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. >10/17/2018<

233 Total Rulings compiled at: 10/22/2018 11:59:23 AM G.M.T.

Name: Anderson DaCosta Ward Ruling Date: 10/21/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-90 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule Entering horse without required works - Causing Scratch.
Name: Anderson DaCosta Ward Ruling Date: 10/21/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-90-FO Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-CENT-90 - Ruling Final Outcome
Name: Jennifer Nicole Hunt Ruling Date: 10/21/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-91 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule not present when lasix is given
Name: Jennifer Nicole Hunt Ruling Date: 10/21/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-91-FO Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-CENT-91 - Ruling Final Outcome
Name: KELLY ORVIN HOERDT Ruling Date: 10/20/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-H#89 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Suspended 5 race days, driving only, November 18, 24, 25, December 1 and 2, 2018, H.R.A. Directive No. 085 - 2016; Rule 458(2)(g)c; once the horse has reached the 7/8 mile pole, the driver may, in a one handed motion, strike the shaft of the sulky or the saddle pad in a reasonable and responsible manner, no more than 3 strikes.
Name: MANUEL CRUZ Ruling Date: 10/19/2018
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 18MON50 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Having been issued in error ruling 18MON41 is hereby rescinded.
Name: Dimitrios K Synnefias Ruling Date: 10/19/2018
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 18MON47 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Dimitrios Synnefias is hereby fined the sum of five hundred ($500.00) dollars for changing equipment for SHE'S SO FINE who raced in the 10th race at Monmouth Park on Saturday, September 8, 2018 without permission from the Stewards.

Violation of N.J.A.C. Rule 13:70-10.7 Equipment changes

Name: Randi Persaud Ruling Date: 10/19/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 18MDT1 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Randi Persaud is hereby fined the sum of one hundred ($100.00) dollars for failing to have the foal papers for OCEAN CONQUEST on file with the horse identifier for the 1st race on Friday, September 21, 2018.

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: LUIS A RODRIGUEZ CASTRO Ruling Date: 10/19/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17MDT8 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Apprentice Jockey Luis Rodriguez Castro is hereby fined one hundred ($100.00) dollars for failing to fulfill his riding engagement on September 30, 2017 in the 4th race necessitating a late rider change.

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: EDWUIN LUJAN MIRAMONTES Ruling Date: 10/18/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-082 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: JOCKEY EDWUIN LUJAN-MIRAMONTES HAVING PLED "NO CONTEST" FOR FAILING TO FULFILL HIS RIDING ENGAGEMENTS IN THE 11TH RACE AT WRD ON 9/22/2018. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. LUJAN-MIRAMONTES BE FINED $100.00.
Name: M C Reardon Ruling Date: 10/18/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 96-2018 DEL Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: October 18, 2018

Delaware Park Stewards Ruling

(96-2018)

A report from Truesdail Laboratories, Inc., the official Chemists of the Delaware Thoroughbred Racing Commission, showed that the blood sample #71725, taken from the horse "Oklahoma Crude", who finished first in the fifth race on September 22, 2018, tested positive for "Phenylbutazone” in the amount of 4.3 micrograms per milliliter of plasma. The trainer of this horse, M.C. Reardon, DOB: 05/01/1980, RCI ID: 2043872, waived her right to a split sample.

Ms. Reardon waived her right to a hearing. Under the authority of the Stewards, Ms. Reardon, for a first offense, is fined the sum of five hundred dollars ($500.00). This violation shall incur one half (1/2) point towards the ARCI Multiple Medication Violation point system. Refer to D.T.R.C. Rules 3.3.1, 3.3.10, 3.4.1, 3.4.1.15, 7.3.1, 7.3.6, 10.8.1, 10.8.1.3, 15.1, 15.1.1.1, 15.1.3.1, 15.1.3.1.1, 15.1.3.1.3, 15.1.3.1.4, 15.1.3.1.5, and 15.3.1. Fine must be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: SALIMM HERNANDEZ-ORTIZ Ruling Date: 10/18/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-080 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TRAINER SALIMM HERNANDEZ-ORTIZ, HAVING PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "IBA BAD ACE" THE 2ND PLACE FINISHER IN THE 5TH RACE AT WRD ON 9/23/2018, TESTING POSITIVE FOR THE DRUG FLUNIXIN IN EXCESS OF THE PERMITTED LEVEL. AFTER FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR.HERNANDEZ-ORTIZ SHALL BE FINED $500.00.
Name: Sarena D Evans Ruling Date: 10/18/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-212 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Ms. Evans allowed inaccurate information to be programmed on #2 Upfront Chip Daddy in race 12 on 10/16/18 by entering the horse prior to the transfer of ownership being completed. O.S.R.C.-3769-15-06(B)  15-33(E)  15-99
Name: WAYNE FRANKLIN GEORGE Ruling Date: 10/18/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 18-FMT-046 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TRAINER WAYNE F. GEORGE, HAVING PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "OKIE COPPER BANDIT" THE 1ST PLACE FINISHER IN THE 2ND RACE AT FMT ON 7/20/2018, TESTED POSITIVE FOR THE DRUG CAFFEINE, AT A QUANTITATIVE LEVEL. ALSO TESTING POSITIVE FOR THE DRUG CAFFEINE, AT A QUANTITATIVE LEVEL FOR A qUARTER HORSE UNDER HIS SUPERVISION, "RUBIYATS LEGACY", THE 2ND PLACE FINISHER IN THE 8TH RACE AT FMT ON 7/21/2018. AFTER FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT IS THE ORDER OF THE WRD BOARD OF STEWARDS ON BEHALF OF THE FMT STEWARDS THAT MR. GEORGE SHALL BE FINED $2500.00. IT IS FURTHER ORDERED THAT "OKIE COPPER BANDIT" IS DISQUALIFIED FROM THE 1ST PLACE FINISHER IN THE 2ND RACE AT FMT ON 7/20/2018 AND "RUBIYATS LEGACY" IS ALSO DISQUALIFIED FROM 2ND PLACE IN THE 8TH RACE AT FMT ON 7/21/2018.
Name: James Alexander Flores Ruling Date: 10/18/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-077 Ruling Type: Disorderly Conduct
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: JOCKEY JAMES A. FLORES HAS BEEN FOUND IN VIOLATION OF FIGHTING IN THE JOCKEY ROOM ON 9/30/2018. THE WRD BOARD OF STEWARDS ORDER THAT MR. FLORES BE FINED THE SUM OF $500.00.
Name: AARON EDWARD MERRIMAN Ruling Date: 10/18/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-213 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #8 Andovers Asset in race 5 on 10/17/18 he did drive inside the pylons. O.S.R.C.-3769-14-53  14-99
Name: CRIST W HERSHBERGER Ruling Date: 10/18/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-215 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Hershberger failed to drive when programmed on #2 Check's Commodore in race 6 on 10/17/18 causing a very late driver change. O.S.R.C.-3769-17-29  17-99
Name: ROSY E WEAVER Ruling Date: 10/18/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-214 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Ms. Weaver allowed inaccurate information to be programmed on #8 Fashion Star in race 13 on 10/17/18 by entering the horse prior to the transfer of ownership being completed. O.S.R.C.-3769-15-06(B)  15-33(E)  15-99
Name: BENJAMIN (B CLAIR UMHOLTZ Ruling Date: 10/18/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-210 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Blood sample #859408 collected at Northfield Park on 9/11/18 from the horse Mesmerized was found to contain flunixin at a concentration of 36+-1 nanograms per milliliter of plasma. This exceeds the Regulatory Threshold of 20 nanograms per milliliter adopted by the OSRC. O.S.R.C.-3769-18-01(B)(1)(a)  18-02  18-99
Name: ROBERT LEE ESQUEDA Ruling Date: 10/18/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-079 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TRAINER ROBERT L. ESQUEDA, HAVING PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "CARTERS LA TAC" THE 2ND PLACE FINISHER IN THE 6TH RACE AT WRD ON 9/29/2018, TESTING POSITIVE FOR THE DRUG METHYLPREDNISOLONE IN EXCESS OF THE PERMITTED LEVEL. AFTER FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR.ESQUEDA BE FINED $500.00. AND THE HORSE IS DISQUALIFIED FROM 2ND PLACE IN THE 6TH RACE AT WRD ON 9/29/2018.`
Name: FRANCISCO GONZALEZ-MORA Ruling Date: 10/18/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-081 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TRAINER FRANCISCO GONZALEZ-MORA, HAVING PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "IVOREEMOON ONE" THE 1ST PLACE FINISHER IN THE 3RD RACE AT WRD ON 9/28/2018, TESTING POSITIVE FOR THE DRUG PHENYLBUTAZONE, IN EXCESS OF THE PERMITTED LEVEL. AFTER FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR.GONZALEZ-MORA SHALL BE FINED $500.00.
Name: HENRY EMANUEL BEACHY Ruling Date: 10/18/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-211 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Blood sample #859366 collected at Northfield Park on 9/5/18 from the horse Go Go George was found to contain flunixin at a concentration of 59+-6 nanograms per milliliter of plasma. This exceeds the Regulatory Threshold of 20 nanograms per milliliter adopted by the OSRC. (Second Offense). O.S.R.C.-3769-18-01(B)(1)(a)  18-02  18-99
Name: James Dean Gray Ruling Date: 10/17/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-H#88 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Fined $100.00 H.R.A. Directive No. 085 - 2016; Rule 458(2)(g)c; Once the horse has reached the 7/8 mile pole, the driver may, in a one handed motion, strike the shaft of the sulky or the saddle pad in a reasonable and responsible manner, no more than 3 strikes.
Name: SERGE MASSE Ruling Date: 10/17/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-H#87 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Fined $100.00 H.R.A. Directive No. 085 - 2016; Rule 458(2)(g)c; Once the horse reaches the 7/8 mile pole, the driver may, in a one handed motion, strike the shaft of the sulky or the saddle pad in a reasonable and responsible manner, no more than 3 strikes.
Name: HECTOR A SARMIENTO Ruling Date: 10/17/2018
Jurisdiction: Maryland Racing Commission Facility: Laurel Race Course
Ruling Number: 2018-LRL-135 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
STEWARDS: Adam Campola
        Ross R Pearce
                    Russell G Derderian
 
RULINGS:
 
#18-135 On October 11, 2018 the Stewards authorized a routine barn inspection of trainer Hector Sarmiento’s stable, by the Racing Commission’s Investigators. Trainer Sarmiento was found to have in his possession a bottle, containing “Vitamin K”, a drug administed by injection.
 This is a violation of  [COMAR 09.10.03.03 A (19)( a).
 
 A Stewards hearing was held on October 14, 2018 for trainer Sarmiento, after reviewing all the evidence presented and hearing testimonies from all parties the Stewards made the following conclusions:
 
 1.  Trainer Sarmiento had in his possession the drug “Vitamin K”.
      This is a violation of [COMAR 09.10.03.03 A (19)( a).
        1. Trainer Sarmiento did not possess a prescription for this medication.
        2. No needles or syringes used for injections were found in his possession.
 
                      The Stewards took into consideration Trainer Sarmiento’s previous licensing; and do hereby order trainer Hector Sarmiento, to pay a fine in the amount of five hundred dollars ($500), for violation of the MRC Prohibited Acts rules regarding, possession of drugs. However, Two hundred and fifty dollars ($250) of this fine is stayed under the provision that no further violations of this nature occur in the next 365 days.
 
[COMAR 09.10.01.45 V, (1) d]
 
 
 
 BY ORDER OF THE STEWARDS
Name: Robertino Diodoro Ruling Date: 10/17/2018
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C18098 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 12/3/2018 Suspension End: 12/17/2018
Ruling Text:

Having waived his right to a formal hearing before the Board of Stewards at Canterbury Park on October 11, 2018, Owner/Trainer Robertino Diodoro is hereby suspended 15 days, December 3, 2018 through December 17, 2018 and assessed a civil penalty of One Thousand Dollars ($1,000) for a Class 2, Category B medication violation (Levamisole).

Due to several mitigating factors, the 15-day suspension is hereby stayed, but will be reinstated if Trainer Diodoro has a Class 1 or a Class 2, Category A or B medication violation within 365 days of the date of this ruling.

On August 30, 2018, Industrial Laboratories reported the finding of Levamisole in excess of the level of detection in serum in Sample No. E254669 taken from Dare to Enter, 2nd place finisher in the 7th Race on August 15, 2018 at Canterbury Park. A split serum sample was sent to the Texas A&M Veterinary Medical Diagnostic Laboratory ("TVMDL") for confirmation. A letter dated October 5, 2018 was received from the TVMDL confirming the presence of Levamisole in the split serum sample, an Association of Racing Commissioners International ("ARCI") Class 2, Penalty Category B, medication violation.

This is Trainer Diodoro's first medication violation in 365 days.

On September 7, 2018, Industrial Laboratories reported the finding of Levamisole in a container that had been confiscated on August 24, 2018 during a search of Trainer Diodoro's barn by Minnesota Racing Commission investigators. The container was mislabeled as Hyaluronic Acid and $500 of the $1000 fine is attributed to the mislabeling violation.

Dare to Enter is hereby disqualified from 2nd place and declared unplaced. The revised order of finish for the 7th Race on August 15, 2018 at Canterbury Park is as follows: 1st - #2 Reigning Warrior, 2nd - #1 Nastida Mast, 3rd - #5 Fabrication, 4th - #3 Mommy's Soldier, 5th - #4 Cozy Owen and 6th - #6 R Point Made. The Horseperson's Bookkeeper is directed to make necessary changes to payment of purses for the subject race. If Dare to Enter's share of the purse has been paid, it is hereby ordered returned to the Horseperson's Bookkeeper.

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.C. - General authority of stewards 7869.0200 (Incorporation by Reference) Subp. 2.C. - Association of Racing Commissioners International 7877.0170 (Duties and Responsibilities of Class C Licensees) Subp. 2.C. - Trainers 7890.0110 (Medications and Practices Prohibited) Subp. 1. - Administration; Subp. 11.A. - Medical labeling 7890.0130 (Findings of Chemist) Subp. 1. - Prima facie evidence; Subp. 2. - Distributed purse money

(Ruling #C18098 Diodoro, Robertino continued)

7892.0150 (Purses) Subp. 1. - Purse may be redistributed; Subp. 2.A.B.C.D. Determination of purse redistribution 7897.0130 (Schedule of Fines) Subp. 1. - Imposition of fines; Subp 2.B. - Categories of violations; Subp. 3.A.B.C. - Assignment of categories and determination of fine amount; Subp. 5. - Amount of fines; Subp. 6. - Timetable for paying fines (within 72 hours) 7897.0150 (Disciplinary and Appeal Procedures) Subp. 2.A.B.C. - Penalties imposed by stewards

Name: Robertino Diodoro Ruling Date: 10/17/2018
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C18099 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 12/3/2018 Suspension End: 12/17/2018
Ruling Text:

Having waived his right to a formal hearing before the Board of Stewards at Canterbury Park on October 11, 2018, Owner/Trainer Robertino Diodoro is hereby suspended 15 days, December 3, 2018 through December 17, 2018 and assessed a civil penalty of One Thousand Five Hundred Dollars ($1,500) for a Class 4, Category C medication violation (Dexamethasone).

On September 20, 2018, Industrial Laboratories reported the finding of Dexamethasone in excess of the level of detection in serum in Sample No. E254936 taken from Jonny's Choice, 2nd place finisher in the 1st Race on September 8, 2018 at Canterbury Park. A split serum sample was sent to the Texas A&M Veterinary Medical Diagnostic Laboratory ("TVMDL") for confirmation. Before testing began, Trainer Diodoro waived his right to the split sample test during a phone call on October 8, 2018 with the Minnesota Racing Commission chief steward.

This is Trainer Diodoro's second medication violation in 365 days.

During the term of his suspension, Robertino Diodoro is denied privileges of all grounds under the jurisdiction of the Minnesota Racing Commission. Further, all horses owned and/or trained by Robertino Diodoro are ineligble for entry pending transfer/and or sale by the stewards.

Jonny's Choice is hereby disqualified from 2nd place and declared unplaced. The revised order of finish for the 1st Race on September 8, 2018 at Canterbury Park is as follows: 1st - #5 Mystorynmstikntoit, 2nd - #1 Empire Knight, 3rd - #7 Fools Rushin, 4th - #4 Factored In and 5th - #3 So Sorry Ruston. The Horseperson's Bookkeeper is directed to make necessary changes to payment of purses for the subject race. If Jonny's Choice's share of the purse has been paid, it is hereby ordered returned to the Horseperson's Bookkeeper.

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.C. - General authority of stewards 7869.0200 (Incorporation by Reference) Subp. 2.C. - Association of Racing Commissioners International 7877.0170 (Duties and Responsibilities of Class C Licensees) Subp. 2.C. - Trainers 7890.0110 (Medications and Practices Prohibited) Subp. 1. - Administration 7890.0130 (Findings of Chemist) Subp. 1. - Prima facie evidence; Subp. 2. - Distributed purse money 7892.0150 (Purses) Subp. 1. - Purse may be redistributed; Subp. 2.A.B.C.D. Determination of purse redistribution 7897.0130 (Schedule of Fines) Subp. 1. - Imposition of fines; Subp 2.A. - Categories of violations; Subp. 3.A.B.C. - Assignment of categories and determination of fine amount; Subp. 5. - Amount of fines; Subp. 6. - Timetable for paying fines (within 72 hours) 7897.0150 (Disciplinary and Appeal Procedures) Subp. 2.A.B.C. - Penalties imposed by stewards

(Ruling #C18099 Diodoro, Robertino continued)

Name: LUIS LOZANO Ruling Date: 10/17/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 94-2018 DEL Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: October 17, 2018

Delaware Park Stewards Ruling

(94-2018)

Groom Luis Rafael Lozano, DOB: 06/03/1965, RCI ID: 2089135, having appeared before the Board of Stewards, Mr. Lozano is fined the sum of one hundred ($100.00) dollars for his conduct in the detention barn at Delaware Park on Wednesday, October 10, 2018. Refer to D.T.R.C Rules 2.5.1.8, 3.4, 3.4.1.1, 3.4.1.4, and 3.4.1.15. Fine must be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: SKYLER. B GREEN Ruling Date: 10/17/2018
Jurisdiction: Washington Racing Commission Facility: Washington Horse Racing Commission
Ruling Number: OLY 18-009 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: On Friday, September 28, 2018 the Executive Secretary of the WHRC suspended the trainers license of Skyler Brent Greene with ruling OLY18-007 for failing to make his required Labor and Industries premium payment by the scheduled date. Additionally a $50 fine was assessed. On Wednesday, October 17, 2018 the WHRC received Skyler Brent Greene's Labor and Industries payment and the assessed fine and accordingly, Skyler Brent Greene is hereby restored to good standing.

WAC 260-28-235

Name: FRANCISCO JIMENEZ GALVAN Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-66 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Owner FRANCISCO JIMENEZ GALVAN is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($2,500) assessed in Ruling 2018-SUN-200.

During said time of applicable suspension FRANCISCO JIMENEZ GALVAN is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses owned by or under the care and custody of FRANCISCO JIMENEZ GALVAN are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned by or under the care and custody of FRANCISCO JIMENEZ GALVAN must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: ELIZA APODACA Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-57 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Spouse Pass, ELIZA APODACA is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($300) assessed in Rulings 2018-NMS-4.

During said time of applicable suspension ELIZA APODACA is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: YANETH CABRERA Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-70 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Owner Yaneth Cabrera is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($5,000) assessed in Ruling 2017-SRP-34.

During said time of applicable suspension Yaneth Cabrera is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses owned by or under the care and custody of Yaneth Cabrera are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned by or under the care and custody of Yaneth Cabrera must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: GUADALUPE GUTIERREZ Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-69 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Owner Guadalupe I. Gutierrez is hereby suspended, effective immediately October 16, 2018, for failing to pay the fines ($10,000) assessed in Rulings 2017-SRP-92 and 2017-SRP-88.

During said time of applicable suspension Guadalupe I. Gutierrez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horsesowned by or under the care and custody of Guadalupe I. Gutierrez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned by or under the care and custody of Guadalupe I. Gutierrez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: IRVING JOEL FOURNIER Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-73 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/17/2018 Suspension End:
Ruling Text: Owner/trainer Irving Joel Fournier is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($750) assessed in Ruling 2018-RUI-96.

During said time of applicable suspension Irving Joel Fournier is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses trained or owned by or under the care and custody of Irving Joel Fournier are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of Irving Joel Fournier must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: CARLOS H ACOSTA Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-55 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Owner/trainer CARLOS ACOSTA,JR is hereby suspended, effective immediately October 16, 2018, for failing to pay the fines ($5,750) assessed in Rulings 2018-DAA-44, 2018-DAA-42,2018-SRP-105.

During said time of applicable suspension CARLOS ACOSTA,JR is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses trained or owned by or under the care and custody of CARLOS ACOSTA,J are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of CARLOS ACOSTA,J must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: GILBERT BEN Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-59 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Owner/Trainer Gilbert Ben is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($2,500) assessed in Rulings 2018-DDA-70.

During said time of applicable suspension Gilbert Ben is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses trained or owned by or under the care and custody of Gilbert Ben are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of Gilbert Ben must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: ANSELMO GARCIA MARQUEZ Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-67 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Trainer ANSELMO GARCIA-MARQUEZ is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($10,000) assessed in Ruling 2017-COMM-11.

During said time of applicable suspension ANSELMO GARCIA-MARQUEZ is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses trained or owned by or under the care and custody of ANSELMO GARCIA-MARQUEZ are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of ANSELMO GARCIA-MARQUEZ must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: EVERADO HERNANDEZ Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-77 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Owner/Trainer EVERARDO HERNANDEZ is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($1000) assessed in Ruling 2018-DDA-97.

During said time of applicable suspension EVERARDO HERNANDEZ is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses trained or owned by or under the care and custody of EVERARDO HERNANDEZ are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of EVERARDO HERNANDEZ must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: MATTHEW ROERO RODRIGUEZ Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-63 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner, MATTHEW ROJERO RODRIGUEZ was duly notified and appeared for a hearing before the Board of Stewards on October 16, 2018, for failing to disclose his criminal history on his license application.

After considering the mitigating circumstances, the Board of Stewards hereby issues a warning letter to MATTHEW ROJERO RODRIGUEZ. Furthermore, MATTHEW ROJERO RODRIGUEZ was allowed to submit an amended application and advised to disclose his full criminal/arrest record on any future licensing applications.

Licensee is found to be in violation of and this ruling is written in accordance with: 16.47.1.8 (L)(1)(d) GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE.

15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal

Name: MATTHEW ROMO Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-64 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: 2018 GARDENER, MATTHEW ROMO, was duly notified and responded telephonically for a hearing before The Board of Stewards on October 16, 2018, for currently being on probation.

The Board of Stewards hereby revoke any/all New Mexico Racing Commission licenses belonging to MATTHEW ROMO effective immediately October 16, 2018. Furthermore, MATTHEW ROMO is referred to the New Mexico Racing Commission for their further review prior to any future application. During said time of applicable suspension MATTHEW ROMO is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC per 15.2.1.9 (C)(21)(a-b) Exclusion.

Licensee is found to be in violation of and this ruling is written in accordance with: 16.47.1.8 (L)(1)(d) GROUNDS FOR DISCIPLINARY MEASURES 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 has failed to disclose or falsely states any information required in the application; 16.47.1.8 (L) (3) GROUNDS FOR DISCIPLINARY MEASURES Any license denied, suspended or revoked by the commission pursuant to these rules shall state the time period for the effect of its ruling. When the action is taken for a misdemeanor or felony conviction, the time period shall be the period of the licensee’s or applicant’s imprisonment; or if not imprisoned, the period of probation, deferral, unless the person can satisfy the commission of sufficient rehabilitation. This rule shall also apply to licensees who voluntarily turn in their license because of, or in anticipation of, a conviction. 16.47.1.8 (L)(1)(i) – CONDUCT 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” 15.2.3.8 (B)(3)(g) STEWARDS AUTHORITY The stewards may order that a person be ineligible for licensing; or they may deny a license to an applicant on grounds set forth in the act or these rules. 15.2.3.8 (B)(3)(j) REFER TO THE COMMISSION The stewards may refer any matter to the commission and may include recommendations for disposition. The absence of a steward's referral shall not preclude commission action in any matter 16.47.1.8(L)(2) Written Notice Of Suspension Or Revocation To Licensee And Other Jurisdictions 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: Lynyle Benn Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-60 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Trainer Lynyle Benn is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($200) assessed in Rulings 2018-SRP-115.

During said time of applicable suspension Lynyle Benn is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses trained or owned by or under the care and custody of Lynyle Benn are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of Lynyle Benn must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: LUIS ALONSO GUTIERREZ Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-75 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Jockey LUIS ALONSO GUTIERREZ,JR is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($50) assessed in Ruling 2018-DDA-15.

During said time of applicable suspension LUIS ALONSO GUTIERREZ,JR is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: MICHAEL A CAZARES Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-72 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Jockey Michael Alan Cazares is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($50) assessed in Ruling 2017-DDA-56.

