Section 508.60  Penalties for Substance Abuse

a)         For a licensees' first violation of Section 508.50(a) or (b), the Board or the Stewards shall suspend the offender or assess a civil penalty not to exceed $1,000.  In determining the appropriate penalty, the Board or stewards shall consider the offender's history of rule violations, age and experience, and the potential of the offender's conduct to result in physical harm to the human and equine participants at the race meeting.

b)         For a second violation of Section 508.50(a) or (b), the Board or the Stewards shall suspend the licensee pending his or her completion of a substance abuse treatment program licensed by the Illinois Department of Human Services under 77 Ill. Adm. Code 2055, a state licensed treatment program in another state, or an alternative program approved by the Stewards. If any individual is suspended for a second violation of Section 508.50(a) or (b), he or she shall be entitled to a hearing as provided in 11 Ill. Adm. Code 204.

1)         It shall be the responsibility of the licensee to provide the Board with written notice (on forms provided by the Board) of enrollment, weekly status reports, and a written notice that he or she has successfully completed the program and has been discharged.

2)         After a licensee has been discharged from a treatment program, the Board shall require, as a condition of re-licensure, periodic follow-up drug testing within one year from the date of the treatment program discharge, but not to exceed 4 tests per year.

c)         For a licensee's third violation of Section 508.50(a) or (b), his or her license shall be revoked.  If any individual's license is revoked for the third violation of Section 508.50(a) or (b), he or she shall be entitled to a hearing as provided in 11 Ill. Adm. Code 204.

(Source:  Amended at 33 Ill. Reg. 4158, effective March 1, 2009)