Chapter Game 14

Game 14.11(8) (8) The associations shall reimburse the division for all pre-race and post-race testing costs incurred that are not allocated through the division’s spending authority for this purpose.

Game 14.11 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (8), Register, March, 1993, No. 447, eff. 7-1-93; emerg. am. (1), eff. 8-25-95; am. (1), Register, January, 1996, No. 481, eff. 2-1-96; CR 03-070: am. (5) Register November 2003 No. 575, eff. 12-1-03.

Game 14.12 Game 14.12 Referee samples.

Game 14.12(1) (1) A referee sample shall be provided when sufficient volume is available for additional confirmation testing and retention of a portion of the sample as required by sub. (3) at the request of the owner, trainer or other person charged with a violation of these rules. The referee sample may not be tested by the division laboratory.

Game 14.12(2) (2) If the owner, trainer or other person charged with a violation of these rules desires to send the referee sample to another laboratory for testing, the division shall bear the cost of preparing the samples for shipment, but the cost of such shipment and of such testing at another laboratory shall be borne by the person requesting the additional tests.

Game 14.12(3) (3) Whenever a referee sample is provided, a portion of that test sample shall be preserved by the division laboratory in case further testing is requested. If the division laboratory determines there is insufficient sample to conduct the requested confirmation testing and retain a portion by the division laboratory for additional testing, a referee sample shall not be provided.

Game 14.12(4) (4) The laboratory conducting the testing of the referee sample shall provide the results of the testing to the division.

Game 14.12(5) (5) For a laboratory to be eligible to conduct testing of a referee sample, one member of the laboratory personnel shall be a registered member of the Association of Official Racing Chemists.

Game 14.12 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (1) and (3), cr. (4) and (5) Register November 2003 No. 575, eff. 12-1-03.

Game 14.13 Game 14.13 Laboratory reports and findings. If the laboratory determines that a foreign substance, medication, or any metabolite thereof, is a constituent in a test sample, the laboratory shall report such determination to the administrator.

Game 14.13 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Game 14.14 Game 14.14 Distribution of purses. The fact that purse money has been distributed prior to the issuance of a laboratory report shall not be deemed a finding that no foreign substance or medication has been administered, and such purse money remains subject to the provisions of this section after it is paid.

Game 14.14 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Game 14.15 Game 14.15 Finality of purse distribution.

Game 14.15(1) (1) Upon receipt of a laboratory report for a positive finding from the laboratory, the stewards shall immediately direct that no purse money shall be awarded to the animal in question pending a final determination by the stewards or the division. The stewards shall notify the owner, trainer, and any other person having care, custody or control of the animal. If the purse money has been distributed, the stewards shall order it returned pending final determination. The stewards shall proceed to conduct an inquiry or the division shall conduct an inquiry or hearing.

Game 14.15(2) (2) If the report of a laboratory is not contested or if the stewards or the division determine that the laboratory report is accurate, all purse money won by the animal in the race in question shall be forfeited and redistributed among the remaining animals according to their order of finish. No such forfeiture and redistribution shall affect the distribution of pari-mutuel pools.

Game 14.15(3) (3) If no report has been issued by the laboratory to the stewards or the division within 60 days after the date of a race, the owner of the animal shall become legally entitled to the money in the purse and it shall be conclusively presumed that the conditions precedent to such entitlement have been met. However, laboratory reports issued more than 60 days after the date of a race may be considered as evidence of a violation of division rules.

Game 14.15(4) (4) Failure by the kennel owner or owner of an animal to return previously distributed purse monies as ordered by the stewards or division shall result in a suspension of the kennel or greyhound owner’s license until such monies are returned.

Game 14.15 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (1), cr. (4) Register November 2003 No. 575, eff. 12-1-03.

Game 14.16 Game 14.16 Retention of samples. If a laboratory report has been issued, whatever remains of that particular test sample shall be retained until all legal proceedings have been concluded, and all test results shall be retained for a period of one year. All samples shall be retained by the laboratory until the division approves their disposal.

Game 14.16 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Game 14.17 Game 14.17 Trainer responsibility.

Game 14.17(1) (1) Every trainer has the duty to guard or cause to be guarded each animal trained by the trainer in such a manner as to prevent any person, including the animal’s veterinarian, from administering to such animal any foreign substance or medication in violation of these rules.

Game 14.17(2) (2) Every trainer has the duty to be familiar with the medication rules of the division and reasonably familiar with the foreign substances and medications the trainer administers or directs the trainer’s employees to administer, and which are administered by such trainer’s veterinarian.

Game 14.17 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Game 14.18 Game 14.18 Prima facie evidence.

Game 14.18(1) (1) A determination by the laboratory pursuant to these rules shall constitute prima facie evidence that the trainer has violated, or has failed to fulfill the duties specified in, s. Game 14.17.

Game 14.18(2) (2) As used in this rule, “prima facie evidence” means that the division has met its burden of proof without more and the trainer has the burden of going forward with evidence.