During said time of applicable suspension Michael Alan Cazares is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: AARON WEST Ruling Date: 10/16/2018
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2018-MP-74 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RULING #164 DATE: 10/16/2018 NAME: Aaron West DOB: 1/25/1988 PERMIT: # 16155 Trainer

The Stewards hereby impose the following penalty:

Trainer Aaron West is hereby fined one hundred dollars ($100.00) for the violation of WV Rule of Racing 178-1-44.1. “its breed registration is not on file with the association’s racing secretary one-half (1/2) hour before post time of the first race.” Mr. West failed to have the foal registration papers on file with the racing office for “Field of Dreams” in the 8th race on Tuesday, October 16, 2018.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: ALBERT SERRANO FRANCO Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-62 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Trainer Albert Franco is hereby suspended, effective immediately October 16, 2018, for failing to pay the fines ($600) assessed in Ruling 2018-RUI-152, 2018-RUI-132, 2018-RUI-119.

During said time of applicable suspension Albert Franco is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses trained or owned by or under the care and custody of Albert Franco are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of Albert Franco must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: JAVIER G BORUNDA Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-61 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Trainer Javier Borunda is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($3,000) assessed in Ruling 2018-SUN-129.

During said time of applicable suspension Javier Borunda is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses trained or owned by or under the care and custody of Javier Borunda are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of Javier Borunda must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: RAMON APODACA Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-58 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Trainer/ Pony Person RAMON APODACA is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($300) assessed in Rulings 2018-dda-77.

During said time of applicable suspension RAMON APODACA is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses trained or owned by or under the care and custody of RAMON APODACA are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of RAMON APODACA must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: TONY M GALLEGOS Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-65 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Trainer TONY M. GALLEGOS is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($1,000) assessed in Ruling 2015-DDA-106.

During said time of applicable suspension TONY M. GALLEGOS is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses trained or owned by or under the care and custody of TONY M. GALLEGOS are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of TONY M. GALLEGOS must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: AARON HARVEY Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-76 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Owner Aaron Harvey is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($200) assessed in Ruling 2016-RUI-150.

During said time of applicable suspension Aaron Harvey is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses owned by or under the care and custody of Aaron Harvey are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned by or under the care and custody of Aaron Harvey must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: FELIZARDO BORBON CARRIZOSA Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-71 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Groom/ Exercise Person FELIZARDO BORBON CARRIZOSA is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($200) assessed in Ruling 2018-NMS-1.

During said time of applicable suspension FELIZARDO BORBON CARRIZOSA is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: JOSE ROBERTO GONZALEZ Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-68 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Trainer/Owner Jose R. Gonzalez Sr. is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($2,750) assessed in Rulings 2018-DDA-22 and 2018-DDA-23.

During said time of applicable suspension Jose R. Gonzalez Sr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses trained or owned by or under the care and custody of Jose R. Gonzalez Sr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of Jose R. Gonzalez Sr. must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: TAURINO GONZALEZ GUTIERREZ Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-74 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Owner/trainer Taurino Gonzalez-Gutierrez is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($25,000) assessed in Ruling 2017-COMM-4.

During said time of applicable suspension Taurino Gonzalez-Gutierrez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Additionally, effective upon applicable suspension dates, all horses trained or owned by or under the care and custody of Taurino Gonzalez-Gutierrez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of Taurino Gonzalez-Gutierrez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: GARY WELSH Ruling Date: 10/15/2018
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2018-MP-75 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RULING #162 DATE: 10/15/2018 NAME: Gary Welsh DOB: 8/28/1957 PERMIT: # 20169 Owner/Trainer

The Stewards hereby impose the following penalty:

Owner/Trainer Gary Welsh is hereby fined two hundred dollars ($200.00) for violation of WV Rule of Racing 178-1-26.3.g. “Each trainer is responsible for presenting his or her horse and being present at a time appointed before post time of the race in which the horse is entered.” Mr. Welsh failed to have the horse “Awesome Maddi C” present in the paddock for the 8th race on Monday, October 15, 2018, necessitating a late scratch.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: SHAWN A MARKS Ruling Date: 10/15/2018
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2018-MP-77 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING #158 DATE: 10/15/2018 NAME: Shawn Marks DOB: 9/16/1949 PERMIT: # 22324 Owner/Trainer

The Stewards hereby impose the following penalty: Trainer Shawn Marks is hereby fined one hundred dollars ($100.00) for violation of WV Rule of Racing 178-1-44-17. “there is no current negative test certificate for Equine Infectious Anemia (EIA) attached to its breed registration certificate or proof of a negative test certificate is not otherwise available.” Mr. Marks failed to have a current coggins for “Becoming Machen” for the running of the 5th race on Sunday, October 14, 2018.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: MONICA A KRUMMEN Ruling Date: 10/15/2018
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2018-MP-78 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RULING #160 DATE: 10/15/2018 NAME: Monica Krummen DOB: 10/13/1963 PERMIT: # 20965 Owner/Trainer

The Stewards hereby impose the following penalty:

Owner/Trainer Monica Krummen is hereby fined two hundred dollars ($200.00) for violation of WV Rule of Racing 178-1-26.3.g. “Each trainer is responsible for presenting his or her horse and being present at a time appointed before post time of the race in which the horse is entered.” Ms. Krummen failed to have the horse “Spot a Kiss” present in the paddock for the 8th race on Sunday, October 14, 2018, necessitating a late scratch.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: STACY N BELT Ruling Date: 10/15/2018
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2018-PRM-91 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Having waived his right to present evidence and testimony to the Board of Stewards, Owner/Trainer Stacy Belt is hereby assessed an administrative penalty of two hundred dollars ($200.00) for failure to conduct his business in a proper manner.  Specifically, Trainer Belt failed to secure a first call on Jockey Mario Delgado prior to naming Jockey Delgado to ride “Mr Jess Cruzin” in the third (3rd) race on October 13, 2018. Jockey Delgado refused to ride “Mr Jess Cruzin” which caused a late scratch in the official program.  “Mr Jess Cruzin” kept one of three horses from drawing into the body of the race from the also eligible list.
Name: ALAN ALEXIS LEGARDA-HERNANDEZ Ruling Date: 10/21/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-52-MOD Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/22/2018 Suspension End: 10/28/2018
Ruling Text: RE: 2018-ZIA-52 - Modified Ruling 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules SUSPENSION DATES CORRECTED Jockey ALAN LEGARDA-HERNANDEZ was summoned and appeared before the Board of Stewards October 15, 2018, for careless riding during the running of the 1st race on October 14, 2018, at Zia Park Racetrack, while aboard “PILOTPOINTDASHING”. (Bore out under left handed whip.)

The Board of Stewards hereby assess ALAN LEGARDA-HERNANDEZ a suspension of 7 calendar days (October 22, 2018, through October 28, 2018, inclusive). ALAN LEGARDA-HERNANDEZ is allowed to ride designated races.

Licensee is found in violation of and this ruling is written in accordance with:

15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “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)(d) NMAC: Post to Finish (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.

15.2.5.13(E)(3)(c) NMAC: Post to Finish Which states in pertinent part that “If the Stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey.” 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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 p

Name: ALAN ALEXIS LEGARDA-HERNANDEZ Ruling Date: 10/15/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-52 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/22/2018 Suspension End: 10/28/2018
Ruling Text:

Jockey ALAN LEGARDA-HERNANDEZ was summoned and appeared before the Board of Stewards October 15, 2018, for careless riding during the running of the 1st race on October 14, 2018, at Zia Park Racetrack, while aboard “PILOTPOINTDASHING”. (Bore out under left handed whip.)

The Board of Stewards hereby assess ALAN LEGARDA-HERNANDEZ a suspension of 7 calendar days (October 16, 2018, through October 22, 2018, inclusive). ALAN LEGARDA-HERNANDEZ is allowed to ride designated races.

Licensee is found in violation of and this ruling is written in accordance with:

15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “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)(d) NMAC: Post to Finish (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.

15.2.5.13(E)(3)(c) NMAC: Post to Finish Which states in pertinent part that “If the Stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey.” 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: ASHLEY CASTRENZE Ruling Date: 10/15/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 93-2018 DEL Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End: 10/25/2018
Ruling Text: October 15, 2018

Delaware Park Stewards Ruling

(93-2018)

Jockey Ashley Castrenze, DOB: 12/06/1996, RCI ID: 2089985, is suspended twenty (20) calendar days for extremely careless riding in the 6th race on Saturday, October 13, 2018. She is suspended ten (10) days, from Tuesday, October 16th, 2018, through and including Thursday, October 25, 2018. The remaining ten (10) days of her suspension will begin on the first racing day of the Delaware Park 2019 meet. Refer to D.T.R.C. Rules 3.4.1., 3.4.1.3, 3.4.1.17.1, 14.15 and 14.16.

Name: GENE LEE BURDEN Ruling Date: 10/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-47 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Gene L. Burden was duly notified , failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board Of Stewards on October 14, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (the official testing laboratory for the NMRC), for a confirmed positive for the therapeutic drug, Betamethasone (class 4 penalty category C major drug) found in test sample E282593. The test sample was taken from the second place finisher Im Bigtime Southern” following the 1st race on July 15, 2018, at Ruidoso Downs Racetrack.

The original lab report indicated a finding of Betamethasone at a level of 41.0±2.7 pg/ml in the blood, the allowable limit for Betamethasone is 10 pg/ml in the blood (15.2.6.9 Attachment#2). On September 10, 2018, Betamethasone was confirmed in the blood of the split sample sent to TVMDL.

Debra Smith, the owner of record for horse “Im Bigtime Southern”, was duly notified and failed to appear for this hearing. In accordance with 15.2.1.9(B)(4)(d) this is Debra Smith’s FIRST Class 4C major medication violation in a 365- day period .

For Gene L. Burden’s FIRST Class 4C major medication violation in a 365- day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows:

    1. A ($1,000) one thousand dollar fine to paid on or before November 14, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in prescribed time shall result in an immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards, 15.2.6.9(C)(1)(4)medication restrictions, 15.2.6.11(A)Trainer Responsibility, 16.47.1.8(T)Knowledge of the Rules, 16.47.1.8(U)(1)Protection of Horses, 16.47.1.10(B)(1-3) Absolute Insurer, 15.2.6.9 (B)(4), 15.2.6.9 Attachment #2, 15.2.6.9 (F) Permissible Medications With Acceptable Levels 15.2.1.9(B)(9)(b): Appeal Procedures 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: ISAAC MARTINEZ Ruling Date: 10/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-33-CC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/6/2018 Suspension End:
Ruling Text: RE: 2018-ZIA-33 - Case Continued Trainer, Isaac Martinez, was duly notified, failed to appear, and had his summary suspension hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on October 13, 2018. The summary suspension hearing was in regard to the confirmed positive of the Class 3 Controlled Substance, clenbuterol, found in the urine of test sample #E285508 taken from the second place finisher (trained by Isaac Martinez), “ASMODEE”, in the 3rd race on September 23, 2018, at The Downs at Albuquerque (The New Mexico State Fair).

In accordance with 15.2.1.9(B)(3)(a), the Board of Stewards hereby continue the summary suspension of all licenses belonging to Isaac Martinez until a disciplinary hearing can be held on November 5, 2018, @ 9:00a.m in the offices of the Board of Stewards at Zia Park Racetrack (3901 W. Millen Drive, Hobbs Nm.)

In accordance with 15.2.1.9 (C)(21), Isaac Martinez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Isaac Martinez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained, owned, or in the care and custody of Isaac Martinez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION. Licensee is found in violation of and this ruling is written in accordance with:15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing.15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample.16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.16.47.1.8(U)(2) Protection of horses No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care.16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 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 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.15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: ISAAC MARTINEZ Ruling Date: 10/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-33 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/6/2018 Suspension End:
Ruling Text: Trainer, Isaac Martinez, is hereby summarily suspended (second offense, currently under summary suspension, refer to ruling 2018-ZIA-30), effective immediately, October 6, 2018 pending the outcome of his hearing on October 13, 2018, @ 10:00a.m in the offices of the Board of Stewards at Zia Park Racetrack (3901 W. Millen Drive, Hobbs Nm.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the detection of the Class 3 Controlled Substance, clenbuterol, found in the urine of test sample #E285508 taken from the second place finisher (trained by Isaac Martinez), “ASMODEE”, in the 3rd race on September 23, 2018, at The Downs at Albuquerque (The New Mexico State Fair).

In accordance with 15.2.1.9 (C)(21), Isaac Martinez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Isaac Martinez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained, owned, or in the care and custody of Isaac Martinez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8(U)(2) Protection of horses No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care. 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 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 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. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: PETER WASILUK Ruling Date: 10/13/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 90-2018 DEL Ruling Type: Claiming Irregularities
Breed: Thoroughbred Division: Horse
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: October 13, 2018

Delaware Park Stewards Ruling

(90-2018)

Having appeared for a hearing on October 12, 2018, concerning claiming irregularities in the second race at Delaware Park on July 11, 2018, and considering mitigating circumstances, owner/trainer Peter Wasiluk, Jr., DOB: 11/12/1959, RCI ID: 1871607, will be put on a probationary license for a period of one year and he is fined the sum of seven hundred and fifty dollars ($750.00) for participating in prohibited claiming practices. Refer to D.T.R.C. Rules 3.3.1, 3.3.2, 3.3.10, 3.4.1, 3.4.1.1, 3.4.1.7, 3.4.1.15, 13.13, 13.13.1, and 13.13.4. Fine must be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: CHRISTOPHER DAVIS Ruling Date: 10/13/2018
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #18-0097 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: Christopher M. Davis (1/19/1989)

After waiving your right to a hearing before the Board of Stewards you are hereby fined TWO HUNDRED FIFTY ($250.00) DOLLARS for your disorderly conduct and your interference with Keeneland employees and racing officials while these persons were in the course of performing their duties on association grounds. 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 1:025 Section 14, Subsection (1)(x)8 and (y)

By Order of the Stewards

Name: JACKIE E. SANCHEZ Ruling Date: 10/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-42 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 10/13/2018 Suspension End: 12/11/2018
Ruling Text: Trainer, Jackie E. Sanchez, is hereby summarily suspended, effective immediately, October 13, 2018 pending the outcome of her hearing on October 16, 2018, @ 9:00a.m in the office of the Board of Stewards at Zia Park Racetrack (3901 W. Millen Drive, Hobbs Nm.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the confirmed positive of the Class 3 Controlled Substance, clenbuterol, found test sample #E290286 taken from the second place finisher (trained by Jackie E. Sanchez), “CLASSEE”, in the 4th race on September 29, 2018, at Zia Park Racetrack.

In accordance with 15.2.1.9 (C)(21), Jackie E. Sanchez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Jackie E. Sanchez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained, owned, or in the care and custody of Jackie E. Sanchez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8(U)(2) Protection of horses No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care. 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 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 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. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: JACKIE E. SANCHEZ Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-42-FO Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 10/13/2018 Suspension End: 12/11/2018
Ruling Text: RE: 2018-ZIA-42 - Ruling Final Outcome Trainer Jackie Sanchez was summarily suspended on October 13, 2018 and appeared for a summary suspension hearing, before the Board of Stewards on October 16, 2018, where she waived her rights to a 10-day notice and formal hearing. The hearing was in regards to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the therapeutic medication “Methylprednisolone” (class 4 penalty C Major) and the controlled substance and prohibited drug (class 3 penalty B) “clenbuterol” detected in the urine of horse “CLASSEE” (Test Sample #: E290286), who finished second place in the 4th race on September 29, 2018, at Zia Park Racetrack.

The original lab report indicated a finding of Methylprednisolone at 228±21 pg/ml in the blood, which exceeds the authorized medication limit of 100 pg/ml in the blood (15.2.6.9 Attachment #2, Page 5). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Jackie Sanchez.

Ivan Nunez is the owner of record for horse “CLASSEE” and this is his FIRST Class 4C Major and Class 3B medication violation in a 365-day period.

For Jackie Sanchez’s FIRST Class 4C Major and Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, as follows:

        1. A 60 day suspension of all NMRC licenses retroactive from the summary suspension, October 13, 2018, through December 11, 2018, inclusive.
        2. (Clenbuterol) A (1,000.00) one thousand dollar fine to paid on or before November 16, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
        3. (Methylprednisolone) A (1,000.00) one thousand dollar fine to paid on or before November 16, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
        4. Per 15.2.3.8 (B)(3)(j), the Board of Stewards hereby refer Jackie Sanchez to the New Mexico Racing Commission for further action if deemed appropriate
During said time of applicable suspension Jackie Sanchez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by, or under the care of Jackie Sanchez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by, or in the care and custody of Jackie Sanchez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION, and 16.47.1.10(D)(5)Assistant Trainers. Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations /16.47.1.8(T)Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/ 16.47.1.10(B) (1)(2)(3)Absolute Insurer/ 15.2.6.11 (A)(B)Trainer Responsibility 15.2.1.9(B)(9)(b): Appeal Procedures 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: MCLEAN CYRIL ROBERTSON Ruling Date: 10/12/2018
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C18097 Ruling Type: Employment Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer McLean Cyril Robertson is hereby assessed a civil penalty of Two Hundred Fifty Dollars ($250) for employing Manuel Davila-Gomez, an unlicensed and undocumented worker, in his assigned barn at Canterbury Park during the 2018 race meet in violation of the Immigration Law Certification on his 2018 Owner/Trainer license application.

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. - General authority 7877.0170 (Duties and Responsibilities of Class C Licensees) Subp. 2.F. - Trainers 7897.0100 (Prohibited Acts) Subp. 14. - Employing unlicensed personnel 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)

Name: GARY S MASON Ruling Date: 10/18/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23065 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Fined $100 for failure to declare an equipment change (flipping halter off) for his scheduled starter Sizzle Baby Sizzle in the 5th race on October 10, 2018, at Evangeline Downs, a change from its last race.
Name: James Madison Hill Ruling Date: 10/11/2018
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #18-0096-1 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: OWNERS: Jamie Hill and Michael J. McMahon

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at Truesdail Laboratories, Inc. (Laboratory ID: 1808135-01), sample number 00114474 taken from BOURBON RESOLUTION who finished first in the seventh race at Churchill Downs on June 28, 2018 contained betamethasone at a level of 30 pg/ml in blood (Class C). After waiving your right to a formal hearing before the Board of Stewards BOURBON RESOLUTION is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. All purse monies must be returned to the association. The purse of this race is ordered redistributed as follows:

THE OFFICIAL ORDER OF FINISH IS:

1st # 5 FRONT DOOR 2nd # 4 QUALITY ROLLS 3rd # 1 BRYZZO 4th # 3 COME ON DOVER 5th # 6 TIZ OUR TURN

Disqualified # 2 BOURBON RESOLUTION

810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section (6)(7) 810 KAR 1:028 Section 4, subsection (3)(a)(c) BY ORDER OF THE STEWARDS

Name: PORFIRIO GUILLERMO FIERRO Ruling Date: 10/17/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23064 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Boldenone was reported at 1.819ng/ml  in post-race plasma of sample FG34173 taken from “Fast Flying Fish”, winner of race 6, August 25, 2018, at Fair Grounds Race Course. Upon notification, Trainer Porfirio Fierro declined his right to have the split portion tested and waived his right to a formal stewards’ hearing. The stewards concluded that the sample contained Boldenone and this is an ARCI category III drug violation. Trainer Porfirio Fierrois hereby fined $1000 and “Fasy Flying Fish” is disqualified and declared unplaced and the purse ordered redistributed.
Name: MICHAEL JOSEPH MCMAHON Ruling Date: 10/11/2018
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #18-0096-2 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: OWNERS: Jamie Hill and Michael J. McMahon

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at Truesdail Laboratories, Inc. (Laboratory ID: 1808135-01), sample number 00114474 taken from BOURBON RESOLUTION who finished first in the seventh race at Churchill Downs on June 28, 2018 contained betamethasone at a level of 30 pg/ml in blood (Class C). After waiving your right to a formal hearing before the Board of Stewards BOURBON RESOLUTION is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. All purse monies must be returned to the association. The purse of this race is ordered redistributed as follows:

THE OFFICIAL ORDER OF FINISH IS:

1st # 5 FRONT DOOR 2nd # 4 QUALITY ROLLS 3rd # 1 BRYZZO 4th # 3 COME ON DOVER 5th # 6 TIZ OUR TURN

Disqualified # 2 BOURBON RESOLUTION

810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section (6)(7) 810 KAR 1:028 Section 4, subsection (3)(a)(c) BY ORDER OF THE STEWARDS

Name: IAN R WILKES Ruling Date: 10/11/2018
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #18-0095 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Ian R. Wilkes (D.O.B. 5/25/1965)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at Truesdail Laboratories, Inc. (Laboratory ID: 1808135-01), sample number 00114474 taken from BOURBON RESOLUTION who finished first in the seventh race at Churchill Downs on June 28, 2018 contained betamethasone at a level of 30 pg/ml in blood (Class C). After waiving your right to a formal hearing before the Board of Stewards you are hereby fined FIVE HUNDRED ($500.00) DOLLARS. BOURBON RESOLUTION is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. 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 1:008 Section 3, subsection (4) 810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section (6)(7) 810 KAR 1:018 Section 2 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028, Section 4, subsection (3)(a)(b)

BY ORDER OF THE STEWARDS

Name: ANTONIO MARTINEZ Ruling Date: 10/17/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23059 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol was reported at 1544pg/ml in post-race urine and 32.9pg/ml of plasma of sample FG34141 taken from “Lf Fantastic Perk”, third finisher  of race 4, August 23, 2018, at Fair Grounds Race Course. Upon notification, Trainer Antonio Martinez declined his right to have the split portion tested and waived his right to a formal stewards’ hearing. The stewards concluded that the sample contained Clenbuterol above the permitted level and this is an ARCI category III drug violation. Trainer Antonio Martinez is hereby fined $1000 and “Lf Fantastic Perk” is disqualified and declared unplaced and the purse ordered redistributed.
Name: JOSEPH MICHAEL DAVIS Ruling Date: 10/17/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23060 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol was reported at 1601pg/ml in post-race urine and 9.7 pg/ml in post race sample FG34199 taken from “Pieper”, winner of race 6, September 7, 2018, at Fair Grounds Race Course. Upon notification, Trainer Joseph Davis declined his right to have the split portion tested and waived his right to a formal stewards’ hearing. The stewards concluded that the sample contained Clenbuterol above the permitted level and this is an ARCI category III drug violation. Trainer Robert Meche is hereby fined $1000 and “Pieper” is disqualified and declared unplaced and the purse ordered redistributed.
Name: KELLYN DEAN GORDER Ruling Date: 10/10/2018
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2018-MP-76 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Kellyn Gorder is hereby fined one hundred dollars ($100.00) for violation of WV Rule of Racing 178-1-44.1. “Its breed registration is not on file with the association’s racing secretary one-half hour before post time of the first race.” Mr. Gorder failed to have the foal registration papers on file with the racing office for “Mahdia” in the 5th race on Wednesday, October 10, 2018.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: FLORENTINO LEON Ruling Date: 10/18/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23058 Ruling Type: Failure to Complete License Procedure
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/7/2018 Suspension End:
Ruling Text:
Ineligible to participate in racing pending completion of owner license requirements. (Temporary owner license expired 10/07/18).
Name: JOSE ABRAHAM SANDOVAL Ruling Date: 10/17/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23062 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ 0 Fine Paid: N
Suspension Start: 10/7/2018 Suspension End: 10/13/2018
Ruling Text:
Suspended for seven calendar days October 7, 2018 through October 13, 2018 inclusive, for careless riding, while aboard Papas Dash during the running of race 2, October 5, 2018, at Evangeline  Downs, resulting in the disqualification of his mount,  from third to last place. Allowed to ride in designated races.  Participation in such race/s extends suspension a like number days.
Name: ROBERT MECHE Ruling Date: 10/17/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23061 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol was reported at 200pg/ml in post-race urine of sample FG34197 taken from “Fdp Rock Solid”, winner of race 6, September 1, 2018, at Fair Grounds Race Course. Upon notification, Trainer Joseph Davis declined his right to have the split portion tested and waived his right to a formal stewards’ hearing. The stewards concluded that the sample contained Clenbuterol above the permitted level and this is an ARCI category III drug violation. Trainer Robert Meche is hereby fined $1000 and “Ftd Rock Solid” is disqualified and declared unplaced and the purse ordered redistributed.
Name: JESUS G BELTRAN Ruling Date: 10/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-38 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 10/8/2018 Suspension End: 11/6/2018
Ruling Text: THIS RULING IS WRITTEN IN ACCORDANCE WITH THE NMRC RULES THAT WERE IN EFFECT ON JULY 28, 2018.

Trainer Jesus Beltran was duly notified and waived his rights to a 10-day notice and formal hearing before the Board of Stewards on October 8, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Kazzin Fortune” (Test Sample #: E276697), who finished FIRST place in the 9th race on July 28, 2018, at Albuquerque Downs Racetrack. On August 30, 2018, clenbuterol was confirmed in the urine of the split sample sent to Analytical Toxicology Lab.

Giovanni Zamora, the owner of record for horse “Kazzin Fortune”, was duly notified and failed to appear for this hearing. This is Giovanni Zamora’s FIRST Class 3B medication violation in a 365-day period.

