Illinois Racing Board Inspections and Searches Posted On:Jul 01, 2010 | Posted By:Glen
IMPORTANT NOTICE
The ITHA has been advised by the Illinois Racing Board that it will be stepping up enforcement of the below rule regarding IRB inspections and searches at the track. IRB Rule 200.40 has been in effect since October 1, 2008 and applies to all persons licensed by the IRB.
Please read this rule carefully.
Also, if you have any questions regarding withdrawal times for approved medications, the IRB advises that you contact the State Veterinarian.
ILLINOIS RACING BOARD ADVISORY
I understand that by accepting this Illinois Racing Board license, I consent to inspections and searches of my person and property on the grounds of a racing association pursuant to the rules of the Illinois Racing Board (11 Illinois Administrative Code 200).
Synopsis of Rule 200.40 (Inspections and Searches)
1. The Illinois Racing Board, investigating for violations of the law or the rules of the Board, shall have the power to permit persons authorized by them to search persons licensed by the Board, including vendors, and of all employees and agents of any licensed racetrack operator licensed by the Board, or to enter and search the jockey and drivers' rooms, paddocks, stables, stalls, tack rooms, barns, sheds, horse trailers, other vehicles related to the transportation of racehorses and/or the transportation of equipment used by or in the care of the racehorses, or other vehicles and equipment in the immediate stable area. The Board shall have the power to permit persons authorized by them to search public areas in the racetrack enclosure, in order to inspect and examine the personal effects or property of licensees. Dormitory rooms are excluded from searches but may be subject to search pursuant to a warrant.
2. Searches shall be based on reasonable suspicion and shall be conducted in a reasonable period of time, and shall not be so frequent as to constitute harassment. Searches of persons conducted shall consist of an external pat down and shall not be internally invasive.
3. Each licensee, in accepting a license, releases all claims or possible actions for damages that he or she may have by virtue of any action taken. Each employee of a licensed racetrack operator and each vendor does irrevocably consent to search and waive and release all claims or possible actions for damages resulting from any action taken. Any person who refuses to be searched pursuant to the rules may have his or her license suspended or revoked and may be ejected from the racetrack facilities.
4. The Board delegates the authority to conduct inspections and searches to the Director of Security of the Illinois Racing Board and to the Illinois State Police, assigned, from time to time, to assist the Director of Security. Prior to conducting a search, a written authorization for administrative inspection shall be issued by either two (2) stewards, the Executive Director of the Board, or a Member of the Board. The written authorization for administrative inspection shall include the name and title of the person or persons authorizing the search, the names of the persons conducting the search, the persons and/or areas to be searched, the date and time of the search, and the purpose of the search. Should circumstances arise, such as the flight of a suspect with items reasonably suspected of being contraband and/or other circumstances that make it impractical to obtain prior written authorization, the requirement of written authorization shall not apply.
5. At least two (2) personnel of the Board or those authorized, shall be present for any of the searches. Any Board personnel, State Steward, or person authorized to conduct a search shall be provided with detailed instructions on how a particular search is to be conducted, including the information contained in the authorization for administrative inspection.
