Game 14.14Game 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 14.15(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 HistoryHistory: 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 14.16Game 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 14.17(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 14.18(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 HistoryHistory: 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(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)(d)(d) Whether the violator has ever been the subject of a medication ruling in this or any other racing jurisdiction;

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;