For Jesus Beltran’s FIRST Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty ,issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, as follows:

    1. A 30 day suspension of all NMRC licenses starting October 8, 2018, through November 6, 2018, inclusive.
    2. A ($750.00) seven hundred and fifty dollar fine to paid on or before November 8, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension Jesus Beltran is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by, or under the care and custody of Jesus Beltran are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by, or in the care and custody of Jesus Beltran must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION, and 16.47.1.10(D)(5)Assistant Trainers. Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations /16.47.1.8(T)Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/ 16.47.1.10(B) (1)(2)(3)Absolute Insurer 15.2.1.9(B)(9)(b): Appeal Procedures 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.

Name: Cesar Guadalupe Cervantes Gutierrez Ruling Date: 10/8/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-86 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA Rule Misuse of Whip during Race
Name: Cesar Guadalupe Cervantes Gutierrez Ruling Date: 10/8/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-86-FO Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-CENT-86 - Ruling Final Outcome
Name: ISAIAS ENRIQUEZ Ruling Date: 10/7/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-36 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/15/2018 Suspension End: 10/21/2018
Ruling Text: Jockey, ISAIAS D.ENRIQUEZ., was summoned and appeared before Board of Stewards on October 7, 2018, for careless riding during the running of the 9th race on October 6, 2018, at Zia Park Racetrack, while aboard “MAHONEY N TACKLEBERY” which resulted in his mount being disqualified from 1st place to 7th place. (Bore out going into the turn and impeded outside horses)

The Board of Stewards hereby suspends ISAIAS D.ENRIQUEZ for a period of 7 calendar days (October 15, 2018, through October 21, 2018, inclusive). ISAIAS D.ENRIQUEZ is allowed to ride designated races.

Licensee is found in violation of and this ruling is written in accordance with:

15.2.5.13(E)(2)(a) Post to Finish Which states in pertinent part that “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) Thoroughbred Races 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.”

15.2.5.13(E)(3)(c) Post to Finish/15.2.5.13(E)(3)(d) Post to Finish/15.2.5.13(E)(4)(a) Disqualification/ 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority / 16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures /15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: Douglas William Chappell Ruling Date: 10/6/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-#84 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $300.00 H.R.A. Directive No.085 - 2016 Rule 458(2)(g)(b); driver may strike the shaft of the sulky or saddle pad in a one handed motion for a maximum of 3 strikes but must pause after each strike.
Name: Michael Riley Hennessy Ruling Date: 10/6/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-H#85 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $100.00 H.R.A. Directive No. 085-2016; Rule 458(1)(q); driver kicks a horse or allows their foot to come into contact with a horse by having their foot out of a stirrup.
Name: Nathan Keith Sobey Ruling Date: 10/6/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-H#86 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. Directive No. 085 - 2016; once the horse has reached the 7/8 mile pole, the driver may, in a one handed motion strike the shaft of the sulky or the saddle pad in a reasonable and responsible manner, no more that 3 strikes.
Name: JOSE ANTONIO MORENO-DORADO Ruling Date: 10/5/2018
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2018-PRM-89 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
A report from Industrial Laboratories states “Bargain Boy” who finished first in the sixth race on September 16, 2018 tested at a level of 3.5 +/- 0.4ug/ml of Phenylbutazone in blood sampleE270057.  The allowable level is 2.0 ug/ml.    
 
Having waived his right to present evidence and testimony to the Board of stewards, and declining to send his split sample, Trainer Jose Moreno-Dorado is hereby fined two hundred fifty dollars ($25
Name: WAYNE ALLEN POTTS Ruling Date: 10/4/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 89-2018 DEL Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: October 4, 2018

Delaware Park Stewards Ruling

(89-2018)

Trainer Wayne Potts, DOB: 12/23/1980, RCI ID: 1960872 , having waived his right to a hearing, is fined the sum of five hundred dollars ($500.00) for failing to ensure that the horse “Wowza Man”, under his care as trainer, was tattooed, necessitating a late scratch from the fourth (4th) race on Wednesday, October 3, 2018. Refer to D.T.R.C. Rules 3.4.1, 3.4.1.15, 7.3.1, 7.3.6, 10.2.3. Fines due within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: Brenda A Sanchez Ruling Date: 10/16/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23055 Ruling Type: Failure to Complete License Procedure
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Ineligible to participate in racing pending completion of owner license requirements. (Temporary owner license expired 9/16/18).
Name: Brenda A Sanchez Ruling Date: 10/17/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23055-REST Ruling Type: Failure to Complete License Procedure
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
RE: 23055 - Restored to Good Standing; Completed license procedures on October 10, 2018.
Name: Elizabeth M Montanez Ruling Date: 10/16/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23054 Ruling Type: Failure to Complete License Procedure
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Ineligible to participate in racing pending completion of owner license requirements. (Temporary owner license expired 9/27/18).
Name: Elizabeth M Montanez Ruling Date: 10/17/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23054-REST Ruling Type: Failure to Complete License Procedure
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
RE: 23054 - Restored to Good Standing; Completed license procedures on October 10, 2018.
Name: DARRELL J QUINN Ruling Date: 10/3/2018
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 18-118 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/3/2018 Suspension End:
Ruling Text: On Saturday, June 2, 2018, a ruling conference was held with plater Darrell J. Quinn regarding a financial complaint lodged by Lazy K Tack, LLC, and a payment schedule was set up in ruling number EMD18-034. Mr. Ouinn failed to abide by the payment agreement established by the ruling. Accordingly, Darrell J. Quinn is hereby suspended until such time as this matter is resolved and the amount of $2,475.41 is paid in full.

WAC 260-24-510 WAC 260-28-030

FACILITY ACCESS During the term of this suspension Darrell J Quinn is denied access to and privileges of any and all restricted areas coming under the jurisdiction of the Washington Horse Racing Commission.

RIGHT TO CHALLENGE You have the right to challenge this stewards' ruling. If you wish to challenge this ruling, you must file a request for a hearing before the Commission within seven (7) days of service of this ruling. The request must be filed with an office of the Commission and must include your name, address, telephone number, signature and a statement of the basis for the challenge to the ruling. If such request for hearing is not filed with the Commission within the seven days or in the format listed above, then you are deemed to have waived your rights to a hearing before the Commission. After seven days, if you have not filed a request for a hearing before the Commission the Stewards' penalty will be imposed.

You may elect to accept the Stewards' penalty prior to the expiration of the seven day period. If you elect to accept the Stewards' penalty, you must sign a waiver form which can be obtained from the Stewards. If the Stewards' penalty is suspension, service of the suspension will begin on a date decided by the Stewards. (WAC 260-08-675 and WAC 260-24-510)

Name: ISAAC MARTINEZ Ruling Date: 10/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-31-CC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/2/2018 Suspension End: 11/30/2018
Ruling Text: RE: 2018-ZIA-31 - final outcome Trainer Isaac Martinez was summarily suspended on October 2, 2018 and responded telephonically for a summary suspension hearing, before the Board of Stewards on October 6, 2018, where he waived his rights to a 10 day notice and formal disciplinary hearing. The hearing was in regards to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the controlled substance and prohibited drug (class 3 penalty B) “clenbuterol” detected in the urine of horse “Dashing Won” (Test Sample #: E285412), who finished FIRST place in the 2nd race on September 19, 2018, at The Downs at Albuquerque (The New Mexico State Fair). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Isaac Martinez.

Christian A. Dominguez Olivas is the owner of record for horse “Dashing Won” and this is his SECOND Class 3B medication violation in a 365-day period.

For Isaac Martinez FIRST Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, as follows:

    1. A 60 day suspension of all NMRC licenses retroactive from the summary suspension, October 2, 2018, through November 30, 2018, inclusive.
    2. A (1,000.00) one thousand dollar fine to paid on or before November 7, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time may result in an immediate suspension.
    3. Per 15.2.3.8 (B)(3)(j), the Board of Stewards hereby refer Isaac Martinez to the New Mexico Racing Commission for further action if deemed appropriate

During said time of applicable suspension Isaac Martinez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by, or under the care of Isaac Martinez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by, or in the care and custody of Isaac Martinez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION, and 16.47.1.10(D)(5)Assistant Trainers. Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations /16.47.1.8(T)Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/ 16.47.1.10(B) (1)(2)(3)Absolute Insurer/ 15.2.6.11 (A)(B)Trainer Responsibility 15.2.1.9(B)(9)(b): Appeal Procedures 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: ISAAC MARTINEZ Ruling Date: 10/2/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-31 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/2/2018 Suspension End: 11/30/2018
Ruling Text: Trainer, Isaac Martinez, is hereby summarily suspended, effective immediately, October 2, 2018 pending the outcome of his hearing on October 6, 2018, @ 10:00a.m in the offices of the Board of Stewards at Zia Park Racetrack (3901 W. Millen Drive, Hobbs Nm.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the detection of the Class 3 Controlled Substance, clenbuterol, found in the urine of test sample #E285412 taken from the winner (trained by Isaac Martinez), “Dashing Won”, in the 2nd race on September 19, 2018, at The Downs at Albuquerque (The New Mexico State Fair).

In accordance with 15.2.1.9 (C)(21), Isaac Martinez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Isaac Martinez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained, owned, or in the care and custody of Isaac Martinez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8(U)(2) Protection of horses No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care. 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 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 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. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: Rigo Alberto Sarmiento Ruling Date: 9/30/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-81 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA Rule Fail to maintain straight course away from starting gate
Name: Rigo Alberto Sarmiento Ruling Date: 9/30/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-81-FO Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-CENT-81 - Ruling Final Outcome
Name: SKYLER. B GREEN Ruling Date: 9/28/2018
Jurisdiction: Washington Racing Commission Facility: Washington Horse Racing Commission
Ruling Number: OLY 18-007 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: 9/28/2018 Suspension End: 10/17/2018
Ruling Text: After being properly notified and failing to appear, the WHRC trainer's license of Sklyer Brent Greene is hereby suspended for failing to provide employees financial relief from injury. Skyler Brent Greene failed to make the required Labor and Industries premium payment. Additionally, Skyler Brent Greene is hereby assessed a fine of $50.00. When the premiums due for the Labor and Industries for May of $25.00 and the fine of $50.00, for a total of $75.00, is received Skylar Brent Greene will be eligible for reinstatement.

WAC 260-28-235

During the term of this suspension Skylar Brent Greene is denied access to and privileges of any and all restricted areas coming under the jurisdiction of the Washington Horse Racing Commission.

You have the right to challenge this Executive Secretary's ruling. If you wish to challenge this ruling, you must file a request for a hearing before the Commission within seven (7) days of service of this ruling. The request must be filed with an office of the Commission and must include your name, address, telephone number, signature and a statement of the basis for the challenge to the ruling. If such request for hearing is not filed with the Commission within the seven days or in the format listed above, then you are deemed to have waived your rights to a hearing before the Commission. After seven days, if you have not filed a request for a hearing before the Commission the Executive Secretary's penalty will be imposed.

Name: KENNETH MIKEY LARUE Ruling Date: 9/23/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2018-NMS-39 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: 9/24/2018 Suspension End: 9/30/2018
Ruling Text: Paddock Judge Kenneth Larue having been duly notified appeared, and had his hearing held before the Board of Stewards on September 23, 2018, for working unprofessionally for his position in the paddock.

Licensee is found to be in violation of : 16.47.1.8 (L)(i) 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.

For this rule violation, the Board of Stewards assessed Kenneth Larue a penalty in the amount of two hundred fifty dollars ($250.00) and a 7 day suspension beginning September 24, 2018 through September 30. The fine is to be paid on or before October 23, 2018, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed will result in immediate suspension.

This ruling is written in accordance with: 15.2.1.9(B)(4)(d) Nonappearance of a summoned party 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: LUIS APODACA DIAZ Ruling Date: 9/21/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2018-NMS-35 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Luis A. Apodaca, having been duly notified, appeared before the Board of Stewards on September 21, 2018, regarding his excessive use of the whip after the finish of the 4th race on September 20, 2018 at The New Mexico State Fair Race Track. Licensee is found to be in violation of: 15.2.5.13(E)(6)(A) Use of riding crops. Although the use of a riding crop is not required, any jockey who uses a riding crop during a race shall do so only in a manner consistent with exerting his or her best efforts to win. 15.2.5.13(E)(6)(e) Use of riding crops. 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. This ruling is written in accordance with: 15.2.1.9(B)(4)(A)NMAC Notice Except as provided by these rules regarding summary suspension, jockey riding infractions and trial races, the stewards or a racing commission designee shall provide written notice, at least 10 days before the hearing, to a person who is the subject of a disciplinary hearing. The person may waive their right to 10 days notice by executing a written waiver.

For this rule violation, the Board of Stewards assessed Luis Apodaca a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before October 20, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed will result in immediate suspension.

15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: ESTABAN RAMIREZ Ruling Date: 9/19/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2018-NMS-27 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 9/24/2018 Suspension End: 3/22/2019
Ruling Text: Trainer: Esteban Ramierez, having been duly notified and appeared to waive his right to a hearing before the Board of Stewards on September 14, 2018, regarding a lab report from Industrial Laboratories (the official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Miracle Bunny”( Test Sample #: E276246), who was scratched from the 7th race on June 30, 2018 at the Downs at Albuquerque Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Esteban Ramierez, and declined.

Fidel Diaz, is the owner of record for horse “Miracle Bunny”.

Licensee is found in violation of 15.2.6.9(C)(1) : prima facie evidence 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(C)(4) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

For Esteban Ramirez SECOND Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (B)(2)Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

    1. A 180 day suspension of all NMRC licenses starting September 24, 2018, through March 21, 2019, inclusive.
    2. A ($2500.00) Twenty-Five Hundred dollar fine to paid on or before October 19, 2018, in accordance with 15.2.3.8 (B)(3)(l) . Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7), 15.2.6.9(C)(5)(c), 15.2.6.9(C)(4), the horse “Miracle Bunny” is placed on the Stewards list for a period of 60 days (beginning July 17, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Esteban Ramierez. 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). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Esteban Ramierez. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) .

This ruling is written in accordance with 15.2.6.11(A)(B) NMAC: Trainer Responsibility 16.47.1.10(B)(1)(2) NMAC: Absolute Insurer 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." 15.2.1.9(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: VICTOR HUGO MOLINA Ruling Date: 9/18/2018
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 18MON48 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Agent Victor Molina is hereby fined the sum of one hundred ($100.00) dollars for failing to conduct his business in a proper manner for the12th race on Sunday, September 9, 2018.

This is in accordance with NJAC 13:70 -16.4 - Governing Conduct - The stewards shall have the power and it shall be their duty to regulate and govern the conduct of all racing officials and of all owners, trainers, jockeys, grooms and all other persons attendant on horses during, before, and after races, unless the power and the duty is vested in the Racing Commission.

Name: PASCASIO ROSAS LOPEZ Ruling Date: 9/18/2018
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 18MON49 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Pascacio Lopez is hereby fined the sum of two hundred ($200.00) dollars for failing to fulfill his riding engagements on Sunday, September 9, 2018 in the 12 & 13th races 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: RAUL VELARDE VEGA Ruling Date: 9/13/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2018-NMS-17 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Raul Vega-Velarde; having been duly notified and having waived his rights to a hearing before the Board Of Stewards on September 12, 2018, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Methylprednisolone (class 4C-Major penalty) found in test sample E276457 taken from the 2nd place finisherAtlas Sparks” following the 9th race, on July 13, 2018, at the Downs at Albuquerque.

The original lab report indicated a finding of Methylprednisolone at 197 pg/ml in the blood. The allowable limit for Methylprednisolone is 100 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Raul Vega-Velarde.

Angel Ponce de Leon is the owner of record for horse “Atlas Sparks

In accordance with rules 15.2.6.9 (B)(4), this is Raul Vega-Velarde’s FIRST Class 4C-Major medication violation. For Raul Vega-Velarde’s FIRST Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows:

    1. A ($1,000) One thousand dollar fine to paid on or before October 13, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations.

Name: GARY KENT WALKER Ruling Date: 9/12/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-069 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: ON 9/6/2018 IT COMES FOR HEARING BEFORE THE WRD BOARD OF STEWARDS ON BEHALF OF THE FMT BOARD OF STEWARDS AND THE COMPLAINT AGAINST OWNER/TRAINER GARY K. WALKER. AFTER HAVING BEEN DULY NOTIFIED OF A HEARING, MR. WALKER DID APPEAR IN PERSON AND WAS NOT REPRESENTED BY COUNSEL. THE FINDINGS OF FACTS ARE THAT MR. WALKER DID ENTER AND RACE THE HORSE UNDER HIS SUPERVISION, "MOORES ROCK FLASH", WHICH WAS THE FIRST PLACE FINISHER IN THE 6TH RACE AT FMT ON 6/16/2018. THE HORSE TESTED POSITIVE FOR THE DRUG, "FLUNIXIN". TRAINER GARY WALKER WAS AFFORDED THE OPPORTUNITY TO WAIVE HIS RIGHT TO A HEARING, BUT HE REFUSED TO RESPOND UPON REQUEST. FINALLY, MR. WALKER RESPONDED ON 8/29/2018 AND REQUESTED A HEARING TAKE PLACE. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS ON BEHALF OF THE FMT BOARD OF STEWARDS THAT MR.WALKER SHALL BE AND IS HEREBY FINED $1000.00.
Name: JASON MARVIN PERKINS Ruling Date: 9/9/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2018-NMS-9 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Jason Perkins having been duly notified appeared telephonically before the Board of Stewards on September 9, 2018 regarding a security citation for having a unlicensed person on the backside in the barn area September 6, 2018, at The New Mexico State Fair Race Track. Licensee is found to be in violation of: 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. S. Temporary access authority: Track security may authorize unlicensed persons temporary access to restricted areas. Such person shall be identified and their purpose and credentials verified and approved in writing by track security. Such authorization or credential may only be used by the person to whom it is issued. T. Knowledge of rules: A licensee shall be knowledgeable of the rules of the commission;

The Board of Stewards assessed Jason Perkins a penalty in the amount of two hundred dollars ($200). The fine is to be paid on or before October 9, 2018 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay this fine within the time prescribed will result in immediate suspension. This ruling is written in accordance with: 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY 15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (a)(c)(d)Stewards General Authority 16.47.1.8 (T) KNOWLEDGE OF RULES 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required 16.47.1.8(N) Last Known Address 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: ELISHA M RATHMAN Ruling Date: 9/7/2018
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 18MON42 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Having failed to provide the proper documents (expired date on health certificate for  EHV1 shot) at the stable gate on Saturday, August 25, 2018 necessitating a late scratch, Trainer Elisha Rathman is hereby fined the sum of five hundred ($500.00) dollars.
 
Violation of N.J.A.C. Rules;
 
13:70-1.15 Penalties; Act detrimental to racing
 
13:70-3.43 Certificate of Veterinary examination
 
13:70-16.4 Governing Conduct
Name: MANUEL CRUZ Ruling Date: 9/7/2018
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 18MON41 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Jockey Manoel Cruz is hereby fined two hundred ($200.00) dollars for failing to fulfill his riding engagements on Friday, August 31, 2018 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: ELIZA APODACA Ruling Date: 9/6/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2018-NMS-4 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: N
Suspension Start: 9/7/2018 Suspension End:
Ruling Text: Spouse Eliza Apodaca having been duly notified, having failed to appear, and had her hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d), before the Board of Stewards on September 7, 2018 at the New Mexico State fair . The hearing was concerning a security citation where she was involved in disorderly conduct in the barn area near the test barn on August 17, 2018

For this violation, the Board of Stewards issued a penalty of $300.00 Three Hundred Dollars. A suspension of any/all New Mexico Racing Commission licenses, effective immediately September 7, 2018. During said time of suspension Elia Apodaca 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.

Licensee is found to be in violation of: 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. This ruling is written in accordance with: 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: FELIZARDO BORBON CARRIZOSA Ruling Date: 9/3/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2018-NMS-1 Ruling Type: General/Miscellaneous Rulings
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Groom/Exercise Rider Felicardo Carrizosa having waived his right to a ten day notice appeared before the board of Stewards on September 3, 2018 concerning a security citation for having unlicensed persons in his tack room several times after being warned is found in violation of Commission rules:

Licensee is found to be in violation of: 16.47.1.8 (L)(1)(i) – CONDUCT 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”

For this rule violation, the Board of Stewards assessed Felicardo Carrizosa a penalty in the amount of Two Hundred dollars ($200.00). This fine is to be paid on or before October 3, 2018 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 written in accordance with: 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General authority. 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. 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: Ryne Andrew Valerio Ruling Date: 9/2/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-160 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Assistant Racing Secretary RYNE A. VALERIO, , was duly notified , failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on September 1, 2018. The hearing was in regard to RYNE A. VALERIO, accepting the ineligible entry (insufficient works) “MELAS MIRACLE”, which resulted in a scratch from the 6th race on August 17, 2018, at Ruidoso Downs.

The Board of Stewards hereby fines RYNE A. VALERIO in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before October 2, 2018 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 and this ruling is written in accordance with: 15.2.5.11 (A)(1-4) WORKOUTS REQUIREMENTS 15.2.3.8 (A)(5)(b) Racing Official Accountability A racing official may be held responsible by the stewards or the commission for their actions, and the actions of their assistants and employees 15.2.5.12(L) HORSES INELIGIBLE: A horse shall be ineligible to start in a race when it lacks sufficient official published workouts or race past performance(s) 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: JOSE ENRIQUE ORTIZ Ruling Date: 9/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-162-REST1 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/2/2018 Suspension End: 9/6/2018
Ruling Text: RE: 2018-RUI-162 - Restored to Good Standing.
Name: JOSE ENRIQUE ORTIZ Ruling Date: 9/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-162-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/2/2018 Suspension End: 9/6/2018
Ruling Text: RE: 2018-RUI-162 - Restored to Good Standing

Fine Paid DAA

Name: JOSE ENRIQUE ORTIZ Ruling Date: 9/2/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-162 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/2/2018 Suspension End: 9/6/2018
Ruling Text: Jockey Jose Enrique Ortiz is hereby suspended, effective immediately September 2, 2018, for failing to pay the fines ($500) assessed in Rulings 2018-RUI-67, 2018-RUI-66, 2018-RUI-46.

During said time of applicable suspension Jose Enrique Ortiz is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: EVERADO HERNANDEZ Ruling Date: 9/1/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-97 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 9/3/2018 Suspension End: 11/1/2018
Ruling Text: Trainer/ Owner Everardo Hernandez was duly notified and waived his right to a hearing before the Board of Stewards on September 1, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in the urine of horse “Faster Version” (Test Sample #: E276535), who finished in 1st place in the 8th race on July 18, 2018, at the Downs at Albquerque Racetrack. Everado Hernandez and Mike Ventura, are the owners of record for horse “Faster Version”, and were duly notified..

For Everado Hernandez 1st Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty ,issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, as follows:

  1. A 60 day suspension of all NMRC licenses starting September 3, 2018, through November 1, 2018, inclusive.
  2. A ($1000.00) One Thousand Dollar fine to be paid on or before October 1, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.
  3. In accordance with 15.2.5.13(E)(4)(d) Purse Redistribution, the horse “Faster Version” is hereby disqualified from 1st place and ordered unplaced from the 8th race on July 18, 2018, at the Downs at Albuquerque for all but pari-mutuel wagering. The purse redistribution is as follows.

1. Jess Strekin Spunky 6. Authorized Closer 2. Laynis Diamond 7. Miss Freighttrain Z 3. O What a Night 4. First Moon Fire 5. Azoom Policy Unplaced: Faster Version

Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Faster Version” is placed on the Stewards list for a period of 60 days (beginning August 1, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

During said time of applicable suspension Everado Hernandez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Everado Hernandez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by, owned by, or in the care and custody of Everado Hernandez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION, and 16.47.1.10(D)(5)Assistant Trainers. Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations 15.2.1.9(B)(9)(b): 15.2.5.13(E)(4)(d) Purse Redistribution

15.2.1.9(B)(9)(b): Appeal Procedures 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: AKE SVANSTEDT Ruling Date: 8/30/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 18MDH54 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: 8/18/2018 Suspension End: 8/26/2018
Ruling Text:
While driving #6 SIX PACK in the 9th race on Saturday, August 4, 2018, Mr. Svanstedt did drive in a careless manner by:
 
        Moving his horse off the hubless rail pylons and into the outer tier, coming out late on #7              TACTICAL LANDING, causing the driver of TACTICAL LANDING to take back and move wide in order to avoid contact while approaching the half mile pole.  Mr. Svanstedt's actions are in violation of N.J.A.C. 13:71-20.6 (a)1,2,5,6,8,10. As a result, Mr. Svanstedt is hereby suspended from driving for a period for three days;
        
        Driving with a wheel inside of a hubless rail pylon in the stretch.  Mr. Svanstedt's actions are in violation N.J.A.C. 13:71-20.6 (a)10.  As a result, Mr. Svanstedt is hereby fined the sum of $100.00.
 
        Hooking wheels with #3 CLASSICHAP in the stretch, forcing the driver of CLASSICHAP to take hold of his horse. Mr. Svanstedt's actions are in violation of N.J.A.C.13:71-20.6 (a) 2,8,10.  
As a result, Mr. Svanstedt is hereby suspended from driving for a period of five days.
 
