Recent rulings collected by the ARCI organization

    The rulings that follow were received by ARCI within the last 5 days.  Please note that the ruling dates may be more than 5 days old. This report has been sorted from most to least recent ruling date. >7/20/2016<

282 Total Rulings compiled at: 7/25/2016 7:59:33 PM G.M.T.

Name: JOHN MICHAEL MCINTYRE Ruling Date: 7/25/2016
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-033-16 Ruling Type: Failure to Meet Financial Obligation
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/25/2016 Suspension End:
Ruling Text: John M McIntyre is summarily suspended for failing to fulfill his financial obligation (JUDGEMENT). DHRC rule: 10.2.3.1.
Name: Ryne Andrew Valerio Ruling Date: 7/25/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-115 Ruling Type: Employment Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey agent RYNE VALERIO, having been duly notified and having appeared before the Board of Stewards on July 25, 2016, for working with an expired jockey agent license on July 3, 2016 at Ruidoso

For this rule violation, the Board of Stewards assessed RYNE VALERIO a penalty in the amount of two hundred dollars ($200). The fine is to be paid on or before August 25, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay this fine within the time prescribed may result in immediate suspension.

RYNE VALERIO is found to be in violation of the following rules:

16.47.1.8 L (1)(C) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: who is unqualified, by experience or otherwise, to perform the activities for which a license is required, or who fails to pass an examination prescribed by the commission. 16.47.1.8 (G)(1) NMAC: Which states in pertinent part “The employment of any unlicensed person under the jurisdiction of the Commission is prohibited”.16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.

Name: ARTURO GUTIERREZ CHAVEZ Ruling Date: 7/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-52 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer  Arturo Chavez, having telephonically appeared, before the Board of Stewards on this date for failure to provide equipment as entered: (Blinkers) , on the horse "Kicken Like Crazy" that ran in the 10th race, July 23, 2016 at The Downs at Albuquerque.
 
Arturo Chavez is found to be in violation of:
 
15.2.5.8(B)(10) NMAC: Which states in pertinent part “Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the Stewards.
 
15.2.5.13(A)(7) NMAC: Which states in pertinent part “No licensee may change any equipment on a horse in its last race without approval of the Paddock Judge or Stewards”.
 
16.47.1.10 (B)(17) NMAC: Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing, horses entered as to eligibility, and weight or other allowances claimed”.
 
For this 1st violation at this meeting, the Board of Stewards assessed  Arturo Chavez a penalty of a fine in the amount of fifty dollars ($50.00). The fine is to be paid on or before August 24, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
  
 Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
 
Name: RAUL VELARDE VEGA Ruling Date: 7/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-53 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer  Raul Vega, having telephonically appeared, before the Board of Stewards on this date for failure to provide equipment as entered: (Flipping Haulter On) , on the horse "Flashy Beamer" that ran in the 10th race, July 23, 2016 at The Downs at Albuquerque.
 
Raul Vega is found to be in violation of:
 
15.2.5.8(B)(10) NMAC: Which states in pertinent part “Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the Stewards.
 
15.2.5.13(A)(7) NMAC: Which states in pertinent part “No licensee may change any equipment on a horse in its last race without approval of the Paddock Judge or Stewards”.
 
16.47.1.10 (B)(17) NMAC: Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing, horses entered as to eligibility, and weight or other allowances claimed”.
 
For this 1st violation at this meeting, the Board of Stewards assessed  Raul Vaga a penalty of a fine in the amount of fifty dollars ($50.00). The fine is to be paid on or before August 24, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
  
 Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
 
Name: SEBEDEO R CHACON Ruling Date: 7/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-54 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Sebedeo R.Chacon, having appeared telephonically before the Board of Stewards on July 22, 2016 for entering the horse “Mach Platinum” in the wrong race which resulted in a program scratch in the race 1ST race on July 22, 2016.

For this rule violation, the Board of Stewards assessed Sebedeo R. Chacon a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before August 22, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of:

NMAC 16.47.10 (C) (18) which states that aTrainer is responsible for horses as to elgibility and weight or other allowances claimed.

15.2.5.9(B)(2) NMAC: Which states in pertinent part that “ The scratch of a horse after closing shall be made by the Owner, Trainer or their licensed designee, with permission from the stewards”.

15.2.5.9 (B) (4) NMAC: Which states in pertinent part that "No horse may be scratched from an overnight race without approval of the Stewards.

Name: Brian Thomas Casaus Ruling Date: 7/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-114 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/24/2016 Suspension End:
Ruling Text: Owner Brian Casaus having been duly notified, having failed to appear, and had his hearing held in absentia before the Board of Stewards on July 24, 2016 at Ruidoso Downs concerning a court judgment for $4,725.06 owed to New Mexico Racetrack Associates.

The Board of Stewards order that any/all New Mexico Racing Commission licenses issued to Brian Casaus be suspended and that he be deemed ineligible for any future licensing in New Mexico until such time that full payment is made to New Mexico Racetrack Associates in the amount of $4,725.06) one thousand two hundred and eighty six dollars. Additionally, effective upon applicable suspension dates, all horses owned by Brian Casaus are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Owner Brian Casaus is found to be in violation of.

16.47.1.8 I (1) NMAC - Financial Responsibility All persons engaged in racing shall maintain financial responsibility in matters pertaining to racing and the Parental Responsibility Act. 16.47.1.8 L NMAC- Grounds for Refusal, Denial, Suspension, or Revocation of License. (1) The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measure, if the applicant: 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.

Name: FRED IKE DANLEY Ruling Date: 7/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-55 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer  Fred Danley, having telephonically appeared, before the Board of Stewards on this date for failure to provide equipment as entered: (Blinkers On) , on the horse "I Am Dandy" that ran in the 3rd race, July 23, 2016 at The Downs at Albuquerque.
 
Fred Danley is found to be in violation of:
 
15.2.5.8(B)(10) NMAC: Which states in pertinent part “Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the Stewards.
 
15.2.5.13(A)(7) NMAC: Which states in pertinent part “No licensee may change any equipment on a horse in its last race without approval of the Paddock Judge or Stewards”.
 
16.47.1.10 (B)(17) NMAC: Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing, horses entered as to eligibility, and weight or other allowances claimed”.
 
For this  violation  the Board of Stewards assessed  Fred Danley a penalty of a fine in the amount of fifty dollars ($50.00). The fine is to be paid on or before August 24, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
  
 Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
 
Name: LONNIE H. VAUGHN Ruling Date: 7/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-56 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Lonnie Vaughn, having appeared telephonically before the Board of Stewards on July 24, 2016 for no show to the paddock with the horse “Midnightlowdown” which resulted in a program scratch in the 9TH race on July 23 at the Downs at Albuquerque.

For this rule violation, the Board of Stewards assessed a penalty in the amount of two hundred Fifty dollars ($250.00). The fine is to be paid on or before August 24, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. Licensee is found to be in violation of: NMAC: 16.47.1.10. Trainers (C) “The Trainer is responsible for having (22) His/her horse present in the paddock at least 20 minutes before post time or at a time otherwise appointed before the race in which the horse is entered;

15.2.5.9 B. SCRATCHES: (1) A "scratch" is the act of withdrawing an entered horse from a contest after the closing of entries. (4) No horse may be scratched from an overnight race without approval of the stewards.

Of section 15.2.3 B. Stewards. (1) General authority. The stewards for each meeting shall be responsible to the commission for the conduct of the race meeting in accordance with the laws of this state and these rules. (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties.

Name: ALEJANDRO HERRERA MEDELLIN Ruling Date: 7/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-57 Ruling Type: Improper or Inhumane Treatment of Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Alejandro Medellin, having appeared with his attorney Gene Chavez before the Board of Stewards on July 23, 2016, for misuse of the whip (hit his mount excessively in the Flank with the whip drawing blood) while aboard “Monkey Lion” in the 6th race, on June 17, 2016 at SunRay Park. Alejandro Medellin is found to be in violation of Commission rules.  
 
15.2.5.13 (E)(6)(e) NMAC: Indiscriminate use of the whip is prohibited including whipping a horse: on the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; during the post parade or after the finish of the race except when necessary to control the horse; excessively or brutally causing welts or breaks in the skin; when the horse is clearly out of the race or has obtained its maximum placing; persistently even though the horse is showing no response under the riding crop; or striking another rider or horse.
 
Alejandro Medellin waived his right to appeal, in order to start his suspension earlier.
 
THIS IS HIS FIRST WHIPPING VIOLATION AT THIS MEET. The Board of Stewards assessed a penalty in the amount of One Thousand dollars ($1000.00) and a suspension from riding with a whip (NO WHIP) for 30 consecutive days from July 31, 2016 through August 29, 2016 inclusive. The fine is to be paid on or before August 24,2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.   
 
Failure to pay the fine within the time prescribed may result in immediate suspension.  
Name: LUIS A ALVAREZ Ruling Date: 7/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-58 Ruling Type: General/Miscellaneous Rulings
Breed: Mixed Division: Mixed
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Licensee Luis Angel Alvarez having appeared before the Board of Stewards on July 24, 2016 is found to be in violation of Commission rules.
 
Mr. Alvarez having been issued a security violation for parking waved his right to a hearing.
 
For this rule violation, the Board of Stewards assessed licensee the following penalty, a fine in the amount of Twenty Five dollars, ($25.00).  The fine is to be paid by August 23, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
 
 
This ruling is in accordance:
Name: JESUS JULIO ANDIA Ruling Date: 7/24/2016
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2016-PRM-43 Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/21/2016 Suspension End: 7/27/2016
Ruling Text:
A hearing was held for Exercise Rider Jesus Andia on July 21, 2016 at 11:30 A.M. in the Steward’s office on the backside of Prairie Meadows Race Track and Casino. The hearing was to determine if Jesus Andia was in violation of IRGC rules 491 IAC 6.5(3)”i” which states, conduct in Iowa or elsewhere has been dishonest, undesirable, detrimental to, or reflects negatively on, the integrity or best interests of racing and gaming.
Specifically Exercise Rider Andia allegedly struck his horse over the head with his whip on July 20, 2016.
 
The Board finds based on the preponderance of evidence and Exercise Rider Andia’s testimony that Exercise Rider Andia repeatedly struck his horse over the head with his whip on July 20, 2016.
 
Therefor the Board suspends Exercise Rider Jesus Andia for 7 calendar days starting July 21 through July 27, 2016.
Name: FLOYD EDWARD HENSLEY Ruling Date: 7/23/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-89 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458® REPEAT OFFENSE
Name: FLOYD EDWARD HENSLEY Ruling Date: 7/23/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-89-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-89 - Ruling Final Outcome
Name: JESSE LEE LEVARIO Ruling Date: 7/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-113 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Jesse Lee Levario having been duly notified, failing to appear, and having his hearing held in absentia before the Board of Stewards on July 23, 2016, for having failed to be excused from, or to notify the Board of Stewards of his absence, and subsequent failure to honor his riding engagements in the sixth race on July 1, 2016 at Ruidoso Downs.

For this rule violation, the Board of Stewards assessed Jesse Lee Levario a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before August 23, 2016, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Jesse Lee Levario is found to be in violation of: 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.

Name: CODY LYMOIN REYNOLDS Ruling Date: 7/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-51 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Cody Reynolds, having appeared telephonically before the Board of Stewards on July 22, 2016 for entering the ineligible horse “Furiousprincess” with no current Piroplasmosis test which resulted in a program scratch in the 4TH race on July 16, 2016 at The Downs at Albuquerque.

For this rule violation, the Board of Stewards assessed Cody Reynolds a penalty in the amount of Two hundred dollars ($200.00). The fine is to be paid on or before August 23, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of: 15.2.5.12 HORSES INELIGIBLE: A horse shall be ineligible to start in a race when: Z. there is no current negative test certificate for equine infectious anemia and a Piroplasmosis test attached to its breed registration certificate as required by the commission.

16.47.1.10 TRAINERS: C. OTHER RESPONSIBILITY: A trainer is responsible for: 9) having each horse in his/her care that is racing, or is stabled on association grounds, tested for equine infectious anemia (EIA) and for Piroplasmosis and for filing evidence of such negative test results with the racing secretary as required by the commission;

Name: ANTHONY CHAYANNE MEDINA-MOLINA Ruling Date: 7/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-109 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Anthony Medina having been duly notified and waived his right to a 10 day notice of hearing before the Board of Stewards on July 22, 2016, for having failed to be excused from, or to notify the Board of Stewards of his absence, and subsequent failure to honor his riding engagements in the second race on July 3, 2016 at Ruidoso Downs. For this rule violation, the Board of Stewards assessed Anthony Medina a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before August 23, 2016, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Anthony Medina is found to be in violation of :16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.

Name: GREG ALLEN GREEN Ruling Date: 7/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-110 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Greg Green having been duly notified, failing to appear, and had his hearing held in absentia before the Board of Stewards on July 22, 2016, for failing to have registration papers on file for entry Classy Attitude, which resulted in a late scratch and mutuel refund of the fifth race on July 1, 2016 at Ruidoso Downs.

For this violation, the Board of Stewards assessed Greg Green a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before August 23, 2016 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension Trainer Greg Green is found to be in violation of.

16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.

Name: Ronald Lynn Stephens Ruling Date: 7/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-111 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Trainer Ron Stephens having been duly notified and having appeared before the Board Of Stewards on July 22, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4 penalty category C drug) found in test sample NM18614 taken from the winnerBig Spurs” following the 2nd race, on June 3, 2016 at Ruidoso Downs in Ruidoso, NM. The original lab report indicated a finding of Phenylbutazone at 2.35 micrograms per milliliter in the blood and confirmed in the split sample by Texas A&M on June 30, 2016 at 2.45±.14 micrograms per milliliter in the blood. The allowable limit for Phenylbutazone is 2.0 micrograms per milliliter in the blood. Owners Astorga Racing (Hugo Astorga and Ivan Astorga) were duly notified and failed to appear for the hearing . They are the ownerS of record for horse “Big Spurs” which was the subject of the Phylbutazone positive. Ron Stephens is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.6.9 A. UNIFORM CLASSIFICATION GUIDELINES: The following outline describes the types of substances placed in each category. This list shall be publicly posted in the offices of the official veterinarian and the racing secretary. (4) Class 4 - This category is comprised primarily of therapeutic medications routinely used in race horses. These may influence performance, but generally have a more limited ability to do so. Groups of drugs assigned to this category include the following. (a) Non-opiate drugs which have a mild central analgesic effect. (b) Drugs affecting the autonomic nervous system, which do not have prominent CNS, cardiovascular, or respiratory effects.(i) Drugs used solely as topical vasoconstrictors or decongestants.(ii) Drugs used as gastrointestinal antispasmodics (iii) Drugs used to void the urinary bladder. (iv) Drugs with a major effect on CNS vasculature or smooth muscle of visceral organs. (c) Antihistamines, which do not have a significant CNS depressant effect (This does not include H1 blocking agents, which are listed in class 5) (d) Mineralocorticoid drugs. (e) Skeletal muscle relaxants. (f) Anti-inflammatory drugs--those that may reduce pain as a consequence of their anti-inflammatory actions, which include. (i) Non-steroidal anti-inflammatory drugs (NSAIDs), except for those specifically approved by the commission. (ii) Corticosteroids (glucocorticoids). (iii) Miscellaneous anti-inflammatory agent (g) Anabolic or androgenic steroids and other drugs. (h) Less potent diuretics. (i) Cardiac glycosides and antiarrhythmics including.(i) Cardiac glycosides.(ii) Antiarrhythmics agents (exclusive of lidocaine, bretylium and propanolol).(iii) Miscellaneous cardiotonic drugs.(j) Topical anesthetics--agents not available in injectable formulations (k) Antidiarrheal agents.(l) Miscellaneous drugs including: (i) expectorants with little or no other pharmacologic action; (ii) stomachics; (iii) mucolytic agents. 15.2.6.9 C. PENALTY RECOMMENDATIONS: (3) Category C penalties will be assessed for violations due to the presence of a drug carrying a category C penalty and overages for NSAID’s and furosemide (all concentrations are for measurements in serum or plasma). Recommended penalties for category C violations, overages for permitted NSAID’s and furosemide are as follows :Trainer 1st offense (365-day period) in any jurisdiction in the following levels, the penalty is a minimum of a written warning to maximum fine of $500: For this first Class 4C medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Ron Stephens a penalty as follows: 1.A ($200) two hundred dollar fine to paid on or before August 23, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension.

Name: THOMAS TEX BENCOMO Ruling Date: 7/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-112 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The excerise rider license #278917 issued to Thomas Bencomo is hereby rescinded without prejudice having been issued an apprentice jockey license.

This ruling is in accordance with:

16.47.1.8 (M)(2) NMAC: Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such a license”.

Name: DANIEL H DENNISON Ruling Date: 7/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-50 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
 
Licensee Daniel H. Dennison having appeared before the Board of Stewards on July 23, 2016, for necessitating the late scratch of the horse Text Me At the Turn from the 5th race on July 22,2016 without the approval of the Board of Stewards. Licensee is found to be in violation of Commission rules.
 
 
For this rule violation, the Board of Stewards assessed a penalty in the amount of two hundred dollars ($200.00).   The fine is to be paid on or before August 2, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of: NMAC
16.47.1.10   C. OTHER RESPONSIBILITY:  A trainer is responsible for
 (17) representing an owner in making entries and scratches and in all other matters pertaining to racing; horses entered as to eligibility and weight or other allowances claimed;
(18) horses entered as to eligibility and weight or other allowances claimed
 
15.2.5.9 B  
(2) The scratch of a horse after closing shall be made by the owner, trainer or their licensed designee, with permission from the stewards
(4) No horse may be scratched from an overnight race without approval of the stewards
Name: ERNEST FENNELL Ruling Date: 7/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-107 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/22/2016 Suspension End:
Ruling Text: Trainer Ernest Fennell, having failed to pay the fines assessed in Ruling 2016-SUN-201.

Ernest Fennell, is found to be in violation of:

15.2.1.9 (B)(7)(f) NMAC and 15.2.3.8 (B)(3)(1) NMAC: Which states in pertinent part “All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered”.

For this rule violation, all licenses issued to Ernest Fennell, are suspended, and he will be ineligible to apply for any future New Mexico Racing Commission license until the fines, as addressed above, have been paid in full.

During said time of applicable suspension, Ernest Fennell, is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9(C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Name: JOSE SAUL MEDINA Ruling Date: 7/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-45 Ruling Type: Fined
Breed: Mixed Division: Mixed
Fine Amount: $ 25 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Licensee Jose Saul Medina having waving his appearance before the Board of Stewards on July 20, 2016 for a citation (Failure to display license) that occurred at The Downs at Albuquerque on July 16, 2016 was found in violation of Commission rules.
 
For this rule violation the Board of Stewards assessed a penalty in the amount of Twenty Five  dollars ($25.00).  The fine is to be paid on or before: August 19, 2016, in accordance with 15.2.3.8 (B)(3)(l).
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
This ruling is in accordance with:
 16.47.1.8 GENERAL PROVISIONS:
R. LICENSE PRESENTATION:
  (1) A person must present an appropriate license or other authorization issued by the commission to enter a restricted area.  The commission may issue authorization to the spouse or child of a licensed owner, trainer or jockey to enter a restricted area.
  (2) The stewards may require visible display of a license while the licensee is engaged in the duty for which he/she is licensed and on the association grounds unless the licensee is mounted on a horse.
  (3) A license may only be used by the person to whom it is issued.
   
 
Name: HERMENEGILDO G ALDAVAZ Ruling Date: 7/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-46 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Licensee having appeared telephonically before the Board of Stewards on this July 22, 2016 for not having (Blinkers on) which was designated at time of entry on the horse “Daddys Big Roll” entered in the 8TH race, on July 20,2016 at The Downs at Albuquerque Race track. Licensee is found to be in violation of Commission rules.

15.2.5.8 (B)(9) NMAC: Which states in pertinent part that “ Any approved change of equipment must be declared at time of entry.”Any changes after that time must be approved by the Stewards.

For this rule violation, the Board of Stewards assessed a penalty in the amount of Fifty dollars ($50.00). The fine is to paid on or before August 22, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.

Name: GASTON FLORAS VALENZUELA Ruling Date: 7/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-47 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: This ruling was started in error. There is no action taken
Name: VICTOR MENDOZA ESCOBAR Ruling Date: 7/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-48 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
 
 
 
Licensee’s New Mexico Racing Commission License # 63666 is hereby rescinded having terminated employment and no longer working in this licensed capacity.
 
Explanation of license situation: Trainer/ Exercise Rider, Victor Escobar no longer working in these capacities is here by rescinded without prejudice. Mr. Escobar is taking out a jockey’s license.
This ruling is in accordance with:
16.47.1.8 GENERAL PROVISIONS:
 Q. CONFLICT OF INTEREST:
(3) A person who is licensed as an owner or trainer in a horse registered for racing at a race meeting in this jurisdiction shall not be employed or licensed as a jockey, apprentice jockey; jockey agent; racing official; assistant starter; track maintenance supervisor; jockey room custodian; valet; outrider; racing chemist, testing laboratory employee, or security personnel.
Name: EARL DEAN ARMSTRONG Ruling Date: 7/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-108 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Earl Armstrong, having been duly notified and waived his rights to a hearing before the Board of Stewards on July 22, 2016 for failure to have sufficient works for entry “Once Over” in the sixth race July 2, 2016 at Ruidoso Downs

Earl Armstrong is found to be in violation of:

15.2.5.11 (A)(2) NMAC: Which states in pertinent part “ Any horse which has started, but not within 60 days, must have at least one workout within 60 days prior to entry. Horses that have not started within 6 months of entry must have at least two approved workouts within 60 days of entry, one workout shall be from the starting gate, or must have proof of standing the horse at least one time within a sixty day period. It shall be the Trainer’s responsibility to establish validity as to workouts and gate approvals”. 15.2.5.12 (L) NMAC: Which states in pertinent part “A horse shall be ineligible to start in a race when it lacks official published workouts”. 15.2.5.11(A.)(3) Horses that have never raced around the turn will be required to have within thirty (30) days prior to entry, at least one (1) workout at 660 yards or farther. Horses that have previously started in a race around the turn, but not within sixty (60) days, will be required to have at least one (1) workout at 660 yards or farther prior to entry. 16.47.1.10 (C)(18) NMAC: Which states in pertinent part “The Trainer is responsible for horses entered as to eligibility, weight, or other allowances claimed”. 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.

For this rule violation, the Board of Stewards assessed Earl Armstrong a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before August 22, 2016, in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.

Name: LARRY CLIFFORD CHAVEZ Ruling Date: 7/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-49 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer Larry Chavez., having appeared by telephone before the Board of Stewards on July 22, 2016, for failure to appear on time, in the paddock with his horse, “Twyst N Shout”, which resulted in a delay of the post parrade 1st race July 17, 2016,  at the Downs at Albuquerque.
 
For this rule violation, the Board of Stewards assessed Trainer Larry Chavez, a penalty in the amount of $100.00.  The fine is to be paid on or before August 22, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
 
 
 16.47.1.10 (C) (22)  Presenting his/her horse in the paddock at least 20 minutes before post time or at a time otherwise appointed before the race in which the horse is entered;
Name: YERIS ORTEGA Ruling Date: 7/22/2016
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 16MON34 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Stable Employee Yeris Ortega is hereby fined the sum of fifty ($50.00) dollars for parking his vehicle in a no parking area.
 
Violation of NJAC Rule 13:70-1.15 - "The stewards may fine, suspend or rule off any person who in their opinion has acted to the detriment of racing or violated the rules."
Name: Jason Nguyen Ruling Date: 7/22/2016
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 16MON36 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 400 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Unlicensed Jockey Jason Nguyen is hereby fined four hundred ($400.00) dollars for failing to fulfill his riding engagements on Friday, July 15, 2016 necessitating late rider changes.   
 
Violation of NJAC Rule 13:70-9.14 "REPORTING TO THE JOCKEY ROOM"- Every jockey who is engaged to ride in a race shall report to the jockey room at the time required by the Clerk of Scales. He or she shall then report any over- weight to the Clerk of Scales and thereafter shall not leave the jockey room until all his or her engagements have been fulfilled, except with the permission of the Stewards.
Name: RUBEN SILVERA Ruling Date: 7/22/2016
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 16MON37 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Jockey Ruben Silvera is hereby fined the sum of two-hundred ($200.00) dollars for failing to fulfill his riding engagements on Saturday, July 16, 2016 necessitating late rider changes.
 
Violation of NJAC Rule 13:70-9.14 REPORTING TO THE JOCKEY ROOM  "Every jockey who is engaged to ride in a race shall report to the jockey room at the time required by the Clerk of Scales.  He or she shall then report any over -weight to the Clerk of Scales and thereafter shall not leave the jockeys room until all his or her engagements have been fulfilled, except with the permission of the Stewards."
Name: JUAN BARCO Ruling Date: 7/22/2016
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 16MON41 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Having waived his right to a hearing, stable employee Juan Gonzales Barco AKA Enrique Cruz is hereby fined the sum of fifty ($50.00) dollars for falsification of his 2010 license.
 
Violation of NJAC Rule 13:70-4.11 Any person making any false, untrue or misleading statements on an application for license or registration or in a written or oral examination in  connection with  such an application may be disciplined as provided for in these rules and regulations.
Name: LEONARDO CADENAS Ruling Date: 7/22/2016
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 16MON42 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Having waived his right to a hearing, stable employee Leonardo Cadenas is hereby fined the sum of fifty  ($50.00) dollars for falsification of his 2016 license.
 
