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09.10.03.01 - Racing Commission - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 39, ISSUE 14,
FRIDAY, JULY 13, 2012

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 10 RACING COMMISSION

09.10.03 Prohibited Acts

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action
[12-164-P]

The Maryland Racing Commission proposes to amend Regulation .01 under COMAR 09.10.03 Prohibited Acts. These amendments were considered by the Racing Commission at a public meeting held on April 17, 2012, notice of which was given by publication in 39:7 Md. R. 516 (April 6, 2012) pursuant to State Government Article, §10-506, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to provide the Racing Commission with the ability to consider the pharmacological effect of a drug found in a urine or blood specimen taken from a horse.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to J. Michael Hopkins, Executive Director, Maryland Racing Commission, 300 East Towsontown Blvd., Towson, MD 21286, or call 410-296-9682, or email to mhopkins@dllr.state.md.us, or fax to 410-296-9687. Comments will be accepted through August 13, 2012. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland Racing Commission during a public meeting to be held on September 18, 2012, at 12:30 p.m., at Laurel Park, Maryland.

.01 Definitions.
  A. (text unchanged)
  B. Terms Defined.
    (1) Drug.
      (a) Except as provided in §B(1)(b) of this regulation, "drug" means a substance which may have a pharmacological effect on a horse, and:
        (i) (text unchanged)
        (ii) [Defined] Is defined as a controlled dangerous substance under Criminal Law Article, §5-101, Annotated Code of Maryland;
        (iii) [Intended] Is intended to be used for the diagnosis, cure, mitigation, treatment, or prevention of diseases affecting a human or other animal;
        (iv) Other than food, is intended to affect the structure or a function of the body of a human or other animal; or
        (v) [Intended] Is intended for use as a component of an item specified in §B(1)(a)(i).(iv) of this regulation.
      (b) . (c) (text unchanged)
     (2) - (3) (text unchanged)

J. MICHAEL HOPKINS
Executive Director