19892292, 61DER17-2 - Florida Administrative Rules, Law, Code, Register

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Notice: 19892292

Notice of Emergency Rule

Department:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division:

Division of Pari-Mutuel Wagering

Overview

RULE:

61DER17-2

Emergency Procedures for Collecting Samples from Racing Greyhounds

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

An Emergency rule is necessary because there exists an immediate danger to the public health, safety and welfare due to a final order concluding that the Division of Pari-Mutuel Wagering’s (“Division”) greyhound sample collection process contains some procedures that qualify as unadopted rules.

On December 22, 2017, the Division of Administrative Hearings issued a partial summary final order in DOAH case number 17-5238RU, holding that the sample collection procedures performed by the Division included procedures that were considered unadopted rules.  

In light of the partial summary final order, an emergency rule is necessary because the Division would be unable to test for many prohibited substances in greyhounds and be unable to take subsequent administrative action in cases where a prohibited substance is found in such an animal. Such substances would include performance enhancing substances, pain numbing substances, and others that could lead to potential injuries or death the racing animals. Further, the Division must be able to test for such substances in order to ensure legitimate and fair races and to protect the betting public.

Although the Division rejects the legal finding in the Partial Summary Final Order, the Emergency Rule is necessary so that the Division can ensure the greyhound races that occur during the pendency of any legal challenges occur under safe conditions.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Due to the number of performances scheduled in the immediate future, conducting regular rule making, without an emergency rule in place, will not provide a timely remedy.

SUMMARY:

Emergency rule 61DER17-2, adds language about collecting, sealing, storing, and shipping samples to the laboratory for analysis to the current sample collection rule. These changes address specific concerns identified by the administrative law judge and are valid exercise of delegated legislative authority.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Bryan Barber, bryan.barber@myfloridalicense.com, (850)717-1761, 2601 Blair Stone Road, Tallahassee, Fl, 32399

PRINT PUBLISH DATE:

12/29/2017 Vol. 43/250

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=61DER17-2&PDate=12/29/2017&Section=4

REFERENCE MATERIALS:

No reference(s).

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