Game 14.18 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. (1) Register, July, 1990, No. 415, eff. 8-1-90; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Game 14.19 Game 14.19 Penalties.

Game 14.19(1) (1) When imposing penalties for a violation of s. Game 14.03, 14.04, or 14.05 the stewards and the division shall consider but not be limited to the following factors:

Game 14.19(1)(a) (a) The nature of the effect foreign substance; e.g., cough medicine, steroid, narcotic, stimulant, depressant, etc.;

Game 14.19(1)(b) (b) The accessibility of the drug; e.g., can be purchased over the counter, only with a prescription, only with a license for controlled substances, cannot be purchased in this country;

Game 14.19(1)(c) (c) The age and experience of the violator;

Game 14.19(1)(d) (d) Whether the violator has ever been the subject of a medication ruling in this or any other racing jurisdiction;

Game 14.19(1)(e) (e) What action, if any, was taken to avoid such violation;

Game 14.19(1)(f) (f) The average handle at the race meeting where the violation occurred and the purse of the race.

Game 14.19(2) (2) When imposing penalties for a violation of s. Game 14.16 the stewards and the division shall consider but not be limited to the following matters:

Game 14.19(2)(a) (a) What action, if any, was taken by the trainer to guard the animal during the 24 hours prior to the race;

Game 14.19(2)(b) (b) What action, if any, was taken by the trainer to guard the animal during the period between entry and the race;

Game 14.19(2)(c) (c) The nature of the effect of foreign substance; e.g., cough medicine, steroid, narcotic, stimulant, depressant, etc.;

Game 14.19(2)(d) (d) The accessibility of the drug; e.g., can be purchased over the counter, only with a prescription, only with a license for controlled substances, cannot be purchased in this country, etc.;

Game 14.19(2)(e) (e) The age and experience of the trainer;

Game 14.19(2)(f) (f) Whether the trainer has been the subject of a medication ruling in this or any other racing jurisdictions;

Game 14.19(2)(g) (g) The average handle at the race meeting where the violation occurred and the purse of the race.

Game 14.19(3) (3) The steward shall not be required to specifically articulate any of the foregoing in their ruling nor shall ignorance of the rules be deemed a mitigating factor.

Game 14.19 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction in (1) (intro.) and (2) (intro.), made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Game 14.20 Game 14.20 Veterinary requirements.

Game 14.20(1) (1) All veterinarians licensed by the division shall maintain records which accurately reflect all purchases of medication by a licensee, name of each animal treated, date of the treatment, method of administration, prescription of medication and name of the trainer. All veterinarians shall also retain duplicate copies of their bills or statements to trainers or owners. Veterinarian’s records shall include the following:

Game 14.20(1)(a) (a) The name of the greyhound.

Game 14.20(1)(b) (b) Tattoo number.

Game 14.20(1)(c) (c) Kennel.

Game 14.20(1)(d) (d) The nature of the greyhound’s ailment.

Game 14.20(1)(e) (e) The type of treatment prescribed and performed.

Game 14.20(1)(f) (f) The date and time of treatment.

Game 14.20(2) (2) Said records shall be retained for at least 3 years and shall be made available for inspection upon request of the division or its representative.

Game 14.20(3) (3) Veterinarians engaged in private practice on tracks under the jurisdiction of the division shall be licensed to practice in the state of Wisconsin.

Game 14.20(4) (4) A veterinarian practicing medicine at a track licensed by the division shall use disposable needles and syringes and keep the needles and syringes in their possession until the needles and syringes can be properly disposed of off the grounds of the racetrack.

Game 14.20 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (4) Register November 2003 No. 575, eff. 12-1-03.

Game 14.21 Game 14.21 Postmortems.

Game 14.21(1) (1) The kennel owner or trainer shall immediately inform the division veterinarian of any animal in the kennel owner or trainer’s care that expires or is euthanatized. Every animal which suffers a breakdown on the race track in training or in competition and is destroyed and every other animal which expires while on the grounds of a race track under the jurisdiction of the division shall undergo, unless otherwise determined by the division veterinarian, a post-mortem examination at a time and place acceptable to the division veterinarian to determine the injury or sickness which resulted in euthanasia or natural death.

Game 14.21(2) (2) The post-mortem examination required under this rule shall be conducted by the Wisconsin animal health laboratory, University of Wisconsin – Madison school of veterinary medicine, or another entity designated by the division.

Game 14.21(3) (3) Test samples must be obtained from the carcass upon which the post-mortem examination is conducted and shall be sent to a laboratory approved by the division for testing for foreign substances and natural substances at abnormal levels. When practical, blood and urine samples should be procured prior to euthanasia.

Game 14.21(4) (4) A record of every such post-mortem shall be filed with the division veterinarian, or with the division if the race meeting has ended, within 72 hours of the death submitted on a form supplied by the division.

