Urine, Other Tests and Examinations

(1) Urine, blood and other specimens shall be taken and tested fromsuchgreyhounds as the Judges of the meeting or the Commission's representatives may designate. Such tests are to be under the supervision of the Commission. The specimens shall be collected by the Veterinarian or such other person or persons as the Commission may designate. (2) If the Judges shall find that any drug, stimulant, depressant, analgesic, anti-inflammatoryagent or local anesthetic has been administered or attempted to be administered internally or externally, to a greyhound before a race, which is of such character as could affect the racing condition of a greyhound in such a race, said Judges shall impose such punishment and take such other action as they deem proper under 205 CMR 5.00 including reference to the Commission, against every owner and/or trainer responsible for the proper care and protection of the greyhounds involved and against every person found by them to have administered or to have attempted to administer or to have caused an attempt to administer or to have conspired with another person to administer such drug, stimulant, depressant, analgesic, anti-inflammatory agent or local anesthetic. (3) The owner, trainer, groomor any other person having charge, custody or care of the greyhound is obligated to protect the greyhound properly and guard it against such administration or attempted administration, and if the Judges shall find that any such person has failed to show proper protection and guarding of greyhounds, or if the Judges find any owner or trainer is guilty of negligence with respect thereto, they shall impose such punishment and take such other action as they deem proper under any of the rules including reference to the Commission. (4) The owner or owners of a greyhound so found to have received such administration shall be denied or shall promptly return any portion of the purse or sweepstakes together with any trophy in such race and the same shall be distributed as inthe case ofa disqualification. If a greyhound shall be disqualified in a race because ofthis rule the eligibility of other greyhounds which ran in such race and which have started in a subsequent race before announcement of such disqualification shall not be in any way affected. (5) Hearings concerning the violation of Medication and Drug rules shall be held by and before the Presiding Judge and the Commission Judges. A representative of the Commission may be present as an observer at all such hearings. (6) The owner, trainer or authorized representative shall be present in the testing area when a urine or other specimen is taken from his greyhound and shall remain until the sample tag is signed by the owner, trainer or authorized representative, as witness to the taking of the specimen. (7) Willful failure to be present at or refusal to allow the taking of any such specimen or refusal to sign the specimen tag to the taking of a specimen, or any act or threat to impede or prevent or otherwise interfere therewith shall be reported to the Judges who shall subject the person orpersonsguiltythereof to immediate suspension by the Judges of the meeting and the matter shall be referred to the Commission for such further action as in its discretion it may determine. (8) The representative of the Commission may take for analysis samples of any medicine or other materials suspected of containing improper medications or drugs which could affect the racing conditions ofa greyhound in a race, which may be found in the track area or in the possession of any person connected with racing on such tracks. (9) Any portion of the purse, if not already paid which is to be redistributed in accordance with the provisions of 205 CMR 5.15 shall be held until the Commission approves such redistribution. 205 CMR 5.15(9) shall apply only to the amount payable to the owner or owners of the disqualified greyhound and shall not prevent payment due to other greyhounds in the race pending approval by the Commission. (10) Every owner, trainer or authorized agent, shall immediately, whenever requested by the Commission, submit any greyhound or greyhounds of which he is the owner, authorized agent or trainer, to any Veterinary Surgeon designated by the Commission for such examination or tests as said veterinarian may deem advisable. (11) Any test or examination made by the veterinarian designated by the Commission may be witnessed by the Commission or by any of its representatives and by the owner or his authorized agent or by the trainer of the greyhound or greyhounds so examined or tested. (12) No personwithinthe grounds of a greyhound racing association licensed by the Commission shall have in or upon the premises which he occupies or controls or has the right to occupyor controlor in his personal property or effects any hypodermic syringe, hypodermic needle or other device which could be used for the injection or other infusion into a greyhound of a drug, stimulant, narcotic, depressant, analgesic, anti-inflammatory agent, or local anesthetic. Every association licensed by the Commission is required to use all reasonable efforts to prevent the violation of 205 CMR 5.15(12). Every such racing association, the Commission and the Judges, or any of them, shall have the right to permit a person or persons authorized by any of them to enter into or upon the buildings, rooms or other places within the grounds of such association and to examine the same and to inspect and examine the personal property and effects on any person, within such place; and every person who has been granted a license by the Commission by accepting his license, does consent to such search and seizure of any such hypodermic syringes, hypodermic needles or other devices, and any drugs, stimulants, narcotics, depressants, analgesic, anti-inflammatory agent or local anesthetics apparently intended to be or which could be used in connection therewith, so found. If the Judges shall find any person has violated 205 CMR 5.15(12), they shall impose such punishment and take such other action as they may deem proper under any of the Rules of Greyhound Racing, including reference to the Commission. (13) Any owner or trainer once having been suspended for violation of 205 CMR 5.15(2), and thereafter another analysis of the secretion from a greyhound as above provided or as provided by any other racing commission of any greyhound owned or trained by said owner or trainer shows that a drug, narcotic, depressant, analgesic, anti-inflammatory agent, stimulant or local anesthetic has been administered or that anyelectrical, mechanicalor other appliance has been used which, in the opinion of the Judges is ofsuchcharacter as could affectthe racing condition of the greyhound in such a race, the same be considered a second offense and said owner or trainer may be ruled off all tracks in Massachusetts. (14) Any person found guilty by the Commission of any participation in or knowledge of the fact that any drug, narcotic, stimulant, depressant, analgesic, anti-inflammatory agent, local anesthetic or any electrical, mechanical or other appliance has been used which, in the opinion of the Judges is of such a character as could affect the racing condition