Mr. Svanstedt is hereby suspended from driving for a total of eight days and fined the sum of $100.00.  The period of suspension shall begin on Saturday, August 18, 2018 and continue through
and including Saturday, August 25, 2018, however, consistent with provisions contained in N.J.A.C.
13:71-2.3(b), Mr. Svanstedt may participate as a driver on Saturday, August 25, 2018, only in the races designated as elimination races for the Hudson Trot and the Yonkers Trot.  Mr. Svanstedt shall serve one addition day of suspension from driving on Sunday, August 26, 2018.
Name: MICHAEL R DINI Ruling Date: 8/30/2018
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 18MON40 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 Mike Dini is hereby fined the sum of one hundred ($100.00) dollars for failing to have the foal papers for MY SISTER'S KEEPER on file with the horse identifier for the 5th race on Saturday, August 25, 2018.    
 
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: JOSE L MUELA Ruling Date: 8/25/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-134 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Jose Luis Muela was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on August 25, 2018. The hearing was in regard to Jose Luis Muela failing to have sufficient works for entry “MELAS MIRACLE”, which resulted in a scratch in the 6th race on August 17, 2018.

The Board of Stewards hereby fines Jose Luis Muela.in the amount of two hundred dollars ($200.00). The fine is to be paid on or before September 25, 2018, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with:

15.2.5.11( A) WORKOUT REQUIREMENTS 15.2.5.12 (L) HORSES INELIGABLE 16.47.1.10 (C)(18) TRAINER RESPONSIBILITY

15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: NATHAN E HARVEY Ruling Date: 8/24/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 62-2018 DEL Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: August 24, 2018

Delaware Park Stewards Ruling

(62-2018)

Owner Nathan Harvey, DOB: 09/21/1976, RCI ID: 284043, is hereby fined fifty dollars ($50.00) for driving an unauthorized vehicle in the barn area of Delaware Park on August 15, 2018. Refer to D.T.R.C. Rules 3.4.1, 3.4.1.1, 3.4.1.15. Fines must be paid within 48 hours. Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: JOE LOUIS HONESTO Ruling Date: 8/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-128 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Trainer, Joe Honesto, was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on August 20, 2018. The hearing was in regard to Joe Honesto failing to declare equipment (Flipping Halter Off) at time of entry for “I MOON THE MOON”, entered in the 2nd race on July 28, 2018, at Ruidoso Downs.

The Board of Stewards hereby fines Joe Honesto in the amount of two hundred dollars ($ 200.00). The fine is to paid on or before September 20 2018, 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 and this ruling is written in accordance with:

15.2.5.8 (B)(10) Procedure For Entries Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.5.8 (B)(6) Procedure For Entries No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards 15.2.6.11(E)(11)Trainer Responsibility The trainer is responsible for ensuring proper bandages, equipment and shoes.

15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal

Name: TONY EDDIE SEDILLO Ruling Date: 8/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-129 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Trainer, Tony Sedillo, was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on August 20, 2018. The hearing was in regard to Tony Sedillo failing to declare equipment (Flipping Halter Off) at time of entry for “MR. BILL BASS”, entered in the 7th race on July 28, 2018, at Ruidoso Downs.

The Board of Stewards hereby fines Tony Sedillo in the amount of two hundred dollars ($ 200.00). The fine is to paid on or before September 20 2018, 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 and this ruling is written in accordance with:

15.2.5.8 (B)(10) Procedure For Entries Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.5.8 (B)(6) Procedure For Entries No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards 15.2.6.11(E)(11)Trainer Responsibility The trainer is responsible for ensuring proper bandages, equipment and shoes.

15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal

Name: WAYNE ALLEN POTTS Ruling Date: 8/20/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 58-2018 DEL Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: August 20, 2018

Delaware Park Stewards Ruling

(58-2018)

Trainer Wayne Potts, DOB: 12/23/1980, RCI ID: 1960872, is fined the sum of one thousand dollars ($1,000.00) for scratching the horse “Blameitonthekiss” from the third (3rd) race on Wednesday, August 15, 2018 at Delaware Park, and running on Sunday, August 19, 2018 at Laurel Park, during the five day entry period. Refer to D.T.R.C. Rules 3.4, 3.4.1.15, and 11.14.1.5. Fine must be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: RAMON APODACA Ruling Date: 8/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-77 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer/Pony rider having been duly notified, having appeared and waved his right to a hearing before the Board of Stewards on August 19, 2018, concerning an disorderly conduct in the barn area near the test barn.

For this rule violation, the Board of Stewards assessed Ramon Apodaca a penalty of a fine in the amount of $300.00 three hundred dollars. This fine is to be paid on or before September 19, 2018 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed will result in immediate suspension.

Licensee is found to be in violation of: 16.47.1.8 (L)(1)(i) – CONDUCT 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”

This ruling is written in accordance with: 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General authority. 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. 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: VICTOR RODRIGUEZ-FLORES Ruling Date: 8/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-121 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/17/2018 Suspension End:
Ruling Text: Trainer Victor Rodriguez Flores is hereby suspended, effective immediately August 17, 2018, for failing to pay the fines ($7,700) assessed in Rulings 2016-ZIA-94, 2016-ZIA-93, 2016-ZIA-92, and 2016-RUI-189.

During said time of applicable suspension Victor Rodriguez Flores is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or under the care of Victor Rodriguez Flores are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned by or in the care and custody of Victor Rodriguez Flores must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: GILBERT BEN Ruling Date: 8/15/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-70 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 8/25/2018 Suspension End: 2/21/2019
Ruling Text: Trainer/Owner: Gilbert Ben, having been duly notified, having failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d).before the Board of Board of Stewards on August 15, 2018, for altercation of federal forms (health certificate) Colorado Certificate of Veterinary Inspection, certificate number #8754572317829 for the horse “My Man Richie” on July 17, 201, at The Downs at Albuquerque. Licensee is found to be in violation of: 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. Licensee is found to be in violation of:16.47.1.8(L)(1)(f) CONDUCT MAKING FALSE OR MISLEADING STATEMENTS 16.47.1.8 (L)(1)(i) – CONDUCT DETRIMENTAL TO HORSE RACING

This penalty has aggravating Circumstances: Gilbert Ben falsified the health certificate by adding the horse “My Man Richie” that was not inspected by the veterinarian. After hearing testimony and presenting evidence the Board of Stewards issued Gilbert Ben a penalty of: 1. A fine in the amount of two thousand and five hundred dollars ($2,500.00). The fine is to be paid on or before ,September 15, 2018 , in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed will result in immediate suspension. 2. A 6 month suspension of all NMRC licenses starting August 25, 2018, through February 20 , 2019 inclusive. 3. During said time of applicable suspension, Gilbert Ben 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). Additionally, effective upon applicable suspension dates, all horses owned or under the care of Gilbert Ben are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

Licensee is found to be in violation of:16.47.1.8(L)(1)(f) CONDUCT MAKING FALSE OR MISLEADING STATEMENTS 16.47.1.8 (L)(1)(i) – CONDUCT DETRIMENTAL TO HORSE RACING This ruling is written in accordance with:15.2.1.8(B)(1)COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required 16.47.1.8(N) Last Known Address/16.47.1.8(L)(1)(e)Grounds For Disciplinary Measures/15.2.1.9(B)(9)(a)Failure to Appeal 15.2.1.9(B)(9)(b):

Name: IRVING JOEL FOURNIER Ruling Date: 7/30/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-96 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 8/9/2018 Suspension End: 9/23/2018
Ruling Text: Trainer Irving Fournier was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on July 30, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the (class 3 penalty B) drug “Albuterol” in horse “Mr. Moo” (Test Sample #: E282220) who finished SECOND place in the 10th race on June 22, 2018, at Ruidoso Downs in Ruidoso, NM.

The certificate of analysis detected “Albuterol” at a level of 309 ng/ml in the urine, which exceeds the authorized limit of 1 ng/ml in urine (15.2.6.9 NMAC attachment #2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Irving Fournier.

Cesar Mendoza, the owner of record for horse “Mr. Moo”, was duly notified and failed to appear for this hearing. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, This Cesar Mendoza’s FIRST Class 3B medication violation in a 365-day period.

For Irving Fournier’s FIRST Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty ,issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, as follows:

    1. A 45 day suspension of all NMRC licenses starting August 9, 2018, through September 22, 2018, inclusive.
    2. A ($750) seven hundred and fifty dollar fine to paid on or before August 30, 2018. In accordance with 15.2.3.8 (B)(3)(l) NNRC, failure to pay the fine in the prescribed time may result in an immediate suspension.

During said time of applicable suspension Irving Fournier is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by or under the care and custody of Irving Fournier are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned or trained by or under the care and custody of Irving Fournier must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures 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: ISIDRO ALANIZ RODRIGUEZ Ruling Date: 7/29/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-92 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Isidro Rodriguez was duly notified and waived his rights to 10 day notice of hearing before the Board of Stewards on July 29, 2018. The hearing was in regard to Isidro Rodriguez for bringing the wrong horse to the paddock, which resulted in a late scratch and mutuel refund in the 14th race on July 7, 2018, Ruidoso Downs.

The Board of Stewards hereby fines Isidro Rodriguez in the amount of five hundred dollars ($500.00). The fine is to be paid on or before August 29, 2018, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found in violation of and this ruling is written in accordance with:

15.2.5.12 (C) HORSES INELIGIBLE: A horse shall be ineligible to start in a race when it is not fully identified and tattooed on the inside of the upper lip; however, there may be extenuating circumstances where a horse will be eligible to start in a race without the tattoo as referenced above, as long as the horse identifier has written verification that the tattooing process has been initiated.

16.47.1.10 (C)(5) TRAINER RESPONSIBILITY: A trainer is responsible for the proper identity, custody, care, health, condition, and safety of horses in their charge.

15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: GARY KENT WALKER Ruling Date: 7/26/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-058 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End: 6/11/2018
Ruling Text: ON 5/30/2018, AFTER HAVING THE RECORDS REVIEWED AND EVIDENCE PRESENTED, THE PARTIES HAVE REACHED AN AGREEMENT. OWNER/TRAINER GARY K. WALKER DID ENTER AND RACE THE HORSE, "YOU’RETHEONEINMYHEART" WHICH WAS THE 1ST PLACE FINISHER IN THE 11TH RACE AT FMT ON 7/1/2017. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. WALKER BE FINED $1500.00, SUSPENDED FOR 90 DAYS WITH CREDIT FOR DAYS ALREADY SERVED AND CONTINUING THROUGH 6/11/2018. ALSO, ANY PURSE MONEY EARNED FROM HORSES THAT WERE LISTED AS BEING TRAINED BY MR. WALKER DURING THE TIME PERIOD OF 7/20/ - 23/2017 AT FMT WILL BE RELEASED AT THE TIME HIS FINE HAS BEEN PAID IN FULL AND HIS SUSPENSION HAS BEEN SERVED. IT IS FURTHER ORDERED THAT THE HORSE WILL REMAIN DISQUALIFIED FROM 1ST PLACE AND SHALL REMAIN UNPLACED IN THE 11TH RACE AT FMT ON 7/1/2017.
Name: DAVID MILLER Ruling Date: 7/25/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 18MDH52 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Mr. Miller is hereby fined the sum of one hundred ($100.00) dollars.
 
You did drive in a careless manner and allow your horse to be driven with a wheel inside the "Hubless Rail" pylons, at the top of the stretch, while driving #8 CAN'T BEACH THAT in the
9th race on Friday, July 20, 2018.
 
Violation of NJAC Rule 13:71-20.6 (a) 10    DRIVING IN A CARELESS MANNER.
Name: HOWARD SLOTOROFF Ruling Date: 7/25/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 18MDH49 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 7/13/2018 Suspension End: 7/28/2018
Ruling Text:
Howard Slotoroff was the principal trainer for the Howard Slotoroff Stable when the horse BAY RUM  competed in the 3rd race on Friday, May 11, 2018.
 
The horse, BAY RUM, finished second when it competed in the 3rd race on Friday, May 11, 2018 and as a result, was required to submit blood and urine samples for analysis.
 
The blood sample collected from the horse BAY RUM following it performance on Friday, May 11, 2018, identified the presence of the prohibited substances Phenlybutazone and Flunixin.
 
The presence of Phenlybutazone and Flunixin in the horse BAY RUM on Friday, May 11, 2018 is in direct violation of New Jersey Racing Commission rule N.J.A.C. 13:71-23.8(g).
 
Consistent with N.J.A.C. 13:71-23.7, the BAY RUM is hereby disqualified from sharing in the purse from the 3rd race on Friday, May 11, 2018.  The purse is hereby ordered to be redistributed among the remaining eligible finishers.
 
As principle trainer, Dr. Slotoroff:
 
        is the absolute insurer of and responsible for the condition of the horse within his care and        custody;
 
        shall not enter or start a horse that has it its body any drug or substance foreign to the natural   horse;
 
        has the duty to be familiar with the medication rules of the Commission and with any drug or         substance foreign to the natural horse administered to said horse at his direction or while under his care and custody;
 
is obligated to protect and guard the horse against administration of any drug or substances foreign to the natural horse.
 
As a result of the positive post-race analysis, Howard Slotoroff is in violation of N.J.A.C. 13:71-23.6(a)(b)(c)(d) and as such, Dr. Slotoroff is hereby suspended for a period of 15 days and fined the amount five hundred ($500.00) dollars.  The period of suspension shall begin on July 13, 2018 and continue through and including July 27, 2018.  During the period of suspension, Dr. Slotoroff is denied access to all grounds that are under the jurisdiction of the New Jersey Racing Commission for any and all purposes.  
 
In addition to the penalty issued above, total of  1/2 MMV point is recommended by the Association of Racing Commissioners International shall be assigned as a result of this class  "C" violation.
 
Name: MICHAEL D POSNER Ruling Date: 7/25/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 18MDH48 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Michael Posner was the programmed trainer of the horse DANISH DILIGENCE when it competed in the 6th race on Friday, February 16, 2018.
 
The horse, DANISH DILIGENCE, finished first in the 6th race on Friday, February 16, 2018 and a result, was required to submit blood and urine samples for analysis.
 
The urine sample collected from the horse DANISH DILEGENCE on Friday, February 16, 2018 identified the presence of the prohibited substance Isoxuprine.
 
The presence of Isoxuprine in the horse DANISH DILIGENCE is in direct violation of the New Racing Commission rule N.J.A.C. 13:71-23.1.
 
Consistent with N.J.A.C. 13:71-23.7, the horse DANISH DILIGENCE is hereby disqualified from sharing in the purse from the 6th race on Friday, February 16, 2018.  The purse is hereby ordered to be redistributed among the remaining finishers.
 
As the programmed trainer, Mr. Posner:
 
    is the absolute insurer of and responsible for the condition of the horse within his care and custody;
 
    shall not enter or start a horse that has in its body any drug or substance foreign to the natural horse;
 
    has the duty to be familiar with the medication rules of the Commission and with any drug or substance foreign to the natural horse administered to said horse at his direction or while in his care  and custody;
    
    is obligated to protect and guard the horse against administration of any drug or substances foreign to the natural horse.
 
As a result of the positive post-race urinalysis, Michael Posner is in violation of N.J.A.C. 13:71-23.6 (a)(b)(c)(d) and as such, Mr. Posner is hereby fined the sum of five hundred ($500.00) dollars.
 
Name: JUAN RAMON MERAZ Ruling Date: 7/21/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-74 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 7/31/2018 Suspension End: 10/29/2018
Ruling Text: Trainer Juan R. Meraz was duly notified and appeared for a hearing before the Board of Stewards on July 21, 2018. The hearing was in regard to a certificate of analysis from UC Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Royal Speed” (Test Sample #: NM33148), who finished 2nd place in the 2nd race on June 8, 2018, at Ruidoso Downs in Ruidoso, NM. Split sample rights as provided in 15.2.6.10 (D) , were afforded to Juan R. Meraz. However, horse “Royal Speed” failed to provide a sufficient amount of sample (which is required for the split sample), in accordance with 15.2.6.10 (B)(3)Sample Collection and 15.2.6.9(C)(1) Prima Facie Evidence the entire specimen was sent to UC DAVIS.

Abelardo Chavez, the owner of record for horse “Royal Speed”, was duly notified and failed to appear for this hearing. This is Abelardo Chavez’s FIRST Class 3B medication violation in a 365-day period.

For Juan R. Meraz’s SECOND Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty ,issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, as follows:

    1. A 90 day suspension of all NMRC licenses starting July 31, 2018, through October 28, 2018, inclusive.
    2. A ($2,000.00) two thousand dollar fine to paid on or before August 21, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time may result in an immediate suspension.

During said time of applicable suspension Juan R. Meraz is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by, or under the care of Juan R. Meraz are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by, or in the care and custody of Juan R. Meraz must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION, and 16.47.1.10(D)(5)Assistant Trainers.

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations /16.47.1.8(T)Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/ 16.47.1.10(B) (1)(2)(3)Absolute Insurer/15.2.1.9(B)(9)(b): Appeal Procedures 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: Darren James Fish Ruling Date: 7/11/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-T#25 Ruling Type: Reinstatement With a Conditional License
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Having withdrawn his appeal regarding Horse Racing Alberta Ruling #17 dated June 26, 2018, the Trainer's License of Darren James Fish is hereby restored to good standing. Mr. Fish will be granted a Probationary Owner/Trainer license with conditions for the remainder of the 2018 Alberta Thoroughbred racing season.
Name: EMILIO CADENA Ruling Date: 7/9/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-59 Ruling Type: Financial Obligation/Restoration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/19/2018 Suspension End: 9/11/2018
Ruling Text: Trainer Emilio Cadena Jr. was duly notified and appeared before the Board of Stewards on July 9, 2018, at Ruidoso Downs. The hearing was in regards to an court default judgment (3rd Judicial District State of New Mexico County of Dona Ana) for an outstanding financial obligation to trainer Fred Danley in the amount of $9,501 for the care of a broodmare).

The Board of Stewards hereby order that any/all New Mexico Racing Commission licenses issued to Emilio Cadena Jr. be suspended starting July 19, 2018, and that he be deemed ineligible for any future licensing in New Mexico until such time that full payment is made to Fred Danley in the amount of $$9,501 for the care of a broodmare.

During said time of applicable suspension Emilio Cadena Jr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Emilio Cadena Jr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned, trained, or under the care of Emilio Cadena Jr. must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found in Violation of and this ruling in written in accordance with:

16.47.1.8 L (1)(J) NMAC: Grounds For Refusal, Denial, Suspension, or Revocation of License 16.47.1.8 (I): Financial Responsibility 16.47.1.8 (L)(1)(i) – CONDUCT 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: 9/11/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-59-REST Ruling Type: Financial Obligation/Restoration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/19/2018 Suspension End: 9/11/2018
Ruling Text: RE: 2018-RUI-59 - Restored to Good Standing due to court order.

Name: JOSE ROBERTO GONZALEZ Ruling Date: 7/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-23 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 8/15/2018 Suspension End: 10/14/2018
Ruling Text: Trainer: Jose R. Gonzalez Sr. was duly notified and waived his right to a hearing before the Board of Stewards on July 7, 2018. The hearing was in regard to a certificate of analysis from U C Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in the horse “Lethal Folly” (Test Sample #: NM32270), who finished in 3rd place in the 6th race on May 11, 2018, at SunRay Park Racetrack Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined.

A&H Construction (Hipolito Vasquez), was the owner of record for the horse “Lethal Folly”, and was duly notified.

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations

For Jose R. Gonzalez Sr‘s 2nd Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty ,issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, as follows:

    1. A 60 day suspension of all NMRC licenses starting August 15, 2018, through October 13, 2019, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. A ($2000.00) Two Thousand Dollar fine to paid on or before August 7, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.

During said time of applicable suspension Jose R. Gonzalez Sr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Jose R. Gonzalez Sr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by, owned by, or in the care and custody of Jose R. Gonzalez Sr. must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION, and 16.47.1.10(D)(5)Assistant Trainers.

15.2.1.9(B)(9)(b): Appeal Procedures 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: JOSE ROBERTO GONZALEZ Ruling Date: 7/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-23-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 8/15/2018 Suspension End: 10/14/2018
Ruling Text: RE: 2018-DAA-23 - Modified Ruling: The end date for this suspension is incorrect. The correct date is 10-14-2018
Name: MIKE JR. MEGARIZ Ruling Date: 7/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-18 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3500 Fine Paid: N
Suspension Start: 9/14/2018 Suspension End: 1/12/2019
Ruling Text: Trainer: Micheal Megariz Jr. was duly notified and waived his right to a hearing before the Board of Stewards on July 7, 2018. The hearing was in regard to a certificate of analysis from U C Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” and Stanozolol the metabolite of 16-hydroxy-stanozolol detected in the horse “Flash of Victory” (Test Sample #: NM32272), who finished in 1st place in the 7th race on May 11, 2018, at SunRay Park Racetrack Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined.

Julio Cabellero, was the owner of record for the horse “Flash of Victory”, and was duly notified.

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations

For Micheal Megariz’s 3rd Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty ,issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, as follows:

    1. A 120 day suspension of all NMRC licenses starting September 14, 2018, through January 11, 2019, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. A ($3500.00) Three Thousand Five Hundred Dollar fine to paid on or before August 7, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.

During said time of applicable suspension Micheal Megariz’s is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Micheal Megariz’s are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by, owned by, or in the care and custody of Micheal Megariz’s must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION, and 16.47.1.10(D)(5)Assistant Trainers.

15.2.1.9(B)(9)(b): Appeal Procedures 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: RAMON MENDOZA Ruling Date: 7/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-19 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Ramon Mendoza having been duly notified and having appeared telephonically before the Board of Stewards on July 8, 2018, for missing Lasix for entry, “Nieves de Enero”, which resulted in a late scratch and mutuel refund in the 9th race on July 7, 2018, at The Down at Albuquerque Racetrack.

Licensee is found in violation of .

15.2.6.9(D) (2) USE OF FUROSEMIDE IN DETENTION BARN The use of furosemide shall be permitted under the following circumstances on association grounds where a detention barn is utilized: furosemide shall be administered by the official veterinarian, the racing veterinarian, or practicing veterinarian no less than four hours prior to post in which the horse is entered. A horse qualified for furosemide administration must be brought to the detention barn one hour prior to the fourhour 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. 15.2.6.9(D) (3) USE OF FUROSEMIDE ON ASSOSIATION GROUNDS The use of furosemide shall be permitted under the following circumstances on association grounds where a detention barn is not utilized: furosemide shall be administered by the official veterinarian, the racing veterinarian, or practicing veterinarian no less than four hours prior to post in which a horse is entered; the horse must be logged in at the stable gate with time and location no less than one hour prior to administration; the furosemide dosage administered shall not exceed 500 milligrams nor be less than 150 milligrams; the trainer of the treated horse shall cause to be delivered to the official veterinarian or their designee no later than one hour prior to post time for the race for which the horse is entered the following information under oath on a form provided by the commission: the racetrack name, the date and time the furosemide was administered to the entered horse; the dosage amount of furosemide administered to the entered horse; the printed name and signature of the attending licensed veterinarian who administered the furosemide. For this violation, the Board of Stewards assessed Ramon Mendoza a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before August 7, 2018, 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 in written in accordance with: 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: LUIS ALONSO GUTIERREZ Ruling Date: 7/7/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-15 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Luis Alonso Gutierrez Jr., having failed to appear or send a jockey guild’s representative regarding the 4th race on July 1, 2018, at The Downs at Albuquerque Racetrack, is found in violation of Commission rules.

Licensee is found in violation of: 15.2.1.9(B)(4)(d)NMAC: Which states in pertinent part that “Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the board of stewards. 15.2.1.9(B)(4)(A)NMAC Notice Except as provided by these rules regarding summary suspension, jockey riding infractions and trial races, the stewards or a racing commission designee shall provide written notice, at least 10 days before the hearing, to a person who is the subject of a disciplinary hearing. The person may waive their right to 10 days notice by executing a written waiver.

For this rule violation, the Board of Stewards assessed Luis Alonso Gutierrez Jr. a penalty of Fifty dollars ($50.00). The fine is to be paid on or before August 7, 2018 once with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed will result in immediate suspension.

This ruling is written in accordance with: 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 15.2.3.8 B (1) (a) Stewards General Authority 15.2.3.8 B (1) (c) Stewards General Authority 16.47.1.8 (T) KNOWLEDGE OF RULES 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 16.47.1.8(L)(1)(e)Grounds For Disciplinary Measures 15.2.1.9(B)(9)(a)Failure to Appeal

Name: JAMES MAROHN Ruling Date: 7/4/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 18MDH44 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Marohn, Jr. is hereby fined the sum of  three hundred ($300.00) dollars.
 
You did lay off the pace and leave a hole, after the start, when it was within your horse's capability to keep the hole closed while driving #3 ROCKIN WITH THE BEST in the 8th race on Saturday, June 23, 2018.
 
