09.10.02.41

.41 Miscellaneous.

A. A farrier may not be allowed to shoe horses at the race track of any racing association under the jurisdiction of the Commission until the farrier has obtained a license from the Commission. The license shall be applied for and issued annually. The license may be revoked or suspended, for cause, by the Commission. Before issuance of a license, a farrier may be required to satisfy the Commission of his financial responsibility. The farrier shall maintain his financial responsibility so long as he is licensed by the Commission.

B. The cycle of frequency of the totalisator board may not be more than 60 seconds.

C. If any case occurs which is not, or which is alleged not to be, provided for by these rules, it shall be determined by the judges in such manner as they think just and conformable to the usages of the turf, and the judges may impose such punishment and take such other action in the matter as they deem to be within the intent of these rules, including reference to the Commission.

D.—E. Repealed

F. If at any time there is a conflict between the rules of the Maryland Racing Commission and the rules of the United States Trotting Association, the rules of the Commission shall govern.

G. Any situation not covered by the rules of the Commission or the rules of the United States Trotting Association shall be referred to the Commission for disposition.

H. Urine Test.

(1) The use or possession on the grounds of a harness racing association by persons licensed under this chapter of any controlled dangerous substance or prescription drug, as defined in Criminal Law Article, §5-101(f), Annotated Code of Maryland, is prohibited unless the substance was obtained directly or pursuant to a valid prescription or order from a licensed physician while acting in the course of his professional practice. It shall be the responsibility of the licensee to provide proof to the presiding judge that the licensee is using a controlled dangerous substance or prescription drug pursuant to a valid prescription or order from a licensed practitioner.

(2) On any day when harness racing is being conducted on the grounds of a licensed association, a driver scheduled to drive on that day, and any licensed Commission or association employees and other licensees having official duties relating to any of those races, upon a determination by the judges that there exists a reasonable suspicion to believe that the individual has in his system a drug as defined in §H(1) of this regulation, shall be deemed to have consented to a urine or any other non-invasive drug detection test which shall be conducted in a manner prescribed by the Commission. A person whose sample is positive may be subject to disciplinary action, may not be permitted to participate in any racing program until a negative test is shown, and the Commission may require the licensee to undergo a supervisory drug treatment program approved by it.

(3) Any of the licensee group specified in §H(2) of this regulation who, without good cause, refuse to take the drug detection test, may not be permitted to continue their duties on that racing day and shall be subject to disciplinary proceedings as provided in this chapter as if a positive specimen had been rendered.

I. Breathalyzer or Other Test for Alcohol.

(1) On a day when harness racing is being conducted on the grounds of a licensed association, a driver scheduled to drive on that day and any licensed Commission or association employees having official duties relating to any of those races, shall be deemed to have consented to a breathalyzer or any other non-invasive test for alcohol which shall be conducted in a manner prescribed by the Commission. A person whose test shows a reading of more than 0.05 percent alcohol in the blood may be subject to disciplinary action and may not be permitted to continue his duties on that racing day.

(2) Any of the licensee groups in §I(1) of this regulation who refuse to take the alcohol detection test, may not be permitted to continue their duties on that racing day and shall be subject to disciplinary proceedings as provided in this chapter.