of such a greyhound in a race, may be ruled off all tracks in Massachusetts. (15) Every Association and its officials and employees thereof shall give every possible aid and assistance to any department, bureau, division, officer, agent or inspector, or any other person connected with the United States Government or with the Commonwealth of Massachusetts who may be investigatingor prosecutinganysuch person they may suspect of being guilty or possessing any drug, narcotic, stimulant, depressant, analgesic, anti-inflammatory agent, or local anesthetic, hypodermic syringes, hypodermic needles, orelectrical, mechanical or other devices which, in the opinion of Judges is of such a character as could affect the racing condition of a greyhound in a race. (16) Nothing herein contained under 205 CMR 5.15 shall alter or diminish the power of the Commission to review or originate action in any case covered by 205 CMR 5.15. (17) Allobjections must be made to the Judges in writing, signed by the objector and a copythereof sent immediately to the Commission. (18) Permission of the Judges is necessary before an objection can be withdrawn. (19) Any person or persons lodging an objection must pay all costs and expenses incurred in determining the objection in such proportions as the Judges shall decide, unless relieved from such expense by the Commission. (20) The Judges may require a cash deposit before considering an objection, which may be forfeited if the objection should prove to be frivolous, or without foundation. (21) The Judges must decide every objection pertaining to the race. From every decision anappeal in writing may be made to the Commission within 48 hours ofthe time the objector has been officially informed of said decision. (22) Objections to a greyhound engaged in a race may be made by the owner or trainer of some other greyhound engaged in the same race, or by an official of the meeting to one of the Judges. (23) Objection to anydecisionofthe Clerk ofScales shallbe made before the greyhounds leave the paddock for the start of the race. (24) Pending a decision on anobjection, anyprize that the greyhound against which the objection is lodged may have won or may win in the race, shall be withheld until the objection is determined. (25) Objections shall be filed with the Judges within 48 hours from the time the race is run in which the greyhound that occasioned the objection participated. (26) In all cases of fraud or willful deception, the time limitation shall not apply provided the Judges are satisfied that the allegations are bona fide. (27) If an objection to a greyhound which has won or which has been placed in a race is declared valid, that greyhound is disqualified and the other greyhounds in the race are entitled to place in the order in which they finished. (28) The Commission shall license owners, trainers, and assistant trainers. (29) An applicant 16 years or older may be considered for a license as an assistant trainer. (30) The trainer shall be responsible for and be the absolute insurer of the condition of greyhounds he enters, regardless of acts of third parties. The trainers are presumed to know the Rules of Greyhound Racing as adopted by the Commission. (31) An owner, when his trainer is to be absent from his kennel and the grounds where his greyhounds are racing, shall notify the Judges of the licensed trainer, licensed assistant or licensed authorized agent who will assume complete responsibility of the greyhounds he is running. (32) The trainer shall not be relieved of the responsibility provided for in 205 CMR 5.15(30), until the Judges have approved of the licensed trainer, licensed assistant trainer or licensed authorized agent designated by the owner who will assume complete responsibilityofthe greyhounds the owner is racing and the designated licensed person named by the owner has indicated in writing to the Judges that he willassume full responsibility as trainer under any and all rules of greyhound racing as adopted bythe Commission. (33) All owners must file with the Commission and the Association a roster of his trainer, assistant trainers, authorized agent and other employees and if any owner changes trainer he must notify the Racing Secretary forthwith and require the new trainer or any new employee to sign the owner's filed roster. (34) No owner, trainer, assistant trainer, racetrack employee or other person, or either of them, shall accept directly or indirectly, any bribe, gift or gratuity in any form which intends to or might influence the results of any race. (35) A Racing Secretary shall be permitted to race more than one greyhound, owned by the same kennel, in any race. Provided, however, that: (a) Not more than two greyhounds from the same kennel, owned or conditioned by the same trainer shall be allowed to be entered or start. 205 CMR 5.15(35) shall not apply to any Stakes Race, to which money is added, nor to any consolation race held in connection with a Stake Race. (b) When two greyhounds from the same kennel, owned by the same owner, or conditioned by the same trainer are entered and start they shall not be coupled in the wagering. (36) Every owner or trainer who does not have his greyhound at the weighing-in room promptly at the time appointed shallhave his greyhound scratched and, in addition, at the discretionofthe Judges, owner or trainer may be liable for a fine. (37) Trainers shall report greyhounds under their care or superintendence that are off racing form or in poor physical condition to the Racing Secretary who shall immediately notify the Judges. Greyhounds so reported shall not be eligible to enter or to start until approved by the Track Veterinarian and schooled to the satisfaction of the Judges. Violators of this rule maybe subject to a fine, suspension or to ruling off. (38) Owners and trainers shallretire greyhounds offformor inpoor condition. Failure to do so may result in the suspension of said greyhounds for a period to be decided by the Judges. (39) Owners and trainers who make unwarranted complaints may be liable to a fine, suspension or ruling off. (40) Greyhounds that have been retired for conditioning or worming must be brought back to racing weight before being entered. (41) No medicine, antiseptic, fluid or any matter containing any color causing the marring of identification marks shall be used on any part of a greyhound. (42) Any owner, trainer or other person interested in any greyhound or greyhounds at a meeting licensed by the Commission, who shall bet with or through any handbook shall be ejected from the grounds of the Association and shall be refused admission to the grounds of all other licensed Associations in Massachusetts. In the case of the owner ofanygreyhound, the entries of said owner shall be refused for all Massachusetts tracks. (43) All owners and trainers of greyhounds and their employees are subject to the laws of the Commonwealth of Massachusetts and the rules promulgated by its Commission immediately upon making entry to run on a track in Massachusetts. (44) Owners, trainers and their employees shall abide bysaid laws and rules and accept the decision of the Judges on any and all questions to which their authority extends, subject to their right of appeal to the Commission.