Violation of N.J.A.C. Rules 13:71-20.6(a)11
Name: Darren James Fish Ruling Date: 6/26/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-T#17 Ruling Type: License Type Changed
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The trainer's license of Darren James Fish is hereby revoked for violating Condition #4 of the document signed by Mr. Fish on September 16, 2017 stating that any violation of Horse Racing Alberta rules will result in cancellation of any and all Horse Racing Alberta licenses. Mr. Fish will be denied the privileges of the grounds, including grandstand, of all Alberta race tracks for the remainder of the 2018 racing season. After further consideration, Mr. Fish will be placed on a probationary owner's license for the remainder of the 2018 racing season.
Name: Lynyle Benn Ruling Date: 6/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-115 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Lynyle Benn having been duly notified appeared telephonically and waived his rights to a hearing before the Board of Stewards on June 16, 2018, for failing to have a current Coggins for entry “Runaway Express” which resulted in a scratch and mutuel refund in the 10Th race on June 16, 2018 at Sunray Park.

Licensee is found to be in violation of. 15.2.5.12(Z) Horse ineligible A horse shall be ineligible to start when “there is no current negative test certificate for equine infectious anemia on file with the racing office, as required by the commission”. 16.47.1.10(C)(5)Trainer Responsibility The trainer is responsible for the proper identity, custody, care, health, condition, and safety of horses in their charge. 16.47.1.10(C)(15) Trainer Responsibility The trainer is responsible for maintaining a knowledge of the medication record and status of all horses in their care.

For this violation, the Board of Stewards assessed Lynyle Benn a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before July 17, 2018, 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 written in accordance with 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: LEE JOHN GUTIERREZ Ruling Date: 6/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-101 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 6/11/2018 Suspension End: 7/11/2018
Ruling Text: Trainer: Lee Gutierrez, having been duly notified and appeared to waive his right to a hearing before the Board of Stewards on June 9, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Isaiahcoltfortyfive”( Test Sample #: NM 30712), who finished 2nd in the 1st race on May 6, 2018 at SunRay Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Lee Gutierrez, and confirmed by Industrial Labs.

Lee Gutierrez, owner of record for horse “Isaiahcoltfortyfive”. Licensee is found in violation of 15.2.6.9(C)(1) : prima facie evidence 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(C)(4) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

For Lee Gutierrez's FIRST Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (B)(2)Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

    1. A 30 day suspension of all NMRC licenses starting June 11, 2018, through July 10, 2018, inclusive.
    2. ($750.00) Seven Hundred and Fifty dollar fine to paid on or before July 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) . Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7), 15.2.6.9(C)(5)(c), 15.2.6.9(C)(4), the horse “Isaiahcoltfortyfive” is placed on the Stewards list for a period of 60 days (beginning May 16, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Lee Gutierrez. 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). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Lee Gutierrez. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) .

This ruling is written in accordance with 15.2.6.11(A)(B) NMAC: Trainer Responsibility 16.47.1.10(B)(1)(2) NMAC: Absolute Insurer 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."

15.2.1.9(B)(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: LEE JOHN GUTIERREZ Ruling Date: 6/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-102 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 7/11/2018 Suspension End: 9/9/2018
Ruling Text: Trainer: Lee Gutierrez, having been duly notified and appeared to waive his right to a hearing before the Board of Stewards on June 9, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Woodacoodadid”( Test Sample #: NM 32275), who was scratched from the 8th race on May 11, 2018 at SunRay Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Lee Gutierrez, and declined.

Anthony C. Chavez, owner of record for horse “Woodacoodadid”. Licensee is found in violation of 15.2.6.9(C)(1) : prima facie evidence 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(C)(4) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

For Lee Gutierrez’s SECOND Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (B)(2)Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

    1. A 60 day suspension of all NMRC licenses starting July 11, 2018, through September 8, 2018, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. ($1500.00) Fifteen Hundred dollar fine to paid on or before July 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) . Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7), 15.2.6.9(C)(5)(c), 15.2.6.9(C)(4), the horse “Isaiahcoltfortyfive” is placed on the Stewards list for a period of 60 days (beginning May 16, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Lee Gutierrez. 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). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Lee Gutierrez. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) .

This ruling is written in accordance with 15.2.6.11(A)(B) NMAC: Trainer Responsibility 16.47.1.10(B)(1)(2) NMAC: Absolute Insurer 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."

15.2.1.9(B)(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: LEE JOHN GUTIERREZ Ruling Date: 6/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-104 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Lee Gutierrez, having been duly notified and appeared to waive his right to a hearing before the Board of Stewards on June 9, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Isaiahcoltfortyfive”( Test Sample #: NM 30712), who finished 2nd in the 1st race on May 6, 2018 at SunRay Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Lee Gutierrez, and confirmed by Industrial Labs.

Lee Gutierrez, is the trainer of record for horse “Isaiahcoltfortyfive”. Licensee is found in violation of 15.2.6.9(C)(1) : prima facie evidence 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(C)(4) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

For Lee Gutierrez's FIRST Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (B)(2)Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

    1. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d), the horse “Isaiahcoltfortyfive” is placed on the Stewards list for a minimum period of 60 days (beginning May 16th, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Isaiahcoltfortyfive” is hereby disqualified from 2nd Place and ordered unplaced from the1st race on May 6, 2018 at Sunray Park for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Swizzlon Moments
                2. Cartel for Reel
                3. El Tarasco
                4. Shes a Hard Ten
                5. Mister Jesstified
                6. And Its Showtime
                7. Roses for Sixes
                8. Majorly First
                9. Mr See You
Unplaced “Isaiahcoltfortyfive”

This ruling is written in accordance with 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 15.2.1.9(B)(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: RODNEY CARLTON RICHARDS Ruling Date: 6/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-12 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 6/8/2018 Suspension End: 8/7/2018
Ruling Text: Trainer Rodney Richards appeared before the Board of Stewards on June 8, 2018, for being in possession of needles, syringes, and injectables found in his truck during a compliance search by Ruidoso Downs Security on June 7, 2018.

The Board of Stewards hereby issues a summary suspension of any/all New Mexico Racing Commission licenses belonging to Rodney Richards , effective June 8, 2018, per 15.2.1.9 (C)(21), pending the outcome of his hearing on June 10, 2018 @9:30 a.m. in the offices of the Board of Stewards at Ruidoso Downs (26225 US-70, Ruidoso NM 88346) per 15.2.1.9 (B)(3)(b) Summary Suspension.

During said time of applicable suspension Rodney Richards is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Rodney Richards are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by, owned by, or in the care and custody of Rodney Richards must be done in accordance with 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a) Summary Suspension Which states in pertinent part “If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing”. 15.2.6.8 (B)(3)(b) TREATMENT RESTRICTIONS No person other than a veterinarian licensed to practice veterinary medicine in this jurisdiction and licensed by the commission, or a veterinary assistant licensed by the commission acting under the direct supervision of a licensed veterinarian, shall possess on any location under the jurisdiction of the commission any of the following unless approved by the commission any hypodermic syringe, hypodermic needle or any equipment associated with the aid of intravenous administration. 16.47.1.8 (L)(1)(i) –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 16.47.1.8 (E) : Agree to search and seizure Which states in pertinent part “By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law” 16.47.1.10 (B) ABSOLUTE INSURER/15.2.3.8 B (3)(f) Stewards Disciplinary Action/15.2.3.8 B (3)(a) Stewards Disciplinary Action/15.2.3.8 B (1) (d) Stewards General Authority /16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority /16.47.1.8 (A)(1) License Required /16.47.1.8 (A)(2) License Required16.47.1.8(N) Last Known Address

Name: RODNEY CARLTON RICHARDS Ruling Date: 6/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-12-FO Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 6/8/2018 Suspension End: 8/7/2018
Ruling Text: RE: 2018-RUI-12 - Ruling Final Outcome Trainer Rodney Richards (currently under a summary suspension instated on June 8, 2018) was duly notified and waived his rights to a 10-day notice of hearing before the board of stewards on June 10, 2018. The hearing was in regards to Rodney Richards being in possession of needles, syringes, and injectables found in his truck during a compliance search by Ruidoso Downs Security on June 7, 2018.

The Board of Stewards hereby access Rodney Richards the following penalty:

    1. A ($1,000) one thousand dollar fine, which is to paid on or before July 10, 2018, 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 60 day suspension of any/all New Mexico Racing Commission licenses starting June 8, 2018, through August 7, 2018, inclusive (the suspension is retroactive from the summary suspension instated on June 8, 2018.)

During said time of applicable suspension Rodney Richards is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, all horses owned, trained, or under the care of Rodney Richards are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by, owned by, or in the care and custody of Rodney Richards must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.6.8 (B)(3)(a)(b) TREATMENT RESTRICTIONS./15.2.6.8(K)(1) Contraband No person on association grounds where horses are lodged or kept, excluding licensed veterinarians, shall have in that person’s care, custody or control, a drug, medication, chemical, foreign substance or 15.2.6 NMAC 12 other substance that is prohibited in a horse on a race day unless the product is labeled in accordance with Subsection H of 15.2.6.9 NMAC. This restriction includes, but is not limited to, locations on the association grounds where that person occupies, in that person’s personal property, effects or vehicle 16.47.1.8 (L)(1)(i) –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 16.47.1.8 (E) : Agree to search and seizure By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law 16.47.1.10 (B) ABSOLUTE INSURER/15.2.3.8 B (3)(f) Stewards Disciplinary Action/15.2.3.8 B (3)(a) Stewards Disciplinary Action/15.2.3.8 B (1) (d) Stewards General Authority /16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority /16.47.1.8 (A)(1) License Required /16.47.1.8 (A)(2) License Required16.47.1.8(N) Last Known Address15.2.1.9(B)(9)(b): Appeal Procedures 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: GARY KENT WALKER Ruling Date: 6/7/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-050 Ruling Type: Necessitating a Late Scratch
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR GARY KENT WALKER PLED''NO CONTEST'' AND FINED $500.00 FOR MISTAKENLY BRINGING THE WRONG HORSE TO THE PADDOCK FOR THE 8TH RACE AT RP ON 3/18/2018, NECESSITATING THE LATE SCRATCH OF #9 "CHARLES THE HAMMER".
Name: IVAN S LLOPEZ Ruling Date: 6/4/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 18MDH33 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Llopez is hereby fined the sum of one hundred ($100.00) dollars.

You did drive in a careless manner and allow your horse to be driven with a wheel inside the "Hubless Rail" pylons, in the stretch, while driving #9 VICTORY AT LAST in the 8th race on Friday, May 18, 2018.

Violation of NJAC Rule 13:71-20.6 (a) 10 DRIVING IN A CARELESS MANNER.

Name: ROBERT MECHE Ruling Date: 6/6/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22805 Ruling Type: Race Office/Track Rule Violation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Failed to have foal certificate on file with the Racing Secretary resulting in the late scratch of “Corona Dawn Perry” from race 10, May 26,  2018 at Delta Downs.
Name: JOSE FRANCISCO RAMIREZ Ruling Date: 5/28/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-90 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 3/29/2019 Suspension End: 4/28/2019
Ruling Text: Trainer: Jose F. Ramirez Sr., having been duly notified, but failed to appear, and had his hearing held in absentia, in accordance with15.2.1.9(B)(4)(d) Non-Appearance before the Board of Stewards on May 28, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Gata Moolah Jr.” ( Test Sample #: NM 14494), who finished 4th in the 3rd race on August 1, 2015 at Ruidoso Downs Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Jose F. Ramirez Sr and declined.

Jose F. Ramirez Jr, owner of record for the horse “Gata Moolah Jr”

Licensee is found in violation of 15.2.6.9(C)(1) : prima facie evidence 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". 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules . MITIGATING CIRCUMSTANCES=’ARCI’ RULES IN EFFECT IN 2015. For Jose F. Ramirez Sr’s 2nd Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

    1. A 30 day suspension of all NMRC licenses starting March 29, 2019, through April 28, 2019 inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. ($1000.00) One Thousand dollar fine to paid on or before June 28, 2018, in accordance with 15.2.3.8 (B)(3)(l) . Failure to pay fine in prescribed time may result in an immediate suspension.
During said time of applicable suspension, Jose F. Ramirez Sr 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). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care Jose F. Ramirez Sr are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) .

This ruling is written in accordance with 15.2.6.11(A)(B) NMAC: Trainer Responsibility 16.47.1.10(B)(1)(2) NMAC: Absolute Insurer 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." 15.2.5.13(E)(4)(d) : Stewards General Authority 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.” 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 15.2.1.9(B)(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: PORFIRIO GUILLERMO FIERRO Ruling Date: 5/23/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22770 Ruling Type: Race Office/Track Rule Violation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Failed to declare a change of equiptment (Flipping Halter) for his scheduled starter, Fast Flying Fish, in race 1,on May 16, 2018.
Name: HUBERT GAFFNEY Ruling Date: 5/15/2018
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2018-CT-26 Ruling Type: Medication/Drug Violation - Animal (Environmental Contamination)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: On May 10, 2018, the Board of Stewards offered a hearing to Trainer, Hubert Gaffney, Permit #12050, SS (xxx-xx-0490) to which he waived his right to a hearing regarding a medication violation pertaining to his horse “On the List” who finished first (1st) in the ninth (9th ) race on Friday, April 20, 2018. The Stewards hereby find the following: The official blood sample #262331, taken on 4/20/18 was reported by Industrial Laboratories, the official testing laboratory, to contain Gabapentin which is a Class 3 drug, with a B Penalty, designation. There is no permissible threshold for Gabapentin. Sample #262331 contained approximately 3 ng/ml in serum and approximately 86 ng/ml of the drug in the urine. The sample was taken from the Number 3 horse, “On the List”, which ran in the (9th) Ninth Race on 4/20/18, finishing First (1st). Mr. Gaffney elected not to have a split sample tested. The Gabapentin positive in “On the List” is Mr. Gaffney First Offense in this category for a medication/substance violation in a 365 day period. The permit holder has accumulated 0 points under the multiple medication violation point system as a result of the issuance of. Mr. Gaffney is assessed 0 points for this medication/substance violation pursuant to section 49.3.m. of 178 of W.Va.C.S.R.1. The Stewards determine the appropriate penalty for the underlying offense on a case by case basis by considering mitigating and aggravating factors. The following is an analysis of the factors set forth in section 49.1 of the Thoroughbred Racing Rule:

1. (Mitigating) The Permit holder’s past record: The permit holder has no violations in the last 365 days 2. (Mitigating) The potential of the drug to influence the horse’s racing performance: Pursuant to 178 W. Va. C.S.R. 1, section 49.2.d, Class 3 drugs may influence performance, but generally have a more limited ability to do so. This is a mitigating factor although it is always of concern to the Stewards when a horse tests positive, as set forth in the Thoroughbred Racing Rule inasmuch as such thresholds are designed to ensure that horses aren’t racing under the effects of the medication; to allow a state veterinarian conducting a pre-race examination to have as clean a look at the horse as is possible to make sure that the horse does not have some condition that would cause it to harm itself if it races, and to ensure the integrity of racing so that horse aren’t racing under the effect of a medication that could affect performance.] 3. (Mitigating) The legal availability of the drug: Gabapentin is legally available. Whether there is reason to believe the permit holder knew of the administration of the drug or intentional administered the drug: Inasmuch as there was no hearing in this matter, but speaking to Mr. Gaffney it was established that the permit holder knew of no administration of the drug, or the circumstances under which the drug may have been given. Therefore this factor is considered in weighing the penalty in this case. 4. The steps taken by the trainer to safeguard the horse: Inasmuch as there was no hearing in this case it is unknown what efforts the trainer made to ensure that the treatment of the horse with Gabapentin. 5. The probability of environmental contamination exposure due to human use: This factor is applicable to this case. After a meeting with the Board of Stewards, Mr. Gaffney revisited his employees and researched their prescriptions. His findings found that an employee had a prescription for Gabapentin, his prescription was for 2000 mgs daily. The employee was in direct contact with “On the List” on a daily basis leading up to and including April 20, 2018. The Board of Stewards have in their possession a copy of the letter from the employee stating as much, as well as a copy of his latest prescription. 6. The purse of the race: The races in question was a $5,000 claiming race with a $10,000 purse. The Stewards place no weight, either aggravating or mitigating, based upon the purse in this case. 7. Whether the drug found was one for which the drug was receiving a treatment as documented by the treating veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: The horse was not being treated by a veterinarian with Gabapentin. Therefore, this factor is considered in weighing the penalty in this case. 8. Whether there was any suspicious betting pattern in the race: There is no evidence of a suspicious betting pattern in this case and therefore, this factor is not considered in weighing the penalty in this case.

Based on the above, the Stewards hereby impose the following penalty for the underlying offense: Mr. Gaffney’s horse “On the List” will be disqualified from all purse money and will have no points on his record. The horse “On the List” is disqualified from all purse money; Re-Distribution is as following. 1. #4 Wild Affair 2. #9 I O Ines 3. #5 Empress Suiko 4. #6 Me Too 5. #1 Esken Lady 6. #10 Becky Kecki You have the right to appeal this Ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 Days of your receipt of this Ruling and must include a security fee in the amount of $500.00.

Name: RAMIRO MIRANDA Ruling Date: 5/12/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-50 Ruling Type: General/Miscellaneous Rulings
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Issued in error.
Name: Manuel Alberto Garibay Ruling Date: 5/5/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-29 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Manuel A. Garibay, having been duly notified and appeared telephonically before the Board of Stewards, to waive his rights to a formal hearing, on May 4, 2018, regarding a lab report from UC/Davis (the official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class III drug “Clenbuterol”, and the Class III drug “16-hydrox-Stanozilol” in horse “Eyes On Eagle(test sample #NC32839) during Out Of Competition Testing on March 10, 2018 at Sunland Park Racetrack in Sunland Park NM . Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Trainer Stephanie L. Beltran.

Licensee is found in violation of 15.2.6.9(C)(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(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

This is Manuel A. Garibay’s 1st and 2nd Class III-B medication violation in 365 days. The Board of Stewards assess Manuel A. Garibay a penalty as follows:

    1. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d), the horse “Eyes On Eagle” was placed on the Stewards list for a minimum period of 60 days (beginning March 27, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

This ruling is written in accordance with 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority

Name: GARY S MASON Ruling Date: 4/27/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22714 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol (512.8pg/mi) reported in post-race sample LD43521 taken from “Truelyvin You”, winner of race 4, March 17, 2018, at Louisiana Downs. Trainer waived his right to testing of the split portion of this sample  and his right to a formal steward’s hearing. The stewards concluded that the sample contained Clenbuterol. Trainer Gary Mason is hereby fined the sum of $1000. “Truly Leavin You” is disqualified and declared unplaced and the purse ordered redistributed.
Name: GERARDO OCHOA Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-248 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: Y
Suspension Start: 4/23/2018 Suspension End: 10/20/2018
Ruling Text: Trainer Gerardo Ochoa was duly notified and represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 13, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Taleas Pride” (Test Sample #: NM29819), who finished 2nd place in the 8th race on January 5, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

Eusebio V. Sanchez, the owner of record for horse “Taleas Pride”, was duly notified and failed to appear for this hearing. This is Eusebio V. Sanchez’s FOURTH Class 3B medication violation in a lifetime.

For Gerardo Ochoa’s THIRD Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

      1. A 6 month suspension of all NMRC licenses starting April 23, 2018, through October 20, 2018, inclusive.
      2. A ($3,000.00) three thousand dollar fine to paid on or before May 13, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
      3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Taleas Pride” is placed on the Stewards list for a period of 60 days (beginning January 20, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
      4. The horse “Taleas Pride” is hereby disqualified from Second PLACE and ordered unplaced from the 8th race on January 5, 2018, at Sunland Park Racetrack in Sunland Park, NM, for all but pari-mutuel wagering. The purse redistribution is as follows.
1.Jess Bordeaux 2.Tyger Power 3.Cartels Star Daddy 4.Fast N Furious Jr 5.Hot Authorization 6.Chill It 7.Heza Wild Dragon 8.Rjs Special Version 9.Call Me a Blazn Chic Unplaced “Taleas Pride

During said time of applicable suspension Gerardo Ochoa is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Gerardo Ochoa are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by, owned by, or in the care and custody of Gerardo Ochoa must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION. Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)(1)(2)(3) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures 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: EUSEBIO V SANCHEZ Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-249 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Eusebio V. Sanchez was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on April 13, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Taleas Pride” (Test Sample #: NM29819), who finished 2nd place in the 8th race on January 5, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018. Gerardo Ochoa, the trainer of record for horse “Taleas Pride”, was duly notified and represented by attorney Daniel Marquez for this hearing. This is Gerardo Ochoa’s THIRD Class 3B medication violation in a lifetime. For Eusebio V. Sanchez’s FOURTH Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A ($5,000.00) five thousand dollar fine to paid on or before May 13, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Taleas Pride” is placed on the Stewards list for a period of 60 days (beginning January 20, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “Taleas Pride” is hereby disqualified from SECOND PLACE and ordered unplaced from the 8th race on January 5, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

1.Jess Bordeaux 2.Tyger Power 3.Cartels Star Daddy 4.Fast N Furious Jr. 5.Hot Authorization 6.Chill It 7.Heza Wild Dragon 8.Rjs Special Version 9.Call Me a Blazn Chic

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)(1)(2)(3) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures 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."

By Order of The Sunland Park 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 wo issued the ruling.

Name: LESLIE ANN AMESTOY Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-231 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1666.67 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner Leslie Amestoy was duly notified, failed to appear, and had her hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Betamethasone (class 4 penalty category C major drug) found in test sample NM29849 taken from the 2nd place finisher Ice Patrol” following the 7th race, on January 7, 2018, at Sunland Park Racetrack in Sunland Park, NM.

The original lab report indicated a finding of Betamethasone at a level of 136 pg/ml in the blood, the allowable limit for Betamethasone is 10 pg/ml in the blood (15.2.6.9 Attachment#2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer Ross Amestoy.

Pierre Amestoy and Mike Abraham, the co-owners of record for horse “Ice Patrol”, were duly notified and failed to appear for their hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Pierre Amestoy’s FOURTH Class 4C MAJOR medication violation in a 365- day period and Mike Abraham’s THIRD Class 4C MAJOR medication violation in a 365- day period.

Ross Amestoy, the trainer of record for horse “Ice Patrol”, was duly notified and waived his rights to a formal hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s FOURTH Class 4C MAJOR medication violation in a 365- day period .

For Leslie Amestoy’s FOURTH Class 4C MAJOR medication violation in a 365- day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

    1. A ($5,000) five thousand dollar fine (to be equally divided, $1,666.67 each) to paid on or before May 8, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Ice Patrol” must pass a commission approved veterinary examination before being eligible to enter.
    3. The horse “Ice Patrol” is hereby disqualified from SECOND PLACE and ordered unplaced from the 7th race, on January 7, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Streakin Dome
                2. Whoop Whoop
                3. Siabolical Mile
                4. Accompany
                5. Classy Homewrecker
                6. Darshini
                7. Fortyfoursmokeless
                8. El Gigante
                9. Stormy Dani Unplaced “Ice Patrol
Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling.
Name: JUAN M ESQUIVEL Ruling Date: 4/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-214 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/8/2018 Suspension End: 5/8/2018
Ruling Text: Trainer Juan M. Esquivel was duly notified and waived his rights to formal hearing before the Board of Stewards on April 3, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Mister Brooks” (Test Sample #: NM31564), who finished 1st place in the 6th race on February 16, 2018, at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Juan M. Esquivel.

Hector Parada, the owner of record for horse “Mister Brooks”, was duly notified and failed to appear for this hearing. This is Hector Parada’s FIRST Class 3B medication violation in a lifetime.

For Juan M. Esquivel’s FIRST Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 30 day suspension of all NMRC licenses starting April 8, 2018, through May 7, 2018 inclusive.
    2. A ($750.00) seven hundred and fifty dollar fine to paid on or before May 3, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension Juan M. Esquivel is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Juan M. Esquivel are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by, owned by, or in the care and custody of Juan M. Esquivel must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)(1)(2)(3) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures 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: FRANCISCO JIMENEZ GALVAN Ruling Date: 3/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-200 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 3/27/2018 Suspension End: 9/25/2018
Ruling Text: Owner Francisco Galvan was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 27, 2018. The hearing was in regard to Francisco Galvan altering the Certificate of Veterinary Inspection, No. 85-480117. The Board of Stewards hereby assess Francisco Galvan a penalty of:
    1. A fine in the amount of two thousand and five hundred dollars ($2,500.00). The fine is to be paid on or before April 27, 2018, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.
    2. A 6 month suspension of all NMRC licenses March 27, 2018, through September 24, 2018, inclusive.

