This request to the Indiana Horse Racing Commission is fairly self-explanatory as far as the inconsistencies in the 'out-of-competition' testing administrative rules when compared to their own definitions.
"Pursuant to ‘71 IAC 2-12-1 Procedures,’ Indiana Breeder & Owner Protection, Inc. (IBOP) is requesting that the Indiana Horse Racing Commission (IHRC) consider the amendment of 71 IAC 8-3-5(e) and 71 IAC 8.5-2-5(e) to conform with their respective definitions in 71 IAC 1-1-67.5 and 71 IAC 1.5-1-67.5. Please consider this correspondence as IBOP’s petition for the IHRC to amend both subsections of the administrative rules cited above, which are part of the ‘Out of competition testing’ rules. Our view is that both of these subsections include language beyond the IHRC’s own definition of its authority and jurisdiction. IBOP would appreciate the changes to these rules be considered as an agenda item at the next regularly scheduled IHRC meeting on August 30, 2012.
At the June 25, 2012, IHRC meeting, 71 IAC 1-1-67.5 was amended, and to correct an oversight in the rule books, 71 IAC 1.5-1-67.5 was added. Both emergency rules, which are copied below, went into effect when submitted to the Indiana Register on July 5, 2012.
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 a test conducted by the commission on a horse located in Indiana as provided in 71 IAC 8-3-5. (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.]; emergency rule filed Jul 5, 2012, 2:14 p.m.: 20120718-IR-071120402ERA)
71 IAC 1.5-1-67.5 "Out of competition testing" defined
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 67.5. "Out of competition testing" means a test conducted by the commission on a horse located in Indiana as provided in 71 IAC 8.5-2-5. (Indiana Horse Racing Commission; 71 IAC 1.5-1-67.5; emergency rule filed Jul 5, 2012, 2:14 p.m.: 20120718-IR-071120402ERA)
Both of these two “Out of competition testing” definitions contain the phrase “on a horse located in Indiana” then provides a reference to the specific administrative rule based upon the breed of the horse. Both 71 IAC 8-3-5(e) and 71 IAC 8.5-2-5(e) contain the phrase “or its designees, in the case of out-of-state collections” which is an indication of the belief that the IHRC can compel out of competition testing on a horse stabled outside of the State of Indiana. IBOP’s petition is to amend each administrative rule by striking the language “or its designees, in the case of out-of-state collections” from each rule. The language used in 71 IAC 8-3-5(e) and 71 IAC 8.5-2-5(e) is contrary to the IHRC’s own definitions for out of competing testing which limits said authority to within Indiana and not beyond.
In further support of IBOP’s petition, both 71 IAC 1-1-52 and 71 IAC 1.5-1-50 which define the IHRC’s “jurisdiction” limit that jurisdiction to “the state of Indiana.” Both 71 IAC 1-1-52 and 71 IAC 1.5-1-50 are copied below:
71 IAC 1-1-52 "Jurisdiction" defined
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 52. "Jurisdiction" of the commission means the state of Indiana. (Indiana Horse Racing Commission; 71 IAC 1-1-52; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1118; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA)
71 IAC 1.5-1-50 "Jurisdiction" defined
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 50. "Jurisdiction" of the commission means the state of Indiana. (Indiana Horse Racing Commission; 71 IAC 1.5-1-50; emergency rule filed Jun 15, 1995, 5:00 p.m.: 18 IR 2819, eff Jul 1, 1995; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA)
In this petition, both 71 IAC 8-3-5(e) and 71 IAC 8.5-2-5(e) were not copied in their entirety for the sake of brevity. Thank you for your consideration of this petition.
Jim Harman
IBOP Vice President
CC: Chairman Diener
Commissioner Lauck
Commissioner Schaefer
Commissioner Grimes
Commissioner Barclay"
At the Indiana Horse Racing Commission meeting on August 30th, the commissioners voted unanimously to remove the language "or its designees, in the case of out-of-state collections" from both out-of-competition testing rules. IBOP views this as a step in the right direction to conform the out-of-competition testing rules to what is actually authorized by Indiana statute.
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