Violation of NJAC Rule 13:70-4.11 Any person making any false, untrue or misleading statements on an application for license or registration or in a written or oral examination in  connection with  such an application may be disciplined as provided for in these rules and regulations.
Name: KELLY ORVIN HOERDT Ruling Date: 7/22/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-87 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458(r)Repeat offense
Name: KELLY ORVIN HOERDT Ruling Date: 7/22/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-87-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-87 - Ruling Final Outcome
Name: Travis Alfred Cullen Ruling Date: 7/22/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-88 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458(p) Whipping after Race
Name: Travis Alfred Cullen Ruling Date: 7/22/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-88-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-88 - Ruling Final Outcome
Name: SCOTT BETHKE Ruling Date: 7/22/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16092 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Scott Bethke is hereby assessed a civil penalty of Five Hundred Dollars ($500) for indiscriminate and excessive use of the riding crop while striking his mount Corporate Charlie more than three consecutive times without pausing during the stretch run of the 9th Race at Canterbury Park on July 15, 2016 (1st indiscriminate and excessive whip use violation and 2nd 3-strike whip rule violation during the 2016 Canterbury Park meet).

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-General authority 7883.0160 (Post to Finish) Subp. 6.C.and C.(3)-Interference and willful fouling 7897.0130 (Schedule of Fines) Subp. 6-Timetable for paying fines (within 72 hours of ruling date)

Name: ERICK CRUZ Ruling Date: 7/21/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16093 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 400 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Erick Cruz is hereby assessed a civil penalty of Four Hundred Dollars ($400) for prohibited use of the riding crop while striking his mount A Valiant Cartel more than three consecutive times without pausing during the stretch run of the 1st Race at Canterbury Park on July 16, 2016 (4th whip rule violation during the 2016 Canterbury Park meet).

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. – General authority 7883.0160 (Post to Finish) Subp. 6.C. – Interference and willful fouling 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)

Name: CRIST W HERSHBERGER Ruling Date: 7/21/2016
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2016-NDP-134 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Hershberger failed to drive when programed on #7 Upfront Chip Daddy in race 1 on 7/18/16. O.S.R.C.-3769-17-29  17-99
Name: AARON EDWARD MERRIMAN Ruling Date: 7/21/2016
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2016-NDP-135 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Merriman failed to drive when programed on #1 Naco Blue Chip in race 7 on 7/19/16. O.S.R.C.-3769-17-29  17-99
Name: JASON R MERRIMAN Ruling Date: 7/21/2016
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2016-NDP-136 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #5 Alady For Sure in race 3 on 7/20/16 he did drive inside the pylons. O.S.R.C.-3769-14-53  14-99
Name: STEVEN JIRO MIYADI Ruling Date: 7/21/2016
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2016-DMR-008 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 8/7/2016 Suspension End: 9/5/2016
Ruling Text: Owner/Trainer STEVEN MIYADI, who started the horse RUN FOR RETTS, who finished third in the eighth race at Los Alamitos Race Track on December 5, 2015, having entered into a Settlement Agreement with the California Horse Racing Board is fined FIVE THOUSAND DOLLARS ($5,000.00)* and suspended for ONE HUNDRED AND EIGHTY (180) DAYS pursuant to California Horse Racing Board Rule #1887 (Trainer to Insure Condition of Horse) for violation of California Horse Racing Board rule #1843(a)(d) (Medication, Drugs and Other Substances – Amphetamine 5.9 ng/ml and Methamphetamine - 13.8 ng/ml). The suspension will be stayed for ONE HUNDRED AND FIFTY (150) DAYS and STEVEN MIYADI will be placed on probation for ONE (1) YEAR subject to the terms and conditions of the Stipulated Agreement. Actual THIRTY (30) DAYS of suspension are to commence on August 7, 2016 through and including September 5, 2016. During the term of Suspension, all licenses and license privileges of Steven Miyadi are suspended and pursuant to California Horse Racing Board rule #1528 (Jurisdiction of Stewards to Suspend or Fine), Steven Miyadi is denied access to all premises in this jurisdiction.
Name: GARY LYNN STEVENS Ruling Date: 7/21/2016
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2016-DMR-010 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/27/2016 Suspension End: 7/29/2016
Ruling Text: Jockey GARY STEVENS, who rode ACT in the fifth race at Del Mar Race Track on July 20, 2016, is suspended for THREE (3) racing days (July 27, 28 and 29, 2016) for failure to maintain a straight course and causing interference. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rules – careless riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races in California.
Name: John Brandon Scott Campbell Ruling Date: 7/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-86 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 s (v) Repeat Offense
Name: John Brandon Scott Campbell Ruling Date: 7/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-86-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-86 - Ruling Final Outcome
Name: FREDY FUENTES Ruling Date: 7/20/2016
Jurisdiction: Horse Racing Alberta Facility: Evergreen Park
Ruling Number: 2016-EGP-B#33 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Fined $100.00 for his poor conduct and using indecent language following the running of Race 5, Saturday, July 16, 2016.
Name: FREDY FUENTES Ruling Date: 7/20/2016
Jurisdiction: Horse Racing Alberta Facility: Evergreen Park
Ruling Number: 2016-EGP-#34 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/22/2016 Suspension End: 7/23/2016
Ruling Text:
Suspended from riding for 2 race days, July 22 and 23, 2016 for failing to maintain a straight course away from the starting gate.
Name: Ricardo Moreno Ruling Date: 7/20/2016
Jurisdiction: Horse Racing Alberta Facility: Evergreen Park
Ruling Number: 2016-EGP-B#35 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/22/2016 Suspension End: 7/23/2016
Ruling Text:
Suspended from riding for 2 race days, July 22 and 23, 2016 for failing to maintain a straight course during the stretch run.
Name: BRANDON CHANCE BOULANGER Ruling Date: 7/20/2016
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2016-DMR-006 Ruling Type: Appeal/Stay Denied, Withdrawn, or Waived
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/28/2016 Suspension End: 8/10/2016
Ruling Text: Jockey BRANDON BOULANGER, having had his appeal of Los Alamitos Spring Thoroughbred Meet Ruling #12 dated April 29, 2016 denied, is suspended for TEN (10) RACING DAYS ( July 28,29,30,31,August 3,4,5,6,7 and 10, 2016). Pursuant to California Horse Racing Board rule #1766 (Designated Races) the term of suspension shall not prohibit participation in designated races in California.
Name: EDWIN A MALDONADO Ruling Date: 7/20/2016
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2016-DMR-007 Ruling Type: Appeal/Stay Denied, Withdrawn, or Waived
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/24/2016 Suspension End: 7/28/2016
Ruling Text: Jockey EDWIN MALDONADO, having had his appeal of Los Alamitos Spring Thoroughbred Meet Ruling #11 dated April 28, 2016 denied, is suspended for THREE (3) RACING DAYS ( July 24, 27 and 28, 2016). Pursuant to California Horse Racing Board rule #1766 (Designated Races) the term of suspension shall not prohibit participation in designated races in California.
Name: SHAWN M PRATER Ruling Date: 7/20/2016
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2016-PRM-41 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
A Prairie Meadows Security Incident Report states on June 11, 2016, Groom Shawn Prater refused to take a breathalyzer test when requested to do so by Prairie Meadows Security and failed a drug test. Mr. Prater tested positive for Benzodiazepines and PCP.  Attached to said report was notification that Prairie Meadows Security Trespassed Groom Shawn Prater.
 
The Board scheduled a hearing for Shawn Prater on June 30, 2016.  Mr. Prater was duly notified of his hearing in accordance with Iowa Rules of Racing and failed to respond.
 
The Board hereby rescinds Groom Shawn Prater’s 2016 IRGC occupational license, as Prairie Meadows has issued Mr. Prater a trespass notice and therefore, will not be able to exercise the privileges of said license.  If at such time Mr. Prater’s trespass notice is lifted, and Mr. Prater re-applies for an IRGC occupational license, the Board will re-evaluate Mr. Prater’s eligibility to hold an IRGC occupational license.  
 
Name: ROBERT EDWARD MCFARLIN Ruling Date: 7/20/2016
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2016-PRM-42 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
 A hearing was scheduled for Practicing Veterinarian Robert McFarlin on July 21, 2016, for alleged violation of 491 IAC 10.7(4)(d) and Iowa Code 99D.25A(7) for failing to treat a horse with furosemide at least four hours prior to post time.
 
Prior to Dr. Robert McFarlin’s hearing, Dr. McFarlin, represented by Attorney Rick Olson, and the Board of Stewards entered into a stipulated agreement. The parties agree that the alleged violation of the Iowa Racing and Gaming Commission (IRGC) rule and State of Iowa statute as stated below occurred, and the Board notes that this ruling is final agency action regarding this incident and therefore, cannot be appealed.
 
The Board of Stewards and Practicing Veterinarian Robert McFarlin hereby enter into the following stipulation:
 
1. The Board of Stewards has full authority to interpret and enforce the rules of racing at Prairie Meadows Racetrack and Casino as set forth by state statute(s) and the Iowa Racing and Gaming Commission.
2. Dr. McFarlin violated 491 IAC 10.7(4)(d) and Iowa Code 99D.25A(7) by failing to treat the horse ”Do It Like Kela” with furosemide at least four hours prior to post time.
3. As a result of said violation, Dr. Robert McFarlin agrees to pay an administrative penalty of $200. The administrative penalty shall be paid to the Iowa Racing and Gaming Commission within ten days from the date of this stipulation.
4. This agreement between the Board of Stewards and Dr. Robert McFarlin will be final agency action regarding this matter and cannot be appealed.
Name: SETH B MARTINEZ Ruling Date: 7/20/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16089 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/21/2016 Suspension End: 7/24/2016
Ruling Text: Jockey Seth Martinez is hereby suspended four racing days, July 21 through July 24, 2016, for prohibited use of the riding crop while striking his mount Omaha Hurry more than three consecutive times without pausing during the stretch run of the 6th Race on July 14, 2016 at Canterbury Park. Martinez may ride in designated races only during the period of the suspension, but each day he rides in designated races will add an additional racing day to the end of the suspension to fulfill four racing days. (8th whip rule violation during 2016 Canterbury Park meet).

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-General authority 7883.0160 (Post to Finish) Subp. 6.C.-Interference and willful fouling

Name: SETH B MARTINEZ Ruling Date: 7/20/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16090 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/28/2016 Suspension End: 7/31/2016
Ruling Text: Jockey Seth Martinez is hereby suspended four racing days, July 28 through July 31, 2016, for prohibited use of the riding crop while striking his mount Shaboom more than three consecutive times without pausing during the stretch run of the 7th Race on July 14, 2016 at Canterbury Park. Martinez may ride in designated races only during the period of the suspension, but each day he rides in designated races will add an additional racing day to the end of the suspension to fulfill four racing days. (9th whip rule violation during 2016 Canterbury Park meet).

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-General authority 7883.0160 (Post to Finish) Subp. 6.C.-Interference and willful fouling

Name: FEDERICO VILLAFRANCO Ruling Date: 7/20/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16091 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Federico Villafranco is hereby assessed a civil penalty of One Hundred Dollars ($100) for failing to handle his business properly by not having P Millers Clock vaccinated on a timely basis causing the horse to be scratched from the 9th Race at Canterbury Park on July 16, 2016.

Minnesota Rules: 7876.0130 (Emergency Rule for Horses Stabling at Canterbury Park) 7879.0200 (Authority and Duties of Stewards) Subp. 1.A.-General authority 7897.0130 (Schedule of Fines) Subp. 6.-Timetable for paying fines

Name: JOHN THOMAS BROWN Ruling Date: 7/20/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-111 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Failure to have his horse in the paddock at the appointed time for the running of the 7th race Tuesday, July 19, 2016.
Name: ANTONIO NINO PIZZURRO Ruling Date: 7/20/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-112 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Failure to have his horse in the paddock for the running of the 2nd race Monday, July 18,2016.
Name: PORFIRIO CANO Ruling Date: 7/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-40 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
 
 
 
Licensee Porfirio Vega Cano having appeared before the Board of Stewards on this date July 20, 2016 for misuse of the whip (using an unapproved whip and raising welts on the hind quarters) while aboard Jess a Leap in the 3rd   race, on DATE: July 6, 2016 at The Downs at Albuquerque; licensee is found to be in violation of Commission rules.
 
For this rule violation, the Board of Stewards assessed a penalty in the amount of Two Hundred Fifty dollars ($250.00).  The fine is to be paid on or before DATE: August 19, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
 
15.2.5.13 RUNNING OF THE RACE:
 A. EQUIPMENT.
  (1) All riding crops are subject to inspection and approval by the stewards and the clerk of scales.  This rule will become effective December 10, 2010.
   (a) All riding crops shall have a shaft and a flap and will be allowed in flat racing including training.  No riding crop shall weigh more than eight ounces nor exceed 30 inches in length, including the flap.  No riding crop shall be used unless the shaft is a minimum of three-eighths inch in diameter; and the shaft contact area must be smooth, with no protrusions or raised surface and covered by shock absorbing material that gives a compression factor of at least one-millimeter throughout its circumference.
   (b) The flap is the only allowable attachment to the shaft and must meet the following specifications.  The length beyond the end of the shaft shall be a maximum of one inch with a mimimum width of .08 inch and a maximum of 1.6 inches.  There shall be no reinforcements or additions beyond the end of the shaft.  There shall be no binding within seven inches of the end of the shaft and the flap must include shock absorbing characteristics similar to those of the contact area of the shaft.
 
Name: ROBERT ALBINO RIVERA Ruling Date: 7/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-41 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer  Robert A. Rivera, having telephonically appeared, before the Board of Stewards on this date for failure to provide equipment as entered: (Flipping Halter ON) , on the horse "Later Dude" that ran in the 10th race, July 17, 2016 at The Downs at Albuquerque.
 
Robert A. Rivera is found to be in violation of:
 
15.2.5.8(B)(10) NMAC: Which states in pertinent part “Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the Stewards.
 
15.2.5.13(A)(7) NMAC: Which states in pertinent part “No licensee may change any equipment on a horse in its last race without approval of the Paddock Judge or Stewards”.
 
16.47.1.10 (B)(17) NMAC: Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing, horses entered as to eligibility, and weight or other allowances claimed”.
 
For this 1st violation at this meeting, the Board of Stewards assessed  Robert A. Rivera a penalty of a fine in the amount of fifty dollars ($50.00). The fine is to be paid on or before August 20, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
  
 Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: KENNETH MIKEY LARUE Ruling Date: 7/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-42 Ruling Type: Racing Officials Compromising Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Paddock Judge Kenneth Larue having appeared before the Board of Stewards on July 16, 2016, and waved the 10 day notice for a hearing concerning failure to perform his duties.

Narrative : Kenneth Karue failed to determine the correct completed claim form when two claims were dropped.

15.2.4.8 CLAIMING RACES: F. PROCEDURE FOR CLAIMING:

(4) If more than one claim is filed on a horse, the successful claim shall be determined by lot conducted by the stewards or their representatives

Name: DAVID WALTER KERN Ruling Date: 7/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-43 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer David Kern., having appeared by telephone before the Board of Stewards on July 20, 2016, for failure to appear in paddock with his horse, “Summer Surprise”, which resulted in a late scratch in the 7th race July 15, 2016,  at the Downs at Albuquerque.
 
For this rule violation, the Board of Stewards assessed Trainer David Kern, a penalty in the amount of $200.00.  The fine is to be paid on or before August 20, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
 
 
 16.47.1.10 (C) (22)  Presenting his/her horse in the paddock at least 20 minutes before post time or at a time otherwise appointed before the race in which the horse is entered;
Name: ENRIQUE D GARCIA Ruling Date: 7/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-44 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
 
Licensee Enrique Garcia having appeared before the Board of Stewards on this date July 20,2016 for careless riding, while aboard El Gato Azul in the 2nd  race, July 17, 2016 at The Downs at Albuquerque, is found to be in violation of Commission rules.
Mr. Garcia while entering the 3/8 turn allowed his horse El Gato Azul to move over into the path  of the #3 horse Carver Waves causing the rider to check severely.
 
For this violation, the Board of Stewards assessed a penalty in the amount of Two Hundred Fifty dollars ($250.00). The fine is to be paid on or before DATE: August 19, 2016 in accordance with 15.2.3.8(B)(3)(1) NMAC.  Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
Name: TANNER FIELDER Ruling Date: 7/19/2016
Jurisdiction: Nebraska Racing Commission Facility: Nebraska State Racing Commission
Ruling Number: Comm-15 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/19/2016 Suspension End: 7/19/2019
Ruling Text: RE: Fonner Park Board of Stewads Ruling #13 Dated 4/20/2016

Mr. Tanner Fielder was in violation of Nebraska Racing Commission Rule 18.001 (conduct detrimental to the best interest of racing). He removed three horses from a quarantined area. The Stewards referred his case to the Racing Commission with a recommendation that this penalty be extended to at least one year.

Having received proper notice from the Nebraska Racing Commission of a hearing held on July 19, 2016, Mr. Fielder appeared via telephone. After the evidence was presented, the Commissioners voted to suspend Mr. Fielder additional three (3) years ending on July 19, 2019.

During this suspension Mr. Fielder is denied access to all grounds under the jurisdiction of the Nebraska State Racing Commission.

Name: RAUL ZAVALA Ruling Date: 7/19/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Hialeah Park
Ruling Number: 2016-HIA-34 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: CONSENT ORDER #2016009359, F.S.550.2415 VIOLATION.
Name: RAUL ZAVALA Ruling Date: 7/19/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Hialeah Park
Ruling Number: 2016-HIA-35 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: CONSENT ORDER #2016010185, F.S.550.2415 VIOLATION.
Name: RAUL ZAVALA Ruling Date: 7/19/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Hialeah Park
Ruling Number: 2016-HIA-36 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: CONSENT ORDER #2016010377, F.S.550.2415 VIOLATION.
Name: RAUL ZAVALA Ruling Date: 7/19/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Hialeah Park
Ruling Number: 2016-HIA-37 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: CONSENT ORDER #2016013117, F.S.550.2415 VIOLATION.
Name: RAUL ZAVALA Ruling Date: 7/19/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Hialeah Park
Ruling Number: 2016-HIA-38 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: CONSENT ORDER #2016017680, F.S.550.2415 VIOLATION.
Name: JAMES D KASPER Ruling Date: 7/19/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Pompano Park
Ruling Number: 2016-PPI-22 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: CONSENT ORDER #2016020408, F.S. VIOLATION OF 550.2415.
Name: JOHN J TAMMARO Ruling Date: 7/19/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2016-TAM-30 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: CONSENT ORDER # 2016012438, FS. 550.2415. VIOLATION.
Name: JULIO CEASAR CANANI Ruling Date: 7/18/2016
Jurisdiction: California Horse Racing Board Facility: California Horse Racing Board
Ruling Number: 2016-Comm-15-0049 Ruling Type: Appeal/Stay Denied, Withdrawn, or Waived
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Appellant has the burden to prove facts necessary to sustain the appeal. (CHRB Rule 1764). The hearing is de novo in scope, but it is limited to the record created at the stewards' level. A Board of Stewards' decision may be overruled if a preponderance of the evidence indicates one of the following: 1. The Stewards mistakenly interpreted the law; 2. New evidence of a convincing nature is produced; and Page 12 of 13- RULING ON APPEAL 3. The best interests of racing and the State may be better served. (Business and Professions Code section 19517(a).) The Board of Stewards application of the doctrine of collateral estoppel was mandatory in this case and is consistent with other licensing boards who have relied on a prior judgment in a civil case. See Richards v. Gordon (1967) 254 Cal. App. 2d 735, 738; Contractors' State License Board v. Superior Court (1960) 187 Cal. App.2d 557, 562; In the Matter of Applicant A for Admission [Applicant A Case] (1995) 3 Cal. State Bar Ct. Rtr. 318, 1995 WL 322593. Accordingly, the Board of Stewards properly relied on the jury findings in the underlying civil case and applied collateral estoppel to reach its conclusions in the administrative hearing. Even though the CHRB had not developed criteria to aid it when considering the suspension of Mr. Canani's license, because the acts that were established against Mr. Canani in the civil case were the specific subject matter of laws binding on Mr. Canani pursuant to his CHRB license, they were necessarily related to the qualifications, functions, or duties of his business or profession. As such Mr. Canani had notice of the specific conduct which regulated him and which he was found to have violated. Mr. Canani has not proven by a preponderance of evidence that the Board of Stewards "mistakenly interpreted the law" or otherwise committed error and therefore his appeal of the Board of Stewards' Ruling is denied.
Name: JOHNATHAN ALLEN LEMONS Ruling Date: 7/18/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-105 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Jonathan Lemons having been duly notified and appeared before the before the Board of Stewards on July 18, 2016, for failure to declare equipment (Blinkers On) at time of entry for BUENO ORA, entered in the fifth race, on June 20, 2016, at Ruidoso Downs.

For this rule violation, the Board of Stewards assessed a penalty in the amount off fifty dollars ($ 50.00). The fine is to paid on or before August 18, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. Licensee is found to be in violation of:

NMAC: 15.2.5.8 (B10) Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards.

Name: CARLOS SUBIA CARRASCO Ruling Date: 7/18/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-106 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/18/2016 Suspension End:
Ruling Text: Owner, Carlos Carrasco, having been duly notified, failing to appear, and had hearing held in absentia before the Board of Stewards on July 18, 2016 at Ruidoso Downs, for failure to disclose criminal/arrest history on application dated May 20, 2016 and for being ineligible for licensure at time of application.

Carlos Carrasco is found to be in violation of:

For this violation, the Board of Stewards issue Carlos Carrasco a penalty of the following: A revocation of any/all New Mexico Racing Commission licenses, effective immediately July 18, 2016, and is referred to the New Mexico Racing Commission for their further review prior to any further application.During said time of suspension Carlos Carrasco is denied access to all grounds under the jurisdiction of the New Mexico Racing Commission in accordance with 15.2.1.9(C)(21)(a) NMAC. Additionally, during the applicable term of this suspension, all horses owned by Carlos Carrasco are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

16.47.1.8 (L)(1) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: (a) has been convicted of a felony (d) has failed to disclose or falsely states any information required in the application 5.2.1.9 B. (4) d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards. The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection.16.47.1.8 (L)(1) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: (a) has been convicted of a felony; (d) has failed to disclose or falsely states any information required in the application

Name: DELMA RICHARD NASBY Ruling Date: 7/18/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 16549 Ruling Type: Warning Letter
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: For violating IHRC Rule #71 IAC 8.5-1-4.1 (a)(A), Trainer Delma (Dale) R Nasby is issued a WARNING for exceeding the allowable limit for Phenylbutazone (2.0mg/mL in blood) in "Dixie Cup Lou" (2.7 mg/mL in blood), second-place finisher of the eleventh (11th) race on June 28, 2016.
Name: RICHARD J ZIELINSKI Ruling Date: 7/18/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-107 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to have his horse in the paddock at the appointed time resulting in a late scratch.
Name: GENARO GARCIA Ruling Date: 7/18/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 16550 Ruling Type: Warning Letter
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: For violating IHRC Rule #71 IAC 8.5-1-4.1 (a)(A), Trainer Genaro Garcia is issued a WARNING for exceeding the allowable limit for Phenylbutazone (2.0mg/mL in blood) in "My Erin" (2.7 mg/mL in blood), third-place finisher of the ninth (9th) race on June 22, 2016.
Name: RICARDO SIGALES Ruling Date: 7/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-104 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/17/2016 Suspension End:
Ruling Text: 1 Year Janitor, Ricardo Sigales having been duly notified, failing to appear, and had hearing held in absentia before the Board of Stewards on July 17, 2016 at Ruidoso Downs, for failing to disclose criminal/arrest history on his licensing application.

Ricardo Sigales is found to be in violation of:

For this violation, the Board of Stewards issue Ricardo Sigales a penalty of the following: A revocation of any/all New Mexico Racing Commission licenses, effective immediately July 17, 2016, and is referred to the New Mexico Racing Commission for their further review prior to any further application. During said time of suspension Ricardo Sigales is denied access to all grounds under the jurisdiction of the New Mexico Racing Commission in accordance with 15.2.1.9(C)(21)(a) NMAC.

16.47.1.8 (L)(1) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: (a) has been convicted of a felony (d) has failed to disclose or falsely states any information required in the application

5.2.1.9 B. (4) d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards. The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection. 16.47.1.8 (L)(1) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: (a) has been convicted of a felony; (d) has failed to disclose or falsely states any information required in the application

Name: MARTIN FELIX Ruling Date: 7/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-39 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/27/2016 Suspension End: 7/31/2016
Ruling Text:
 
 
Licensee Martin Felix having appeared before the Board of Stewards on this date July 17, 2016 for careless riding, while aboard The Dungaree Diamond in the 1st race, July 16, 2016, at The Downs at Albuquerque, is found to be in violation of Commission rules. Mr. Felix  failed to reasonable stay in his lane interfering with the #7 horse Jess Mr Dinero and rider Hector Aldrete, causing Mr Aldrete to check and slow his horse costing him a better placing.
Following a rider objection the Stewards unanimously found evidence to warrant the disqualification of #8 The Dungaree Diamond from 2nd and placed him 4th behind the #7 Jess Mr Dinero
For this violation, the Board of Stewards assessed a suspension of three (3) racing days. The suspension will be July 27,29,30,2016.
Licensee is found to be in violation of:
 
Name: GUADALUPE RIOS SAN MIGUEL Ruling Date: 7/17/2016
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2016-LA-188 Ruling Type: Disorderly Conduct
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: GROOM GUADALUPE RIOS SAN MIGUEL IS FINED ONE HUNDRED DOLLARS ($100.00)* FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1874 (DISORDERLY CONDUCT)/(FIGHTING).
Name: GELBER ROCAEL ESTRADA Ruling Date: 7/17/2016
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2016-LA-189 Ruling Type: Disorderly Conduct
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: PONY RIDER GELBER RACAEL ESTRADA IS FINED ONE HUNDRED DOLLARS ($100.00)* FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1874 (DISORDERLY CONDUCT)/(FIGHTING).
Name: VINCENT SCOTT BEDNAR Ruling Date: 7/17/2016
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2016-LA-190 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/24/2016 Suspension End: 7/30/2016
Ruling Text: JOCKEY VINNIE BEDNAR WHO RODE “LADY BERLIN” IN THE FIRST RACE AT LOS ALAMITOS RACE COURSE ON SATURDAY, JULY 16, 2016, IS SUSPENDED THREE (3) RACING DAYS (JULY 24TH, 29TH AND 30TH, 2016) FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE, CAUSING INTERFERENCE RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM FIFTH TO SEVENTH. A VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1699 (RIDING RULES – CARELESS RIDING). PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1766 (DESIGNATED RACES), THE TERM OF THIS SUSPENSION SHALL NOT PROHIBIT PARTICIPATION IN DESIGNATED RACES IN CALIFORNIA.
Name: TONY FRANKLIN GUYMON Ruling Date: 7/17/2016
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2016-LA-191 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY TONY F. GUYMON IS FINED THREE HUNDRED DOLLARS ($300.00)* FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1688(b)(6) (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-THIRD OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE SEVENTH RACE AT LOS ALAMITOS RACE COURSE ON JULY 16, 2016.
Name: JULIO DE LA TORRE Ruling Date: 7/17/2016
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2016-LA-192 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY JULIO DE LA TORRE IS FINED ONE HUNDRED DOLLARS ($100.00)* FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1688(b)(6) (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-FIRST OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE SEVENTH RACE AT LOS ALAMITOS RACE COURSE ON JULY 16, 2016.
Name: Jessie Pacheco Mora Ruling Date: 7/17/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16023 Ruling Type: Necessitating a Late Scratch
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer Jessie Pacheco who had #7 "P L JALAPENO" programmed to start in the 8th race at Running Aces Harness Park on July 16, 2016 is hereby fined the sum of Two (2) Hundred Dollars for violation of MRC Rule #7890.0110 Subpart 1. "No person shall administer or cause to be administered to a horse within 48 hours of a race in which it is scheduled to run any medication" (except as permitted by part 7890.0110, subpart 13, items A-D). Horse was treated by a licensed veterinarian on the instructions of the trainer on race day. Necessitating a late declaration.
 
   MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges' Authority
   MRC Rule 7890.0110 Subpart 1 - Administration
Name: NICK R ROLAND Ruling Date: 7/17/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16024 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Driver Nick Roland who drove #4 "FANCY LITTLE GIRL" in the 2nd race at Running Aces Harness Park on July 16, 2016, finishing 4th, is hereby fined the sum of Two (2) Hundred Dollars for violation of MRC Rule 7884.0260 Subpart 2 (I): "take up or slow abruptly in front of other horses as to cause confusion or interference among the trailing horses."
 
   MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges' Authority
   MRC Rule 7884.0260 Subpart 2 (I) - Driving Rules
Name: ANDREW RAMGEET Ruling Date: 7/16/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16087 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 400 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Andrew Ramgeet is hereby assessed a civil penalty of Three Hundred Dollars ($300) for prohibited use of the riding crop while striking his mount Chaska more than three consecutive times without pausing during the stretch run of the 6th Race at Canterbury Park on July 15, 2016 (2nd whip rule violation during the 2016 Canterbury Park meet).

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. – General authority 7883.0160 (Post to Finish) Subp. 6.C. – Interference and willful fouling 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)

Name: GEOVANNI ANGELES FRANCO Ruling Date: 7/16/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16088 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 400 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Geovanni Franco Angeles is hereby assessed a civil penalty of Four Hundred Dollars ($400) for prohibited use of the riding crop while striking his mount P J's Angel more than three consecutive times without pausing during the stretch run of the 7th Race at Canterbury Park on July 14, 2016 (3rd whip rule violation during the 2016 Canterbury Park meet).

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. – General authority 7883.0160 (Post to Finish) Subp. 6.C. – Interference and willful fouling 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)

Name: MIGUEL RUIZ Ruling Date: 7/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-101-RES Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/16/2016 Suspension End: 7/22/2016
Ruling Text: RE: 2016-RUI-101 - Ruling Rescinded having provided provided documentation and restored to good standing
Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-91 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Taurino Gutierrez having been duly notified, having failed to appear, and had his hearing held in absentia before the Board of Stewards on July 11, 2016, for failure to appear in paddock with entry, Mr Moo, which resulted in a late scratch and mutuel refund in the first race on June 18, 2016 at Ruidoso Downs

For this rule violation, the Board of Stewards assessed Taurino Gutierrez a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before August 15, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of:

16.47.1.10 (C) (22) presenting his/her horse in the paddock at least 20 minutes before post time or at a time otherwise appointed before the race in which the horse is entered;

Name: NORBERTO ARROYO Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-92 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Norberto Arroyo having been duly notified and responded telephonically before the Board of Stewards on July 11, 2016, for having failed to be excused from, or to notify the Board of Stewards of his absence, and subsequent failure to honor his riding engagements in the first race on June 24, 2016 at Ruidoso Downs.

Norberto Arroyo is found to be in violation of:

For this rule violation, the Board of Stewards assessed Norberto Arroyo a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before August 15, 2016, in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.

Name: SERGIO G DOMINGUEZ Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-94 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Sergio Dominguez having been duly notified, failed to appear, and had his hearing held in absentia before the Board of Stewards on July 15, 2016, for having failed to be excused from, or to notify the Board of Stewards of his absence, and subsequent failure to honor his riding engagements in the fourth race on June 24, 2016 at Ruidoso Downs.

Sergio Dominguez is found to be in violation of:

For this rule violation, the Board of Stewards assessed Sergio Dominguez a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before August 15, 2016, in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.

Name: ARNULFO ASCENCIO Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-95 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Arnulfo Ascencio Jr having been duly notified, failing to appear, and had his hearing held in absentia before the Board of Stewards on July15, 2016, for missing Lasix and for entry, Wicked Spencer, which resulted in a late scratch and mutuel refund in the fourth race on June 19, 2016 at Ruidoso Downs.

For this violation, the Board of Stewards assessed Arnulfo Ascencio Jr a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before August 15, 2016, in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension Trainer Arnulfo Ascencio Jr is found to be in violation of.

15.2.6.9(E) (2) The use of furosemide (Salix) shall be permitted under the following circumstances on association grounds where a detention barn is utilized: furosemide (Salix) shall be administered no less than three hours prior to post time for a quarter horse race for which the horse is entered and no less than four hours prior to post time for a thoroughbred race for which a horse is entered. A horse qualified for a furosemide (Salix) administration must be brought to the detention barn one hour prior to the three-hour or four-hour administration requirement specified above. After treatment, the horse shall be required by the commission to remain in the detention barn in the care, custody and control of its trainer or the trainer's designated representative under association or commission security supervision until called to the saddling paddock.

Name: JUAN CARLOS VILLANUE RAMIREZ Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-96 Ruling Type: Financial Obligation/Restoration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/16/2016 Suspension End:
Ruling Text: Jockey Juan Carlos Villanueva having been duly notified, having failed to appear, and had his hearing held in absentia before the Board of Stewards on July 15, 2016 at Ruidoso Downs for financial obligation to jockey agent Joe Ramirez for money owed during the Sunland Park meet.

The Board of Stewards order that any/all New Mexico Racing Commission licenses issued to Juan Carlos Villanueva be suspended and that he be deemed ineligible for any future licensing in New Mexico until such time that full payment is made to to Joe Ramirez in the amount of ($1,286.00) one thousand two hundred and eighty six dollars.

Jockey Juan Carlos Villanueva is found to be in violation of.

16.47.1.8 I (1) NMAC - Financial Responsibility All persons engaged in racing shall maintain financial responsibility in matters pertaining to racing and the Parental Responsibility Act.

16.47.1.8 L NMAC- Grounds for Refusal, Denial, Suspension, or Revocation of License. (1) The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measure, if the applicant:

Name: ROLANDO ALMANZA Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-97 Ruling Type: Employment Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer ROLANDO ALMANZA having waived his right to a hearing before the Board of Stewards on JULY 11, 2016, for employing an unlicensed groom on JULY 11, 2016 at Ruidoso Downs.

The Board of Stewards assessed ROLANDO ALMANZA a penalty in the amount of two hundred dollars ($200). The fine is to be paid on or before August 16, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay this fine within the time prescribed may result in immediate suspension.

ROLANDO ALMANZA was found to be in violation of Commission rules.

16.47.1.8 (G)(1) NMAC: Which states in pertinent part “The employment of any unlicensed person under the jurisdiction of the Commission is prohibited”.

16.47.1.10 (C)(4) NMAC: Which states in pertinent part “A Trainer must provide a list to the Chief of Security of the Trainer’s employees on association grounds and any other area under the jurisdiction of the Commission.

Name: CHRISTOPHER GERARD ZAMORA Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-98 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Chris Zamora, having waived his right hearing before the Board of Stewards on April 11, 2016, for entering ineligible horse Tidal Wave in the 7th race on June 13, 2016 at Ruidoso Downs.

For this violation, the Board of Stewards assessed Chris Zamora a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before August 16, 2016 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension Chris Zamora is found to be in violation of.

Name: CARLOS O. ALVIDREZ Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-99 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Trainer Carlos Alvidrez having been duly notified, having failed to appear, and had his hearing held in absentia before the before the Board of Stewards on July 16, 2016, for failure to declare equipment (Flipping Halter Off) at time of entry for Stauss, entered in the third race, on June 20, 2016, at Ruidoso Downs.

For this rule violation, the Board of Stewards assessed Carlos Alvidrez a penalty in the amount off fifty dollars ($ 50.00). The fine is to paid on or before August 16, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. Licensee is found to be in violation of:

NMAC: 15.2.5.8 (B10) Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards.

Name: TOMAS DOMINGUEZ MORENO Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-100 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Tomas D. Moreno having been duly notified, failing to appear, and had his hearing held in absentia before the Board of Stewards on July 16, 2016, for failing to have health certificate and coggins on file for entry I Saw You Looking, which resulted in a late scratch in the fourth race on June 24, 2016 at Ruidoso Downs.

For this violation, the Board of Stewards assessed Tomas D. Moreno a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before August 16, 2016 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension Trainer Tomas D. Moreno is found to be in violation of

Name: MIGUEL RUIZ Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-101 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/16/2016 Suspension End: 7/22/2016
Ruling Text: Owner, Miguel Ruiz, having been duly notified, failing to appear, and had hearing held in absentia before the Board of Stewards on July 16, 2016 at Ruidoso Downs, for failing to disclose criminal/arrest history history on his licensing application.

Miguel Ruiz is found to be in violation of:

For this violation, the Board of Stewards issue Miguel Ruiz a penalty of the following: A suspension of any/all New Mexico Racing Commission licenses, effective immediately July 16, 2016, and is referred to the New Mexico Racing Commission for their consideration prior to reinstatement of any/all NMRC licenses. During said time of suspension Miguel Ruiz is denied access to all grounds under the jurisdiction of the New Mexico Racing Commission in accordance with 15.2.1.9(C)(21)(a) NMAC. Additionally, during the applicable term of this suspension, all horses owned by Miguel Ruiz are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

16.47.1.8 (L)(1) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: (a) has been convicted of a felony (d) has failed to disclose or falsely states any information required in the application 5.2.1.9 B. (4) d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards. The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection. 16.47.1.8 (L)(1) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: (a) has been convicted of a felony; (d) has failed to disclose or falsely states any information required in the application

Name: RUBEN FUENTES Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-103 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The owner license #174384 issued to Ruben Fuentes is hereby rescinded without prejudice after he appeared on July 15, 2016, before the Board of Stewards and stated that he is no longer elgiable to be licensed in that capacity. Ruben Fuentes hereby issued an apprentice jockey license.

This ruling is in accordance with:

16.47.1.8 (M)(2) NMAC: Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such a license”.

Name: MARC J SHARP Ruling Date: 7/16/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 16552 Ruling Type: Trainer Responsibility
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Joe Sharp is fined one hundred ($100) dollars for medicating "Bellamy's Verdict" while in the enteries for the fifth (5th) race on July 15, 2016, a violation of IHRC Rule #71 IAC 5.5-3-3(a)(26) necessitating a late scratch.
Name: ALBIN ALEXANDER JIMENEZ Ruling Date: 7/16/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 2016553 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 7/16/2016 Suspension End: 7/22/2016
Ruling Text: Pursuant to Administration Law Judge Kelly R. Eskew Jockey Albin Jimenez's suspension and one thousand ($1,000) fine in Stewards Ruling #16542 are affirmed for failing to participate in two pre-hearing conferences. Mr. Jimenez's suspension will now be served on July 16, 19, 20, 21, and 22, 2016.

Mr. Jimenez may ride in designated stakes races but then must serve a replacement day of suspension.

Name: RONNIE GILLESPIE Ruling Date: 7/16/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16096 Ruling Type: Race Office/Track Rule Violation
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. Gillespie made a late driver change in race 7 on 7/13/16.
Name: CHRISTIAN RUBEN ESQUEDA Ruling Date: 7/16/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 16551 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/20/2016 Suspension End: 7/22/2016
Ruling Text: Quarter Horse Jockey Cristian Esqueda is suspended three (3) racing Quarter Horse racing days July 20, 21, 22, 2016 for allowing "Wagons of Cash" to drift to the outside and out of his running lane, a violation of IHRC Rule #71 IAC 7.5-6-5(c)(4), shortly after the start of the ninth (9th) race on July 12, 2016 which impeded the progress of "Dashnstrawberrybaby", "Kool Hand Lout" and "Lajollahoyahoya" causing them to lose all opportunity in the race resulting in the disqualification of "Wagons of Cash" from seventh (7th) to tenth (10th) place.

During his period of suspension Mr. Esqueda may ride in designated stakes races or trials but then must serve a replacement day of suspension.

Name: IVAN PEREZ Ruling Date: 7/16/2016
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2016-CT-107 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
During the stretch run in the Eight Race, Thursday, July 14, 2016, Perez'z mount Diamond Causeway, swerved in while having the riders' crop applied and caused interference  to Half a Bushel.
His mount was disqualified from Sixth position and placed eighth.
Name: GUILLERMO J RODRIGUEZ Ruling Date: 7/16/2016
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2016-CT-108 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/21/2016 Suspension End: 7/23/2016
Ruling Text:
Jockey carelessly hit his horse right handed.  According to Rodriguez his mount was lugging inward, Rodriguez's action caused his mount Furrfield Furrst to veer in and cause interference to Bettieswintergreen, who was running on the inside of him in the vicinity of the 3/16 pole.
Name: victor rodriguez Ruling Date: 7/16/2016
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2016-CT-109 Ruling Type: Failure to Give Best Effort
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/17/2016 Suspension End: 8/15/2016
Ruling Text:
Jockey failed to put forth any effort during the running of the 8th Race, Thursday, July 14, 2016, to encourage his mount Holy Sweetheart to perform to the best of her ability.
Name: JOHN BATISTA Ruling Date: 7/15/2016
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2016-CT-104 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
During the running of the Seventh Race, on Saturday, July 9, 2016, Mr Batisita allowed his mount Noble Hustle to come out when not clear and interfere with Able Baker Charlie during the backside run. His mount was not disqualified.
Name: ARNULFO ASCENCIO Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-86 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Arnulfo Ascenoio having been duly notified and appeared before the Board of Stewards on July 9, 2016, for failing to have health certificate and coggins on file for entry Red Dirt Rookie, which resulted in a late scratch in the fourth race on June 25, 2016 at Ruidoso Downs.

For this violation, the Board of Stewards assessed Arnulfo Ascenoio a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before August 15, 2016 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension Trainer Arnulfo Ascenoio is found to be in violation of

Name: CHRISTIAN SANTIAGO REYES Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-89 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/23/2016 Suspension End: 7/25/2016
Ruling Text: Jockey, Christian Santiago Reyes, having been summoned and having appeared before the Board of Stewards on June 15, 2016, for careless riding which resulted in the disqualification of his mount “Dandy Pleasure” from first place and ordered unplaced in the fifth race, July 11, 2016, at Ruidoso Downs (allowing his mount to drift out and put pressure on the 3 and 4 which contributed to the 5 clipping heels with the 4 and unseating his rider).

For this violation, the Board of Stewards assessed Christian Santiago Reyes a suspension of 3 race days (July 23, 2016, July 24, 2016 and July 25, 2016).

Christian Santiago Reyes is allowed to ride designated races.

This ruling is in accordance with:

Name: CHRISTIAN SANTIAGO REYES Ruling Date: 7/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-89-MODPEN Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/23/2016 Suspension End: 7/25/2016
Ruling Text: RE: 2016-RUI-89 - Modified Penalty Jockey, Christian Santiago Reyes, having been summoned and having appeared before the Board of Stewards on June 15, 2016, for careless riding which resulted in the disqualification of his mount “Dandy Pleasure” from first place and ordered unplaced in the fifth race, July 11, 2016, at Ruidoso Downs (allowing his mount to drift out and put pressure on the 3 and 4 which contributed to the 5 clipping heels with the 4 and unseating his rider).

For this violation, the Board of Stewards assessed Christian Santiago Reyes a suspension of 3 race days (July 29, 2016, July 30, 2016 and July 31, 2016).

Christian Santiago Reyes is allowed to ride designated races.

This ruling is in accordance with:

Name: SERGIO HENESTROSA FUENTES Ruling Date: 7/15/2016
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: RETA2552 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/18/2016 Suspension End: 7/24/2016
Ruling Text:
Jockey Sergio Henestrosa Fuentes was duly noticed and waived his right to a formal hearing before the Retama Park Board of Stewards and his right to appeal on 7/14/16.
 
Mr. Fuentes is hereby suspended for 7 days (7/18/16 through 7/24/16) because he allowed his mount, "King Karter," to drift out without sufficient correction, causing interference and leading to a disqualification during race 9 at Retama Park on 6/24/16.
 
The terms of this suspension do not prohibit participation in designated stake races, provided he is named on at the time of entry, nor do they prohibit any other activities normally associated with his license. Each day of race participation extends the suspension a like number of days.
Name: CURRY S EDWARDS Ruling Date: 7/14/2016
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #16-0057 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/14/2016 Suspension End:
Ruling Text: Curry S. Edwards is hereby suspended by the Board of Stewards for having been formally ejected and excluded from Keeneland on June 3, 2016, for pending criminal charges and alleged falsification of his license application. During his suspension Mr. Curry is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Mr. Edwards is ordered to appear in person before the License Review Committee of the Kentucky Horse Racing Commission for any future license consideration.

810 KAR 1:025 Section 14 (c)(g)(h)

BY ORDER OF THE STEWARDS

Name: SHYUN T PARKER Ruling Date: 7/14/2016
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #16-0058 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/14/2016 Suspension End:
Ruling Text: Shyun Parker is hereby suspended by the Board of Stewards pending her appearance, for disorderly conduct while on association grounds and her formal ejection from Ellis Park on July 1, 2016. During her suspension Ms. Parker is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission.

810 KAR 1:025 Section 14 (h)(x) 8.

BY ORDER OF THE STEWARDS

Name: LISA LYNN HAMFF Ruling Date: 7/14/2016
Jurisdiction: Texas Racing Commission Facility: Gillespie County Fairground
Ruling Number: GCF598 Ruling Type: Financial Obligation/Restoration
Breed: Mixed Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Mutuel Clerk Lisa Hamff was duly noticed and waived her right to a formal hearing before the Retama Park Board of Stewards and her right to appeal on 7/14/16.
 
Ms. Hamff is hereby fined fifty ($50) dollars because she wrote a check, #1208 to the Texas Racing Commission on 7/4/15 for her license, that was returned as "Not sufficient funds." Ms. Hamff has since made restitution for the check.
Name: Laura S. Festervan Ruling Date: 7/22/2016
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 21783 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/14/2016 Suspension End:
Ruling Text:
Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending settlement of her debt to Backstretch Surgery and Medicine as per court ordered judgement in the amount of $594 plus interest from May 19, 2016 and $100 court cost.
Name: MARLON M FRANCIS Ruling Date: 7/22/2016
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 21782 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/14/2016 Suspension End:
Ruling Text:
Ineligible for licensure and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending settlement of his debt to Backstretch Surgery and Medicine as per court ordered judgement in the amount of $1038 plus interest from May 19, 2016 and $100 court cost.
Name: CURTIS LEE SUMPTER Ruling Date: 7/14/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16095 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Sample #E202713 collected on 6/15/16 from the horse SHOT OF SWEET LOVE was found to contain METHYLPREDNISOLONE at a level above the allowable limit. Tested 366 pg/ml - Limit 100 pg/ml. Mr. Sumpter as trainer is in violation of IHRC medication rules and the trainer responsibility rule. All purse money ($3000.00) earned on 6/15/16 must be returned and redistributed. SHOT OF SWEET LOVE finished first disqualified placed tenth.

No. 2 SUSIEQFROMDALI WHO finished second placed first No. 3 KILLER B'S finished third placed second No. 9 DONTCLOSEYOUREYES finished fourth placed third No. 8 SWEETSHADYSHARK finished fifth placed fourth No. 5 GREY BELL finished sixth placed fifth No. 4 NORTHERN B B finished seventh placed sixth No. 1 KITTY KOCKTAIL finished eighth placed seventh No. 7 JUDYFINN finished ninth placed eighth No. 6 ER HELGA finished tenth placed ninth No. 10 SHOT OF SWEET LOVE finished first placed tenth

Name: LUKE GUIDA Ruling Date: 7/13/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 16548 Ruling Type: Trainer Responsibility
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Luke Guida is fined one hundred ($100) dollars for failing to notify the Identifier of the alteration of the sex of "Lure Me In", a participant in the seventh (7th) race on July 6, 2016, so the information could be noted on the horse's certificate of registration and be included in the program, a violation of IHRC Rule #71 IAC 5.5-3-3(a)(10).
Name: Jonas B Gibson Ruling Date: 7/22/2016
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 21779 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/13/2016 Suspension End: 7/16/2016
Ruling Text:
Ineligible for licensure and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission for issuing non cashable $15,000  check to Courtney Barousse  to settle a debt.
Name: Jonas B Gibson Ruling Date: 7/22/2016
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 21779-REST Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/13/2016 Suspension End: 7/16/2016
Ruling Text:
RE: 21779 - Restored to Good Standing; Paid debt to Courtney Barousse.
Name: Giovani Vazquez-Gomez Ruling Date: 7/13/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 150435 Ruling Type: Failure to Report or Appear
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Quarter Horse jockey Giovani Vazquez-Gomez is fined one hundred ($100) dollars for failing to attend the movies from the second (2nd) race on July 9, 2016 as required by the Stewards, a violation of IHRC Rule #71 IAC 3.5-2-3(c).
Name: Giovani Vazquez-Gomez Ruling Date: 7/13/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 16547 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/19/2016 Suspension End: 7/21/2016
Ruling Text: Quarter Horse Jockey Giovani Vazquez-Gomez is suspended three (3) Quarter Horse racing days (July 19, 20, and 21, 2016) for causing interference against "RK Dashin Dame" in the Heartland Futurity Trial on July 9th, 2016 while riding "Proud Paintedwagonkn", a violation of IHRC Rule #71 IAC 7.5-6-5(c)(4). "Proud Paintedwagonkn" was disqualified from fifth (5th) to sixth (6th) place and one-hundreth (.01) was added to the time of "Dashin Dame" for "Proud Paintedwagonkn".
Name: Luke Richard Plano Ruling Date: 7/13/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16021 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Driver Luke Plano who drove #2 "BUDDY'S HOPE" in the 6th race at Running Aces Harness Park on July 10, 2016 is hereby fined the sum of Two (2) Hundred Dollars for violation of MRC Rule 7884.0260 Subpart 7 - Use of stirrups. Additionally, Driver Plano is placed on probation for the remainder of the current meet relative to violation of this rule. Any further violations of this rule will result in suspension days.
 
   MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges' Authority
   MRC Rule 7884.0260 Subpart 7 - Use of stirrups
Name: JOSE Q MONTOYA Ruling Date: 7/13/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16080 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 400 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jose Montoya is hereby assessed a civil penalty of Four Hundred Dollars ($400) for prohibited use of the riding crop while striking his mount Chick In Eagle more than three consecutive times without pausing during the stretch run of the 6th Race at Canterbury Park on July 10, 2016 (3rd whip rule violation during the 2016 Canterbury Park meet).

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. – General authority 7883.0160 (Post to Finish) Subp. 6.C. – Interference and willful fouling 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)

Name: MARC J SHARP Ruling Date: 7/13/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16084 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Joe Sharp is hereby assessed a civil penalty of One Hundred Dollars ($100) for failing to have foal registration papers on file in the Racing Secretary's Office necessitating the late scratch of Line Judge from the 3rd Race on July 4, 2016, at Canterbury Park.

Minnesota Rules:

7879.0200 (Stewards Authority and Duties) Subp. 1.A.-General authority; Subp. 2.A.-Specific duties and responsibilities of stewards 7883.0100 (Entries and Subscriptions) Subp. 2.B.-Horse must be registered and eligible 7897.0130 (Schedule of Fines) Subp. 1.-Imposition of fines; Subp. 2.B.-Categories of violations; Subp. 3.B. Assignment of categories; Subp. 6.-Timetable for paying fines (within 72 hours of ruling date)

Name: CHARLES J MCMAHON Ruling Date: 7/13/2016
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3214 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/18/2016 Suspension End: 7/24/2016
Ruling Text:
   Upon being duly notified, Jockey Charles McMahon waived hearing and was suspended seven calendar days (07/18/16 thru 07/24/16) by the Lone Star Park Board of Stewards for careless riding during the running of the seventh race at Lone Star Park on 07/09/16.
 
   The terms of this suspension do not prohibit riding in designated stake races providing the jockey is named at time of entry. A day in which a jockey participates in one designated race does not count as a suspension day.
 
   Second Violation in 365 day period.
Name: EDGAR LOPEZ VELASCO Ruling Date: 7/13/2016
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3215 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
   Upon being duly notified, Apprentice Jockey Edgar Velasco waived hearing and was fined one hundred dollars by the Lone Star Park Board of Stewards for failing to fulfill his riding engagement at Lone Star Park on 07/02/16.
 