During said time of applicable suspension Francisco Galvan is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or under the care of Francisco Galvan are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned by or in the care and custody of Francisco Galvan must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found to be in violation of and this ruling is written in accordance with :16.47.1.8(L)(1)(f) CONDUCT MAKING FALSE OR MISLEADING STATEMENTS16.47.1.8 (L)(1)(i) – CONDUCT DETRIMENTAL TO HORSE RACING 15.2.1.8(B)(1)COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required 16.47.1.8(N) Last Known Address/16.47.1.8(L)(1)(e)Grounds For Disciplinary Measures/15.2.1.9(B)(9)(a)Failure to Appeal 15.2.1.9(B)(9)(b): Appeal Procedures 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: GARY S MASON Ruling Date: 4/3/2018
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22669 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol (615pg/mi in Urine ) reported in post-race sample LD433403 taken from “Quick Air Game”, third finisher of race 7, February 26, 2018, at Louisiana Downs. Trainer declined his right to have the split portion tested and waived his right to a formal steward’s hearing. The stewards concluded that the sample contained Clenbuterol. Trainer Gary Mason. is hereby fined the sum of $1000. “Quick Air Game” is disqualified and declared unplaced and the purse ordered redistributed.
Name: Bernard George Dunham Ruling Date: 3/20/2018
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 18MON5 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 5/5/2018 Suspension End: 6/4/2018
Ruling Text: By ruling 17MDT14 the Board of Stewards at Monmouth Park found trainer Bernard Dunham in violation of N.J.A.C. rules 13:70-14A (Possession of drugs or drug instruments), 13:70-16.4 (Governing Conduct) and 13:70-20.7 (Trainer Responsibility) in connection with having an employee admit to injecting a horse with a syringe.

Trainer Dunham was issued a one thousand dollar fine and a thirty (30) day suspension to be served at the start of the New Jersey thoroughbred season, "to be determined."

Therefore, trainer Bernard Dunham is ordered to serve his thirty day suspension May 5, 2018 through and including June 3, 2018. During the term of this suspension, Mr. Dunham is denied access to all grounds under the jurisdiction of the New Jersey Racing Commission for any and all purposes.

Related ruling: 17MD14

Name: MARTIN M ORONA Ruling Date: 3/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-161 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 7/1/2018 Suspension End: 7/1/2019
Ruling Text: Owner/Trainer Martin Orona Jr. was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on March 10, 2018, for a hearing that was continued at the request of Daniel Marquez from January 14, 2018, to January 28, 2018, and then continued again to March 10, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the class 3 penalty B drug “clenbuterol” detected in the urine of horse “Watch For Corona”(Test Sample #: NM13234), who finished third place in the 3rd race on June 13, 2015, at the Downs of Albuquerque Racetrack in Albuquerque, NM. Clenbuterol was confirmed in the urine of the split sample sent to Industrial Laboratories on August 4, 2015.

Victor Diaz, the owner of horse “Watch For Corona”, was duly notified and failed to appear for this hearing. This is Victor Diaz’s THIRD Class 3B medication in a 365-day period, in accordance with 15.2.6.9 (B)(2) Penalty Recommendations.

For Trainer Martin Orona Jr.’s THIRD Class 3B medication in a 365-day period, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 365 day suspension of all NMRC licenses running consecutively from ruling 2018-SUN-73, July 1, 2018, through June 30, 2019, inclusive.
    2. A ($5,000) five thousand dollar fine to paid on or before April 13, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension Martin Orona Jr.is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Martin Orona Jr.are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by or in the care and custody of Martin Orona Jr.must done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(A)(3)Medications and Prohibited Substances/ 15.2.6.9(C) Medications and Prohibited Substances/15.2.6.9(D)(1-3) Medications and Prohibited Substances/ 16.47.1.10(B)(1-3)Absolute Insurer/16.47.1.8(T)Knowledge of the Rules.15.2.1.9(B)(9)(b): Appeal Procedures 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: MARTIN M ORONA Ruling Date: 3/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-152-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-152 - Modified Ruling 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. The State Investigator changed to include the name "Ryan". Owner/Trainer Martin Orona Jr. was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on March 10, 2018, for a hearing that was continued at the request of Daniel Marquez from January 14, 2018, to January 28, 2018, and then continued again to March 10, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the class 3 penalty B drug stanozolol metabolite “OH-stanozolol” detected in the urine of horse “Johnny Walker”(Test Sample #: NM12865), who finished FIRST place in the 2nd race on June 5, 2015, at Ruidoso Downs Racetrack in Ruidoso, NM.

Rogelio Carrasco Sr., the owner of horse “Johnny Walker”, was duly notified and failed to appear for this hearing.

The Board of Stewards hereby dismisses this case due to lack of evidence presented by State Investigator Ryan during the hearing. The case is hereby dismissed and the purse being held from the 2nd race on June 5, 2015, at Ruidoso Downs Racetrack shall be released in its original order.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.1.9(B)(6)(b) Proceedings Before The Board Of Stewards: Evidence The stewards shall allow a full presentation of evidence and are not bound by the technical rules of evidence. The stewards may admit hearsay evidence if the stewards determine the evidence is of a type that is commonly relied on by reasonably prudent people. The rules of privilege recognized by state law apply in hearings before the stewards. Hearsay evidence alone is insufficient basis for a ruling.

15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: MARTIN M ORONA Ruling Date: 3/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-152 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Martin Orona Jr. was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on March 10, 2018, for a hearing that was continued at the request of Daniel Marquez from January 14, 2018, to January 28, 2018, and then continued again to March 10, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the class 3 penalty B drug stanozolol metabolite “OH-stanozolol” detected in the urine of horse “Johnny Walker”(Test Sample #: NM12865), who finished FIRST place in the 2nd race on June 5, 2015, at Ruidoso Downs Racetrack in Ruidoso, NM.

Rogelio Carrasco Sr., the owner of horse “Johnny Walker”, was duly notified and failed to appear for this hearing.

The Board of Stewards hereby dismisses this case due to lack of evidence presented by the State Investigator during the hearing. The case is hereby dismissed and the purse being held from the 2nd race on June 5, 2015, at Ruidoso Downs Racetrack shall be released in its original order.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.1.9(B)(6)(b) Proceedings Before The Board Of Stewards: Evidence The stewards shall allow a full presentation of evidence and are not bound by the technical rules of evidence. The stewards may admit hearsay evidence if the stewards determine the evidence is of a type that is commonly relied on by reasonably prudent people. The rules of privilege recognized by state law apply in hearings before the stewards. Hearsay evidence alone is insufficient basis for a ruling.

15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: LESLIE ANN AMESTOY Ruling Date: 3/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-140 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owners Pierre Amestoy and Leslie Amestoy were duly notified, failed to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Methocarbamol (class 4 penalty category C MAJOR drug), found in test sample NM29786. The test sample was taken from the winner Western Warning” following the 3rd race on January 2, 2018, at Sunland Park Racetrack, in Sunland Park, NM.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 1630 ng/ml in the blood, the allowable limit for Methocarbamol is 1.0 ng/ml in the blood (15.2.6.9 Attachment 2 Page 5). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ross Amestoy.

Ross Amestoy, the trainer of record for horse “Western Warning”, was duly notified and appeared for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s THIRD Class 4C MAJOR medication violation in a 365- day period .

For Pierre Amestoy and Leslie Amestoy’s THIRD Class 4C MAJOR medication violation in a 365- day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

    1. A ($5,000) five thousand dollar fine divided between the two owners, Pierre Amestoy and Leslie Amestoy ($2,500 each), to be paid on or before April 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Western Warning” must pass a commission approved veterinary examination before being eligible to enter.
    3. The horse “Western Warning” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3rd race on January 2, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Keep On Zenon On
                2. Wheredoesthecashgo
                3. Pac Sum Heat
                4. Big Boom
                5. Tucker D
Unplaced “Western WarningLicensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(B)(9)(b): Appeal Procedures 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: LESLIE ANN AMESTOY Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-140-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-140 - Modified Ruling 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Owners Pierre Amestoy and Leslie Amestoy were duly notified, failed to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Methocarbamol (class 4 penalty category C MAJOR drug), found in test sample NM29786. The test sample was taken from the winner Western Warning” following the 3rd race on January 2, 2018, at Sunland Park Racetrack, in Sunland Park, NM.

The certificate of analysis from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 1630 ng/ml in the blood, the allowable limit for Methocarbamol is 1.0 ng/ml in the blood (15.2.6.9 Attachment 2 Page 5). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ross Amestoy.

Ross Amestoy, the trainer of record for horse “Western Warning”, was duly notified and appeared for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s THIRD Class 4C MAJOR medication violation in a 365- day period .

For Pierre Amestoy and Leslie Amestoy’s THIRD Class 4C MAJOR medication violation in a 365- day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

    1. A ($5,000) five thousand dollar fine divided between the two owners, Pierre Amestoy and Leslie Amestoy ($2,500 each), to be paid on or before April 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Western Warning” must pass a commission approved veterinary examination before being eligible to enter.
    3. The horse “Western Warning” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3rd race on January 2, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

1.Keep On Zenon On 2.Wheredoesthecashgo 3.Pac Sum Heat 4.Big Boom 5.Tucker D

Unplaced “Western WarningLicensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(B)(9)(b): Appeal Procedures 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: LESLIE ANN AMESTOY Ruling Date: 4/12/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-140-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-140 - Appeal Submitted
Name: LESLIE ANN AMESTOY Ruling Date: 4/12/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-140-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-140 - Appeal Stay Granted Pending the Appeal Process- a STAY was issued for the fines related to this ruling. See documents, or Tina
Name: LESLIE ANN AMESTOY Ruling Date: 3/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-137 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners Mike Abraham, Pierre Amestoy, and Leslie Amestoy were duly notified, failed to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Methocarbamol (class 4 penalty category C MAJOR drug), found in test sample NM29222. The test sample was taken from the winner Moon River” following the 2nd race on December 29,2017, at Sunland Park Racetrack, in Sunland Park, NM.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 121 ng/ml in the blood, the allowable limit for Methocarbamol is 1.0 ng/ml in the blood (15.2.6.9 Attachment 2 Page 5). Methocarbamol was confirmed at a level of 138±3 ng/ml in the blood of the split sample sent to Industrial Laboratories on January 29, 2018.

Ross Amestoy, the trainer of record for horse “Moon River”, was duly notified and appeared for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s SECOND Class 4C MAJOR medication violation in a 365- day period .

For Mike Abraham, Pierre Amestoy, and Leslie Amestoy’s SECOND Class 4C MAJOR medication violation in a 365 day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

    1. The horse “Moon River” must pass a commission approved veterinary examination before being eligible to enter.
    2. The horse “Moon River” is hereby disqualified from FIRST PLACE and ordered unplaced from the 2nd race on December 29,2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Fiery Strawfly
                2. Cache This Cheque
                3. Laynis Diamond
                4. Starz Power
                5. Penny Snipin
                6. Jess Lobita
                7. Taco Bay
                8. Bonnie the Barfly
                9. Jess My Choice
Unplaced “Moon RiverLicensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(B)(9)(b): Appeal Procedures 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.
Name: PIERRE JR. AMESTOY Ruling Date: 7/12/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-139-FO Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-139 - Ruling Final Outcome- See Attached Decision
Name: PIERRE JR. AMESTOY Ruling Date: 5/18/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-139-ASG1 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-139 - Appeal Stay Granted Pending the Appeal Process
Name: PIERRE JR. AMESTOY Ruling Date: 3/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-139 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owners Pierre Amestoy and Leslie Amestoy were duly notified, failed to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Methocarbamol (class 4 penalty category C MAJOR drug), found in test sample NM29786. The test sample was taken from the winner Western Warning” following the 3rd race on January 2, 2018, at Sunland Park Racetrack, in Sunland Park, NM.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 1630 ng/ml in the blood, the allowable limit for Methocarbamol is 1.0 ng/ml in the blood (15.2.6.9 Attachment 2 Page 5). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ross Amestoy.

Ross Amestoy, the trainer of record for horse “Western Warning”, was duly notified and appeared for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s THIRD Class 4C MAJOR medication violation in a 365- day period .

For Pierre Amestoy and Leslie Amestoy’s THIRD Class 4C MAJOR medication violation in a 365- day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

    1. A ($5,000) five thousand dollar fine divided between the two owners, Pierre Amestoy and Leslie Amestoy ($2,500 each), to be paid on or before April 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Western Warning” must pass a commission approved veterinary examination before being eligible to enter.
    3. The horse “Western Warning” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3rd race on January 2, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Keep On Zenon On
                2. Wheredoesthecashgo
                3. Pac Sum Heat
                4. Big Boom
                5. Tucker D
Unplaced “Western WarningLicensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(B)(9)(b): Appeal Procedures 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: PIERRE JR. AMESTOY Ruling Date: 4/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-139-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-139 - Modified Ruling 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Owners Pierre Amestoy and Leslie Amestoy were duly notified, failed to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Methocarbamol (class 4 penalty category C MAJOR drug), found in test sample NM29786. The test sample was taken from the winner Western Warning” following the 3rd race on January 2, 2018, at Sunland Park Racetrack, in Sunland Park, NM.

The certificate of analysis from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 1630 ng/ml in the blood, the allowable limit for Methocarbamol is 1.0 ng/ml in the blood (15.2.6.9 Attachment 2 Page 5). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ross Amestoy.

Ross Amestoy, the trainer of record for horse “Western Warning”, was duly notified and appeared for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s THIRD Class 4C MAJOR medication violation in a 365- day period .

For Pierre Amestoy and Leslie Amestoy’s THIRD Class 4C MAJOR medication violation in a 365- day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

    1. A ($5,000) five thousand dollar fine divided between the two owners, Pierre Amestoy and Leslie Amestoy ($2,500 each), to be paid on or before April 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Western Warning” must pass a commission approved veterinary examination before being eligible to enter.
    3. The horse “Western Warning” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3rd race on January 2, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Keep On Zenon On
                2. Wheredoesthecashgo
                3. Pac Sum Heat
                4. Big Boom
                5. Tucker D
Unplaced “Western WarningLicensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(B)(9)(b): Appeal Procedures 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
Name: PIERRE JR. AMESTOY Ruling Date: 4/11/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-139-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-139 - Appeal Submitted
Name: PIERRE JR. AMESTOY Ruling Date: 4/12/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-139-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-139 - Appeal Stay Granted Pending the Appeal Process- STAY granted on this fine until adjudicated. See documents/ or Tina
Name: JAVIER G BORUNDA Ruling Date: 4/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-129-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: 3/9/2018 Suspension End: 9/7/2018
Ruling Text: RE: 2018-SUN-129 - Modified Ruling 15.2.3.8 B (1)(e) The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Trainer Javier Borunda was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on February 27, 2018. The hearing was in regards to a certificate of analysis, from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Guanabenz” detected in the urine of horse “Leona Who” (Test Sample #: NM29577), who finished 2nd place in the 1st race on December 5, 2017, at Zia Park Racetrack in Hobbs, NM. Guanabenz was confirmed in the split sample sent to TVMDL on February 3, 2018.

Armando Arreola Jr., the owner of record for horse “Leona Who”, was duly notified and failed to appear for this hearing. This is Armando Arreola Jr.’s FIRST Class 3B medication violation in a lifetime.

For Javier Borunda’s THIRD Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

        1. A 6 month suspension of all NMRC licenses starting March 9, 2018, through September 6, 2018 inclusive.
        2. A ($3,000.00) three thousand dollar fine to paid on or before April 3, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
During said time of applicable suspension, Javier 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) Exclusion. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of , Javier Borunda are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) Exclusion.

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/16.47.1.8(T)Knowledge of Rules/ 16.47.1.8(U)Protection of Horses/16.47.1.10(B)(1)(2)(3)Absolute Insurer/15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures 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: JAVIER G BORUNDA Ruling Date: 3/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-129 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: 3/9/2018 Suspension End: 9/7/2018
Ruling Text: Trainer Javier Borunda was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on February 27, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Guanabenz” detected in the urine of horse “Leona Who” (Test Sample #: NM29577), who finished 2nd place in the 1st race on December 5, 2017, at Zia Park Racetrack in Hobbs, NM. Guanabenz was confirmed in the split sample sent to TVMDL on February 3, 2018.

Armando Arreola Jr., the owner of record for horse “Leona Who”, was duly notified and failed to appear for this hearing. This is Armando Arreola Jr.’s FIRST Class 3B medication violation in a lifetime.

For Javier Borunda’s THIRD Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 6 month suspension of all NMRC licenses starting March 9, 2018, through September 6, 2018 inclusive.
    2. A ($3,000.00) three thousand dollar fine to paid on or before April 3, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
During said time of applicable suspension, Javier 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) Exclusion. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of , Javier Borunda are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) Exclusion.

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/16.47.1.8(T)Knowledge of Rules/ 16.47.1.8(U)Protection of Horses/16.47.1.10(B)(1)(2)(3)Absolute Insurer/15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures 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: JOSE EFREN MERAZ Ruling Date: 2/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-98 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3500 Fine Paid: N
Suspension Start: 6/27/2018 Suspension End: 12/24/2018
Ruling Text: Trainer Jose Efren Meraz was duly notified and responded telephonically for a hearing before the Board of Stewards on February 17, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Flash The Love” (Test Sample #: NM29596), who finished 1st place in the 1st race on December 9, 2017, at Zia Park Racetrack in Hobbs, NM. Clenbuterol was confirmed in the split sample sent to TVMDL on January 17, 2018.

Sergio Hermosillo, the owner of record for horse “Flash The Love”, was duly notified and failed to appear for this hearing. This is Sergio Hermosillo’s SECOND Class 3B medication violation in a lifetime.

For Jose Efren Meraz’s FOURTH Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 180 day suspension of all NMRC licenses to be run consecutively from ruling 2018-SUN-96, June 27, 2018, through December 24, 2018, inclusive.
    2. A ($3,500.00) three thousand five hundred dollar fine to paid on or before March 20, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
During said time of applicable suspension, Jose Efren Meraz is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21) Exclusion. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of , Jose Efren Meraz are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) Exclusion.

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)(1)(2)(3) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures 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: HARRY LOUIS VERUCHI Ruling Date: 2/2/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-69 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Harry L. Veruchi, was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on January 30, 2018. The hearing was in regard to Harry L. Veruchi transferring the horse “PASTE” after entry, which resulted in a scratch of said horse from the 2nd race on January 6, 2018 at Sunland Park Racetrack.

The Board of Stewards hereby fine Harry L. Veruchi in the amount of two hundred dollars ($ 200.00). The fine is to paid on or before March 2, 2018, 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 and this ruling is written in accordance with:

15.2.5.8 (B)(2) PROCEDURE FOR ENTRIES An entry shall be in the name of the horse's owner and made by the owner, trainer or a licensed designee of the owner or trainer. Any horse which is in a race or on the also-eligible list may not be sold or transferred until that obligation is completed, except with permission of the stewards. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: LESLIE ANN AMESTOY Ruling Date: 1/23/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-53 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners Mike Abraham, Leslie Amestoy, and Pierre J. Amestoy Jr. were duly notified, failed to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board Of Stewards on January 20, 2018. The hearing was in regard to an affidavit 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 NM 29566. The test sample was taken from the winnerTiz Valiant” following the 5th race, December 04, 2017, at Sunland Park Racetrack, in Sunland Park, Nm.

The affidavit indicated a finding of Phenylbutazone at 17.76 micrograms per milliliter in the blood, which exceeds the allowable limit of 2.0 micrograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ross Amestoy.

Ross Amestoy, the trainer of record for horse “Tiz Valiant”, waived his right to a 10 day notice and formal hearing before the Board Of Stewards. This is Ross Amestoy’s FIRST Class 4C medication violation in a 365-day period, in accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS.

For Owners Mike Abraham, Leslie Amestoy, and Pierre J. Amestoy Jr.’s FIRST Class 4C medication violation in a 365-day period, the Board of Stewards hereby issues a penalty as follows, in accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS.

    1. The horse “Tiz Valiant”, must pass a commission-approved examination before being eligible to enter.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f) Stewards/ 15.2.6.9(C)(1)Medication Restrictions/ 15.2.6.9(B) Penalty Recommendations.

Name: LESLIE ANN AMESTOY Ruling Date: 2/2/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-53-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-53 - Modified Ruling 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Infraction occurred at Zia Park Racetrack, not Sunland Park.

Owners Mike Abraham, Leslie Amestoy, and Pierre J. Amestoy Jr. were duly notified, failed to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board Of Stewards on January 20, 2018. The hearing was in regard to an affidavit 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 NM 29566. The test sample was taken from the winnerTiz Valiant” following the 5th race, December 04, 2017, at Zia Park Racetrack in Hobbs, NM.

The affidavit indicated a finding of Phenylbutazone at 17.76 micrograms per milliliter in the blood, which exceeds the allowable limit of 2.0 micrograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ross Amestoy.

Ross Amestoy, the trainer of record for horse “Tiz Valiant”, waived his right to a 10 day notice and formal hearing before the Board Of Stewards. This is Ross Amestoy’s FIRST Class 4C medication violation in a 365-day period, in accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS.

For Owners Mike Abraham, Leslie Amestoy, and Pierre J. Amestoy Jr.’s FIRST Class 4C medication violation in a 365-day period, the Board of Stewards hereby issues a penalty as follows, in accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS.

    1. The horse “Tiz Valiant”, must pass a commission-approved examination before being eligible to enter.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f) Stewards/ 15.2.6.9(C)(1)Medication Restrictions/ 15.2.6.9(B) Penalty Recommendations.

Name: RAUL VELARDE VEGA Ruling Date: 10/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-40-FO Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 1/28/2018 Suspension End: 7/28/2018
Ruling Text: IN THE MATTER OF TRAINER RAUL VEGA ID #9954 OWNER JUAN POBLANO ID #35356 FOR THE RULING NUMBER 2018-SUN-40 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS ON January 19, 2018

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on September 13, 2018 on review of the Hearing Officer’s Report in the above-captioned matter; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, the Commission reviewed the Report and all related hearing material; WHEREAS, the 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 in their entirety; 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 violations by Appellant Trainer Raúl Vega; WHEREAS, the Commission voted unanimously to adopt the penalty recommendations of the Hearing Officer. IT IS THEREFORE ORDERED that Appellant Trainer Raúl Vega 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 Trainer Raúl Vega and his horse “Not Holding Back” shall be assessed the following penalties for the positive test of Clenbuterol, a prohibited Class 3B drug, Sample No. NC26355:

      1. A first-time offense fine in the amount of seven hundred and fifty dollars ($750);
      2. A twenty-nine (29) day suspension, which suspension as of the date of this Decision and Order has been served; and
      3. Contemplated Disciplinary Action against Owner Juan Poblano in regard to horse “Not Holding Back” be dismissed with prejudice.
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. IT IS SO ORDERED.

Date: 10/9/18 Signed by: Vice Chairman McCulloch

Name: RAUL VELARDE VEGA Ruling Date: 1/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-40 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 1/28/2018 Suspension End: 7/28/2018
Ruling Text: Trainer Raul Vega, was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on January 19, 2018, for a hearing that was continued from January 7, 2018, (at the request of Daniel Marquez). The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “Not Holding Back(test sample #NC26355) during Out Of Competition Testing on February 6, 2017, at Sunland Park Racetrack in Sunland Park NM . Clebuterol was confirmed in the Split Sample sent to Industrial Laborites on May 4, 2017.

Juan Poblano and Ricardo A. Bernal were the owners of record for horse “Not Holding Back”. Juan Poblano was duly notified and appeared with attorney Daniel Marquez for this hearing. Ricardo A. Bernal was duly notified and failed to appear for this hearing. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, this is Juan Poblano’s FOURTH class 3B medication violation in a lifetime and Ricardo A. Bernal’s SECOND class 3B medication violation in a lifetime.

For Raul Vega’s THIRD Class 3B medication violation in a lifetime, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards issue a penalty as follows.

