R 285.813.3 Collection of official samples.
Rule 3. (1) Official samples may be obtained by the director or his or her designee from
any horse entered in a race or pulling event. The director or his or her designee may
request the fair association or event organizer to furnish necessary help to obtain official
samples. Failure to provide sufficient help when requested shall result in forfeiture of all
rights to state aid to the fair or event for these contests. The owner, trainer, groom, or
other responsible representative of the owner shall be present when an official sample is
taken from the horse and shall remain until the sample is sealed in his or her presence.
The official sample tag attached to the specimen shall be signed by the owner, trainer,
groom, or other representative as witness of the taking of the specimen. Refusal or failure
to sign the sample tag shall not affect the validity of the specimen.
(2) Willful failure to be present at or refusal to allow the taking of a specimen, or any
act or threat to impede, prevent, or otherwise interfere with the taking of the official
sample, is a violation of this rule. The official sample shall be analyzed in the laboratories
of the Michigan department of agriculture or a laboratory designated by the director.
(3) The director or director's designee may require a preliminary breath test (PBT) from
any driver, jockey, teamster, or starting gate operator for the races and pulling events
described in these rules. If the results of the PBT show a reading of 0.05% of alcohol or
above, then the driver, jockey, teamster, or starting gate operator shall not participate in
that day's races or pulling events.
(4) Each fair or event shall comply with and assist in the enforcement of these rules and
provide proper facilities and lighting as may be required by the department to perform the
requirements of this rule.
History: 1979 AC; 2006 AACS; 2016 AACS.
R 285.813.4 Stimulants and Depressants.
Rule 4. Electrical, mechanical, or other devices shall not be used for stimulating or
depressing a horse or affecting its speed or ability in a horse race or pulling event, nor
shall a person have such a device in his or her possession.
History: 1979 AC; 2006 AACS; 2016 AACS.
R 285.813.5 Hearings.
Rule 5. (1) If a provision of these rules or any other rules or state law related to a horse
race or pulling event is violated, then the director shall notify the horse's owner of the
violation and shall hold a hearing within 14 days from the date that the violation is
reported to the director or shall refer the matter to the Michigan administrative hearing
system.
(2) For hearings conducted by the director, from testimony taken, the director shall
render a decision on the penalty imposed and/or the eligibility of the owner, his or her
representative, and the horse, or any of them, to participate in any future state, county,
district, or community fair horse race or pulling event.
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