   First violation.
Name: Alvin Joseph Francis Ruling Date: 7/13/2016
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: RETA2551 Ruling Type: Trainer Responsibility
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Owner - Trainer Alvin Francis Jr. was duly noticed and waived his right to a formal hearing before the Retama Park Board of Stewards and his right to appeal on 7/12/16.
 
Mr. Francis is hereby fined two hundred ($200) dollars because he failed to properly secure a rider for his horse, "Josefina Cruzin," entered to race in the 5th race at Retama Park on 6/10/16, necessitating a late rider change.
 
Second violation within 365 days.
Name: Preston Douglas Shaw Ruling Date: 7/13/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-H#85 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Fined $300.00 H.R.A. Rule 456(h); horse or driver changes course or position, or swerves in or out, or bears in or out during any part of the race in a manner the compels another horse to shorten its stride or cause another driver to change course, take the horse back or pul the horse out of its stride.
Name: Michael Riley Hennessy Ruling Date: 7/13/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-H#83 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Fined $100.00 H.R.A. Rule 457(1)(a)(3); pylon rule.
Name: DAVID ADAM KELLY Ruling Date: 7/13/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-H#84 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Fined $50.00 H.R.A. Rule 456(f); horse or driver fails to come up into position and on the gate.
Name: Roman Armando Huerta Ruling Date: 7/12/2016
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: RETA2550 Ruling Type: Failure to Report or Make Correct Weight
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Jockey Roman Armando Huerta was duly noticed and failed to appear for a formal hearing before the Retama Park Board of Stewards on 7/9/16.
 
Mr. Huerta is hereby fined one hundred ($100) dollars in absentia, because he failed to meet the appropriate riding weight for race 2 at Retama Park on 6/17/16, necessitating a late rider change.
Name: MARLIN DEAN FRY Ruling Date: 7/12/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16094 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: While driving in race 10 on 7/9/16, Mr. Fry failed to maintain a proper pace for the class. (Slow quarter)
Name: RODOLFO GUADALUPE VALLES Ruling Date: 7/11/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-80 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer, Rodolfo Valles, having appeared with council Freda Howard McSwane, Dr. Ivey owner of Equine Sports Medicine and Surgery Clinic, and observer Owner Bobby Simmons before the Board of Stewards on July 11, 2016 for a hearing that was continued from July 8, 2016, for possessing improperly labeled medication, a needle and a syringe during a compliance search by the investigator in the stable area on July 8, 2016 and found to be in violation of NMRC rules.

Mitigating circumstances: The prescribing vet failed to properly label the medication and gave Rodolfo Valles a vile with no method of removing the substance from the vile. Mr. Valles stated that he brought the needle and syringe to withdraw the medication and inject it into the nebulizer. The medication was an antibiotic and not a medication to be used to enhance a horse’s performance. Mr. Valles was apologetic and released the mistake he had made.

For this violation, considering mitigating circumstances and the clean record of Rodolfo Valles the Board of Stewards issue the following penalty:

    1. A suspension of any/all New Mexico Racing Commission licenses, effective July 22, 2016 through August 21, 2016 inclusive
    2. A ($750.00) seven hundred and fifty dollar fine The fine is to paid on or before August 10, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

During his suspension Rodolfo Valles is denied access to all grounds under the jurisdiction of the New Mexico Racing Commission in accordance with 15.2.1.9(C)(21)(a) NMAC. Additionally, during the applicable term of this suspension, all horses owned, trained, or under the care of Rodolfo Valles are denied further entry per 15.2.1.9 (C)(21)(c) NMAC.

Licensee is found to be in violation of:

15.2.6.8 B(3) No person shall possess on any location under the jurisdiction of the commission any of the following unless approved by the commission: (a) any drug which is a narcotic, stimulant, or depressant, or any other substance or medication that has been prepared or packaged for injection by a hypodermic syringe, or hypodermic needle; (b) any hypodermic syringe, hypodermic needle or any equipment associated with the aid of intravenous administration 15.2.1.9(b): An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: RODOLFO GUADALUPE VALLES Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-80-ASG Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
RE: 2016-RUI-80 - Appeal Stay Granted Pending the Appeal Process- Please see Documents
Name: JAIME PARGA-LEOS Ruling Date: 7/10/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-26 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
 
 
Licensee Jaime Parga-Leos having been duly notified appeared telephonically before the Board of Stewards on July 9, 2016, for failure to honor his/her riding engagement on June 26, 2016.
 
Narrative:  Mr. Parga-Loes accepted mounts for June 26, 2016 and failed to appear and/or notify the stewards that he would not be present to ride, which resulted in a late change of riders.
 
For this rule violation, the Board of Stewards assessed licensee a penalty in the amount of Two Hundred dollars $200.00.  The fine is to be paid on or before August 9, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.  Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
 
Name: JAIME PARGA-LEOS Ruling Date: 7/10/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-28 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
 
Licensee Jaime Parga-Leos having been duly notified appeared telephonically before the Board of Stewards on July 9, 2016, for failure to honor his/her riding engagement on July 6, 2016.
 
Narrative:  Mr. Parga-Loes accepted mounts for July 6, 2016 and failed to appear and/or notify the stewards that he would not be present to ride, which resulted in a late change of riders.
 
For this rule violation, the Board of Stewards assessed licensee a penalty in the amount of Two Hundred dollars $200.00.  The fine is to be paid on or before August 9, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.  Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
 
Name: LEANDRO GONCALVES Ruling Date: 7/10/2016
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #16-0055 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: After waiving your right to a hearing before the Board of Stewards you are hereby fined ONE HUNDRED ($100.00) DOLLARS for failure to fulfill your riding engagement at Ellis Park on July 9, 2016 . Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).

810 KAR 1:009 Section 10

By Order of the Stewards

Name: DAVID FLORES Ruling Date: 7/10/2016
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #16-0056 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: After waiving your right to a hearing before the Board of Stewards you are hereby fined ONE HUNDRED ($100.00) DOLLARS for failure to fulfill your riding engagements at Ellis Park on July 9, 2016 . Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).

810 KAR 1:009 Section 10

By Order of the Stewards

Name: OSCAR MARIO PEINADO Ruling Date: 7/10/2016
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2016-LA-177 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/17/2016 Suspension End: 7/23/2016
Ruling Text: JOCKEY OSCAR M. PEINADO WHO RODE “STELFAST” IN THE SECOND RACE AT LOS ALAMITOS RACE COURSE ON SATURDAY, JULY 9, 2016, IS SUSPENDED THREE (3) RACING DAYS (JULY 17TH, 22ND, AND 23RD, 2016) FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE, CAUSING INTERFERENCE. A VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1699 (RIDING RULES – CARELESS RIDING). PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1766 (DESIGNATED RACES), THE TERM OF THIS SUSPENSION SHALL NOT PROHIBIT PARTICIPATION IN DESIGNATED RACES IN CALIFORNIA.
Name: EULICES GOMEZ Ruling Date: 7/10/2016
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2016-LA-178 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/17/2016 Suspension End: 7/23/2016
Ruling Text: JOCKEY EULICES GOMEZ WHO RODE “STILL TRYING” IN THE THIRD RACE AT LOS ALAMITOS RACE COURSE ON SATURDAY, JULY 9, 2016, IS SUSPENDED THREE (3) RACING DAYS (JULY 17TH, 22ND, AND 23RD, 2016) FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE, CAUSING INTERFERENCE RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM SECOND TO SIXTH. A VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1699 (RIDING RULES – CARELESS RIDING). PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1766 (DESIGNATED RACES), THE TERM OF THIS SUSPENSION SHALL NOT PROHIBIT PARTICIPATION IN DESIGNATED RACES IN CALIFORNIA.
Name: MINOR ARIEL ARANA Ruling Date: 7/10/2016
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2016-LA-179 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/17/2016 Suspension End: 7/23/2016
Ruling Text: JOCKEY MINOR ARANA WHO RODE “LOOKING FOR LOVE” IN THE THIRD RACE AT LOS ALAMITOS RACE COURSE ON SATURDAY, JULY 9, 2016, IS SUSPENDED THREE (3) RACING DAYS (JULY 17TH, 22ND AND 23RD, 2016) FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE, CAUSING INTERFERENCE RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM FIFTH TO SEVENTH. A VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1699 (RIDING RULES – CARELESS RIDING). PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1766 (DESIGNATED RACES), THE TERM OF THIS SUSPENSION SHALL NOT PROHIBIT PARTICIPATION IN DESIGNATED RACES IN CALIFORNIA.
Name: MARCIAL RAMIREZ Ruling Date: 7/10/2016
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2016-LA-180 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/17/2016 Suspension End: 7/23/2016
Ruling Text: JOCKEY MARCIAL RAMIREZ WHO RODE “DASHING ROJA” IN THE FIRST RACE AT LOS ALAMITOS RACE COURSE ON SATURDAY, JULY 9, 2016, IS SUSPENDED THREE (3) RACING DAYS (JULY 17TH, 22ND AND 23RD, 2016) FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE, CAUSING INTERFERENCE RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM SEVENTH TO EIGHTH. A VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1699 (RIDING RULES – CARELESS RIDING). PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1766 (DESIGNATED RACES), THE TERM OF THIS SUSPENSION SHALL NOT PROHIBIT PARTICIPATION IN DESIGNATED RACES IN CALIFORNIA.
Name: G JAIRO RANGEL Ruling Date: 7/10/2016
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2016-LA-181 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/17/2016 Suspension End: 7/23/2016
Ruling Text: JOCKEY G. JAIRO RANGEL WHO RODE “JALOS JESSIE” IN THE FIRST RACE AT LOS ALAMITOS RACE COURSE ON SATURDAY, JULY 9, 2016, IS SUSPENDED THREE (3) RACING DAYS (JULY 17TH, 22ND AND 23RD, 2016) FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE, CAUSING INTERFERENCE RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM THIRD TO EIGHTH. A VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1699 (RIDING RULES – CARELESS RIDING). PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1766 (DESIGNATED RACES), THE TERM OF THIS SUSPENSION SHALL NOT PROHIBIT PARTICIPATION IN DESIGNATED RACES IN CALIFORNIA.
Name: ROBERTO GABRIEL VALERO Ruling Date: 7/9/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16077 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Roberto Valero is hereby assessed a civil penalty of Three Hundred Dollars ($300) for prohibited use of the riding crop while striking his mount Cy That Blastedhorse more than three consecutive times without pausing during the stretch run of the 1st Race at Canterbury Park on July 8, 2016 (2nd whip rule violation during the 2016 Canterbury Park meet).

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. – General authority 7883.0160 (Post to Finish) Subp. 6.C. – Interference and willful fouling 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)

Name: JENNIFER LEE KING Ruling Date: 7/9/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16018 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Jenni King who had #3 "PLACE'N FIRST" programmed to start in the 6th race at Running Aces Harness Park on July 5, 2016 is hereby fined the sum of Two (2) Hundred Dollars for violation of MRC Rule 7876.0110 Subpart 3: "Horses must be at race track for race day inspection."
Horse arrived at the stable gate at 1:58 PM, 58 minutes late. Necessitating a late scratch and cancelling of certain wagering options.
 
   MRC Rule 7879.0200 Subpart 1 (A)(B) -- Judges' Authority
   MRC Rule 7876.0110 Subpart 3 -- Off-Track Stabling
Name: Luke Richard Plano Ruling Date: 7/9/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16019 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Trainer Luke Plano whose assigned stall space (Barn B: Stalls 4-29) was the subject of a search conducted by MRC Personnel is hereby issued an "OFFICIAL WARNING" for violation of MRC Rule 7890.0110 Subp. 11 (B): "Medical Labeling" and Subp. 12 "Compounded medications on association grounds." Additionally, he is placed on notice that any future violations of these regulations will result in further sanctions.
 
   MRC Rule 7879.0200 Subpart 1 (A)(B) -- Judges' Authority
   MRC Rule 7890.0110 Subpart 11 -- Medical Labeling
                                          Subpart 12 -- Compounded medications on association grounds
Name: TRAVIS ELVIN BOWMAN Ruling Date: 7/9/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-H#81 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Fined $100.00 H.R.A. Rule 458(g); driver fails to set or maintain a pace comparable to the class in which the driver is racing considering the track conditions, weather and circumstances in the race.
Name: RIGO J. JUAREZ Ruling Date: 7/9/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-78 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 7/9/2016 Suspension End: 7/29/2016
Ruling Text: Trainer Rigo J Juarez having been duly notified, waived his rights to appeal, and appeared with witness Mathew Mashburn before the Board of Stewards on July 9, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive during out of competition testing taken at Ruidoso Downs on May 10, 2016, for the Class 3B drug “stanozolol” detected in sample # NC26229 taken from horse “Zenobia” and confirmed with a split sample sent to Industrial Laboratories on June 10, 2016. Owner Fostel Enterprises (John Fostel) was duly notified and failed to appear for the hearing. He is the owner of record for horse “Zenobia” which was the subject of the “stanozolol” positive for out of competition testing . Rigo J Juarez is found to be in violation of: 15.2.6.9(H)ANDROGENIC-ANABOLIC STEROIDS(1) No AAS shall be permitted in test sample collected from racing horses except for residues of the major metabolite of nandrolone, and the naturally occurring substances boldenone and testosterone at concentrations less than the indicated thresholds.(3)Any other anabolic steroids are prohibited in racing horses.15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.6.9 MEDICATIONS AND PROHIBITED SUBSTANCES (K) OUT OF COMPETITION TESTING: (1) A horse may be subject to out of competition testing without advance notice if the horse is: (a) on the grounds of a racetrack or training center under the jurisdiction of the commission (b) under the care or control of a trainer or owner licensed by the commission; or (c) any horse whose papers are filed in the racing office; or (d) has been nominated to a stakes race.(2) This rule applies to prohibited substances, practices and procedures are as follows (a) class 1, class II and class III drugs as listed with the New Mexico racing commission;(b) blood doping agents including, but not limited to, erythropoietin (EP), darbepoetin, oxylglobin, hempure, aranasep or any substance that abnormally enhances the oxygenation of body tissues; and (c) gene doping agents or the non-therapeutic use of genes, genetic elements, or cells that have the capacity to enhance athletic performance or produce analgesia. (4) Horses to be tested may be selected at random, with probable cause or as determined by the commission or an agent of the commission (5) The commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, may at any time take a urine, blood or hair sample from a horse for this purpose (6) Split samples shall be collected in accordance with Subsection B of 15.2.6.10 NMAC and shall be secured and made available for further testing in accordance with Subsection D of 15.2.6.10 NMAC.(7) All horses selected for testing must be presented to the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, at the time designated, unless the trainer or owner provides verification of an extenuating circumstance that makes it impossible (8) Any licensee who does not comply with the rule or the commission veterinarian for a sample may be subject to disciplinary action.(9) Cooperation with the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, includes: (a) assisting in the immediate location and identification of the horse selected for out of competition testing; and (b) assisting the veterinarian in properly procuring the samples (10) Out of competition samples will be sent to the official laboratory of the commission, or another laboratory as designated by the commission, with reports made in accordance with the provisions of the medication rules and the penalty provisions therefore L. OUT OF COMPETITION PENALTY RECOMMENDATIONS: (1) The penalty for any horse not presented for testing upon notification is a maximum suspension of 120 days. (2)The penalty for the trainer of a horse not presented for testing upon notification is a maximum suspension of 180 days.(3) The penalty for any horse with a positive test is a maximum suspension of 120 days and the horse’s papers will be removed from the racing office. (4) The penalty for the trainer of a horse with a positive test is a maximum $1,500 fine and a maximum suspension of 180 days. Mitigating circumstances : Witness Mathew Mashburn, farm manager and trainer at time of medication administration, testified that the horse "Zenobia" became ill while under his care and custody and he transported the horse to Bill's Veterinary Care who provided documentation stating that the horse “Zenobia” was given Stanzolol on March 18, 2016. Mathew Mashburn admitted that he failed to notify Rigo J Jaurez of the administration of the medication. For this first out of competition testing Class 3 Penalty B medication violation in a 365- day period issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards, considering mitigating circumstances, assessed Rigo J Juarez the following penalty 1. A 20 day suspension of all NMRC licenses effective immediately July 9, 2016 through July 29, 2016, inclusive. 2. ($500) five hundred dollar fine to be paid on or before August 9, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension. 3. The horse “Zenobia” is hereby placed in the Stewards list for a period of 20 days (July 9, 2016 through July 29, 2016 inclusive), during this period the papers must be removed from the racing office and horse is denied entry until it has passed a commission approved veterinary examination. During said time of applicable suspension, Rigo J Juarez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Rigo J Juarez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
Name: Ronald Lynn Stephens Ruling Date: 7/9/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-25 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer Ronald L. Stephens, having appeared telephonically before the Board of Stewards on this date, for failure to be excused from, or to be in attendance to saddle his horse, “Genuine High” prior to the 3rd race, July 6, 2016, at the Downs at Albuquerque.
 
Ronald L. Stephens is found to be in violation of;
 
16.47.1.10 (C)(23) NMAC: Which states in pertinent part “The Trainer is responsible for personally attending his/her horse in the paddock, and supervising the saddling thereof, unless excused by the Stewards”.
 
For this rule violation, the Board of Stewards assess Ronald L. Stephens a penalty in the amount of $200.00.  
 
The fine is to be paid on or before August 9, 2016, in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
An appeal under this section must be filed not later than 10 days after the date of the ruling.  If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.  The appeal must be received by noon, at the main Commission offices or with the Stewards who issued the ruling
Name: JOHN J DELONG Ruling Date: 7/9/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16092 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: While driving in race 4 on 7/1/16, Mr. De Long used his whip in a manner that left welts on the horse.
Name: JOHN J DELONG Ruling Date: 7/9/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16093 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: While driving in race 9 on 7/7/16, Mr. De Long moved out from the inside without sufficient clearance and impeded the progress of No. 5 GORGEOUS ALL OVER. Finished first and was placed fifth.
Name: GUILLERMO J RODRIGUEZ Ruling Date: 7/9/2016
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2016-CT-102 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
During the running of the first race, on Friday, July 1, 2016, Mr Guillermo carelessly allowed his mount Eveatetheapple to cross over and interfer with Smarty Star through the stretch run.
Name: MORRIS M ANGELLE Ruling Date: 7/22/2016
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 21775 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/9/2016 Suspension End:
Ruling Text:
Ineligible for licensure and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending settlement of his debt to Backstretch Surgery and Medicine as per court ordered judgement in the amount of $892 plus interest from May 19, 2016 and $100 court cost.
Name: TOMAS DOMINGUEZ MORENO Ruling Date: 7/8/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-21 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Licensee having appeared telephonically before the Board of Stewards on July 8, 2016 for failure to declare equipment “Blinkers On” at time of entry on the horse“Quickie in Corona” entered in the 1ST race on July 2, 2016 at The Downs at Albuquerque.. Licensee is found to be in violation of Commission rules.

For this rule violation, the Board of Stewards assessed a penalty in the amount of Fifty dollars ($50.00). The fine is to paid on or before August 8, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of: 15.2.5.8 (B)(9) NMAC: Which states in pertinent part that “ Any approved change of equipment must be declared at time of entry.”Any changes after that time must be approved by the Stewards.

Name: SERGE MASSE Ruling Date: 7/8/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-H#79 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Fined $100.00 H.R.A. Rule 458 s (v); driver fails to keep a hand in each hand hold from the time the horses are called for the race by the starter until the finish of the race.
Name: ROBERTO GABRIEL VALERO Ruling Date: 7/8/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16074 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Roberto Valero is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount There Goes My Wallet more than three consecutive times without pausing during the stretch run of the 1st Race at Canterbury Park on July 3, 2016 (1st whip rule violation during the 2016 Canterbury Park meet).

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. – General authority 7883.0160 (Post to Finish) Subp. 6.C. – Interference and willful fouling 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)

Name: JOSHUA WALES SEPULVEDA Ruling Date: 7/8/2016
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3212 Ruling Type: Failure to Pay Fine or Fees
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/18/2016 Suspension End: 7/17/2017
Ruling Text:
Owner - Trainer Joshua Sepulveda was duly noticed and appeared telephonically for a formal hearing before the Retama Park Board of Stewards on 7/7/16.
 
The Board of Stewards considered the evidence and testimony presented at the hearing. One of the issues addressed at the hearing was Mr. Sepulveda's failure to pay a default judgement issued on April 27, 2016, by Justice of The Peace, Precinct 2, Leon Brimhall of Kendall County Texas, in the amount of $7,909.92 plus Court Cost and 5% per annum from the date of Judgement, in favor of Richard Mays D.V.M. That issue was resolved during the hearing.
 
However, Mr. Sepulveda has engaged in a pattern of indifference to his financial responsibilities that is detrimental to the best interests of racing. Mr. Sepulveda was the subject of multiple rulings involving financial responsibility in the past 365 days. See RETA2500 (NSF Check), RETA2533 (Failure to Appear in the matter of numerous debts incurred during the 2015 Retama Park racing season.) LSP3175 (Failure to Pay Fine.)
 
Therefore, Mr. Sepulveda is hereby suspended for one year. 90 days of this suspension shall be served beginning July, 18, 2016 through October 15, 2016. The balance of the suspension is probated for a period of one year, pending no similar violations during the probationary period. Any similar violation will result in an automatic imposition of the suspension upon three days notice to Mr. Sepulveda.
 
During the term of this suspension, Mr. Sepulveda is denied access to all areas under the jurisdiction of the Texas Racing Commission. Entry of horses owned or trained by Mr. Sepulveda is denied, pending transfer to a party approved by a Board of Stewards.
 
On July 11, 2016, Mr. Sepulveda filed an appeal at the Commission's main office in Austin via attorney Ann Taylor.  The appeal was accompanied by the $150 bond in the form of money order #17-410912753.
Name: KENNETH L RAMSEY Ruling Date: 7/7/2016
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #16-0053 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: After waiving your right to a formal hearing before the Board of Stewards you are hereby fined FIVE HUNDRED DOLLARS ($500.00) DOLLARS for the scratch of AMEN KITTEN from the second race at Churchill Downs on June 16, 2016, which violated the regulation that governs scratches. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).

810 KAR 1:027 Section 15, subsection (1) (c) 1. (3)

By Order of the Stewards

Name: MICHAEL JOHNSON Ruling Date: 7/6/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16091 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Sample #E202071 collected on 6/7/16 from the horse WHITEFOOTEDREED was found to contain Levamisole and Pemoline. Mr. Johnson as trainer is in violation of IHRC medication rules and the trainer responsibility rule. There were mitigating circumstances involving the positive test results for Levamisole and Pemoline. The horse was treated by a licensed veterinarian with a medication that failed to list Levamisole and Pemoline as ingredients. All purse money ($621.00) earned on 6/7/16 must be returned and redistributed. WHITEFOOTEDREED finished third disqualified placed tenth.

No. 3 TRUCKDRIVINMAN finished fourth placed third No. 1 SHARKNADO finished fifth placed fourth No. 2 LA ROCKIN DAYDREAM finished sixth placed fifth No. 4 VIRGIL URP finished seventh placed sixth No. 10 LEE TURNER finished eighth placed seventh No. 8 SIERA SAND finished ninth placed eighth No. 9 WILLROCKRITE finished tenth placed ninth No. 5 WHITEFOOTEDREED finished third placed tenth

Name: VERLIN DEAN YODER Ruling Date: 7/5/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16088 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: While driving in race 13 on 6/13/16, Mr. Yoder violated the IHRC whipping rule by using other than wrist action.
Name: BRIAN CARPENTER Ruling Date: 7/5/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16089 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: While driving in race 2 on 6/29/16, Mr. Carpenter failed to maintain a proper pace for the class. (Slow quarter)
Name: RICHARD L MACOMBER Ruling Date: 7/5/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16090 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: While driving in race 10 on 6/25/16, Mr. Macomber failed to maintain a straight course in the stretch and impeded the progress of No. 2 JAMMIN JOSHUA.
Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 7/3/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-16 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer Jaime Aldavaz Sr having been duly notified, and having appeared telephonically before the Board of Stewards on July 2, 2016 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed overage of allowable limits for the Class IV drugs “Phenylbutazone” and “Flunixin” which was found in sample NM19520, after it was collected from the horse, “Zuellas Heat” which finished first in the 7th race, May 15, 2016, at SunRay Park;
 
(The original lab report indicated a finding of Phenylbutazone at 1.88 mcg/ml and Flunixin at 23.0 ng/ml in blood. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and confirmed by TVMDL at 1.39 +/- 0.09 mcg/ml and 19.88 +/- ng/ml respectively .
 
 Jaime Aldavaz Sr is found to be in violation of:
 
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that “A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse’s body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels”.
 
 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC:  Which states in pertinent part that “The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse.  A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule.  The Trainer is absolutely responsible regardless of the acts of third party.”
 
For this violation, the Board of Stewards assessed Jaime Aldavaz a penalty as follows;
 
   A fine in the amount of one thousand dollars ($1,000);
    NO CHANGE IN ORDER OF FINISH
 
This is a 4th positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3)(c) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
                     BY ORDER OF THE DOWNS AT ALBUQUERQUE BOARD OF STEWARDS
 
      ______________________             _______________________                    _______________________
 Filing Deadline: 15.2.1.9(B)(9)(b) NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: TOMAS DOMINGUEZ MORENO Ruling Date: 7/3/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-17 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer  Tomas D. Moreno, having telephonically appeared, before the Board of Stewards on this date for failure to provide equipment as entered: (Blinkers) , on the horse "Quickie in Corona" that ran in the 1st race, July 2, 2016 at The Downs at Albuquerque.
 
Tomas D. Moreno is found to be in violation of:
 
15.2.5.8(B)(10) NMAC: Which states in pertinent part “Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the Stewards.
 