    1. A 6 month suspension of all NMRC licenses starting January 28, 2018, through July 28, 2018, inclusive.
    2. ($2,500) two thousand and five hundred dollar fine to paid on or before February 20, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension, Raul Vega 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. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Raul Vega are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) . Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(3)(7)(c)(8) Medication Restrictions/ 15.2.6.9(J)(2)(d)(3) Out of Competition Testing/ 16.47.1.8(L)(i)(T)Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license/ 15.2.6.10(B)(1)(2) Absolute insurer/ 15.2.6.9 (B)(2) Penalty Recommendations

Name: RAUL VELARDE VEGA Ruling Date: 4/11/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-40-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 1/28/2018 Suspension End: 7/28/2018
Ruling Text: RE: 2018-SUN-40 - Appeal Submitted
Name: RAUL VELARDE VEGA Ruling Date: 4/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-40-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 1/28/2018 Suspension End: 7/28/2018
Ruling Text: RE: 2018-SUN-40 - Appeal Stay Granted Pending the Appeal Process- See Documentation
Name: TONY M GALLEGOS Ruling Date: 12/12/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-24 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 4000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Gallegos has entered into a Settlement Agreement with the Commission for the Following Ruling#'s : 2016-DAA-109 2015-DAA-96 2015-DAA-15 2015-DAA-12 See Settlement Agreement in Documents or See Tina Arce

BEFORE THE STATE RACING COMMISSION OF THE STATE OF NEW MEXICO

IN THE MATTER OF THE APPEAL OF: TONY GALLEGOS, TRAINER FOR POSITIVE SAMPLES NM06847, NM07504, NM08572, NM08497 AND FOR HORSES "CORPORATIST," "MIRACLE FISH" AND "GENUINE KISS," "FUTURE JABONERO"

STIPULATED SETTLEMENT AGREEMENT

WHEREAS, TONY GALLEGOS (the "Appellant" or "Licensee") Sample Nos. NM06847, NM07504, NM08572 and NM08497, as the trainer responsible for the horses "CORPORTIST," "MIRACLE FISH," "GENUINE KISS" and "FUTURE JABNERO" which tested positive for the substances of Methocarbomal and Clenbuterol at levels in excess of 100 pglmL, respectively; and therefore were found to be in violation of the State Racing Commission's (the "Commission") prohibition on Methocarbomal and Clenbuterol in excess of 100 pglmL and penalties were imposed; and WHEREAS, Appellant has sought administrative appellate review of Sample Nos. NM06847, NM07504, NM08572 and NM08497, (the "Appeal"); and the Appeal is currently pending a hearing before the Commission; WHEREAS, the Commission and Appellant wish to resolve all matters at issue in the Appeal in an amicable fashion without the need for a formal hearing:

NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE AS FOLLOWS:

      1. Jurisdiction. The Commission has jurisdiction over Licensee and the subject matter of this matter pursuant to the Horse Racing Act, NMSA 1978, Sections 60-1a-1 to -30 (the "Act"), and has the authority to take disciplinary action thereunder.
      2. Waiver of Rights. Licensee knowingly, intentionally and voluntarily waives his right to a hearing and the right to judicial appeal. This waiver includes, but is not limited to, Licensee's right to: (a) a full evidentiary hearing, including the right to present evidence and confront and cross-examine witnesses; and (b) any right to appeal this settlement or any decision rendered by the Commission in connection with these proceedings to the district court or a higher court in the State of New Mexico.
      3. Discipline. As full and final resolution of this matter, TONY GALLEGOS agrees to the following penalties:
        1. A four thousand ($4,000.00)fine to bepaid by Licensee within sixty (60) days of the approval by the Commission at a regular meeting before thepublic after execution of this Settlement Agreement by the parties; this Settlement Agreement shall be deemed approved and executed upon approval by the Commission at a regular meeting before the public after being signed by both parties,· and
(ii) Licensee's Trainer License shall be suspended for 105 days, the Commission shall construe this suspension period as time served. 4. Contingent on Commission Approval. This Settlement Agreement is subject to the binding approval of the Commission, at its discretion. If the Commission rejects this Settlement Agreement, this matter will be heard at a later time, date, and place to be set by the Commission. Any statements made by either party concerning this Settlement Agreement may not be used by either party at a hearing conducted by the Commission.
      1. Right to Counsel. Licensee is aware of his right to seek legal counsel in conjunction with this Settlement Agreement.
      2. Public Records. Licensee further understands that this Settlement Agreement and other documents related to these proceedings are matters of public record under the Inspection of Public Records Act, NMSA 1978, Sections 14-2-1 to -12, unless excepted thereunder or as otherwise may be excepted under applicable law.
      3. Full and Complete Settlement. This Settlement Agreement constitutes a full and complete resolution of all claims and defenses that either party did raise or could have raised with respect to these proceedings and execution of this Settlement constitutes full and final resolution of Licensee's appeal.

IT IS SO STIPULATED AND AGREED:

LICENSEE: TONY GALLEGOS

and

THE NEW MEXICO STATE RACING COMMISSION By: Ismael Trejo Director for the Commission By: Ray dlis Chair of the Commission

Name: CARLOS F PAEZ Ruling Date: 12/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-229 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Carlos F. Paez was telephonically notified for an informal hearing before the Board of Stewards on December 3, 2017. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the therapeutic drug Dexamethasone (class 4 penalty category C drug), found in test sample NM30977, taken from the winner Caesar Germanicus” following the 10th race on November 5, 2017, at Zia Park Racetrack in Hobbs, NM.

The original lab report indicated a finding of Dexamethasone at 49 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer, Jose Luis Muela.

Jose Luis Muela, the trainer of record for horse “Caesar Germanicus”, was duly notified and waived his rights for a formal hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Jose Luis Muela’s FIRST Class 4C medication violation in a 365- day period .

For Carlos F. Paez’s FIRST Class 4C medication violation in a 365 day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards assess a penalty as follows:

    1. The horse “Caesar Germanicus” must pass a commission approved veterinary examination before being eligible to enter.

Licensee is found to be in violation of: 15.2.6.9(C)(1) : Prima Facie Evidence /16.47.1.8 (U)(1) PROTECTION OF HORSES /15.2.6.9 Attachment 2, Page 3 Threshold limit for Dexamethasone 5 pg/ml in the blood 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS

This ruling is written in accordance with: 15.2.6.9 CLASS 4 UNIFORM CLASSIFICATION GUIDELINES 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: H. ARMANDO OROZCO Ruling Date: 11/21/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-10 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 8000 Fine Paid: N
Suspension Start: 4/1/2017 Suspension End: 3/31/2018
Ruling Text: Stipulated Settlement Agreement 1. Jurisdiction. The Commission has jurisdiction over repsondent, a licensee and the subject matter pursuant to the Horse Racing Act 60-1A-1-30NMSA 1978 (the act). 2. Waiver of Rights. Respondent knowingly, intentionally and voluntarily waives his right to a full heaing and the right to judicial appeal. Respondent further waives any time limitations and procedural rights related to hearing as set forth in the Commission regulartions govering disciplinary hearings. 3. Discipline. Respondent has no prior disciplinary history. This is a first offense. In consideration of the particular circumstances and as full and final resolution of this matter, Respondent agrees to the following penalties: A. A fine of eight thousand dollars (8000), four thousand (4000) to be paid within 60 days of execution of this agreement and four thousand (4000) to be paid on or before April 1, 2018. B. Suspension of Respondent's trainre license for a period of one year. Such suspension shall be considered have begun on April 1, 2017 and shall continue through September 30, 2017 with a period of deferment from October 1, 2017 through March 31, 2018. C. Loss of purse for the racehorse "All Forgiven" who finished second in the third race at the State Fair on Septemeber 15, 2016. D. Respondent shall take and pass the trainers examination prior to seeking reinstatement of his NM trainer's license, which expired in March 2017. E. Respondent shall notify the Commission before the end of the period of suspension and shall arrange to be place on the agenda and appear before them. 4. Coningent on Commission Approval. This settlement Agreement is subject to the binding approval of the Commission. 5. Public Records. Respondent understands that this Settlement agreement and other documents related to these proceedings are public record under the Inspection of Public Records Act 14-2-1-12 NMSA 1978. 6. Full and Complete Settlement. This settlement agreement constitutes a full and complete resolution of all claims and defenses that either party did or could have raised related to these proceedings and execution of this Settlement constitutes full and final resolution of: Confirmed positive drug test for the Class two (2) Prhoibited substanc Zilpaterol, occurring on September 15, 2016, at the NMSF, for the third race, per sample NM20757, Horse "All Forgiven"
Name: LUCIO ESPIRITU Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-078 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR LUCIO ESPIRITU PLED ''NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "HIGH RATE OF FIRE", THE 2ND PLACE FINISHER IN THE 3RD RACE AT WRD ON 10/8/2017, TESTING POSITIVE FOR THE PROHIBITED DRUG DEXAMETHASONE, IN EXCESS. THEREFORE, CONSIDERING BOTH AGGRAVATING AND MITIGATING CIRCUMSTANCES (2ND OFFENSE FOR A CATEGORY "C" DRUG IN THE PAST 365 DAYS), IT IS THE ORDER OFTHE WRD BOARD OF STEWARDS THAT LUCIO ESPIRITU SHALL BE FINED $1000.00. IT IS ALSO ORDERED THAT THE HORSE IS DISQUALIFIED FROM 2ND PLACE AND SHALL REMAIN UNPLACED IN THE 3RD RACE AT WRD ON 10/8/2017.
Name: James A Frangella Ruling Date: 11/1/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDT-11 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 James Frangella Jr. is hereby fined the sum of one hundred ($100.00) dollars for failing to have the foal papers for "SCOTTISH SWEETIE" on file with the horse identifier for the 4th race on Saturday, October 14,2017.

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: SERGIO P ROMAN Ruling Date: 10/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-113 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Sergio P. Roman, having been duly notified and having appeared before the Board of Stewards on October 29, 2017, for failing to report, as instructed, to the Downs of Albuquerque Test Barn Facility for out of competition testing on September 7, 2017, with horses “Singin On Diva” and “Six Episodes”, who were selected for out of competition testing.

The Board of Stewards hereby access Sergio P. Roman a penalty, pursuant to 15.2.6.9 J (7) (a) OUT OF COMPETITION TESTING and 15.2.6.9(C)(7)MEDICATION VIOLATION: the horses “Singin On Diva” and “Six Episodes” was placed on the Stewards list for a period of 180 days (beginning September 7, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative hair test.

Licensee is found in violation of 15.2.6.9 J (1) (a)(b)(c)OUT OF COMPETITION TESTING/ 15.2.6.9 J (8)(a) OUT OF COMPETITION TESTING

This ruling is written in accordance with 15.2.6.9 J (7) (a) OUT OF COMPETITION TESTING15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/ 15.2.3.8 B(3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: Luis a Rodriguez Ruling Date: 10/27/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDT-8 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Apprentice Jockey Luis Rodriguez Castro is hereby fined one hundred ($100.00) dollars for failing to fulfill his riding engagement on September 30, 2017 in the 4th race necessitating a late rider change.

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: ALBIN A JIMENEZ Ruling Date: 10/18/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDT-10 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Albin Jimenez is hereby fined one hundred ($100.00) dollars for failing to fulfill his riding engagement on Saturday, October 14, 2107 in the 1st race necessitating a late rider change.

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: MICHAEL A CAZARES Ruling Date: 8/9/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-56 Ruling Type: Failure to Follow Facility Regulations
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Michael Cazares having waived his right to a ten day notice and formal hearing on August 9, 2017 concerning a security citation for drinking alcohol beverages on the backside is found in violation of Commission rules.

Licensee is found to be in violation of: 16.47.1.8 (L)(1)(i) – CONDUCT 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”

This ruling is written in accordance with: 15.2.3.8 B (1) (d) Stewards General authority. 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 Michael Cazares a penalty in the amount of Fifty dollars ($50.00). This fine is to be paid on or before September 8, 2017 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: JOSEPH P STEHR Ruling Date: 8/1/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-0118 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 8/1/2017 Suspension End: 8/15/2017
Ruling Text: On May 30, 2017, the Board of Stewards contacted Trainer Joseph Stehr of a positive for one of his horses. The official sample # E226008 taken on May 12, 2017 was reported by Industrial Laboratories to contain Aminorex. Pursuant to Table 178-1 D of the Thoroughbred Racing Rule, 178 C.S.R. I, Aminorex is a Class 1 Drug, carrying a Category A penalty. The samples were taken from "Miss Simon", which ran in race number 7 on May 12, 2017, finishing 3rd. The horse is trained by Joseph Stehr and owned by Betty J. Stehr.

After notification to Mr. Stehr, he declined split sample testing on the samples taken from "Miss Simon".

Pursuant to section 49.4.a.1. of the Thoroughbred Racing Rule, 178 C.S.R. 1, a finding by a Racing Commission approved laboratory of a prohibited drug, chemical or other substance in a post-race test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was present in the horse's body while it was participating in a race. Aminorex, confirmed to be present in "Miss Simon " body while it was participating in a race, is a drug or medication for which no acceptable threshold concentration has been established by the West Virginia Racing Commission.

Additionally, as the trainer of "Miss Simon," Joseph Stehr is the absolute insurer of and responsible for the condition of the horse he entered in the 7th race at Charles Town ran on May 12, 2017. Per 178 C.S.R. l, § 51.1.a.

The Board of Stewards concludes that while Mr. Stehr is responsible for the positive in "Miss Simon" under § 51.1.a. and the presence of the drug has been established to have been in the horse during the 7th race on May 12, 2017, there are substantial mitigating factors which cause the Stewards to impose the penalty against Mr. Stehr's permit in this matter. Those factors are as follows:

Mr. Stehr's past record as a permit holder is good in that he has no medication violations in any jurisdiction in the past 365 days.

The amount of Aminorex found in the horse is a trace level which lends credibility to the probability that the horse was inadvertently exposed to the drug in some manner. Based upon an evaluation of the evidence, the Stewards conclude that the positive could be attributable to inadvertent exposure to a possible wonning medication with the drug Levamisole which is a class 2 with a B penalty can metabolite in to the drug Aminorex.

horse. There is no reason to believe that Mr. Stehr knew of or caused the drug to be administered to the

178 C.S.R. 1, §49.10.a, the Stewards are explicitly authorized to consider inadvertent exposure as a factor in determining medication violations. Further, pursuant to § 49.1., the Stewards are to determine medication violations on a case by case basis and may determine to impose any penalty against a trainer's permit, if warranted.

Weighing and balancing these factors, the Board of Stewards find that while Mr. Stehr is held responsible for the positive in this case, the Stewards shall impose a class B penalty against Mr. Stehr's permit. Therefore, the standard penalty for a first offense Class B medication violation (15 day suspension beginning Tuesday August 1, 2017 through and including Tuesday August 15, 2017 and a $500.00 fine) is imposed in this matter. In addition, the Stewards do impose the 4 Multiple Medication Violation points that would typically be imposed under § 49.3.m. of the Thoroughbred Racing Rule.

Because "Miss Simon" was found to have carried Aminorex, the metabolite of Levamisole, in its system during the running of the race, the purse of the race is ordered to be FORFEITED and "Miss Simon" is DISQUALIFIED from its 3rd place finish in race number 7 on May 12, 2017. This disqualification is justified due to the irrefutable drug positive. Although it is likely that the horse carried the drug in its system due to inadvertent exposure, it nonetheless carried the drug in its system which necessitates the disqualification to ensure the integrity of racing and to instill confidence in the betting public. The order of finish is hereby re-ordered as follows:

  1. Scottish Denis
  2. Rock N' Gold
  3. Charitable Heart
  4. Aye Fancey 5.Bellamy Princess

You have the right to appeal this Ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this Ruling and must include a security fee in the amount of $500.00.

Name: ANSELMO GARCIA MARQUEZ Ruling Date: 7/17/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-11 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 7/13/2017 Suspension End: 7/13/2018
Ruling Text:
Settlement Agreement for Positive Sample #NM23055, Zilpaterol, pertaining to Horse "Wrs Quick Regards"  See attached.
Name: David Louis Kiser Ruling Date: 7/1/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-64 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer David Kiser, having waived his right to a 10 day notice and formal hearing before the Board Of Stewards on June 30, 2017, 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 NM 27154 taken from entryCompete Everyday” who was scratched at the gate before the running of the 5th race on June 20, 2017 at Sunray Park in Farmington, NM.

The original lab report indicated a finding of Phenylbutazone at 3.95 micrograms per milliliter in the blood, which exceeds the allowable limit of 2.0 micrograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by David Kiser. For this FIRST Class 4C medication violation issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed David Kiser a penalty as follows:

    1. A ($300) three hundred dollar fine to be paid on or before August 1, 2017, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.

Licensee is found to be in violation of: 15.2.6.9(C)(1-2-3) Prima Facie Evidence15.2.6.9 (C)(3) PENALTY RECOMMENDATIONS

This ruling is written in accordance with:15.2.6.9 (A)(4) CLASS 4 UNIFORM CLASSIFICATION GUIDELINE/15.2.6.11(A) NMAC: Trainer Responsibility/16.47.1.10(B)(1) NMAC: Absolute Insurer /15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: JOSE FRANCISCO RAMIREZ Ruling Date: 6/25/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-56 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 7/6/2017 Suspension End: 7/5/2018
Ruling Text: Trainer Jose F. Ramirez, Sr. having been duly notified failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)Non Appearance, before the Board of Stewards on June 25, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Clay Court”(Test Sample #: NM26327), who finished 1st place in the 3rd race on April 18, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Texas A&M on May 31, 2017.

Paul Jenson, DMV, the owner of record for horse “Clay Court”, was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d) Non Appearance. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, this Paul Jenson’s FIRST Class 3B medication violation in a lifetime.

Aggravating circumstances: Trainer has had multiple medication violations and clenbuterol is a prohibited drug.

After considering the aggravating circumstances, for Jose F. Ramirez, Sr.’s THIRD Class 3B medication violation, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 365 day suspension of all NMRC licenses starting July 6, 2017, through July 5, 2018, inclusive.
    2. A ($5,000) five thousand dollar fine to paid on or before July 25, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension Jose F. Ramirez, Sr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of David Jose F. Ramirez, Sr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/ 16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance with15.2.6.11(A) NMAC: Trainer Responsibility/16.47.1.10(B)(1) NMAC: Absolute Insurer 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: GUADALUPE GUTIERREZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-88 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Guadalupe I. Gutierrez having waived her rights to a 10 day notice of hearing through Omar Gutierrez and represented by trainer Omar Gutierrez before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited class 2 penalty B drug “Caffeine” detected at 1,398 ng/ml (Limit 100ng/ml) and the prohibited class 4 penalty C drug Methylaminoantipyrine at 410,363 ng/ml (Dipyrone Limit 1000 ng/ml) the horse “Meleros Cartel ” (Test Sample #: NM26877), who finished in 1st place in the 1st race on May 1, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer Omar Gutierrez. Licensee is found in violation of 15.2.6.9(C)(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".

For Guadalupe I. Gutierrez’s 3rd Class B and 2nd Class C medication violation issued in accordance with 15.2.6.9 (B)(2)&(4) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A ($5000.00) Five thousand dollar fine for the 3rd Class B violation to paid on or before July 16, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Meleros Cartel” is hereby disqualified from FIRST PLACE and ordered unplaced from the 1st race on May 1, 2017 at SunRay Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

                1. Genuinely Valiant
                2. Mister Jesstified
                3. Easily Ratified
                4. Stay in the Game
                5. Jess Bna Tyger
                6. Bonnies Runner
                7. Serena Six
                8. Calabcitas
Unplaced “Meleros Cartel” Late Scratch: Longing for Roses 3. The horse “Meleros Cartel” must pass a commission approved drug examination before becoming eligible for entry.

This ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 15.2.1.9(B)(9)(b): Appeal Procedures 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: GUADALUPE GUTIERREZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-92 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner, Guadalupe I Gutierrez, having waived her rights to a 10 day notice of hearing through Omar Gutierrez, and represented by trainer Omar Gutierrez before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 9,662 pg/ml in the horse “Meleros Cartel” (Test Sample #: NM27043), who finished 3rd place in the 2nd race on May 28, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer Omar Gutierrez. Licensee is found in violation of 15.2.6.9(C)(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(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Guadalupe I Gutierrez’s 4th Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A ($5000.00) Five thousand dollar fine for the 4th Class B violation to paid on or before July 16, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Meleros Cartel” is placed on the Stewards list for a minimum period of 60 days (beginning June 9, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “Green Eye Girl” is hereby disqualified from THIRD PLACE and ordered unplaced from the 2nd race on May 28, 2017 at SunRay Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Simply La Jolla
                2. Jess Gots Class
                3. Saturday Nite Juliet
                4. Dg Dashin Fury
                5. Whilowah
                6. Mister Know It All
                7. Eyesaoldcountrygal
                8. Push the Button D
Unplaced “Meleros Cartel” Late Scratch: An Agitator This ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority

16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

15.2.1.9(B)(9)(b): Appeal Procedures 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: TOMAS DOMINGUEZ MORENO Ruling Date: 5/19/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-7 Ruling Type: Penalty Affirmed
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 5/11/2017 Suspension End: 5/11/2018
Ruling Text:
Whereas, Respondent Tomas Moreno as the trainer responsible for the animal "Tylerate" which tested positive for the substance of Zilpaterol, Sample NM26444, after finishing first in the second race at Zia Park racetrack on September 18, 2016 in violation of the State Racing Commission's absolute prohibition of Zilpaterol, has agreed to resolve this matter through a settlement agreement, therefore rendering a formal hearing unnecessary; and Whereas the Commission and Licensee wish to resolve all matters at issue related to sample NM26444 in amicable fashion without the need for a formal hearing or other adjudication:
Now, Therefore, The parties stipulate and agree as follows:
A. A ten thousand dollar fine to be paid by Licensee within 90 days of the approval and execution of this Settlement agreement by the parties.
B. That the animal "Tylerate" be unplaced from the second race in which it finished first at Zia Park racetrack on September 18, 2016.
C.  That any purse received from the performance of animal "Tylerate" related to finishing first in the second race at Zia Park racetrack on September 18, 2016, be completely forfeited.
D.  That the animal "Tylerate" shall be subject ot and pass a Commission approved examination before becoming eligivle to be entered in any race governed under the authority of the Commission.
E.  The Respondent's licens shall be suspended for a term of one year, commencing the date this settlement agreement is approved by the Racing Commission.
Name: YANETH CABRERA Ruling Date: 5/13/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-34 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner: Yaneth Cabrera, having been duly notified, and having failed to appear, had her hearing held in absentia before the Board of Stewards May 13, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for confirmed positives of Clenbuterol at 383pg/ml and Carbazachrome at 10 ng/ml for the horse Klassic Strawfly (sample #NM25189), in the 9th race March 10, 2017, in the 30th QH West Texas Maturity at Sunland Park.

Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to trainer Alfredo Gomez and confirmed by Industrial Laboratories. This is in violation of: 15.2.6.9. D. MEDICATION RESTRICTIONS: (2) Drugs or medications in horses are permissible, provided: the drug or medication is listed by the association of racing commissioners international's drug testing standards and practices program; the maximum permissible urine or blood concentration of the drug or medication does not exceed the published limit. (4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. (5) Any horse that is the subject of a positive test report from the official laboratory for a drug in one of the following categories shall be placed immediately on the steward’s list: (c) clenbuterol or other beta-agonist drugs with significant anabolic effects that are not currently penalty class A drugs;

This is Yaneth Cabrera's 4th lifetime Class 3B medication violation in accordance with 15.2.6.9 (L)NMAC.The Board of Stewards assessed Yaneth Cabrera a penalty as follows.

1. A ($5,000) five thousand dollar fine to paid on or before June 13, 2017, 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. 2. Pursuant to rules 15.2.6.9(D)(5)(c), 15.2.6.9 (D)(6), and 15.2.6.9(D)(7), the horse was placed on the Stewards list for a period of 60 days (March 29, 2017 through May 28, 2017 inclusive), during this period the papers were removed from the racing office and the horse was denied entry until they passed a commission approved veterinary examination (which was negative) before being eligible to enter.

    1. The horse “Klassic Strawfly” is hereby disqualified from FIRST PLACE and ordered unplaced from the 9th race on March 10, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Jm Apollo
                2. May Be Fantastic
                3. Walken to the Moon
                4. Rattle N Battle
                5. Flare for Ivory
                6. Sf Hot Pass
                7. Fine Oak Corona
                8. Once Over
Unplaced “Klassic Strawfly

15.2.6.9. C. Penalty recommendations (2) Category B penalties will be assessed against a owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows:Third Lifetime offense- Disqualification, loss of purse, and in the absence of mitigating circumstances a $5,000 fine,and must pass a commission-approved examination before becoming eligible to be entered. 15.2.3.8 B (3)(f) Stewards Disciplinary Action 16.47. 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 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: ROY ULISSES SANCHEZ Ruling Date: 2/11/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-93 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Regal Racing (Roy Sanchez) having been duly notified and having appeared before the Board of Stewards on January 27, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Boxwineizfine”( Test Sample #: NM21890), who finished first place in the 10th race on December 11, 2016, at Zia Park Racetrack in Hobbs, NM. Clenbuterol was confirmed in the split sample sent to Texas A&M on January 10, 2017. Jose Luis Muela, the trainer of record for horse “Boxwineizfine”, was duly notified and appeared for this hearing. In accordance with rules 15.2.6.9 (C)(2)(b) , this is Mr. Muela’s FIRST Class 3B medication violation in a 365-day period

For this THIRD Class 3B medication violation in a 365- day period(refer to rulings 2016-RUI-68 and 2016-ZIA-106) issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed Regal Racing (Roy Sanchez) a penalty as follows.

    1. ($5,000) five thousand dollar fine to paid on or before March 13, 2017, 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.
    2. Pursuant to rules 15.2.6.9(C)(5)(c), 15.2.6.9 (C)(6), and 15.2.6.9(C)(7),the horse “Boxwineizfine” is placed on the Stewards list for a period of 60 days (beginning December 23, 2016). During this period the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “Boxwineizfine” is placed in the on the veterinarian’s list for 45 days starting February 11, 2017, through March 28, 2017, inclusive ,and must pass a commission-approved examination before becoming eligible to be entered.
    4. The horse “Boxwineizfine” is hereby disqualified from FIRST PLACE and ordered unplaced from the 10th race on December 11, 2016, at Zia Park Racetrack in Hobbs, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Apollitical Sign
                2. Perrys Stamina
                3. Memphis D Nasty
                4. Wagon Full of Gold
                5. Carters Last Straw
                6. Hot Authorization
                7. Win Rabbits Fly
Unplaced “BoxwineizfineLicensee is found in violation of :15.2.6.9(C)(1-2-3) NMAC: prima facie evidence/ 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” 15.2.6.9. B. Penalty recommendations Owner Third Lifetime offense Disqualification, loss of purse, and in the absence of mitigating circumstances a $5,000 fine* and horse shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered. This ruling is written in accordance with /15.2.3.8(B)(3)(k) NMAC: Redistribution of purses/ 15.2.5.13(E)(4)(d) NMAC: Stewards Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority/ 16.47.1.8 (A)(1)(2) License Required/ 16.47.1.8(N) Last Known Address/ 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: JAVIER P MONTOYA Ruling Date: 12/5/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-153 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/5/2016 Suspension End: 6/5/2017
Ruling Text: Trainer/Owner, Javier Montoya, having appeared before the Board of Stewards on December 5, 2016, for his involvement concerning a needle handed to owner, Hilda Mojica (girlfriend) from inside of receiving barn stall #59 (assigned to Javier Montoya) for his entry “VMR REBEL” for the 9th race on December 4, 2016, at Zia Park and witnessed by NMRC Investigator Wiseman. For this violation, the Board of Stewards issue Javier Montoya the following penalty: A summary suspension of any/all New Mexico Racing Commission licenses, effective December 5, 2016.

