LD 1985
pg. 12
Page 11 of 29 An Act To Make Revisions to the Maine Revised Statutes Relating to Agricultural... Page 13 of 29
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LR 3053
Item 1

 
withdrawn by the owner or trainer of the animal within 24 hours
prior to an event for which the animal had been entered.

 
4.__Refusal to submit animal for examination.__An owner or
trainer may not refuse to secure or restrain an animal for
examination under this section by a licensed veterinarian or a
technician or agent of the licensed veterinarian and may not
interfere with the restraining or securing of an animal for that
examination.

 
5.__Presence of prohibited substance; prima facie evidence.__
If the chemical analysis of a test performed under subsection 3
indicates the presence of a prohibited substance, it is prima
facie evidence that the substance has been administered to the
animal.__For purposes of this section, each administration of a
prohibited substance to an animal and each occasion on which a
prohibited substance was administered in violation of subsection
1 constitutes a separate violation.

 
6.__Authority of commissioner to make rules.__The commissioner
may adopt rules relating to the administration of tests, the care
and custody of test samples and all other matters necessary to
carry out the purposes of this section. Rules adopted pursuant to
this subsection are routine technical rules as defined in Title
5, chapter 375, subchapter 2-A.

 
7.__Responsibility of owner and trainer for condition of
animal; substitute trainer.__In the absence of substantial
evidence to the contrary, the owner and trainer of an animal are
responsible for the condition of the animal, including the
presence of a prohibited substance, and are charged with
knowledge of all the provisions contained in this section and the
regulations adopted pursuant to this section.__If a trainer is
prevented from performing the trainer's duties, including
responsibility for an animal under this subsection, by illness or
other cause, or is absent from the event where an animal under
the trainer's care is entered and stabled, the trainer
immediately shall notify the secretary or general manager of the
event.__At the time of notification, the trainer shall specify a
substitute trainer and the substitute trainer shall place the
substitute trainer's name on the entry blank.__The substitute
trainer has the same responsibilities as the trainer concerning
the condition of an animal in that trainer's care.

 
8.__Administrative hearing; suspension.__In lieu of a civil
action under subsection 9, the commissioner may institute an
administrative proceeding on any alleged violation of this
section.__If the commissioner institutes an administrative
proceeding, the commissioner shall give notice and an opportunity
for hearing under Title 5, chapter 375, subchapter 4.__Upon


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