15.2.5.13(A)(7) NMAC: Which states in pertinent part “No licensee may change any equipment on a horse in its last race without approval of the Paddock Judge or Stewards”.
 
16.47.1.10 (B)(17) NMAC: Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing, horses entered as to eligibility, and weight or other allowances claimed”.
 
For this 1st violation at this meeting, the Board of Stewards assessed  Salvador Z. Estrada Sr a penalty of a fine in the amount of fifty dollars ($50.00). The fine is to be paid on or before August 2, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
  
 Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: Philip Sylvio Giesbrecht Ruling Date: 7/2/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-77 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 222(1) Late to paddock
Name: Philip Sylvio Giesbrecht Ruling Date: 7/2/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-77-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-77 - Ruling Final Outcome
Name: Donald Howlett Ruling Date: 7/1/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-72 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 s (v)
Name: Donald Howlett Ruling Date: 7/1/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-72-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-72 - Ruling Final Outcome
Name: John Brandon Scott Campbell Ruling Date: 7/1/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-73 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 s (v)
Name: John Brandon Scott Campbell Ruling Date: 7/1/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-73-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-73 - Ruling Final Outcome
Name: FRANK ROBERT SPRINGER Ruling Date: 7/1/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16057 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 7/5/2016 Suspension End: 7/19/2016
Ruling Text: Trainer Frank Robert Springer participated by phone on June 24, 2016 in response to a formal hearing notice. Frank Robert Springer is hereby suspended 15 days, July 5 through July 19, 2016 and assessed a civil penalty of Five Hundred Dollars ($500) for admittedly altering dates on a Coggins Test laboratory report issued on June 10, 2015 and for having failed to obtain a new Coggins Test laboratory report necessitating the late scratch of Fast Cast from the 10th Race on June 12, 2016 at Canterbury Park.

Minnesota Statute 240.25 (Prohibited Acts) Subd. 6-False statement

Minnesota Rules: 7877.0170 (Duties, Responsibilities of Class C Licensees) Subp. 2.0.-Trainers 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-General authority; Subp. 2.A.-Specific duties and responsibilities of stewards 7897.0100 (Prohibited Acts) Subp. 2.-Violation of laws 7897.0130 (Schedule of Fines) Subp. 1.-Imposition of fines; Subp. 2.A.-Categories of violations; Subp. 3.B. Assignment of categories; Subp. 5.-Amount of fine; Subp. 6.-Timetable for paying fines (within 72 hours of ruling date)

Name: NORBERTO ARROYO Ruling Date: 7/8/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-9-MOD Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/10/2016 Suspension End: 7/16/2016
Ruling Text: RE: 2016-DAA-9 - Modified Ruling The Stewards at the Downs at Albuquerque have amended the penalty of seven calendar days suspension to the following dates: July 7, 2016 through July 13,2016. Mr. Arroyo Jr. is eligible to accept mounts for July 14, 2016.
Name: NORBERTO ARROYO Ruling Date: 7/1/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-9 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/10/2016 Suspension End: 7/16/2016
Ruling Text:
  
Licensee Norberto Arroyo Jr. having appeared before the Board of Stewards on this date July 1, 2016 for careless riding, that resulted  in the disqualification while aboard Tijuana in the 9th race, June 26, 2016, at The Downs at Albuquerque is found to be in violation of Commission rules.
15.2.5.13 RUNNING OF THE RACE:   (2) Interference, jostling or striking.
   (a) A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.
   (b) No jockey shall carelessly or willfully jostle, strike or touch another jockey or another jockey's horse or equipment.
  (3) Maintaining a straight course.
   (a) When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede or intimidate any other horse, it is a foul.
   (b) The offending horse may be disqualified, if in the opinion of the stewards, the foul altered the finish of the race, regardless of whether the foul was accidental, willful or the result of careless riding.
 
For this violation, the Board of Stewards have assessed a penalty of Seven (7) calendar days
suspension starting on July 10, 2016 running through July 16, 2016. Mr. Arroyo Jr. is eligible to accept mounts for July 17, 2016.
 
Name: JIMMY A BANKSTON Ruling Date: 6/27/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-61 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Jimmy Bankston having been duly notified and appeared before the before the Board of Stewards on June 25, 2016, for failure to declare equipment (Blinkers On) at time of entry for My Man Merlion, entered in the seventh race, on June 6, 2016, at Ruidoso Downs.

For this rule violation, the Board of Stewards assessed a penalty in the amount off fifty dollars ($ 50.00). The fine is to paid on or before July 27, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. Licensee is found to be in violation of:

NMAC: 15.2.5.8 (B10) Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards.

Name: ISIDRO ALANIZ RODRIGUEZ Ruling Date: 6/26/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-51 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Trainer Isidro Rodriguez having been duly notified, waived his 10 day notice of hearing, and appeared before the before the Board of Stewards on June 12, 2016, for failure to declare equipment (Flipping Halter Off) at time of entry for Dominyuns Pride, entered in the third race, on June 4, 2016, at Ruidoso Downs.

For this rule violation, the Board of Stewards assessed a penalty in the amount off fifty dollars ($ 50.00). The fine is to paid on or before July 26, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. Licensee is found to be in violation of:

NMAC: 15.2.5.8 (B10) Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards.

Name: Mark William Abbott Ruling Date: 6/26/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-71 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA-Rule 457(3)
Name: Mark William Abbott Ruling Date: 6/26/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-71-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-71 - Ruling Final Outcome
Name: EDGAR F SOLIS Ruling Date: 6/25/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-39 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Edgar Solis having been duly notified and having failed to appear, had his hearing held in absentia before the Board of Stewards on June 18, 2016 for working for trainer Taurino Gutierrez as a groom on May 27, 2016, at Ruidoso Downs (without being properly licensed in that capacity). Furthermore Edgar Solis has no horses in his ownership on file in the racing office, which is a requirement to be licensed as an owner.

For these rule violations, the Board of Stewards hereby access Edgar Solis a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before July 25, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay this fine within the time prescribed may result in immediate suspension. Furthermore the New Mexico Racing Commission Owner License, # 184584, issued to Edgar Solis is hereby rescinded (pending proof of ownership). This ruling is in accordance with:

16.47.1.8 (M)(2)NMAC: Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such a license

Name: MIGUEL HERRERA SAENZ Ruling Date: 6/25/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-41 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Miguel Herrera Saenz having been duly notified and having failed to appear, had his hearing held in absentia before the Board of Stewards on June 18, 2016 for working for trainer Tony Sedillo as a groom on May 27, 2016, at Ruidoso Downs (without being properly licensed in that capacity).

For these rule violations, the Board of Stewards hereby access Miguel Herrera Saenz a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before July 25, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay this fine within the time prescribed may result in immediate suspension.

This ruling is in accordance with:

16.47.1.8 (M)(2)NMAC: Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such a license

Name: ZAFER VURGUN Ruling Date: 6/25/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-43 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Zafer Vurgun having been duly notified, failing to appear, and had his hearing held in absentia before the Board of Stewards on June 18, 2016, for failure to declare equipment (blinkers off ) at time of entry for the horse Our Hearts on Fire, entered in the second race, on June 4, 2016, at Ruidoso Downs. Licensee is found to be in violation of Commission rules.

For this rule violation, the Board of Stewards assessed a penalty in the amount of fifty dollars ($ 50.00). The fine is to paid on or before July 25, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. Licensee is found to be in violation of:

NMAC: 15.2.5.8 (B10) Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards.

Name: JOEL MORALES VALERIANO Ruling Date: 6/25/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-45 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Joel Valeriano having appeared before the Board of Stewards on June 19, 2016, for administering medication (via nebulizer) to your horse, Miss Valiant Hero V, within 24 hours prior to the7th race on May 28, 2016, which resulted in a late scratch and mutual refunding. For this violation, the Board of Stewards assessed Joel Valeriano a fine in the amount of five hundred dollars, ($500.00). The fine is to be paid on or before July 25, 2016, in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension Trainer Joel Valeriano is found to be in violation of. 16.47.1.8 (L)(h) NMAC – Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing”; 15.2.6.9 (D) (3) Except as otherwise provided by this part, a person may not administer or cause to be administered by any means to a horse a prohibited drug, medication, chemical or other substance, including any restricted medication pursuant to this part during the 24-hour period before post time for the race in which the horse is entered.
Name: Ronald Lynn Stephens Ruling Date: 6/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-90 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer  Ronald L. Stephens,  having telephonically appeared before the Board of Stewards on  this date, regarding an entry of an ineligible horse “ Dc Dashing Bono” which resulted in a late scratch in the 9th race, Friday, June 17, 2016,  at SunRay Park;
 
(The horse “Dc Dashing Bono” did not have a current Negative coggins, which resulted in the scratch).
 
Ronald L. Stephens is found to be in violation of:
 
15.2.5.12(Z) NMAC: Which states in pertinent part “A horse shall be ineligible to start in a race when the is no current negative test certificate for equine infectious anemia attached to its breed registration certificate, as required by the Commission”.
 
16.47.1.10(C)(17) NMAC: Which states in pertinent part that “A Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing, horses entered as to eligibility and weight or other allowances claimed”.
 
For this rule violation, the Board of Stewards assessed Ronald L. Stephens a penalty in the amount of two-hundred dollars ($ 200.00).  The fine is to be paid on or before June 30,2016, in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
Name: ISIDRO ALANIZ RODRIGUEZ Ruling Date: 6/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-34 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 6/29/2016 Suspension End: 7/14/2016
Ruling Text: Trainer Isidro Rodriguez having been duly notified and having appeared with interpreter Xavier Rodriguez before the Board Of Stewards on June 18, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the Class 3B drug “clenbuterol” detected in horse “Our Mister Hero”, who finished 2nd place in the ninth race, on April 8, 2016 at Sunland Park Racetrack. Test Sample #: NM18820. (The original lab report indicated a finding of clenbuterol at 200 pg/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Isidro Rodriguez. Owner Thomas Davila was duly notified and failed to appear for the hearing . He is the owner of record for horse “Our Mister Hero” which was the subject of the clenbuterol positive. Isidro Rodriguez is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.6.9(D) O. SUSPENSION OF AUTHORIZED MEDICATION: (1) After a public meeting that has been noticed in accordance with the Open Meetings Act, Sections 10-15-1 through 10-15-4 NMSA, 1978, the commission may, for any cause, temporarily suspend the authorized administration to a horse entered to race of any drug, substance or medication that is otherwise permitted under the commission rules (2) The temporary suspension of the authorized administration of a drug, substance or medication may be for a race, breed, or race meeting, provided all horses in the same race compete under the same conditions (3) The commission shall notify in writing the racing association, the trainer’s organization, and licensed veterinarians of any temporary suspension of authorization to administer a drug, substance or medication to a horse entered to race. The written notification shall at minimum:(a) state the authorized medication whose use is temporarily suspended,(b) the period of time for which the use of the authorized medication is temporarily suspended, and (c) whether the temporary suspension is for a specific breed or a race meeting (4) A suspension of authorization to administer a drug, substance or medication to a horse entered to race shall not exceed 12 months.15.2.1 (P) (15) "Prohibited substance" is any chemical which, when administered to a horse can create a change in the normal physiological performance of the horse's racing ability, such as narcotics, anesthetics, depressants, anti-convulsants, tranquilizers, hallucinogenics and stimulants; when administered to a horse, may interfere with testing procedures and is not a therapeutic medication. 15.2.3.8(B)(3)(k) NMAC: Which states in pertinent part that “ Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.”15.2.5.13(E)(4)(d)Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification. For this first Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Isidro Rodriguez a penalty as follows:1. A 15 day suspension of all NMRC licenses beginning June 29, 2016 through July 14, 2016, inclusive. 2.A ($500) five hundred dollar fine to paid on or before July 19, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension. 3.The horse “Our Mister Hero” must pass a commission approved veterinary examination before being eligible to enter. 4.Loss of purse from the ninth race, on April 8, 2016 at Sunland Park Racetrack and the horse “Our Mr. Hero” is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows 1) This Lady Is On Fire 2) Straw Dawg 3) Grc Justplainazoom 4) Tropical Corona 5) First Mapuche 6) Hc Colour Me Chico 7) Fantastic Ability 8) Rivers Bend UNPLACED Our Mr. Hero During said time of applicable suspension, Isidro Rodriguez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Isidro Rodriguez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: EMILIO CADENA Ruling Date: 6/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-92 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Emillio Cadena lll having appeared before the Board of Stewards on June 19, 2016, for selling the horse “Katies Dynasty” that was entered to run in the 4TH race, on June 18, 2016 at SunRayPark necessitating a late scratch. .

EmillioCadena lll is found to be in violation of:

15.2.5.9(B)(2) NMAC: Which states in pertinent part that “ The scratch of a horse after closing shall be made by the Owner, Trainer or their licensed designee, with permission from the stewards”.

15.2.5.9 (B) (4) NMAC: Which states in pertinent part that "No horse may be scratched from an overnight race without approval of the Stewards.

Name: EMILIO CADENA Ruling Date: 6/29/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-92-MOD Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-SRP-92 - Modified Ruling License was found to be in violation of Commission rules: For this rule violation,the board of Stewards assessed licenseea penalty in the amount of Two Hundred $200.00 Dollars. This Fine is to be paid on or before July 20, 2016 in accordance with 15.2.3.8(B)(3)(1) NMAC failure to pay within the time prescribed may result inimmediate suspension.
Name: ENRIQUE D GARCIA Ruling Date: 6/18/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-84 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Enrique Garcia having appeared before the Board of Stewards on June 17, 2016 for interference, while aboard “Are You the One” in the 4TH race June 13, 2016, at SunRay Park Race Track, is found to be in violation of Commission rules.

For this violation, the Board of Stewards assessed a fine of ($200.00) hundred dollars.

The fine is to be paid on or before July 18, 2016 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension

This ruling is in accordance with:

15.2.5.13 RUNNING OF THE RACE: C. JOCKEY REQUIREMENTS

Name: GREGORY SACCO Ruling Date: 6/17/2016
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 16MON9 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Gregory Sacco is hereby fined the sum of one hundred ($100.00) dollars for failing to have
the foal papers for "URBAN BURN" on file with the horse identifier for the 3rd race on Monday,
May 30, 2016.    
 
Violation of NJAC Rule 13:70-6.13 - "No horse shall be allowed to start unless a Jockey Club registration certificate is on file with the horse identifier, and unless it has been liptattooed, with the exception that the stewards may, in their discretion and for good cause, waive these requirements if the horse is otherwise properly identified.  However, said horse shall be tattooed thereafter within a period of time that is reasonably practical."
Name: WAYLER GARCIA Ruling Date: 6/14/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 16545 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/14/2016 Suspension End:
Ruling Text: Wayler Garcia has abandoned, mistreated, abused, neglected, or engaged in an act of cruelty to a horse, and is hereby excluded from all tracks and satellite wagering facilities under the jurisdiction of the Indiana Horse Racing Commission, including, but not limited to Indiana Grand and Hoosier Park.

This order may be appealed pursuant to IC 4-21.5-4-4.

Name: Ronald Lynn Stephens Ruling Date: 6/11/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-74 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Ronald L. Stephens, having telephonically appeared, before the Board of Stewards on this date for failure to provide equipment: (Blinkers) , on the horse "Prophetic Love" that ran in the 5th race, Friday, June 10, 2016, at SunRay Park
 
Ronald L. Stephens is found to be in violation of:
 
15.2.5.8(B)(10) NMAC: Which states in pertinent part “Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the Stewards.
 
15.2.5.13(A)(7) NMAC: Which states in pertinent part “No licensee may change any equipment on a horse in its last race without approval of the Paddock Judge or Stewards”.
 
16.47.1.10 (B)(17) NMAC: Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing, horses entered as to eligibility, and weight or other allowances claimed”.
 
For this 1st violation at this meeting, the Board of Stewards assess Ronald L. Stephens:
 
 A fine in the amount of fifty dollars ($50.00).
 
 The fine is to be paid on or before July 11, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
  
 Failure to pay the fine within 30 days may result in immediate suspension.
 
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
 
Name: JOSE DANIEL RUIZ Ruling Date: 6/11/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-75 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Jockey Jose Daniel Ruiz, having appeared through representitive Don French before the Board of Stewards on this date for careless riding, while aboard “ Right Down Billy” in the 1st race June 10, 2016 at SunRay Park.
 
Jose Daniel Ruiz is found to be in violation of:
 
15.2.5.13 (E)(2)(a) NMAC: Which states in pertinent part “A Jockey shall not ride carelessly or willfully, so as to permit his/her mount to interfere with, impede, or intimidate any other horse in the race”.
 
15.2.5.13 (E)(3)(a) NMAC: Which states in pertinent part “When the way is clear, a horse may be ridden to any part of the course. But if any horse swerves or is ridden to either side, so as to interfere with, impede, or intimidate any other horse, it is a foul”.
 
15.2.5.13 (E)(3)(c) NMAC: Which states in pertinent part “If the Stewards determine the foul was intentional, or due to careless riding, they may fine, or suspend, the guilty Jockey”.
 
15.2.5.13 (E)(3)(d) In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane in such a manner that it interferes with, impedes or intimidates another horse, it is a foul and may result in the disqualification of the offending horse.
 
For this violation, the Board of Stewards assessed Jose Daniel Ruiz a penalty in the amount of two hundred dollars ($200.00) and a warning to make better effort. The fine is to be paid on or before July 11, 2016, in accordance with 15.2.3.8 (B)(3)(l) NMAC.
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
An appeal under this section must be filed not later than 10 days after the date of the ruling.  If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.  The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling.
Name: Ronald Lynn Stephens Ruling Date: 6/6/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-66 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
  
Licensee having appeared before the Board of Stewards on 6/04/2016 for not being in attendance to saddle his/her horse, Miracle James in the 1st race, on 6/03/2016 at Sunray Park.  Licensee is found to be in violation of Commission rules. 16.47.1.10 C
 
A groom was saddling his horse Miracle James in the first race on 6/3/16  
 
For this rule violation, the Board of Stewards assessed a penalty in the amount of Fifty dollars ($50.00).  The fine is to be paid on or before 7/06/2016 in accordance with 15.2.3.8(B) (3) (l) NMAC.  
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of the following rules:  
16.47.1.10 C (23) Personally attending to his/her horses in the paddock and supervising the saddling thereof, unless excused by the stewards;
  (24) Instructing the jockey to give his/her best effort during a race and that each horse shall be ridden to win;
 
Name: Ronald Lynn Stephens Ruling Date: 6/6/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-68 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Licensee having appeared before the Board of Stewards on this date 6/04/2016for failure to declare equipment Blinkers at time of entry on the horse The Little Bit, entered in the 9th race, on 6/03/2016, at Sunray Park.  Licensee is found to be in violation of Commission rules:
15.2.5.13 NMRC
 
 
For this rule violation, the Board of Stewards assessed a penalty in the amount of Fiftydollars ($50.00).  The fine is to paid on or before 7/06/2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
 
 Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
15.2.5.13 NMRC  
A. EQUIPMENT   (6) No licensee may add blinkers to a horse's equipment or discontinue their use without the prior approval of the starter, the paddock judge, and the stewards.
 
 
 
Name: RICHARD J ZIELINSKI Ruling Date: 6/6/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-58 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to have his horse in the paddock at the appointed time resulting in a late scratch.
Name: RUBEN RAUL CALDERON Ruling Date: 6/5/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-65 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
 
Licensee having appeared before the Board of Stewards on this date for careless riding, while aboard Lords a Fire in the 1st race, 06/04/2016, at Sunray Park, is found to be in violation of Commission rules.
 
For this violation, the Board of Stewards assessed a penalty in the amount of Two hundred dollars ($200.00). The fine is to be paid on or before: 7/5/2016 in accordance with 15.2.3.8(B)(3)(1) NMAC.  Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of: 15.2.5.13 E    Post To Finish
  (2) Interference, jostling or striking.
   (a) A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.
   (b) No jockey shall carelessly or willfully jostle, strike or touch another jockey or another jockey's horse or equipment.
  (3) Maintaining a straight course.
   (a) When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede or intimidate any other horse, it is a foul
 
Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 6/3/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-62 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer Jaime Aldavaz Sr having been duly notified, and having appeared before the Board of Stewards on June 3, 2016 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed overage of allowable limits for the Class IV drugs “Phenylbutazone” and “Flunixin” which was found in sample NM19414, after it was collected from the horse, “A Fancy La Jolla” which finished first in the 1st race, May 7, 2016, at SunRay Park;
 
(The original lab report indicated a finding of Phenylbutazone at 0.82 mcg/ml and Flunixin at 14.7 ng/ml in urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and denied.
 
 Jaime Aldavaz Sr is found to be in violation of:
 
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that “A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse’s body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels”.
 
 
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC:  Which states in pertinent part that “The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse.  A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule.  The Trainer is absolutely responsible regardless of the acts of third party.”
 
For this violation, the Board of Stewards assessed Jaime Aldavaz Sr. a penalty as follows;
 
   A fine in the amount of one thousand dollars ($1,000);
 
This is a third positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3)(c) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
                                            BY ORDER OF THE SUNRAY PARK BOARD OF STEWARDS
 
     ______________________               _______________________           _______________________
 
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: GREGORY SACCO Ruling Date: 5/30/2016
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 16MON6 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Gregory Sacco is hereby fined the sum of one hundred ($100.00) dollars for failing to have the foal papers for  "BULLY PROOF" on file with the horse identifier for the 7th race on May 15, 2016.    
 
Violation of NJAC Rule 13:70-6.13 - "No horse shall be allowed to start unless a Jockey Club registration certificate is on file with the horse identifier, and unless it has been liptattooed, with the exception that the stewards may, in their discretion and for good cause, waive these requirements if the horse is otherwise properly identified.  However, said horse shall be tattooed thereafter within a period of time that is reasonably practical."
Name: JOHAN A GONZALEZ-CASTILLO Ruling Date: 5/27/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-5 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/27/2016 Suspension End:
Ruling Text: Veterinarian Assistant/Intern, Johan Gonzalez-Castillo having appeared before the Board of Stewards on May 27, 2016, testing positive for prohibited substances cocaine and marijuana.

For this violation, the Board of Stewards issue Johan Gonzalez-Castillo a penalty of the following:

                1. A summary suspension of any/all New Mexico Racing Commission licenses, effective May 27, 2016.
15.2.1.9 B(3) Summary suspension. (a) If the stewards determine that a licensee's actions constitute an immediate danger to the public health, safety, or welfare, the stewards may summarily suspend the license pending a hearing. During said time of suspensionJohan Gonzalez-Castillo is denied access to all grounds under the jurisdiction of the New Mexico Racing Commission in accordance with 15.2.1.9(C)(21)(a) NMAC.

Name: JORGE MARTIN BOURDIEU Ruling Date: 5/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-51 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Jorge Martin Bourdieu, having appeared before the Board of Stewards on May 23, 2016 for a disciplinary hearing for conduct concerning his objection and Stewards review of the films.on May 9, 2016, was found in violation of Commission rules.

This ruling is in accordance with: NMAC: 16.47.1.8 GENERAL PROVISIONS L. GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF LICENSE::

(h) is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule;

NMAC 15.2.3.8.(B) (1) (d) B. Stewards. (1) General authority. The stewards for each meeting shall be responsible to the commission for the conduct of the race meeting in accordance with the laws of this state and these rules. (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties.

For this rule violation the Board of Stewards assessed Jorge Martin Bourdieu a penalty in the amount of Five hundred dollars ($500.00). The fine is to be paid on or before June 20, 2016 in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

Name: TODD WYATT FINCHER Ruling Date: 5/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-52 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
 
Lee having appeared before the Board of Stewards telephonically on 5/23/16, for failure to enter a horse in the correct race. Jaquill that was entered to run in the 7th race, on 5/14/16 at Sunray Park.  Licensee is found to be in violation of Commission rules.
 
Narrative:
 
For this rule violation, the Board of Stewards assessed a penalty in the amount of two hundred dollars ($200.00).   The fine is to be paid on or before 6/20/16 in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:  
C. OTHER RESPONSIBILITY:  A trainer is responsible for
 (17) representing an owner in making entries and scratches and in all other matters pertaining to racing; horses entered as to eligibility and weight or other allowances claimed;
(18) horses entered as to eligibility and weight or other allowances claimed
 
15.2.5.9 B  
(2) The scratch of a horse after closing shall be made by the owner, trainer or their licensed designee, with permission from the stewards
(4) No horse may be scratched from an overnight race without approval of the stewardsicens
 
Name: GUADALUPE MUNOZ Ruling Date: 5/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-50 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Issued in ERROR
Name: JOEL CHRISTOPHER STURGEON Ruling Date: 5/21/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-1 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

STIPULATED SETTLEMENT AGREEMENT

Wherein Appicant Joel Sturgeon, as the trainer responsible for the animal Tarcetti which tested positive for the substance Flunixin at a level of 46.0 ng/ml after finishing 1st in the 4th race at Ruidoso Downs Racetrack on June 22, 2015 was found to be violation of the State Racing Commission’s (the” Commission”) prohibition of Flunixin in excess of 20 ng/ml. As full and final resolution of this matter, Trainer, Joel Sturgeon agrees to the following penalties: (1) Waive of Rights. Licensee’s knowingly, intentionally and voluntarily waives his/her right to a hearing and the right to judicial appeal. This waiver includes, but not limited to, licensee’s right to a full evidentiary hearing including the right to present evidence and cross examine witnesses: and any right to appeal this settlement or any decision in connection with this settlement agreement. (2). A fine in the amount of two hundred fifty dollars ($ 250.00).

