the commission to be detrimental to the best interest of horse racing.

AUTHORITY: section 313.640, RSMo 1986.* Original rule filed Oct. 3, 1986, effective Jan. 12, 1987.

*Original authority: 313.640, RSMo 1986, amended 1987.