§ 203.5. Breath analyzer requirements.
(a) To promote the health, safety and welfare of all racing participants and the integrity of racing in which they are participating, the following individuals shall be required to submit to a breath analyzer test at each racing program:
(1) Drivers, Judges, Starters, starting gate drivers and other racing officials designated by the Presiding Judge;
(2) Trainers and grooms randomly selected and designated by the Presiding Judge or other Commission official;
(3) Commission employees whose duties relate to the integrity of racing, including but not limited to the Judges, mangers, investigators, livestock workers, Commission Veterinarians and any other Commission employee as required by the Commission.
(b) Participants must have a breath analyzer reading below .035%. Participants demonstrating a level above .035% shall be not permitted to participate in the racing program that day.
(c) Failing the breath analyzer test shall subject the licensee to the following penalties:
(1) First offense—$500 dollar fine and 5-day suspension;
(2) Second offense—$750 dollar fine and 10-day suspension;
(3) Third offense—refer to Bureau Director.
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