Effect of Settlement on Subsequent. With respect to the repeat offender penalty provisions in the Commission’s regulations at 15.2.6.9(c) NMAC, the positive test Flunixin arising from the animal “Tarcetti” performance on June 22, 2015 constitutes a “1st offense” of a Category 4C offense. Thus, the parties agree that any subsequent NMRC rules violation for a prohibited drug or a therapeutic medication at a prohibited level within 180 days of this settlement agreement may be subject to penalties under 15.2.6.9(c) NMAC as a 2nd offense. A second subsequent Category C offense, and any thereafter within 365 days of this settlement agreement shall be treated as a 2nd offense under 15.2.6.9(c) NMAC (Per the terms of a signed Stipulated Settlement Agreement, this Licensee knowingly and voluntarily waives his right to judicial appeal. This waiver includes but not limited to , Licensee’s right to ( a) a full evidentiary hearing, including the right to present evidence and cross-examine witnesses; and (b) any right to appeal this settlement or any decision by the Commission in connection with this Settlement Agreement.) This Settlement Agreement shall be deemed approved and executed upon being signed by both parties. This Settlement Agreement constitutes a full and complete resolution of all claims and defenses that either party did raise or could have raised with the respect to these proceeding and execution of this Settlement constitutes full and final resolution. It is so Stipulated and Agreed.

Name: MIGUEL M PEREZ Ruling Date: 5/8/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-26 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Miguel A Perez, having appeared before the Board of Stewards on this date for careless riding, while aboard “ Spring N Go” in the sixth race Monday April 25, 2016 at SunRay Park.

Miguel A Perez is found to be in violation of:

15.2.5.13 (E)(2)(a) NMAC: Which states in pertinent part “A Jockey shall not ride carelessly or willfully, so as to permit his/her mount to interfere with, impede, or intimidate any other horse in the race”.

15.2.5.13 (E)(3)(a) NMAC: Which states in pertinent part “When the way is clear, a horse may be ridden to any part of the course. But if any horse swerves or is ridden to either side, so as to interfere with, impede, or intimidate any other horse, it is a foul”.

For this violation, the Board of Stewards assessed Miguel A Perez a penalty in the amount of one hundred dollars ($100.00) and a warning to make better effort. The fine is to be paid on or before June 7, 2016, in accordance with 15.2.3.8 (B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.

Name: RAUL ZAVALA Ruling Date: 5/3/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Hialeah Park
Ruling Number: 2016-HIA-15 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Consent Order # 2016004261, F.S. 550.2415 violation.
Name: JOHN RAUL VALENZUEL Ruling Date: 4/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-283 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/22/2016 Suspension End: 6/25/2016
Ruling Text: Jockey John Raul Valenzuela, Jr., having failed to pay the fine assessed in Ruling 2016-SUN-54, is found to be in violation of:

15.2.1.9 (B)(7)(f) NMAC and 15.2.3.8 (B)(3)(1) NMAC: Which states in pertinent part “All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered”.

For this rule violation, all licenses issued to John Raul Valenzuela, Jr., are suspended, and he will be ineligible to apply for any future New Mexico Racing Commission license until the fines, as addressed above, have been paid in full.

During said time of applicable suspension, John Raul Valenzuela, Jr., is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9(C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Name: TANNER FIELDER Ruling Date: 4/20/2016
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: FON -13- Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/20/2016 Suspension End: 5/17/2016
Ruling Text: Having received proper notice for a Board of Stewards hearing April 20, 2016 and appeared, Assistant Starter Tanner Fielder is hereby suspended for the balance of the 2016 Fonner Park meet plus ten days thru May 17, 2016 for violation of Nebraska State Racing Commission Rule 18.001 (conduct detrimental to the best interest of racing (removed three horses from a quarantined area).

Tanner Fielder must make financial restitution to Fonner Park in the amount of $300.00 for fence repair.

This case is referred to the Nebraska Raing Commission with a Stewards recommendation that this penalty be extended to at least one year thru April 2017.

Mr. Fielder is denied the privileges of all grounds under the sanction of the Nebraska Racing Commission.

Name: TANNER FIELDER Ruling Date: 7/18/2016
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: FON -13--SA Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/20/2016 Suspension End: 5/17/2016
Ruling Text: RE: FON -13- - Settlement Agreement - Paid Fonner $300.00 on 718/2016
Name: REUBEN RIVERA Ruling Date: 4/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-274 Ruling Type: License Type Changed
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Jockey Agent and Assistant Starter license (#278532 and #277270) issued to Reuben Rivera is hereby rescinded, having terminated employment and no longer working in this licensed capacity.

This ruling is in accordance with:

16.47.1.8 (M)(2) NMAC: Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such a license”.

Name: JUAN CARLOS VILLANUE RAMIREZ Ruling Date: 4/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-263 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Juan Carlos Villanueva having been duly notified and appeared before the Board of Stewards on April 16, 2016 regarding his conduct towards another licensee (pushing another licensee in the jocks room).

Juan Carlos Villanueva is found to be in violation of:

16.47.1.8(L)(1)(h) NMAC: Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued or order disciplinary measures, if the applicant is a person whose conduct or reputation may reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meet. Interfering with the orderly conduct of the race meet shall include, but not limit to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds. The fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule.”

For this rule violation the Board of Stewards assessed Juan Carlos Villanueva a penalty of one hundred dollars ($100.00). The fine is to be paid on or before Date: May 17, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Name: LAUREN NICHOLE CARDOSO Ruling Date: 4/12/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-238 Ruling Type: Employment Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Licensee having been duly notified and appeared before the Board of Stewards on April 8, 2016, for working for Trainer Barbra Brown in a capacity in which she was not licensed for, an exercise rider working with an owners license.

Licensee was found to be in violation of Commission rules. Thus, for this rule violation, the Board of Stewards assessed licensee a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before May 12, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay this fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of the following rules:

16.47.1.8 L (1)(C) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: who is unqualified, by experience or otherwise, to perform the activities for which a license is required, or who fails to pass an examination prescribed by the commission.

Name: LAUREN NICHOLE CARDOSO Ruling Date: 4/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-238-MOD Ruling Type: Employment Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-SUN-238 - Modified Ruling Licensee having been duly notified and appeared before the Board of Stewards on April 8, 2016, for working for Trainer Barbra Brown in a capacity in which she was not licensed for, an exercise rider working with an owners license.

Licensee was found to be in violation of Commission rules. Thus, for this EMPLOYMENT violation WORKING WITH A VALID LICENSE, BUT IN A CAPACITY NOT LICENED FOR, the Board of Stewards assessed licensee a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before May 12, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay this fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of the following rules:

16.47.1.8 L (1)(C) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: who is unqualified, by experience or otherwise, to perform the activities for which a license is required, or who fails to pass an examination prescribed by the commission.

Name: WAYMON JERROD VARNER Ruling Date:
Jurisdiction: West Virginia Racing Commission Facility: Wheeling Downs
Ruling Number: 2016-WI-22 Ruling Type: Medication/Drug Violation - Animal
Breed: Greyhound Division: Dog
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
BEFORE THE BOARD OF JUDGES
WHEELING ISLAND RACETRACK
 
RULING #22
TO: Waymon Varner Trainer Cardinal Kennel
Trainer Permit #160697
 
On , the Board of Judges conducted a hearing regarding allegations set forth in Notice of Hearing issued April 9, 2016,  after considering the evidence, the Judges hereby find the following :
On 3/25/2016 race 6, the greyhound "Kay Rhea" tested positive for Methocarbamol.
 
Mr. Varner waived his right to a hearing and pleaded guilty.
 
The Judges conclude that the conduct of Waymon Varner violates section(s) I78-2-51.1 of the Greyhound Racing Rules, 178 C.S.R. 2 . The Judges hereby impose the following penalty:
Waymon Varner is hereby fined One Hundred  Dollars. ($100.00)
 
You have the right to appeal this Ruling to the Racing Commission . Your appeal must be received in the Commission Office within 20 days ofyour receipt ofthis Ruling and must include a security fee in the amount of$100.00.
 
Dated: 4/13/2016
 
Presiding Judge
Ralph Brehm
Name: David Jason Vigil Ruling Date: 3/27/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-194 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 4/7/2016 Suspension End: 10/4/2016
Ruling Text: Owner David Vigil having been duly notified, failed to appear, and had his hearing held in absentia on March 28, 2016, for admitting on record March 13, 2016, that he was responsible for program training with trainer Nichole Trujillo on September 11, 2015 at the New Mexico State Fair. David Vigil accepted responsibility for the clenbuterol positive that occurred in horse “Gone Already” who finished first place in the 9th race at The New Mexico State Fair. David Vigil is found to be in violation of Commission rules. For the violation of program trainer, the Board of Stewards assessed David Vigil a penalty:
    1. A fine in the amount of five thousand dollars ($5,000.00). The fine is to paid on or before April 27, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.
    2. A suspension of 180 days starting April 7, 2016, through October 4, 2016, inclusive.
During said time of applicable suspension, David Vigil is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of David Vigil are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Licensee is found to be in violation of the following rule (s): 16.47.1.10 NMAC. F (1) A program trainer, as defined in 15.2.1 NMAC, is a trainer who on behalf of an ineligible trainer or an undisclosed person: (a) enters into an agreement for the sole purpose of completing an entry form for a race. (b) pays an entry fee on behalf of an ineligible trainer or an undisclosed person; (c) receives a financial or beneficial interest for the sole purpose of being listed as the trainer on the official race program; or (d) obtains official works within New Mexico’s jurisdiction on behalf of an ineligible trainer or an undisclosed person.(2) A licensed trainer who violates Paragraph (1) of this subsection will be subject to the following penalties: (a) First offense - six month suspension and a $5,000 fine.

16.47.1.8 L (1)(C) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: who is unqualified, by experience or otherwise, to perform the activities for which a license is required, or who fails to pass an examination prescribed by the commission. 15.2.1.9 B. (4) d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards. The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection.

Name: JUAN CARLOS VILLANUE RAMIREZ Ruling Date: 3/26/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-191 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey, Juan C. Villanueva, appeared before the Board of Stewards, March 25, 2016, in regards to his failure to full-fill his riding engagement on March 5, 2016 in the 6th race on March 5, 2016. This was the number 8 horse Windchaser.

For this rule violation, due to mitagating circumstances that Mr Villanueva brought in a dotor's release the Board of Stewards assessed a penalty in amount of one hundred dollars ($100.00). The fine is to be paid on or before April 26, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

FOUND IN VIOLATION OF: 15.2.5.13 C. Jockey Requirements(3) Except as otherwise provided by this subsection, a jockey engaged for a certain race or a specified time may not fail or refuse to abide by the engagement agreement, unless excused by the Stewards. Failure to fulfill riding engagements may result in disciplinary action.

Name: REIMAR CABRERA Ruling Date:
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Hialeah Park
Ruling Number: 2016-HIA-41 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Consent Order # 2016006975, violation of F.S. 550.2415(1)(a)
Name: WAYMON JERROD VARNER Ruling Date:
Jurisdiction: West Virginia Racing Commission Facility: Wheeling Downs
Ruling Number: 2016-WI-12 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Greyhound Division: Dog
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
BEFORE THE BOARD OF JUDGES
WHEELING ISLAND RACETRACK
 
RULING #12
TO: Waymon Varner Trainer Cardinal Kennel
Trainer Permit #160697
 
On , the Board of Judges conducted a hearing regarding allegations set forth in Notice of Hearing issued February 23, 2016,  after considering the evidence, the Judges hereby find the following :
Waymon Varner Trainer Cardinal Kennel did bring to Sunday 2/21/2016 race 13 weign in the wrong dog for the race, causing a scratch.
Mr. Varner waived his right to a hearing and pleaded guilty.
 
The Judges conclude that the conduct of Waymon Varner violates section(s) I78-2-9.22b of the Greyhound Racing Rules, 178 C.S.R. 2 . The Judges hereby impose the following penalty:
Waymon Varner is hereby fined One Hundred  Dollars. ($100.00)
 
You have the right to appeal this Ruling to the Racing Commission . Your appeal must be received in the Commission Office within 20 days ofyour receipt ofthis Ruling and must include a security fee in the amount of$100.00.
 
Dated: 2/24/2016
 
Presiding Judge
Ralph Brehm
Name: JERRY T BENNETT Ruling Date: 12/19/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-635 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/19/2015 Suspension End:
Ruling Text: Trainer, JERRY T. BENNETT, having failed to pay the fine assessed in Ruling 2015-DAA-198.

JERRY T. BENNETT is found to be in violation of:

15.2.1.9 (B)(7)(f) NMAC and 15.2.3.8 (B)(3)(1) NMAC: Which states in pertinent part “All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered”.

For this rule violation, all licenses issued to JERRY T. BENNETT are suspended, and he will be ineligible to apply for any future New Mexico Racing Commission license until the fines, as addressed above, have been paid in full.

During said time of applicable suspension, JERRY T. BENNETT is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9(C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Name: ED WRIGHT Ruling Date: 12/13/2015
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #15-0151-D Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission and confirmed at Texas A & M Veterinary Medical Diagnostic Laboratory, sample number 0075559 taken from STAGE STREET, who finished second in the first race at Churchill Downs on September 19, 2015 contained phenylbutazone at a level of 6.5 ug/ml in blood. STAGE STREET is disqualified and all purse money forfeited. Pari-Mutuel wagering is not affected by this ruling. Upon receipt of this ruling all purse monies must be returned to the association. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (w).

810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section (6)(7) 810 KAR 1:018 Section 8, subsection (1)(a) 810 KAR 1:028, Section 4, subsection (3)(a)(c)

BY ORDER OF THE STEWARDS

Name: ROBERT LEE GRIEWAHN Ruling Date: 10/31/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-212 Ruling Type: Failure to Follow Facility Regulations
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Pony Person ROBERT GRIEWAHN, having appeared before the Board of Stewards on this date, with regard to a Security Citation issued on October 26, 2015, at Zia Park;

(Mr. Griewahn left a pony horse tied up near the Paddock area during the races. The horse got loose, and was later caught in the parking area adjacent to the racing surface. Griewahn was issued a Citation for leaving a horse unattended).

ROBERT GRIEWAHN is found to be in violation of:

15.2.3.8 (B)(1)(d) NMAC: Which states in pertinent part “The Stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the Stewards find any person culpable for any act or omission in violation of these regulations, or any violation of the Horse Racing Act, the person shall be subject to disciplinary action”.

For this rule violation, the Board of Stewards assessed ROBERT GRIEWAHN a penalty of probation for the remainder of this meeting (through December 15, 2015, inclusive). Any further related incidents shall be cause for disciplinary action.

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.




Name: EDWARD PAUL WEBB Ruling Date: 7/20/2016
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: 2015-RET-44-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 10/25/2015 Suspension End: 11/8/2015
Ruling Text:
RE: 2015-RET-44 - Ruling Final Outcome
 
On October 27, 2015, Mr. Webb filed an appeal and request for stay.  The appeal was accompanied by checks in payment of the $500 fine and of the $150 appeal bond.
 
At its meeting on June 14, 2016, the Commission affirmed the Stewards' decision.  The decision became final when it was not appealed to District Court by July 11, 2016.  A copy of the approved order may be found in the Commission's meeting materials for the June 14, 2016, meeting.  The signed copy is kept in the Legal Department's files in Austin.
Name: EDWARD PAUL WEBB Ruling Date: 10/24/2015
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: 2015-RET-44 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 10/25/2015 Suspension End: 11/8/2015
Ruling Text:
Owner/Trainer Edward Webb, having been duly noticed appeared in a hearing before the Lone Star Park Board of Stewards on 10/22/15. Upon consideration of the evidence and testimony presented, Edward Webb is hereby fined five hundred dollars and suspended fifteen (15) days (10/25/15 thru 11/08/15) for the Class 4 Medication Violation of Firocoxib @ 38.7 +/- 13.2 ng/ml. in the horse Cause I'm Sec Sea, Sample #RP042103 the winner of the fifth race at Retama Park on 09/05/15.

During the term of this suspension Edward Webb is denied access to all facilities under the jurisdiction of the Texas Racing Commission. Horses owned or trained by Edward Webb are denied entry pending sale or transfer to a party approved by the Board of Stewards.

First Violation in this category in 365 days.

The horse Cause I'm Sec Sea is hereby disqualified and declared unplaced in the fifth race at Retama Park on 09/05/15 with the purse to be redistributed as follows:

1. John Louis' Marq
2. Belle of Infinity
3. Lazer Blaze
4. Tess's Angel
5. Silver Spot
Unplaced: Cause I'm Sec Sea
Name: RONALD B ABRAMS Ruling Date: 10/10/2015
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 90-2015 DE Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
90-2015

A report from Truesdail Laboratories, Inc., the official Chemists of the Delaware Thoroughbred Racing Commission, showed that the blood sample 14813, taken from the horse "Agonistic", who finished first in the third race on Wednesday, September 23, 2015, tested positive for “Flunixin”. The Trainer of this horse, Mr. Ronald Abrams, RCI Id 2017179, DOB 7/9/1945, waived his right to a split sample.

Mr. Abrams waived his right to a hearing and under the authority of the Stewards, refer to D.T.R.C. 3.3.1, 3.3.3, 3.3.10, 3.4.1, 3.4.1.7, Mr. Abrams was found to be in violation of D.T.R.C. Rules 7.3.1, 7.3.6, 7.3.9, 10.8.1, 10.8.1.3, 15.1, 15.1.1.1, 15.1.1.2, 15.1.2.6, 15.1.2.7, 15.1.3.1, 15.1.3.1.1, 15.1.3.1.2, 15.1.3.1.3, 15.20 and 15.20.1 And is hereby fined the sum of five hundred ($500.00) dollars. This Violation shall incur One (1) Point towards the ARCI Medication point system. Refer to D.T.R.C. Rules 3.3, 3.4 and 3.4.1.15. Fine must be paid within 48 hours.
Name: ALEJANDRO HERRERA MEDELLIN Ruling Date: 9/27/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2015-NMS-65 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 10/13/2015 Suspension End: 11/11/2015
Ruling Text:
Licensee having appeared before the Board of Stewards on this date for misuse of the whip (hit his mount excessively in the Flank with the whip drawing blood) while aboard “Nohoneymoon” in the 10th race, on September 26, 2015 at The New Mexico State Fair ; licensee is found to be in violation of Commission rules.

THIS IS THE SECOND VIOLATION AT THIS MEET. The Board of Stewards assessed a penalty in the amount of One Thousand dollars ($1000.00) and a suspension from riding for 30 consecutive days from October 13, 2015 through November 11, 2015 inclusive. The fine is to be paid on or before October 27, 2015 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of:
Name: Ronald Lynn Stephens Ruling Date: 9/17/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2015-NMS-28 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Ronald Stephens having been notified by phone and waived his right to a hearing before the Board of Stewards on this date Sept 17, 2015, for failure to use equipment (flipping halter) at time of entry on the horse “Wdc Vital Sound”, entered in the third race, on Sept 16, 2015, at The State Fair Meet at the Downs of Albuquerque. Licensee is found to be in violation of Commission rules. NMAC: 15.2.5.8 (B10)

For this rule violation, the Board of Stewards assessed a penalty in the amount of fifty dollars ($ 50.00). The fine is to paid on or before Oct 17, 2015 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of:


NMAC: 15.2.5.8 (B10) Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards.
Name: Alvin Joseph Francis Ruling Date: 8/28/2015
Jurisdiction: Texas Racing Commission Facility: Gillespie County Fairground
Ruling Number: GCF593 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Owner-Trainer, Alvin Joseph Francis, Jr., having been duly noticed, failed to appear for a formal hearing before the Gillespie County Fair Board of Stewards on 08/28/2015. Mr. Francis is hereby fined one-hundred ($100.00) dollars, in-absentia, for failure to properly secure a commitment from Jockey Melody Brooks to ride the horse "LUCKY TRIPPER" in the 12th race at Gillespie County Fair on 08/08/2015, resulting in a late scratch of the horse from the race for unavailable substitute rider.
(1st violation in this classification within the past 365 days.)
Name: DICK CAPPELLUCCI Ruling Date: 8/22/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-147 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Licensee having appeared by phone before the Board of Stewards on this date August 18, 2015, for failure to declare equipment Blinkers ON at time of entry on the horse Hail Storm, entered in the fourth race, on August 25, 2015 , at Sunray Park. Licensee is found to be in violation of Commission rules.

For this rule violation, the Board of Stewards assessed a penalty in the amount of fifty dollars ($ 50.00). The fine is to paid on or before September 21, 2015 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of:

NMAC: 15.2.5.8 (B10) Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards.

Name: RAMON ROBERTO RIVERA Ruling Date: 7/19/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-163 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/30/2015 Suspension End: 1/26/2016
Ruling Text:
Trainer RAMON R RIVERA having been duly notified, and having appeared (with telephonic counsel) before the Board of Stewards on July 11, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) , for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM 12728 , after it was collected from the horse "Featuring This" which finished second in the 3rd race, Sunday, May 3, 2015, at the Downs At Albuquerque;
(The original lab report indicated a finding of Clenbuterol at 228 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by Industrial laboratories, which confirmed a finding of Clenbuterol at 211pg/ml, +/- 13 pg/ml).

RAMON R RIVERA is found to be in violation of:
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".

15.2.6.9 (P) NMAC: Which states in pertinent part "Clenbuterol in a post race test that exceeds the screening limit of 140 pg/ml in urine, will constitute a violation of NMSRC rules".

15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

For this violation, the Board of Stewards assessed RAMON R RIVERA a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 180 calendar days ( July 30, 2015, through January 26, 2016, inclusive); (2) A fine in the amount of two-thousand, five hundred dollars ($2,500.);
(3) Loss of purse of the 3rd race, Sunday, May 3, 2015, at the Downs At Albuquerque;
This is a second offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3)(b) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC. (A first offense case originally identified in a December 16, 2013 ruling was not adjudicated until October 20, 2014, ths making this a second offense within a 365 day period)).

During said time of applicable suspension, RAMONR RIVERA is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of RAMON R RIVERA are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

(Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings issued this date, at Ruidoso Downs).
BY ORDER OF THE RUIDOSO DOWNS BOARD OF STEWARDS

_____________________ _______________________ _____________________
DAVID KEITER NORM AMUNDSON ED L'ECUYER
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: RAMON ROBERTO RIVERA Ruling Date: 7/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-163-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/30/2015 Suspension End: 1/26/2016
Ruling Text: RE: 2015-RUI-163 - Appeal Submitted on July 27, 2015 received in main Commission Office in Albuquerque.
Name: RAMON ROBERTO RIVERA Ruling Date: 7/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-163-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/30/2015 Suspension End: 1/26/2016
Ruling Text: RE: 2015-RUI-163 - Appeal Stay Granted Pending the Appeal Process - Issued by District Judge Beatrice J. Brickhouse see Ruling
Name: SALVADOR RENTERIA SOTO Ruling Date: 7/10/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-35 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/10/2015 Suspension End: 10/5/2015
Ruling Text:
Trainer Salvador Soto having failed to pay the fines assessed in Ruling 2015-DAA-140 AND 2015-DAA-141

Salvador Soto is found to be in violation of:

15.2.1.9 (B)(7)(f) NMAC and 15.2.3.8 (B)(3)(1) NMAC: Which states in pertinent part
“All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered”.

For this rule violation, all licenses issued to , Salvador Soto. are suspended, and he will be ineligible to apply for any future New Mexico Racing Commission license until the fines, as addressed above, have been paid in full.

During said time of applicable suspension, Salvador Soto, is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9(C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.
Name: SALVADOR RENTERIA SOTO Ruling Date: 5/10/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-35-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/10/2015 Suspension End: 10/5/2015
Ruling Text: RE: 2015-SRP-35 - Restored to Good Standing having paid his fines on October 5, 2015.
Name: SALVADOR RENTERIA SOTO Ruling Date: 6/17/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-200 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Salvador Soto having been duly notified, and represented by Pat Bingham before the Board of Stewards on June 14, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the drug "Dexemethasone" which was found in sample NM11038, after it was collected from the horse, "Hi Class Local" which finished tenth in the 3rd race, January 4, 2015 at Sunland Park.

(The original lab report indicated a finding of Dexemethasone at 1777pg/ml in blood/serum. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and declined.

Trainer Salvador Soto is found to be in violation of:

15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".

15.2.6.9 (E)(1) NMAC: Which states in pertinent part "The permitted quantitative test level of Dexemethasone shall be administered in such dosage amount that the official test sample shall not exceed 5pg/ml of plasma".

15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

For this violation, the Board of Stewards assessed Trainer Salvador Soto a penalty as follows;

A fine in the amount one thousand dollars, ($1000.00)

In addition “Hi Class Local " is placed on the Veterinarians list, and must pass a Commission approved examination prior to being allowed any future entry, per 15.2.6.9 (C)(4)(a) NMAC.


This is a third positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3)(a) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: JOHNNY GONZALEZ Ruling Date: 6/17/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-201 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Owner Johnny Gonzalez having been duly notified, and represented by Pat Bingham before the Board of Stewards on June 14, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the drug "Dexemethasone" which was found in sample NM11038, after it was collected from the horse, "Hi Class Local" which finished tenth in the 3rd race, January 4,2015 at Sunland Park.

(The original lab report indicated a finding of Dexemethasone at 1777 pg/ml in blood/serum. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and declined.)

Owner Johnny Gonzalez is found to be in violation of:

15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".

15.2.6.9 (E)(1) NMAC: Which states in pertinent part "The permitted quantitative test level of Dexemethasone shall be administered in such dosage amount that the official test sample shall not exceed 5pg/ml of plasma".

For this violation, the Board of Stewards assessed owner Johnny Gonzalez a penalty as follows;

The horse “Hi Class Local " is placed on the Veterinarians list, and must pass a Commission approved examination prior to being allowed any future entry, per 15.2.6.9 (C)(4)(a) NMAC.

This is the first positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3)(a) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: Ross A Amestoy Ruling Date: 6/6/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-183 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Licensee having been appeared by phone before the Board of Stewards on June 5, 2015, for failure to declare equipment (Blinkers Off) at time of entry on the horse Storm With Flair, entered in the seventh race, on June 5, 2015, at The Downs of Albuquerque. Licensee is found to be in violation of Commission rules.