Game 14.21(5) (5) Each owner and trainer accepts the responsibility, as a prerequisite for maintaining the occupational license issued by the division, for ensuring the post-mortem examination as provided in this section is conducted.

Game 14.21(6) (6) The trainer of a greyhound required under sub. (1) to have a post-mortem examination conducted shall be required to deliver the greyhound to the division’s veterinarian.

Game 14.21(7) (7) The division shall be responsible for any transportation costs associated with the delivery of the deceased greyhound from the division veterinarian’s office to the laboratory for post-mortem examination.

Game 14.21 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (1) and (2), cr. (6) and (7) Register November 2003 No 575, eff. 12-1-03.

Game 14.22 Game 14.22 Division veterinarian.

Game 14.22(1) (1) The division shall employ a veterinarian licensed to practice in the state of Wisconsin at each race meeting.

Game 14.22(2) (2) The division veterinarian shall advise the division and stewards on veterinary matters.

Game 14.22(3) (3) The division’s veterinarian shall be on the grounds of the association at weighing-in time and during all racing hours.

Game 14.22(4) (4) The veterinarian shall make an examination of the physical condition of each greyhound at weighing-in time.

Game 14.22(5) (5) The division veterinarian shall observe each greyhound as it enters the lock-out kennel, inspect the greyhound if deemed necessary when entering the paddock prior to the race, and recommend to the stewards that any greyhound deemed unsafe to race or physically unfit to produce a satisfactory effort in a race be scratched.

Game 14.22(6) (6) The division veterinarian shall place any greyhound determined to be sick or having a communicable disease, or any greyhound deemed unsafe, unsound or unfit on a veterinarian’s list which shall be posted in a conspicuous place available to all owners, trainers and officials. Once a greyhound has been placed on the veterinarian’s list it may be allowed to race only after it has been removed from the list by the division veterinarian. The entry of any greyhound on the veterinarian’s list may be accepted only after receiving written authorization by the division veterinarian removing the greyhound from the list.

Game 14.22(7) (7) The division veterinarian shall have full access to each kennel on the association’s premises. The division veterinarian shall inspect the general physical condition of the greyhounds, sanitary conditions of the kennels, segregation of female greyhounds in season, segregation of sick greyhounds, the types of medicine found in use, cruel and inhumane treatment, and any other matters or conditions which are brought to the attention of the division veterinarian and reported to the stewards.

Game 14.22 History History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. (5), r. (8) Register November 2003 No. 575, eff. 12-1-03.

Game 14.23 Game 14.23 Testing laboratory.

Game 14.23(1) (1) Qualifications. Any laboratory selected to perform testing services for the division shall, at a minimum, meet all requirements established by the division in the request for proposal or request for bid issued pursuant to subch. IV of ch. 16, Stats. These shall include, but not limited to;

Game 14.23(1)(a) (a) Chain of custody procedures sufficient to allow introduction of test sample results as evidence in administrative hearings before the division or in judicial proceedings in the circuit courts of Wisconsin;

Game 14.23(1)(b) (b) Personnel with background sufficient to qualify as expert witnesses in the detection of substances in bodily fluid samples in hearings before the division or the circuit courts of Wisconsin.

Game 14.23(1)(c) (c) Participation in a program to evaluate and ensure laboratory quality control;

Game 14.23(1)(d) (d) Drug specific immunoassay testing which may include, but is not limited to, Particle Concentration Fluorescence Immunoassay (PCFIA), Enzyme Linked Immunosorbent Assay (ELISA), Radio Immunoassay (RIA), or any combination, to perform screening and detection tests of urine and blood samples for drug synthetic narcotics, opiates, stimulants, steroids, anti-inflammatories, depressants, muscle relaxants, tranquilizers and anti-biotics;

Game 14.23(1)(e) (e) Confirmation procedures utilizing gas chromatography-mass spectrometry (GC/MS) or other alternative computer aided instrument method of appropriate methodology;

Game 14.23(1)(f) (f) One year of experience as a testing laboratory for another racing jurisdiction in North America utilizing the testing methodologies in pars. (d) and (e);

Game 14.23(1)(g) (g) One member of the laboratory personnel shall be a registered member of the association of official racing chemists (AORC), who shall attend the annual meeting of the AORC at the laboratory’s expense;

Game 14.23(1)(h) (h) No laboratory staff, officer, administrator, or holder of any ownership interest in the laboratory shall have a financial interest, either directly or indirectly, in racing greyhounds, any entity licensed by the division, the racing industry, or any other conflict of interest, including those contained in s. 562.025, Stats.

Game 14.23(2) (2) Procedures. The division shall select a laboratory pursuant to a request for proposal or request for bid issued pursuant to the procedures set forth in the department of administration’s procurement manual as required by subch. IV of ch. 16, Stats.

Game 14.23 History History: Cr. Register, July, 1990, No. 415, eff. 8-1-90; CR 03-070: am. (1) (h) and (2) Register November 2003 No. 575, eff. 12-1-03.