During said time of applicable suspension Javier Montoya 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, during the applicable term of this suspension, all horses owned, trained, or under the care of Javier Montoya are denied further entry pending the outcome of his hearing December 6, 2016, per 15.2.1.9 (C)(21)(c) NMAC.

15.2.1.9 B(3) and 15.2.6.8 B(3) 15.2.3.8 B (3)(f) Stewards Disciplinary Action 16.47. 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.8(E)(l)(1)(A) and 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required and 16.47.1.8 (A)(2) License Required

Name: ADRIAN E HUITRON Ruling Date: 11/28/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-143 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/11/2017 Suspension End: 1/7/2018
Ruling Text: Trainer Adrian E. Huitron having been duly notified and represented by counsel Gene N. Chavez before the Board of Stewards on November 28, 2016, concerning a hearing that was continued from November 8, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the (class 3 penalty B) drug “Albuterol” detected at a level of 35 ng/ml in the urine, which exceeds the authorized limit of 1 ng/ml in urine (15.2.6.9 NMAC attachment #2), in horse “Politically Correct” (Test Sample #: NM24979) who finished third place in the 7th race on September 4, 2016, at Ruidoso Downs in Ruidoso, NM, and confirmed in split sample at a level of 19.2±1.1 ng/ml in the urine sent to Texas A&M on October 10, 2016.

Valeriano Racing Stables (Samuel Valeriano), the owner of record for the horse “Politicaly Correct”, was duly notified and failed to appear for this hearing, this is his First Class 3B medication violation in a 365- day period.

For this SECOND Class 3B medication violation for trainer within a 365- day period issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed (Adrian E. Huitron) a penalty as follows.

1. A 90 day suspension of all NMRC licenses starting December 9, 2016, through March 9, 2017, inclusive. 2. ($2,000) two thousand dollar fine to paid on or before December 28, 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. Pursuant to rules 15.2.6.9(C)(5)(c), 15.2.6.9 (C)(6), and 15.2.6.9(C)(7,the horse “Politicaly Correct” is placed on the Stewards list for a period of 60 days (beginning September 20, 2016). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test prior to entry. 4. The horse “Politicaly Correct” is hereby disqualified from third place and ordered unplaced from the 7th race on September 4, 2016, at Ruidoso Downs in Ruidoso, NM, for all but pari-mutuel wagering. The purse redistribution is as follows.

        1. Zoomin Effortlessly
        2. Jessies First Down
        3. El Duero
        4. Bodacious Eagle
        5. Apollitical Ok
        6. Mad About The Moon
        7. Carters Last Straw
        8. Glock
Unplaced “Politicaly Correct --PAGE 1 of 2--

During said time of applicable suspension, Adrian E. Huitron 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 Adrian E. Huitron are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

Adrian E. Huitron is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: 15.2.6.9. B. Penalty recommendations (2) Category B penalties will be assessed against a trainer/owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows:

        • Trainer second Lifetime offense (365-day period) in any jurisdiction: A minimum 30-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 180-day suspension. A minimum $1,000 absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum fine of $2,500.
        • Owner First Lifetime offense (365-day period) in any jurisdiction: Disqualification, loss of purse (in the absence of mitigating circumstances)* and horse must pass a commission-approved examination before becoming eligible to be entered.
15.2.3.8(B)(3)(k) NMAC: 15.2.5.13(E)(4)(d) NMAC: 15.2.6.9(C)(5)(c), 15.2.6.9 (C)(6), and 15.2.6.9(D)(7), 15.2.3.8 B (3)(f) Stewards Disciplinary Action 16.47. 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.8(E)(l)(1)(A) 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 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." --PAGE 2 of 2--

Name: ADRIAN E HUITRON Ruling Date: 6/28/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-143-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/11/2017 Suspension End: 1/7/2018
Ruling Text:
RE: 2016-ZIA-143 - Penalty Affirmed
DECISION AND ORDER
 
            WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on June 15, 2017, on review of the hearing officer’s report regarding the above named Trainer, Owner, and Horse;
           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 incorporated herein by reference;
WHEREAS, the Commission finds that Trainer’s actions constitute a violation of New Mexico Racing Commission Rules;
WHEREAS the Commission finds there to be sufficient evidence to support the findings of violations on behalf of Trainer;
WHEREAS the Commission voted unanimously to accept in part and to reject in part the penalty recommendations of the Hearing Officer as follows and to incorporate additional penalties and conditions as follows.
 IT IS THEREFORE ORDERED as to Trainer Adrian Huitron offense Sample No. NM24979 pertaining to horse “Politicaly Correct”, Trainer Huitron 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 (to wit: Albuterol) in a horse he is training. As such, Trainer, the Owner, and the horse “Politicaly Correct,” shall be assessed penalties as follows with conditions as follows:
      1. Appellant Trainer Adrian Huitron is assessed a fine in the amount of $2,500 to be paid in one lump sum prior to appearing before the Commission as set forth in IV below;
      2. Appellant Trainer Adrian Huitron is assessed a suspension of one-hundred-eighty (180) days;
      3. Appellant Trainer Adrian Huitron is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;
      4. In regards to Owner, Samuel Valeriano for the offense of the positive test of Albuterol Sample No. NM24979 pertaining to horse “Politicaly Correct” which placed 3rd in the 7th race at Ruidoso Downs in Ruidoso Downs, NM on September 4, 2016  the  penalty imposed shall be disqualification and loss of the purse for the race, and “Politicaly Correct” shall be placed on the veterinarian’s list for ninety (90) days;
      5. “Politicaly Correct” 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 Trainer Adrian Huitron and Owner Samuel Valeriano in accordance with law.  This Order will take effect on July 11, 2017. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA within 30 days of the date that this Order was signed by the Commission.
IT IS SO ORDERED.
Name: ADRIAN E HUITRON Ruling Date: 12/12/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-143-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/11/2017 Suspension End: 1/7/2018
Ruling Text: RE: 2016-ZIA-143 - Appeal Submitted
Name: HECTOR ALDRETE-BIZCARRA Ruling Date: 9/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-17 Ruling Type: Possession and/or Use of an Electrical Device
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: 9/19/2016 Suspension End: 9/19/2021
Ruling Text: Jockey Hector Aldrete, having appeared before the Board of Stewards and having waived his rights to appeal on September 24, 2016, at Zia Park, concerning summary suspension dated September 19, 2016 for being in possession of an electrical device during a compliance search by the investigator in the 4th race on September 18, 2016 at Zia Park.

For this violation, the Board of Stewards issue Hector Aldrete the following penalty:

    1. A 5 year suspension of any/all New Mexico Racing Commission licenses, effective September 19, 2016 through September 19, 2021.
    2. A $5,000 five thousand dollar fine to paid on or before October 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.
    3. Hector Aldrete must appear before the New Mexico Racing Commission for their further review prior to making future application.
During said time of applicable suspension Hector Aldrete is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC per 15.2.1.9 (C)(21)(c) NMAC, and 15.2.3.8 (B)(3)(f) NMAC,

This ruling is in accordance with:

15.2.1.9(B)(3)(a) NMAC: Which states in pertinent part “If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing”.

15.2.5.13 (E)(6)(c) NMAC: Which states in pertinent part “No electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than the riding crop approved by the Stewards, shall be possessed by anyone, or applied by anyone to a horse at any time on the grounds of the Association during the meeting, whether in a race or otherwise”.

16.47.1.8 (E) NMAC: Which states in pertinent part “By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law”.

16.47.1.8(L)(1)(h); 15.2.3.8 B (3)(f); 15.2.3.8B (1) (d); 6.47.1.8. T.

Name: LUIS ARMANDO ROJERO Ruling Date: 4/6/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-216 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Exercise Rider Luis Rojero having been duly notified and appeared before the Board of Stewards April 1, 2016 regarding his conduct towards an official (the outrider).

Luis Rojero 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 Luis Rojero a penalty of fifty dollars ($50.00). The mitigating circumstances for this fine are the licensee has no previous rule violations. The fine is to be paid on or before Date: May 6, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. This fine is midi Failure to pay the fine within the time prescribed may result in immediate suspension.

Name: SAL GONZALEZ Ruling Date: 2/14/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-99 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 3/9/2016 Suspension End: 5/7/2016
Ruling Text: Trainer Sal Gonzalez, having been duly notified, 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 NM15325, after it was collected from the horse "Suzzet Tower" which finished second in the 4th race, November 15, 2015 at Zia Park. (The original lab report indicated a finding of Clenbuterol at 428 pg/ml). Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, but denied, by Sal Gonzalez. Trainer Sal Gonzalez is found to be in violation of: 15.2.6.9(D) (1-2-3) NMAC: Which states in 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 the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective August 20, 2015 in which states in part "Clenbuterol is prohibited. A subsequent published, posted, and distributed memo dated August 20, 2015, stated the criteria for Clenbuterol remained in effect". 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states 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 Sal Gonzalez a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of sixty (60) days starting on March 9, 2016 ending on May 7, 2016. (2) A fine in the amount of fifteen-hundred, dollars ($1500.00.); (3) Loss of purse and the horse must pass a commission approved examine before becoming eligible to enter a race. The new order of finish is (1)Raging Affair (2) Suzett’s Memory (3)Judy’s Bluff (4)Tricky Kitty (5) Twiggy Teras (6)Shug’s Spirit (7) Peaceful Dome, UNPLACED- Suzzet Tower. The owner is Daniel Cardenas. 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) (2) (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.

During said time of applicable suspension, Sal Gonzalez 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.

BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS

_____________________ _______________________ _____________________ Norm Amundson Reuben Rivera JILL CATHEY 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: SAL GONZALEZ Ruling Date: 2/13/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-95 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Sal Gonzalez having been duly notified, having and appeared before the Board of Stewards on February 12, 2016, regarding a confirmed positive test for the Class IV drug “Dexamethasone” at a level of 196 pg per ml., which was found in sample NM10111, after it was collected from the horse “Bushmill’s Pride” which finished third in the seventh race, December 20, 2014, at Sunland Park; For this violation, the Board of Stewards assessed penalties:

As full and final resolution of this matter, Trainer, Sal Gonzalez agrees to the following penalties: (1) A five hundred dollar ($500.00) fine to be paid within thirty (30) days of approval and execution of this settlement agreement by the parties.

(2) The animal “Bushmill Pride” shall be subject to and pass a commission approved examination before becoming eligible to be entered in any race governed under the Commission.

As such, the following applies:

15.2.6.9 (C) NMAC: Which states “Category 4, Class C penalties will be assessed a licensed Trainer for violations due to the presence of a drug carrying a Category 4, Class C penalty: First offense within a 365 day period in any jurisdiction shall have the horse must pass a Commission-approved examination before becoming eligible to be entered”.

(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: SAL GONZALEZ Ruling Date: 2/13/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-97 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 2/22/2016 Suspension End: 3/8/2016
Ruling Text: Trainer Sal Gonzalez, having been duly notified, 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 NM17522, after it was collected from the horse "Mini Tower" which finished second in the 8th race, November 28, 2015 at Zia Park.

(The original lab report indicated a finding of Clenbuterol at 151 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, but denied, by Sal Gonzalez.

Trainer Sal Gonzalez is found to be in violation of:

15.2.6.9(D)(1-2-3) NMAC: Which states in 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 the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective August 20, 2015 in which states in part "Clenbuterol is prohibited. A subsequent published, posted, and distributed memo dated August 20,2015, stated the criteria for Clenbuterol remained in effect".

15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states 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 Sal Gonzalez a penalty as follows:

(1) A suspension of any/all NMSRC issued licenses for a period of fifthteen(15) days starting on February 22,2016 ending on March 8th, 2016. (2) A fine in the amount of one thousand, dollars ($1000.00.); (3) Loss of purse and the horse must pass a commission approved examine before becoming eligible to enter a race. The new order of finish is as follows: (1) Blue N Stone (2) Im Juan's Brother (3) L Dandy (4) Captain Kiss ( 5) The Way to Who (6) Pancho Who (7) Hank N Lefty Who (8) Fancy Jack ,UNPLACED Mini Tower. The Owner is Daniel Cardenas et al.

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)(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.

During said time of applicable suspension, Sal Gonzalez 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: SANDRA E SUCKI Ruling Date: 11/25/2015
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 15MON84 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: On the report from Truesdail Laboratories Inc., the Official Chemist for the New Jersey Racing Commission, that the blood sample of the horse "GIOPI" who finished 7th in the 7th race on September 26, 2015 at Monmouth Park exceeded the permitted threshold of Phenylbutazone @ 5.5 ug/mL (2.0 ug/mL allowed), Flunixin @ 32 ng/mL (20 ng/mL allowed), and Dexamethazone @ 288 pg/mL (5 pg/mL allowed). "GIOPI" is disqualified for all purposes except wagering.

The Horseman's Bookkeeper is authorized to make the necessary purse adjustments.

This in accordance with N.J.A.C. Rules 13:70-14A.9(g)1

Name: SANDRA E SUCKI Ruling Date: 11/25/2015
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 15MON83 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 5/14/2016 Suspension End: 6/12/2016
Ruling Text: A Steward's hearing was held on November 11, 2015 in the Judge's office at Freehold Raceway for Trainer James Nicholson and Owner Sandra Sucki regarding a post race race blood analysis report concerning the horse "GIOPI" who raced at Monmouth Park on September 26, 2015 (finished 7th). The lab results (M8966) revealed the presence of Phenylbutazone in the amount of 5.5 ug/mL (2.0 ug/mL allowed), Flunixin @ 32 ng/mL (20 ng/mL allowed), and Dexamethazone @ 288 pg/mL (5 pg/mL allowed).

After reviewing all the evidence and listening to all testimony the Board of Stewards also found James Nicholson assumed responsibility for a horse not under his active care and supervision.

Owner Sandra Sucki is hereby suspended thirty (30) days, May 14, 2016 through and including June 12, 2016 and fined one thousand ($1,000.00) dollars.

Violation of N.J.A.C. Rules 13:70- 1.15, 14A.1(a,b14), 14A.9g, 14.3, 20.10

Name: EUSEBIO V SANCHEZ Ruling Date: 10/27/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-165 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Owner Eusebio V. Sanchez, having been duly notified, and represented by trainer Manuel Urioste, before the Board of Stewards, October 11, 2015, regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found which was found in sample NM 13233, after it was collected from the horse “Mr Mo Runaway” after it finished first in the 2nd race, Monday, March 2, 2015, at Sunland Park;

Eusebio V. Sanchez is listed as the recorded Owner of the horse " Mr Mo Runaway” which was the subject of related ruling 2015-ZIA-166, issued this date at Zia Park, in which sanction was made against the Trainer of record.

As such, the following applies:

15.2.6.9 (C) NMAC: First offense (365-day period) in any jurisdiction in the following levels, the penalty is the horse may be required to pass a commission-approved examination before being eligible to run:


For this violation, the Board of Stewards assessed Eusebio V. Sanchez a penalty of:

The horse “Mr Mo Runaway” is hereby placed on the Veterinarian List, and is required to pass a commission-approved examination before being eligible to run:

(Refer to related ruling 2015-ZIA-164 issued this date at Zia Park).



Name: EUSEBIO V SANCHEZ Ruling Date: 10/27/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-168 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Owner Eusebio V. Sanchez, having been duly notified, and represented by trainer Manuel Urioste, before the Board of Stewards, October 11, 2015, regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM 11537, after it was collected from the horse “Mr Mo Runaway” which finished second place in the 3rd race, Saturday, June 13, 2015, at The Downs of Albuquerque;

Eusebio V. Sanchez is listed as the recorded Owner of the horse " Mr Mo Runaway” which was the subject of related ruling 2015-ZIA-169, issued this date at Zia Park, in which sanction was made against the Trainer of record.

As such, the following applies:

15.2.6.9 (C) NMAC: First offense (365-day period) in any jurisdiction in the following levels, the penalty is the horse may be required to pass a commission-approved examination before being eligible to run:


For this violation, the Board of Stewards assessed Eusebio V. Sanchez a penalty of:

The horse “Mr Mo Runaway” is hereby placed on the Veterinarian List, and is required to pass a commission-approved examination before being eligible to run:

(Refer to related ruling 2015-ZIA-167, issued this date at Zia Park).



Name: M C Reardon Ruling Date: 8/10/2015
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 45-2015 DE Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 8/15/2015 Suspension End: 8/29/2015
Ruling Text:
(45-2015)

A report from Truesdail Laboratories, Inc., the official Chemists of the Delaware Thoroughbred Racing Commission, showed that the blood sample number 14911, taken from the horse “Mizz Martha”, who finished first in the first race on Saturday, June 13, 2015, tested positive for "Fluphenazine”. The trainer of this horse, Ms. M.C. Reardon, RCI Id 2043872, DOB 05/01/1980, availed herself to a split sample which was confirmed on July 22, 2015, by Industrial Laboratories.

As a result of the positive, Ms. Reardon was noticed for a hearing. Having appeared for 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, Ms. Reardon was found to be in violation of D.T.R.C. Rules 7.3.1, 7.3.6, 7.3.9, 10.8.1.3, 15.1, 15.1.1.1, 15.1.1.2, 15.1.2.2, 15.1.2.6, 15.1.2.7, 15.1.3.1and 15.1.3.1.1. Based on the testimony at this hearing and due to mitigating circumstances Ms. Reardon is fined the sum of five hundred ($500.00) dollars and suspended fifteen (15) calendar days from Saturday, August 15, 2015, through and including Saturday, August 29, 2015. During the period of her suspension, she shall be denied the privileges of all grounds under the jurisdiction of the Delaware Thoroughbred Racing Commission. Refer to D.T.R.C. Rules 3.4 and 18.1. Fine must be paid within 48 hours. This Violation shall incur six (6) Points towards the ARCI Medication point system.

The horse “Mizz Martha" is disqualified from all purse monies in the first race on Saturday, June 13, 2015. The purse is ordered redistributed as follows: 1st –Madre Ditutticapi; 2nd -Frisbee; 3rd –Galpal; 4th –Sorta Sassy; 5th –Antia; 6th-Aragonesa; 7th – Mizz Martha. This ruling in no way affects the pari-mutuel wagering in this race. Refer to D.R.C. Rules 17.6.1 and 17.7.

Name: TONY M GALLEGOS Ruling Date: 5/20/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-106 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer Tony M. Gellegos, having been duly notified and having been represented by council, Pat Bingham, before the Board of Stewards on May 16, 2015 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class 4C drug "Methocarbamol", which was found in sample #NM08391, after it was collected from the horse "Montauk" which finished 1st in the fourth race, Friday, September 5, 2014 at The Downs at Albuquerque; (The original lab report indicated a finding of Methocarbamol at 2,149 nanograms per milliliter in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU which confirmed a finding of Methocarbamol with a concentration of 2.7 ug/ml in the urine which converts to 2,700 nanograms per milliliter.

Trainer Tony M. Gellegos is found to be in violation of:

15.2.6.9 NMAC:
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.
D. MEDICATION RESTRICTIONS:
(1) 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. Prohibited substances include: drugs or medications for which no acceptable levels have been established; therapeutic medications in excess of established acceptable levels; substances present in the horse in excess of levels at which such substances could occur naturally; substances foreign to a horse at levels that cause interference with testing procedures.
(2) Drugs or medications in horses are permissible, provided: the drug or medication is listed by The Association of Racing Commissioners International's drug testing standards and practices program; the maximum permissible urine or blood concentration of the drug or medication does not exceed the published limit.
(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

For this first violation (365 day period), the Board of Stewards assessed: Trainer Tony M. Gellegos, a penalty of a fine in the amount of one thousand dollars ($1,000.00).

Penalty Recommendations:
15.2.6.9 (C) 3 LICENSED TRAINER: Which states in pertinent part that, “1" offense (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $1,000.”
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.

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: TONY M GALLEGOS Ruling Date: 5/20/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-109 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/31/2017 Suspension End: 2/14/2017
Ruling Text:
Trainer Tony M. Gellegos, having been duly notified and having appeared with council, Pat Bingham, before the Board of Stewards on May 17, 2015 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class 4C drug "Methocarbamol", which was found in sample #NM08497, after it was collected from the horse "Future Jabonero" which finished 1st in the second race, September 13, 2014 at The Downs at Albuquerque; (The original lab report indicated a finding of Methocarbamol at 2,039 nanograms per milliliter in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU which confirmed a finding of Methocarbamol with a concentration of 1.1 ug/ml in the urine which converts to 1,100 nanograms per milliliter.

Trainer Tony M. Gellegos is found to be in violation of:

15.2.6.9 NMAC:
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.
D. MEDICATION RESTRICTIONS:
(1) 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. Prohibited substances include: drugs or medications for which no acceptable levels have been established; therapeutic medications in excess of established acceptable levels; substances present in the horse in excess of levels at which such substances could occur naturally; substances foreign to a horse at levels that cause interference with testing procedures.
(2) Drugs or medications in horses are permissible, provided: the drug or medication is listed by The Association of Racing Commissioners International's drug testing standards and practices program; the maximum permissible urine or blood concentration of the drug or medication does not exceed the published limit.
(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

For this second violation (365 day period), the Board of Stewards assessed: Trainer Tony M. Gellegos, a penalty of
    1. A fine in the amount of one thousand five hundred dollars ($1,500.00).
    2. A 15 day suspension starting January 31, 2017 through February 14, 2017. (These dates are associated with other rulings, and may become effective immediately if those rulings are amended.)

Penalty Recommendations:
15.2.6.9 (C) 3 LICENSED TRAINER: Which states in pertinent part that, “2" offense (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $1,500 and 15 day suspension.”
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.

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: TONY M GALLEGOS Ruling Date: 5/27/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-109-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/31/2017 Suspension End: 2/14/2017
Ruling Text: RE: 2015-DAA-109 - Appeal Submitted
Name: EUSEBIO V SANCHEZ Ruling Date: 6/21/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 0093614 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING#: 0093614 TRACK: SunRay Park DATE: June 21, 2014 LICENSEE: Owner EUSEBIO V SANCHEZ DOB: 03/05/1946 LICENSE : #43179630 having Priscilla Leon represent Him/Her before the Board of Stewards on June 21, 2014 for a positive test for Clenbuterol which was found in sample #NM04496 after it was collected from the horse "TALEAS LIBERTY" which finished in 1ST place in the 2nd race on April 6, 2014. Eusebiio V Sanchez is listed as the recorded Owner of the horse "Taleas Liberty" which is the subject of related rulings (#0092614 and #0094614) and issued on this date at SunRay Park in which sanctions were made against the Trainer of record. As such, the following applies: 15.2.6.9 (C ) (4) (a) NMAC: Which states in pertinent part : Category B penalties will be assessed against a licensed Owner for violations due to the presence of a drug carrying Category B penalty: First offence shall be disqualification, loss of purse and the horse must pass a Commission approved examination before becoming eligible to be entered". For this violation, the Board of Stewards assessed Eusebio V Sanchez a penalty as follows: Loss of purse of the 2ND race on April 6, 2014 at Sunland Park Race Track. (Refer to related rulings #0092614 and #0094614). BY ORDER OF THE SUNRAY PARK BOARD OF STEWARDS STEWARD STEWARD STEWARD Reuben Rivera Bob Allison Linda Salinas 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 LUIS CARDENAS Ruling Date: 1/7/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3386814 Ruling Type: Appeal/Stay Granted
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: NEW MEXICO RACING COMMISSION RULING: S 3386814 DATE: January 07, 2014 IN THE MATTER OF JOSE LUIS CARDENAS, (DOB 10/17/1970), (LIC # 43178439) OF RULINGS #2951513, #2952513 AND #2953513 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS ON DECEMBER 16, 2013. Pursuant to Paragraph (10) Subsection B of 15.2.1.9 NMAC, it is hereby ordered that a stay in the matter of JOSE LUIS CARDENAS is issued per District Court Judge Nan G. Nash issued pending a final decision by the New Mexico Racing Commission on this matter. Owner Jose Luis Cardenas was the subject of related Ruling #2951513 issued by the Sunland Park Board of Stewards in which sanctions were made against the Trainer of Record. BY ORDER OF THE NEW MEXICO RACING COMMISSION ______________________________ Vince Mares, Executive Director



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