For this rule violation, the Board of Stewards assessed a penalty in the amount of fifty dollars ($ 50.00). The fine is to paid on or before July 5, 2015 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of:

NMAC: 15.2.5.8 (B10) Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards.
Name: Sergio Becerra Ruling Date: 4/12/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-420 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/12/2015 Suspension End: 4/23/2015
Ruling Text:
Jockey Sergio Becerra Jr., having failed to pay the fines assessed in rulings 2015-SUN-541, 2015-SUN-621, 2015-SUN-522, 2015-SUN-127, 2015-SUN-571, 2015-SUN-620, and 2015-SUN-520 issued in January 2015 at Sunland Park.

Sergio Becerra Jr. is found to be in violation of:
15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states in pertinent part that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.

For this rule violation, all licenses issued to Sergio Becerra Jr. are suspended, and he will be ineligible to apply for a New Mexico Racing Commission license until the fine has been paid in full.

During said time of applicable suspension, Sergio Becerra Jr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.
Name: Sergio Becerra Ruling Date: 4/23/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-420-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/12/2015 Suspension End: 4/23/2015
Ruling Text:
RE: 2015-SUN-420 - Restored to Good Standing
Jockey Sergio Becerra Jr., having paid the fines assessed in rulings 2015-SUN-541, 2015-SUN-621, 2015-SUN-522, 2015-SUN-127, 2015-SUN-571, 2015-SUN-620, and 2015-SUN-520 issued in January 2015 at Sunland Park is hereby restored to good standing by the Downs at Albuquerque Board of Stewards.
Name: MARIA SOLEDAD LARA Ruling Date: 4/7/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2015-Comm-73 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
LICENSEE: Office Personnel, MARIA MONROY, LICENSE #205787 is hereby rescinded having terminated employment and no longer working at Sunland Park, New Mexico in the licensed capacity.

This ruling is in accordance with:

16.47.1.8(M)(2) NMAC: Which states in pertinent pat that “A license is only valid under the condition that the licensee remains eligible to hold such a license.”

BY ORDER OF THE NEW MEXICO RACING COMMISSION

______________________________
VINCE MARES, AGENCY DIRECTOR
Name: SAM HAMILTON HOWARD Ruling Date: 2/22/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-220 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 3/4/2015 Suspension End: 5/3/2015
Ruling Text: Trainer, Sam Howard, having been notified, having waived 10 notice of hearing, and having appeared before the Board of Stewards on this date, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM10540, after it was collected from the horse "Prince Bob" which finished first in the 7th race, Saturday, October 25, 2014 at Zia Park. (The original lab report indicated a finding of Clenbuterol in urine at 582pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and accepted by, Sam Howard. The split was confirmed positive by LSU with a finding of 0.584ng/ml or 584pg/ml in urine). Sam Howard is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9 (P) NMAC: Which states in pertinent part “Clenbuterol in a post race test that exceeds the screening limit of 140pg/ml in urine will constitute a violation of NMSRC rules”. 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." For this violation, the Board of Stewards assessed Sam Howard a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of 60 calendar days (March 4, 2015 through May 3, 2015, Inclusive); (2) A fine in the amount of one-thousand dollars ($1,000.00.); (3) Loss of purse of the7th race, Saturday, October 25, 2014 at Zia Park.. This is a first offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC. During said time of applicable suspension, Sam Howard is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Sam Howard are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. (Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings, issued this date, at Sunland Park). Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: JESUS SANCHEZ Ruling Date: 1/29/2015
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2015-CT-27 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/4/2015 Suspension End: 2/7/2015
Ruling Text:
allowed his mount to drift in and cause interference to inside horses
Name: ALBERTO BORUNDA Ruling Date: 7/13/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-505-REST Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 1/8/2015 Suspension End: 7/7/2015
Ruling Text: RE: 2014-SUN-505 - Restored to Good Standing FINE PAID
Name: ALBERTO BORUNDA Ruling Date: 12/29/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-505 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 1/8/2015 Suspension End: 7/7/2015
Ruling Text:
Owner and Groom Alberto Borunda, having been duly notified, appeared telephonically before the Sunland Park Board of Stewards on December 28, 2014 regarding the contents found during a vehicle search, in which Mr. Borunda was randomly selected, on August 14, 2014 at Ruidoso Downs Race Track stable gate (on association grounds), located in Ruidoso, New Mexico. During a search of his vehicle, a 12 cc syringe and a separate hypodermic needle was discovered. (Mr. Borunda had no horses entered to run at that time).

ALBERTO BORUNDA is found to be in violation of:

15.2.6.9 NMAC: The "uniform classification guidelines for foreign substances and recommended penalties and model rule", January 2014, version 7.0 and "ARCI controlled therapeutic medication schedule", version 2.1 revised April 17, 2014 (furosemide has been modified in the "ARCI controlled therapeutic medication schedule, refer to Subsection E of 15.2.6.9 NMAC for current rule) as issued by the Association of Racing Commissioners International, are incorporated by reference. Upon a finding of a violation of any medication and prohibited substances rule, which includes the possession of contraband as listed in 15.2.6.9 NMAC, the stewards shall consider the classification level of the violation as listed at the time of the violation by the uniform classification guidelines of foreign substances as promulgated by the association of racing commissioners international and impose penalties and disciplinary measures as determined by the New Mexico Racing Commission.

15.2.6.8 B. NMAC :
(3) No person shall possess on any location under the jurisdiction of the commission any of the following unless approved by the commission:
(a) any drug which is a narcotic, stimulant, or depressant, or any other substance or medication that has been prepared or packaged for injection by a hypodermic syringe, or hypodermic needle;
(b) any hypodermic syringe, hypodermic needle or any equipment associated with the aid of intravenous administration.
(7) The recommended penalty (in absence of mitigating circumstances) for violation of Paragraph (3) of Subsection B of 15.2.6.8 NMAC is a fifteen hundred dollar ($ 1,500) fine and a six month suspension.

For this rule violation, the Board of Stewards assessed Alberto Borunda a penalty in the amount of fifteen-hundred dollars ($1500.00) fine and a 6 month suspension (January 8, 2015 – July 7, 2015 inclusive).

The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.
During said time of applicable suspension, Mr. Borunda, is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Additionally, effective upon applicable suspension dates, all horses owned by Mr. Borunda, are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS

_______________________ ________________________ ________________________________
CONNIE ESTES DAVID KEITER ED L'ECUYER
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main commission offices or with the Stewards who issued the ruling.

Name: LUIS VILLALPANDO ZAMORA Ruling Date: 12/22/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-487 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/22/2014 Suspension End: 7/23/2016
Ruling Text:
Jockey Luis V. Zamora, having failed to pay the fines assessed in ruling #2014-ZIA-300, issued 11/18/2014, at ZIA PARK;

Luis V. Zamora is found to be in violation of:
15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states in pertinent part that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.”

For this rule violation, all licenses issued to Luis V. Zamora are suspended, and he will be ineligible to apply for a New Mexico Racing Commission license until the fine has been paid in full.

During said time of applicable suspension, Luis V. Zamora is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.
Name: LUIS VILLALPANDO ZAMORA Ruling Date: 7/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-487-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/22/2014 Suspension End: 7/23/2016
Ruling Text: RE: 2014-SUN-487 - Restored to Good Standing PAID FINE
Name: MAGGIE ALDAVAZ Ruling Date: 12/6/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-385 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
The Commission Staff license issued to Maggie Aldavaz is hereby rescinded. Mrs. Aldavaz is not currently working in this capacity.

Additionally, should Mrs. Aldavaz desire to work in as a Commission Staff in the future, she will need to seek approval of the New Mexico Racing Commission prior to working in this capacity.

This ruling is in accordance with:

15.2.3.8 (A)(1) NMAC: Which states in pertinent part “To qualify as a racing official, the applicant shall be of good character and reputation, demonstrate experience in flat racing, be familiar with the duties of the position, and with the Commission’s rules of flat racing, and show an ability to fulfill the requirements of the position.

15.2.3.8(A)(2) NMAC: Which states in pertinent part “The Commission, in its sole discretion, may determine the eligibility of a racing official and, in its sole discretion, may approve or disapprove any such official for licensing”.

(Mrs. Aldavaz currently holds an Owner's license, and acts in this capacity).
Name: MAGGIE ALDAVAZ Ruling Date: 6/10/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-385-REST Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2014-SUN-385 - Restored to Good Standing No Longer employed with NMRC
Name: LUIS VILLALPANDO ZAMORA Ruling Date: 11/18/2014
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2014-ZIA-300 Ruling Type: Failure to Report or Make Correct Weight
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Jockey Luis Zamora having been properly notified to his last known address, and having failed to appear for a before the Board of Stewards for a scheduled hearing on this date, said hearing was held in absentia, for failure to honor or be excused from his riding engagement on October 19, 2014 (race 3) at Zia Park.

Narrative: Luis Zamora failed to notify stewards he would not be present to ride.

For this rule violation, the Board of Stewards assessed Luis Zamora a penalty in the amount of two hundred dollars $200.0. The fine is to be paid on or before December 18, 2014 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of:

15.2.5 C (3) NMAC: Which states in pertinent part that “Except as otherwise provided by this subsection, a jockey engaged for a certain race or for a specified time may not fail to abide by the engagement agreement, unless excused by the stewards. Failure to fulfill riding engagements may result in disciplinary action”.
Name: LUIS VILLALPANDO ZAMORA Ruling Date: 7/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2014-ZIA-300-REST Ruling Type: Failure to Report or Make Correct Weight
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2014-ZIA-300 - Restored to Good Standing Having paid fine
Name: MAGGIE ALDAVAZ Ruling Date: 8/29/2014
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2014-DAA-55 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
The horse " Bp Takem Away" that finished fourth, in the 9th race, on 12/06/2014, at Sunland Park, was disqualified for interference. As a result of the disqualification, this horse was placed 8th, behind the horse with which it interfered.

The following is the new order of finish as ordered by the Board of Stewards:

1st Runaway E T 6th Little Affection
2nd Ncc Firefly 7th Bp Painted Mariah
3rd ByeBye Eagle Eye 8th Bp Takem Away
4th Mooncielago B Scratch – Famous Patriot
5th Jet Version

This ruling is in accordance with the following provisions of:
Name: VICTOR MENDOZA ESCOBAR Ruling Date: 8/24/2014
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2014-DAA-45 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Licensee, Trainer, Victor Escobar having appeared telephonically before the Board of Stewards on August 23, 2014 for entering an ineligible horse Veramonte which resulted in a program scratch in the second 2nd race, on August 22nd, 2014 at The Downs at Albuqerque.

Narrative: (Mr. V. Escobar entered this horse in a race for 870 yards and did not have a 66o yard work-out around the turn, which was necessary to be eligible to be entered in this race. )

For this rule violation, the Board of Stewards assessed a penalty in the amount of $ 100.00 dollars. The fine is to be paid on or before September 22, 2014 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of: 15.2.5.12 Horse Ineligible: A horse shall be ineligible to start in a race when: L. it lacks sufficient official published workouts or race past performance(s).

Name: RENE SAUCEDO Ruling Date: 8/10/2014
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 0540414 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING#: 0540414 TRACK: RUIDOSO DOWNS DATE: August 10, 2014 Trainer RENE SAUCEDO (DOB: 11/24/1968 NMSRC LICENSE #56082732) having appeared telephonically before the Board of Stewards on August 9, 2014, for failure to have the registration certification on file for "Rabbits Cowboy" that ran in the fourth race, Saturday, August 9, 2014, at Ruidoso Downs, which resulted in a subsequent disqualification; RENE SAUCEDO is found to be in violation of: 15.2.5.12(B) NMAC: Which states in pertinent part "A horse shall be ineligible to start in a race when its breed registration certificate is not on file with the racing secretary." 16.47.1.10(C)(7) NMAC: Which states in pertinent part that "A Trainer is responsible for registering with the racing secretary each horse in his/her charge within 24 hours of the horse's arrival on association grounds." For this rule violation, the Board of Stewards assessed RENE SAUCEDO a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before September 10, 2014, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. BY ORDER OF THE RUIDOSO DOWNS BOARD OF STEWARDS DAVID KEITER CONNIE ESTES ED L'ECUYER Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices or with the Stewards who issued the ruling.
Name: RENE SAUCEDO Ruling Date: 5/29/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3508814 Ruling Type: Penalty Affirmed
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: BEFORE THE NEW MEXICO RACING COMMISSION OF THE STATE OF NEW MEXICO IN THE MATTER OF THE APPEAL BY TRAINER AND OWNER RENE SAUCEDO, (LIC. NO. 53182733), OF RULING NOS. 0182913, 0183913, AND 0184913 ISSUED BY THE ZIA PARK BOARD OF STEWARDS ON OCTOBER 28, 2013 RULING: 3508814 DECISION AND ORDER WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on May 15, 2014, on review of a hearing officer's report by the above named Appellant; WHEREAS, the Commission reviewed the hearing officer's report and hearing material; WHEREAS, at this time, the Commission cannot adequately reach a decision on this matter without further findings; WHEREAS, pursuant to Rule 15.2.1.9(C)(15)(d) NMAC, the Commission may remand the proceeding to the Hearing Officer and reopen the hearing for further examination; WHEREAS, the Commission voted unanimously to remand this matter back to the Hearing Officer to make additional findings of fact on the issue of notice provided to Mr. Saucedo in connection with (1) the proceedings before the Stewards, as well as, (2) proceedings before the Hearing Officer; and WHEREAS, the Commission requests that the Hearing Officer reopen the record in this matter for the purpose of receiving additional testimony and evidence on the exclusive issue of notice. IT IS THEREFORE ORDERED that pursuant to this request, this matter is hereby remanded to the Hearing Officer to make additional findings of fact on the issue of notice. The Hearing Officer shall submit her additional findings of fact to the Commission within ninety (90) days from the date of this Order. The Hearing Officer's findings of fact, as well as the parties' arguments and presentations on remand, shall be limited only to the issue of notice. FOR THE NEW MEXICO RACING COMMISSION Date: ____________ _________________________________ Robert M. Doughty III Chairman
Name: EARL DEAN ARMSTRONG Ruling Date: 3/29/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3351514 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING#: 3351514 TRACK: Sunland Park DATE: March 29, 2014 Trainer EARL DEAN ARMSTRONG, ( DOB: 06/14/1954 LICENSE #:96074317), having appeared before the Board of Stewards on This date for not notifying the Stewards and appointing a substitute Trainer or Assistant Trainer to take over his/her duties during his/her absence from the track. EARL DEAN ARMSTRONG is found to be in violation of: 16.47.1.10(E)(1) NMAC: Which states in pertinent part that " If any licensed Trainer is prevented from performing his/her duties, or is absent from the track where he/she is participating, the Stewards shall be immediately notified, and at the same time, a substitute Trainer, or Assistant Trainer, acceptable to the Stewards, shall be appointed. The Stewards shall be advised when the regular Trainer resumes his/her duties." 16.47.1.10 C (7) NMAC: Which states in pertinent part that "A trainer is responsible for training all horses owned wholly or in part by him which are participating at the race meeting:" 16.47.1.10 C (23) NMAC: Which states in pertinent part that "A trainer is responsible for personally attending to his horse in the paddock and supervising the saddling thereof, unless excused by the stewards." For this violation, the Board of Stewards assessed EARL DEAN ARMSTRONG a penalty of a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before: April 29, 2014 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS ED L'ECUYER RON WALKER DAVID KEITER Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main commission offices or with the Stewards who issued the ruling.
Name: RENE SAUCEDO Ruling Date: 6/2/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3450814 Ruling Type: Penalty Affirmed
Breed: Mixed Division: Horse
Fine Amount: $ 10000 Fine Paid: Y
Suspension Start: Suspension End: 7/1/2016
Ruling Text:
BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO IN THE MATTER OF THE APPEAL OF TRAINER RENEE SAUCEDO, (DOB: 11/24/1968), (LIC # 56082732), OF RULING #2897513 ISSUED BY THE SUNLAND PARK OF STEWARDS ON APRIL 13, 2013.

AND IN THE MATTER OF THE APPEAL OF TRAINER RENNE SAUCEDO, (DOB: 11/24/1968),(LIC# 56082732), OF RULING #0030613 ISSUED BY THE SUNRAY PARK BOARD OF STEWARDS ON MAY 19, 2013 RULING # 3450814

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on March 13, 2014 on review of a hearing officer's report by the above named Appellant;

WHEREAS, proper notice was given to those parties entitled to notice;

WHEREAS, the Commission reviewed the hearing officer's report and all related hearing material;

WHEREAS, the hearing officer's report is attached to this Decision and Order;

WHEREAS, the Commission voted unanimously to adopt the Hearing Officer's Findings of Fact and Conclusions of Law;

WHEREAS, the Commission finds that Appellant's actions constitute a violation of New Mexico Racing Commission Rules;

WHEREAS, the Commission finds there to be sufficient evidence to support the finding of a violations on behalf of Appellant;

WHEREAS, the Commission voted unanimously to adopt the penalty recommendations of the Hearing Officer.

IT IS THEREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance in a horse he is training. As such, Appellant and his horse shall be assessed a penalty as follows:

I. A fine in the amount of (i) ten thousand dollars ($10,000) for the first offense violation of a Category A drug for the presence of Zipaterol; (ii) ten thousand dollars ($10,000) for the first offense violation of a Category A drug for the presence of Zipaterol; (iii) one thousand dollars ($1,000) for the first offense violation of a Category C drug for the presence of Carbazochromoe for a total fine amount of twenty-one thousand dollars ($21,000);

II. A suspension of three (3) years for the first offense violation of a Category A drug for the presence of Zipaterol and, upon the expiration of the initial three year suspension, a license revocation with no reapplication of any license issued by the Commission for an additional three (3) year period for the second offense violation of a Category A drug for the presence of Zipaterol for a total suspension of six (6) years;

III. Loss of purse for the horses with Category A violations (Whata Lucky Man and Minister Cyberset);
IV. These two horse be unplaced;
V. The horse Whata Lucky Man be placed on the veterinarian's list for ninety (90) days;
VI. The horse Minister Cyberset be placed on the veterinarian's list for ninety (120) days; and
VII. These two horses must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.

This Decision and Order shall be served upon Appellant in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.

Name: Ross A Amestoy Ruling Date: 3/7/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3257514 Ruling Type: Race Office/Track Rule Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING#: 3257514 TRACK: Sunland Park DATE: March 07, 2014 Trainer ROSS A. AMESTOY, (DOB: 06/25/1959 LICENSE #56082654), having appeared, by telephone, before the Board of Stewards on this date for failure to declare equipment: (flipping halter on) at time of entry on the horse "Royal Moonflash", entered in the second race, on Tuesday, March 04, 2014, at Sunland Park ROSS A. AMESTOY is found to be in violation of: 15.2.5.8(B)(9) NMAC: Which states in pertinent part that "Any approved change of equipment must be declared at time of entry." 15.2.5.13(A)(7)(d) NMAC: Which states in pertinent part that "No licensee may change any equipment used on a horse in its last race without approval of the paddock judge or stewards. For this rule violation, the Board of Stewards assessed ROSS A. AMESTOY a penalty of a fine in the amount of fifty dollars ($50.00). The fine is to paid on or before April 07, 2014 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS ED L'ECUYER RON WALKER DAVID KEITER Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main commission offices or with the stewards who issued the ruling.
Name: JOHN ALLEN STINEBAUGH Ruling Date: 2/10/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3176514 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING#: 3176514 TRACK: SUNLAND PARK DATE: February 10, 2014 Trainer JOHN STINEBAUGH (DOB: 05/03/1957, LIC#56082391), having been duly notified, and having appeared (with counsel) before the Board of Stewards on this day, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the Class III drug "Sildenafil", which was found in sample NM02358 after it was collected from the horse "My Dancin Angel", which finished fourth in the 6th race, Friday, July 5, 2013, at Ruidoso Downs. (The original lab report indicated a finding of Sildenafil at 0.9 ng/ml. (900 pg/ml) Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, but not sent. Additionally, there are no acceptable test limit levels for this drug, and Class III-Penalty A drugs of this nature have a high potential for affecting the outcome of a race, and have no approved or indicated use in a horse). JOHN STINEBAUGH is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (a) drugs or medications for which no acceptable levels have been established". 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." This is a first positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(1)a NMAC. For this violation, the Board of Stewards assessed JOHN STINEBAUGH a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of three calendar years (February 20, 2014 through February 20, 2017, inclusive); (These dates are associated with other rulings, and may become effected immediately if those rulings are amended) (2) A fine in the amount of ten thousand dollars ($10,000); (3) Loss of purse of the sixth race, Friday, July 5, 2013, at Ruidoso Downs. (4) Due to the presence of a Class III-A finding in a post-race sample, this matter is hereby referred to the NMRC for any action deemed necessary, per 15.2.3.8 (B)(3)(j) NMAC; The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC. During said time of applicable suspension, JOHN STINEBAUGH is hereby excluded from all areas under the jurisdiction of the NMSRC, in accordance with 15.2.1.9(C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC; Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of JOHN STINEBAUGH are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC; (Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings 3177514, 3178514, and 3179514 issuedued this date, at Sunland Park). BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS RON WALKER ED L'ECUYER DAVID KEITER Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: JOHN ALLEN STINEBAUGH Ruling Date: 3/9/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3176514-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 3176514 - Ruling Final Outcome- The Commission declines to adopt the Hearing Officer Report filed 1-7-16. The Commission finds that this matter should be dismissed.
Name: GUADALUPE MUNOZ Ruling Date: 1/26/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3126514 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer GUADALUPE MUNOZ, JR (DOB: 11/28/1981 NMSRC LICENSE # 46079366 )
having appeared before the Board of Stewards on January 18, 2014, regarding the entry of "Run Dj Run" in the third race, Friday, January 24, 2014, at Sunland Park;

(Munoz admitted to having entered the horse "Run Dj Run" for the incorrect race condition/entered for the claiming price condition vs. allowance conditions, which resulted in a subsequent change after entries had closed).

This ruling is in accordance with:

15.2.5.8 (B)(6) NMAC: Which states in pertinent part "No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the Stewards"

15.2.3.8(B)(l)(d) NMAC: Which states in pertinent part that "The Stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the Stewards find any person culpable for any act or mission in violation of these regulations or any violations of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension or revocation/denial of license or any combination of these penalties."

For this rule violation, the Board of Stewards assessed GUADALUPE MUNOZ, JR a penalty in the amount of one-hundred dollars ($100.00). The fine is to be paid by February 26, 2014, in accordance with 15.2.3.8(B) (3) (1) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.
Name: ABRAHAM JAQUEZ Ruling Date: 1/24/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3398814 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/24/2014 Suspension End: 1/24/2017
Ruling Text:
WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on January 9, 2014 on review of a hearing officer's report by the above named Appellant;
WHEREAS, proper notice was given to those parties entitled to notice;

WHEREAS, the Commission reviewed the hearing officer's report and all related hearing material;
WHEREAS, the hearing officer's report is attached to this Decision and Order;

WHEREAS, the Commission voted unanimously to adopt the Hearing Officer's Findings of Fact and Conclusions of Law;
WHEREAS, the Commission finds that Appellant's actions constitute a violation of New Mexico Racing Commission Rules;
WHEREAS, the Commission finds there to be sufficient evidence to support the finding of a violations on behalf of Appellant;
WHEREAS, the Commission voted unanimously to adopt the penalty recommendations of the Hearing Officer .
IT IS TH EREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other



prohibited substance in a horse he is training. As such, Appellant and hi horse shall be assessed

a penalty as follows:

I. A fine in the amount of ten thousand dollars ($10,000) (as this penalty it greater than the 10% of the purse amount);
II. A three (3) year suspension;
III. Loss of purse;

IV. The horse be unplaced;

V. The horse be placed on the veterinarian's list for ninety (90) days; and

VI. The horse must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.
This Decision and Order shall be served upon Appellant in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by fi ling in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.
Name: GUADALUPE MUNOZ Ruling Date: 1/24/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3397814 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on January 9, 2014 on review of a hearing officer's report by the above named Appellant;
WHEREAS, proper notice was given to those parties entitled to notice;
WHEREAS, the Commission reviewed the hearing officer's report and all related hearing material;
WHEREAS, the hearing officer's report is attached to this Decision and Order;
WHEREAS, the Commission voted unanimously to adopt the Hearing Officer's Findings of Fact and Conclusions of Law;
WHER EAS, the Commission voted unanimously to adopt the Stipulated Facts entered by the parties and hereby attached to this Decision and Order;
WHEREAS, the Commission finds that Appellant's actions constitute a violation of New Mexico Racing Commission Rules;
WHEREAS, the Commission finds there to be sufficient evidence to support the finding of a violations on behalf of Appellant;
WHEREAS, the Commission voted unanimously to adopt the penal ty recommendations of the Hearing Officer.
IT IS THEREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance in a horse he is training. As such, Appellant and his horse shall be assessed a penalty as follows:
l. A fine in the amount of (a) five hundred dollars ($500) for the first offense violation for impermissible levels of 16 Hydroxystanozolol and (b) one thousand five hundred ($1,500) for the second offense violation for impermissible levels of Clenbterol for a total fine amount of two thousand dollars ($2,000);
      1. A suspension for (a) fifteen (15) days for the first offense violation for impermissible levels of 16 Hydroxystanozolol and (b) ninety (90) days for the second offense violation for impermissible levels of Clenbuterol for a total suspension of l05 days;
      2. Loss of purse for both horses;

IV. Both horses be unplaced; and

V. Both horses must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.
This Decision and Order shall be served upon Appellant in accordance with law. Pursuant to Rule 1-075 N M RA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.
Name: DONALD R WATSON Ruling Date: 5/8/2013
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 20072 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Struck his mount during the warmup for race 10, May 03, 2013.
Name: DONALD R WATSON Ruling Date: 6/24/2011
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 18765 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Whip mount prior to the running of race 8, June 23, 2011.
Name: DONALD R WATSON Ruling Date: 2/13/2011
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 18501 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Misuse of whip during the running of race 1, February 08, 2011.
Name: DONALD R WATSON Ruling Date: 5/1/2010
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 17962 Ruling Type: General/Miscellaneous Rulings
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Late for alcohol breath test.
Name: JESUS SANCHEZ Ruling Date: 4/8/2009
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-136 Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 4/9/2009 Suspension End: 5/8/2009
Ruling Text: Jockey Jesus Sanchez, D.O.B. 10/10/75 Permit No. 33086, is fined One ($1000.) Thousand Dollars and is suspended for thirty (30) days beginning Thursday, April 9,2009 through and including Friday, May 8, 2009, for being found in violation of Rules of Racing as follows:

178-1-60.1 A person guilty of any dishonest or corrupt practices, fraudulent act, or. Other conduct detrimental to racing, committed while within or without any racing enclosure, whether an occupational permit holder or not, shall be removed from all racing grounds under the jurisdiction of the Racing Commission. It is the duty of the stewards and those authorized.by them to exclude from all places under their jurisdiction persons who commit the offenses.

