Purpose
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.