Out-of-Competition Testing Definitions

Executive Director Gorajec:

Pursuant to 71 IAC 2-12-1 Procedures, Indiana Breeder & Owner Protection, Inc. (IBOP) is requesting that the Indiana Horse Racing Commission (IHRC) consider an amendment to 71 IAC 1-1-67.5 "Out of competition testing" defined. IBOP would appreciate this request be considered as an agenda item at the next regularly scheduled IHRC meeting. Please consider this correspondence as our petition for the IHRC to amend the location of '71 IAC 1-1-67.5 "Out of competition testing" defined' from Article 1 to Article 1.5 under Title 71.

Currently, there are two definitions of out-of-competition testing appearing in 71 IAC Article 1 Definitions. Both are copied below:

71 IAC 1-1-67.5 "Out of competition testing" defined
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 67.5. "Out of competition testing" means that the commission may test horses at any time and at any location within the state of Indiana for any prohibited substances, practices, and procedures set forth in 71 IAC 8.5-2-5. (Indiana Horse Racing Commission; 71 IAC 1-1-67.5; emergency rule filed Jul 23, 2007, 9:16 a.m.: 20070808-IR-071070461ERA, eff Jul 18, 2007 [IC 4-22-
2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #07-461(E) was filed with the Publisher July 23, 2007.])

71 IAC 1-1-71.5 "Out of competition testing" defined
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 71.5. "Out of competition testing" means that the commission may test horses at any time and at any location within the state of Indiana for any prohibited substances, practices, and procedures set forth in 71 IAC 8-3-5. (Indiana Horse Racing Commission; 71 IAC 1-1-71.5; emergency rule filed Jul 23, 2007, 9:16 a.m.: 20070808-IR-071070461ERA, eff Jul 18, 2007 [IC 4-22-
2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #07-461(E) was filed with the Publisher July 23, 2007.])

Currently, there is no definition of out-of-competition testing that appears in 71 IAC Article 1.5 Flat Racing: Definitions. Clearly, when these two rules were submitted to the Publisher, 71 IAC 1-1-67.5 was submitted erroneously and should have been submitted as 71 IAC 1.5-1-67.5. The rule itself references the out-of-competition testing in the flat racing rule 71 IAC 8.5-2-5. Our request would put the definition in the same rule book. Agenda items for when these two rules were approved by the IHRC may provide some additional insight.

Thank you for your consideration of our request,

Jim Hartman
IBOP Vice President

CC: Chairman McNaught
Commissioner Lauck
Commissioner Schaefer
Commissioner Grimes
Commissioner Barclay