178-1-60.5 No person shall conspire with any other person for the commission of a corrupt or fraudulent act or practice, or connive with any other person in any corrupt or fraudulent practice in relation to racing nor commit an act on his or her own account.

178-1-60.16 No person who is of ill repute or whose conduct at a race track in West Virginia or elsewhere is or has been improper, obnoxious, unbecoming or detrimental to the best interest of racing shall enter or remain upon the premises of any licensed association conducting a race meeting under the jurisdiction of the Racing Commission. The stewards shall fine, suspend or eject the person from the race track.

178-1-63.3 If the overweight is more than two (2) pounds in excess of the weight the horse is to carry, with the owner or trainer consenting, the jockey shall declare the amount of overweight to the clerk of the scales at the time appointed. The clerk shall have the overweight displayed immediately on the notice board or announce publicly. The judges shall report to the Stewards any failure on the part of any jockey to comply with this subsection.

Having been found guilty of dishonest acts in relation to conspiring along with the Clerk of Scales and on his own account failing to report proper and correct overweight and fraudulently doing his assigned weight, (doing unreported overweights).

By Order of the Stewards

Name: JESUS SANCHEZ Ruling Date: 9/2/2014
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-136-ACC Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 4/9/2009 Suspension End: 5/8/2009
Ruling Text: RE: 2009-CT-136 - Appeal Submitted to Circuit Court
Name: JESUS SANCHEZ Ruling Date: 9/2/2014
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-136-RO Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 4/9/2009 Suspension End: 5/8/2009
Ruling Text: RE: 2009-CT-136 - Ruling Overturned
Name: JESUS SANCHEZ Ruling Date: 11/3/2015
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-136-ACOMM Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 4/9/2009 Suspension End: 5/8/2009
Ruling Text: RE: 2009-CT-136 - Appeal Submitted by Commission
Name: JESUS SANCHEZ Ruling Date: 11/18/2015
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-136-FO Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 4/9/2009 Suspension End: 5/8/2009
Ruling Text: RE: 2009-CT-136 - Ruling Final Outcome

Appeal from the Circuit Court of Kanawha County The Honorable Paul Zakaib, Jr., Judge Civil Action No. 09-C-688

REVERSED

SYLLABUS BY THE COURT

1. “On appeal of an administrative order from a circuit court, this Court is bound by the statutory standards contained in W. Va. Code § 29A-5-4(a) and reviews questions of law presented de novo; findings of fact by the administrative officer are accorded deference unless the reviewing court believes the findings to be clearly wrong.” Syl. pt. 1, Muscatell v. Cline, 196 W. Va. 588, 474 S.E.2d 518 (1996).

2. “In cases where the circuit court has amended the result before the administrative agency, this Court reviews the final order of the circuit court and the ultimate disposition by it of an administrative law case under an abuse of discretion standard and reviews questions of law de novo.” Syl. pt. 2, Muscatell v. Cline, 196 W. Va. 588, 474 S.E.2d 518 (1996).

3. “In the absence of any definition of the intended meaning of words or terms used in a legislative enactment, they will, in the interpretation of the act, be given their common, ordinary and accepted meaning in the connection in which they are used.” Syl. pt. 1, Miners v. Hix, 123 W. Va. 637, 17 S.E.2d 810 (1941), overruled on other grounds by Lee-Norse Co. v. Rutledge, 170 W. Va. 162, 291 S.E.2d 477 (1982).

4. “Evidentiary findings made at an administrative hearing should not be reversed unless they are clearly wrong.” Syl. pt. 1, Francis O. Day Co. v. Dir., D.E.P., 191 W. Va. 134, 443 S.E.2d 602 (1994).

5. “The ‘clearly wrong’ and the ‘arbitrary and capricious’ standards of review are deferential ones which presume an agency’s actions are valid as long as the decision is supported by substantial evidence or by a rational basis.” Syl. pt. 3, In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (1996).

6. “‘Substantial evidence’ requires more than a mere scintilla. It is such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. If an administrative agency’s factual finding is supported by substantial evidence, it is conclusive.” Syl. pt. 4, In re Queen, 196 W. Va. 42, 473 S.E.2d 483 (1996).

Benjamin, Justice:

Petitioner West Virginia Racing Commission (“the Commission”) appeals the September 2, 2014, order of the Circuit Court of Kanawha County that reversed the Commission’s order that suspended the occupational permit of each of seven respondent jockeys for thirty days and imposed a fine of $1,000 each for violating a rule governing horse racing. After review of the circuit court’s order, the assignments of error, the applicable law, and pertinent portions of the appendix, for the reasons stated below, we reverse the circuit court’s order.

I. FACTUAL AND PROCEDURAL BACKGROUND

The Commission is charged with overall regulation of horse racing in West Virginia.2 The respondents are seven jockeys who hold permits issued by the Commission which allow them to ride thoroughbred horses at State racetracks. Prior to each race, the jockeys must weigh out by stepping onto a digital scale operated by a clerk of scales who is an employee of the racetrack. A jockey’s weight is used to determine which horse he will ride in the upcoming race. Generally, younger horses are assigned lighter jockeys, and more mature or better-performing horses are assigned heavier jockeys. The purpose of having horses carry different weights is to make the races more competitive. The betting public is informed if a jockey is overweight prior to a race, and this information is used in making wagering decisions.

In March of 2009, management of the racetrack at Charles Town Races & Slots heard rumors that certain jockeys were permitted to ride in excess of their stated weights. As a result, track management installed two hidden surveillance cameras in the area where the weigh outs occur. The day after video recordings were made of weigh-outs, the clerk of scales was relieved of his duties and removed from the track. Thereafter, the respondents were summoned to hearings on allegations that they had engaged in corrupt activities and ridden at weights in excess of their reported weights.

In April 2009, the board of stewards concluded that the respondents had violated certain provisions of the West Virginia Code of State Rules including failure to declare an overweight amount.3 The board of stewards imposed a $1,000 fine on each of the jockeys and a thirty-day suspension of each of the jockey’s occupational permits. The respondents appealed the decision of the board of stewards to the Commission.4 The administrative de novo hearing before the Commission hearing examiner occurred over five days in August and September 2009. In his recommended decision, the hearing examiner found that the respondents were guilty of conniving with the clerk of scales in the commission of a corrupt practice by engaging in improper weigh outs. This decision was adopted by the Commission which suspended each respondent’s occupational permit for thirty days and imposed the fine of $1,000 each.

The respondents appealed the Commission’s decision to the Circuit Court of Kanawha County which reversed and vacated the Commission’s order in its September 2, 2014, final order. The circuit court found that the Commission engaged in improper rule-making by defining two terms in an administrative rule, and that the retroactive application of the new rule to the respondents’ conduct was unlawful. The Commission now appeals the circuit court’s ruling to this Court.

II. STANDARD OF REVIEW This Court has held that

[o]n appeal of an administrative order from a circuit court, this Court is bound by the statutory standards contained in W. Va. Code § 29A-5-4(a) and reviews questions of law presented de novo; findings of fact by the administrative officer are accorded deference unless the reviewing court believes the findings to be clearly wrong.

Syl. pt. 1, Muscatell v. Cline, 196 W. Va. 588, 474 S.E.2d 518 (1996). Moreover, “[i]n cases where the circuit court has amended the result before the administrative agency, this Court reviews the final order of the circuit court and the ultimate disposition by it of an administrative law case under an abuse of discretion standard and reviews questions of law de novo.” Syl. pt. 2, id. With these standards in mind, we proceed to analyze the issues.

III. ANALYSIS A. Circuit Court’s Finding of Impermissible Rule-making

The Commission first assigns as error the circuit court’s ruling that the Commission’s defining of the terms “connive” and “corrupt” in W. Va. Code R. § 178-1-60.5 constituted improper rule-making. According to the Commission, it did nothing more than define undefined terms in a legislative rule which it is permitted to do. We agree with the Commission.

The Commission found in its final order in pertinent part:

W. Va. Code R. § 178-1-60.55 states “[n]o person shall conspire with any other person for the Commission of a corrupt or fraudulent act or practice, or connive with any other person in any corrupt or fraudulent practice in relation to racing nor commit an act on his or her own part.

The Commission hereby finds that “connivance”, as that term is used in this Commission’s rule, W. Va. Code R. 178-1-60.5, includes acquiescence by a licensee in the behavior of others. Further, the Commission finds that “corrupt” as that term is used in the aforementioned rules includes the diminution or adulteration of procedures necessary for thoroughbred racing and pari-mutual wagering to work in such a way as to ensure confidence in the integrity of the process by the wagering public.

Hence . . . review of the evidence shows . . . an acquiescence by the appellants in the diminution and adulteration of the weigh-out process of a level sufficient as to injure confidence in the integrity of that process. It is axiomatic that confidence in the process is a, if not the, necessary component in assuring continued public participation in the pari-mutual wagering that allows thoroughbred racing to maintain its viability.

Accordingly, the Commission, with the modifications noted herein, finds that the appellants did, in fact violate the provisions of W. Va. Code R. § 178-1-60.5 in that they “connived” with [the Clerk of Scales] in the commission of a “corrupt” practice. The Commission would again note that the appellants as licensees acquiesced in [the Clerk of Scales’] allowing the weigh-out procedure to be made meaningless if not misleading, and that constitutes a “corrupt” act or practice.

In its order reversing the Commission’s ruling, the circuit court found that the Commission’s defining of the words “connive” and “corrupt” constituted rule-making in violation of prescribed rule-making procedures. Moreover, the circuit court found that the retroactive application of the new rule to the respondents’ conduct violated constitutional ex post facto provisions6 as well as the respondents’ constitutional procedural due process rights.

Under our law, “[i]t is generally accepted that statutes and administrative regulations are governed by the same rules of construction.” Snider v. Fox, 218 W. Va. 663, 667, 627 S.E.2d 353, 357 (2006) (internal quotations and citations omitted). One such rule of construction provides that “[i]n the absence of any definition of the intended meaning of words or terms used in a legislative enactment, they will, in the interpretation of the act, be given their common, ordinary and accepted meaning in the connection in which they are used.” Syl. pt. 1, Miners v. Hix, 123 W. Va. 637, 17 S.E.2d 810 (1941), overruled on other grounds by Lee-Norse Co. v. Rutledge, 170 W. Va. 162, 291 S.E.2d 477 (1982). Therefore, it is clear that an administrative body, in applying an administrative rule, may give an undefined term in the rule its common, ordinary and accepted meaning. The Commission in this case did nothing more than give the undefined terms “connive” and “corrupt” in W. Va. Code R. § 178-1-60.5 their common, ordinary, and accepted meanings.

The respondents make much of how the Commission characterized its defining of “connive” and “corrupt.” Specifically, the Commission stated in its order that it adopted different interpretations for the “terms of art” than were used by the board of stewards or the hearing examiner. The Commission indicated that “[w]hereas much discussion has been had regarding the intent or mens rea 9 required to connive it is incumbent upon this Commission to clarify the level of intent or agreement necessary for a violation to occur.” (Footnote added). Despite the Commission’s inartful explanation of its defining of the two terms at issue, the terms “connive” and “corrupt” are not terms of art unique to the horseracing industry but are common terms used in a variety of contexts. As such, under our law, the Commission gave these terms their common, ordinary, and accepted meanings. In addition, it was well within the discretion of the Commission to reject definitions of the terms applied by the board of stewards or the hearing examiner and to adopt its own definitions.

In ruling that the Commission engaged in improper rulemaking by defining the terms “connive” and “corrupt,” the circuit court primarily relied on this Court’s decision in Coordinating Council v. Palmer, 209 W. Va. 274, 546 S.E.2d 454 (2001). In Palmer, providers of certain homemaker services sued the State Tax Commissioner challenging the Commissioner’s imposition on them of a health care services privilege tax. The Tax Commissioner did not impose the tax on providers of the homemaker services at issue for nearly five years after the enactment of the law providing for the tax.

The Tax Commissioner then implemented a procedure to collect the tax that he previously had not enforced by sending a letter to the affected taxpayers. In considering whether this letter constituted impermissible rulemaking by the Tax Commissioner, this Court relied upon the definition of “rule” found in the Administrative Procedures Act as follows:

“Rule” includes every regulation, standard or statement of policy or interpretation of general application and future effect, including the amendment or repeal thereof, affecting private rights, privileges or interests, or the procedures available to the public, adopted by an agency to implement, extend, apply, interpret or make specific the law enforced or administered by it, or to govern its organization or procedure, but does not include regulations relating solely to the internal management of the agency, nor regulations of which notice is customarily given to the public by markers or signs, nor mere instructions. Every rule shall be classified as “legislative rule,” “interpretive rule” or “procedural rule,” all as defined in this section, and shall be effective only as provided in this chapter[.] Palmer, 209 W. Va. at 284, 546 S.E.2d at 464 (citing W. Va. Code § 29A-1-2(i) (1982); other citations omitted). This Court determined that pursuant to the above definition, the Tax Commissioner’s letter to affected taxpayers constituted a “rule.” We explained our determination as follows:

In the case sub judice, the [Tax] Commissioner implemented a procedure to collect a tax that he previously had not enforced. As this policy statement, albeit in the form of a letter to the affected taxpayers, nevertheless “affect[ed] private rights, privileges or interests” and involved the Tax Department’s “implement[ation], exten[sion], appl[ication], [or] interpret[ation]” of the laws which it was charged to execute, we find that the Commissioner’s letter . . . did, in fact, constitute an agency rule that was required to comply with the detailed rule-making procedure set forth in W. Va.

Code § 29A-3-1, et seq. Because the Commissioner’s stated policy did not follow the requisite mandates for formal proposal, approval, adoption, etc., see id., his attempted enforcement of the health care services providers tax was void and ineffective. Id.

We find the circuit court’s reliance on Palmer to be misplaced. Unlike in Palmer, there is no evidence that the Racing Commission previously applied W. Va. Code R. § 178-1-60.5 differently than it did against the respondents in the instant case. The Commission, by defining “connive” and “corrupt” did not state a new policy, implement a new rule, extend the existing rule, or apply or interpret the rule in a novel manner. The Commission simply defined two words in the rule that are not defined. Therefore, we find that the circuit court erred in ruling that the Commission’s defining of the terms “connive” and “corrupt” in W. Va. Code R. § 178-1-60.5 constituted rulemaking. Having found that the Commission did not make a new rule, we further find that the Commission did not retroactively and unlawfully apply a new rule to the respondents’ conduct. Specifically, this Court concludes that because the Commission did not engage in improper rulemaking, the Commission’s application of W. Va. Code R. § 178-1-60.5 to the respondents did not violate their constitutional due process rights or amount to an ex post facto law.

B. Sufficiency of Evidence to Support the Commission’s Decision

The Commission also assigns as error the circuit court’s determination that the evidence adduced below does not support the Commission’s finding that the respondents connived with the clerk of scales in corrupt practices.

At the outset of our consideration of this issue, we are mindful that “[e]videntiary findings made at an administrative hearing should not be reversed unless they are clearly wrong.” Syl. pt. 1, Francis O. Day Co. v. Dir., D.E.P., 191 W. Va. 134, 443 S.E.2d 602 (1994). We have explained that “[t]he ‘clearly wrong’ and the ‘arbitrary and capricious’ standards of review are deferential ones which presume an agency’s actions are valid as long as the decision is supported by substantial evidence or by a rational basis.” Syl. pt. 3, In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (1996). Further, this Court has held that “‘[s]ubstantial evidence’ requires more than a mere scintilla. It is such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. If an administrative agency’s factual finding is supported by substantial evidence, it is conclusive.” Syl. pt. 4, In re Queen, 196 W. Va. 42, 473 S.E.2d 483 (1996). We will utilize these standards in determining whether the Commission’s factual findings are supported by substantial evidence.

The Commission in its order found that the respondents connived with the clerk of scales by acquiescing in his “allowing the weigh-out procedure to be made meaningless if not misleading in a way that constitutes a ‘corrupt’ act or practice” in that it diminished or adulterated the “procedures necessary for thoroughbred racing and pari-mutual wagering to work in such a way as to ensure confidence in the integrity of the process by the wagering public.”

In its order reversing the Commission’s decision, the circuit court concluded that that there was insufficient evidence to support the Commission’s factual findings. The circuit court’s conclusion is based on several findings set forth in its order. First, the circuit court found the record devoid of any evidence which would tend to show that the weigh-out procedures described in the record actually caused a loss of confidence by the betting public in the horseracing process. The circuit court specifically noted an absence of testimony by a bettor that he or she was aware of the improper weigh-out procedures which caused a loss of confidence. We find the circuit court’s reasoning on this matter to be error. Given the fact that jockey overweight information is provided to the betting public and used by bettors in placing bets, the Commission, as the finder of fact, could legitimately infer that an ineffective or misleading weigh-out procedure that casts doubt on the accuracy of the jockeys’ weights would cause the betting public to lose confidence in the integrity of the horseracing process.

The circuit court also found that the chief steward testified before the hearing examiner that his observations of the weigh-out process leading up to and including March 26 and 27, 2009, failed to disclose evidence that the weigh-out process was flawed. This Court’s review of the chief steward’s testimony indicates that he testified that from January through March 2009, he was in the weight-out room “pretty near” every night but not every night. He testified that while he was in a position to observe the weigh outs, his purpose was not necessarily watching the clerk of scales do his job. Instead, his job was to do a “walk through” to see if there were any issues that the jockeys wanted to discuss with the board of stewards. We infer from this testimony that the chief steward did not carefully observe every weigh out for the purpose of guaranteeing its authenticity and, as a result, cannot refute the Commission’s findings regarding the respondents’ improper weigh-outs.

In addition, the circuit court found that the scale in use by the respondents and other jockeys was not balanced, had not been accurately calibrated, was not being used properly and, as a result, could not be trusted to provide an accurate weight. This Court’s review of the evidence indicates, however, that the evidence on the accuracy of the scale was conflicting. The Commission’s expert testified below that the scale was operated in a manner that would provide an accurate weight. He also testified that it made no difference if the scale was not level because the scale was calibrated in the out-oflevel condition. We have previously indicated that “this Court may not displace the . . . [Commission’s] choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before . . . [us] de novo.” In re Queen, 196 W. Va. at 446, 473 S.E.2d at 487 (internal quotation marks and citations omitted). Therefore, the presence of conflicting evidence before the hearing examiner does not support the circuit court’s reversal of the Commission’s factual findings.

Further, the circuit court found that the Commission’s determination to discipline the respondents was arbitrary and capricious because all of the other jockeys who weighed out during the same time period engaged in the same conduct as the respondents. To support this finding, the circuit court refers to several jockeys who were not disciplined but who are seen on the video weighing out improperly. Again, this Court finds that this is not a valid reason to reverse the Commission’s findings.

Moreover, the circuit court found no evidence that the respondents were overweight or rode at an inappropriate weight. However, the Commission did not find that the respondents violated W. Va. Code R. 178-1-60.5 by riding at an inappropriate weight but rather by acquiescing to the clerk of scales’ conducting of improper weigh outs in a manner that would cause the betting public to lose confidence in the process. As a result, this finding by the circuit court is not relevant to the Commission’s ruling.

Significantly, “[n]either this Court nor the circuit court may supplant a factual finding of the Commission merely by identifying an alternative conclusion that could be supported by substantial evidence.” In re Queen, 196 W. Va. at 446, 473 S.E.2d at 487 (citations omitted). The circuit court’s findings well may be supported by substantial evidence, but this does not mean that the Commission’s findings are not also supported by substantial evidence. Thus, the fact that the circuit court’s review of the evidence resulted in the circuit court reaching an alternative conclusion based on substantial evidence is not a valid reason to reverse the Commission’s findings.

Finally, this Court’s review of the Commission’s findings in light of the evidence of record compels us to conclude that the Commission’s findings of fact are supported by substantial evidence. If this Court had conducted a de novo review of the evidence below, we may have reached the same conclusions as the circuit court. However, granting proper deference to the Commission’s findings and reviewing the findings for clear error, we believe that there is more than a scintilla of evidence supporting the Commission’s findings, and that the relevant evidence is such that a reasonable mind may accept it as adequate to support the Commission’s conclusions. Stated differently, we are unable to conclude that the Commission’s findings are without a rational basis. Therefore, we find that the circuit court abused its discretion in reversing the Commission’s order.

IV. CONCLUSION

For the reasons set forth above, we reverse the September 2, 2014, order of the Circuit Court of Kanawha County that reversed and vacated the order of the Racing Commission that suspended the occupational permit of each of the respondent jockeys for thirty days and imposed a $1,000 fine on each of the respondents.

Reversed.

Name: DONALD R WATSON Ruling Date: 7/12/2008
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 16711 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Excessive whip use during 4th race 7/5/2008.
Name: DONALD R WATSON Ruling Date: 11/30/2005
Jurisdiction: Louisiana Racing Commission Facility: Unknown
Ruling Number: *N*10097813 Ruling Type: Penalty Affirmed
Breed: Quarter Horse Division: Unknown
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: UPHELD STEWARDS RULING: SUSPENDED 7 DAYS, 4-13-06 -- 4-19-06
Name: DONALD R WATSON Ruling Date: 10/29/2005
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 14675 Ruling Type: Unknown
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: pd fine EvD
Name: DONALD R WATSON Ruling Date: 7/12/2002
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 11894 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Unknown
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: JOCKEY DONALD WATSON, IS HEREBY FINED THE SUM OF $50.00 FOR FAILURE TO SUBMIT TO THE BREATHYLIZER IN A TIMELY MANNER.
Name: DONALD R WATSON Ruling Date: 3/1/2002
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 11567 Ruling Type: General/Miscellaneous Rulings
Breed: Quarter Horse Division: Unknown
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: JOCKEY DONALD WATSON IS HEREBY FINED $50.00 FOR REPORTING FALSE INFORMATION TO THE CLOCKER.
Name: DONALD R WATSON Ruling Date: 4/27/2000
Jurisdiction: Louisiana Racing Commission Facility: Unknown
Ruling Number: COMMISSION Ruling Type: Reinstatement to Good Standing in State
Breed: Quarter Horse Division: Unknown
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: REINSTATEMENT APPROVAL REQUEST -- REINSTATEMENT APPROVED; MUST ATTEND REHAB MEETINGS 3 TIMES PER WEEK FOR 3 YEARS.
Name: DONALD R WATSON Ruling Date: 8/26/1998
Jurisdiction: Louisiana Racing Commission Facility: Unknown
Ruling Number: RE: 8154 Ruling Type: Penalty Affirmed
Breed: Quarter Horse Division: Unknown
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/26/1998 Suspension End:
Ruling Text: RE: 6-4: RULING UPHELD; SUSPENDED 15 YEARS EFFECTIVE 8-26.
Name: DONALD R WATSON Ruling Date: 6/4/1998
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 8154 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Quarter Horse Division: Unknown
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/4/1998 Suspension End: 12/4/1998
Ruling Text: REFERRED WITH RECOMMENDATION THAT SUSPENSION BE CONTINUED FOR A TOTAL OF 15 YEARS - VIOLATION OF 35:1791 - TESTING FOR DANGEROUS SUBSTANCE ABUSE (3RD OFFENSE).
Name: DONALD R WATSON Ruling Date: 12/3/1993
Jurisdiction: Louisiana Racing Commission Facility: Unknown
Ruling Number: COMMISSION Ruling Type: Penalty Affirmed
Breed: Quarter Horse Division: Unknown
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: RULING 10-23 - UPHELD; MAY APPEAR BEFORE COMMISSION IN 6 MONTHS WITH PROPER DOCUMENTATION OF SUCCESSFUL COMPLETION OF A REHAB PROGRAM.
Name: DONALD R WATSON Ruling Date: 10/23/1993
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 3540 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Quarter Horse Division: Unknown
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: 6 MONTHS (10-23-93 THRU 4-23-94) AND REFERRED WITH THE RECOMMENDATION THAT THE SUSPENSION BE CONTINUED FOR FIFTEEN (15) YEARS - "TESTING FOR DANGEROUS SUBSTANCE ABUSE," 3RD OFFENSE.
Name: DONALD R WATSON Ruling Date: 5/29/1987
Jurisdiction: Louisiana Racing Commission Facility: Unknown
Ruling Number: *N*229779 Ruling Type: Penalty Affirmed
Breed: Quarter Horse Division: Unknown
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: RULING OF 5-21: RULING UPHELD. SUSPENDED FROM 5-21 THRU 5-31.
Name: DONALD R WATSON Ruling Date: 5/16/1986
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: *N*229772 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Unknown
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: $100 - FAILURE TO MAINTAIN PROPER COURSE.
Name: DONALD R WATSON Ruling Date: 10/3/1985
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: *N*229780 Ruling Type: Failure to Meet Financial Obligation
Breed: Quarter Horse Division: Unknown
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: SUSPENDED PENDING SETTLEMENT OF FINANCIAL OBLIGATIONS.



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