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. >1/15/2018<

161 Total Rulings compiled at: 1/20/2018 5:02:02 PM G.M.T.

Name: PAUL R HOLZMAN Ruling Date: 1/18/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-15 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Holzman made a late driver change on #6 Momma's Jolt in race 6 on 1/16/18. O.S.R.C.-3769-15-30  15-99
Name: DEMIER MINOR Ruling Date: 1/18/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-13 Ruling Type: Reinstatement to Good Standing in State
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End: 1/16/2018
Ruling Text:
Mr. Minor has paid his fine per ruling NFLD-2016-161 at Northfield Park and is restored to good standing in Ohio. O.S.R.C.-3769-17-36  17-99
Name: JONATHAN WILLIAM ROBERTS Ruling Date: 1/18/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-013-18 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Driver Jonathan Roberts is fined $200.00 for "kicking" at the top of the stretch while driveing #7, LADY BETH in the 4th race at Dover Downs on January 17, 2018. DHRC rule: 7.6.13.1.14. All fines are to be paid within 10 days of written rule.
Name: MATTHEW DON KAKALEY Ruling Date: 1/18/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-36 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Kakaley failed to fulfill his driving obligations, resulting in a late driver changes, when programmed to drive:

Race 3 #5 "SANTA FE" Race 4 #4 "JAYE'S A LADY" Race 5 #7 "HMS FIRECRACKER"

Mr. Kakaley's actions are in violation of N.J.A.C. Rule 13:71-7.29(a)2 as a result, he is fined one hundred ($100.00) dollars per late change or a total of three hundred ($300.00) dollars.

Name: WILLARD C REYNOLDS Ruling Date: 1/18/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-014-18 Ruling Type: Trainer Responsibility
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Willard Reynolds is fined $300.00 for having "TOGETHER AGAIN N" improperly equipment in the 3rd race at Dover Downs December 13, 2017. DHRC rule: 5.3.3.20. All fines are to be paid within 10 days written rule. Mr Reynolds had a judge's hearing at Dover Downs on January 17, 2018.
Name: SETH ROMERO Ruling Date: 1/18/2018
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #18-0005 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 1/19/2018 Suspension End: 3/4/2018
Ruling Text:

Owner/Trainer: Seth C. Romero (4/16/1981)

Upon receipt of notification from University of Kentucky Veterinary Diagnostic Laboratory, an official testing laboratory for the Kentucky Horse Racing Commission, sample number 00113392 taken from MISIA SEKIGUCHI, who finished second in the first race at Turfway Park on December 23, 2017 contained cobalt at a level of 162 ppb in blood (Class B drug). After waiving your right to a formal hearing before the Board of Stewards you are hereby suspended FORTY FIVE (45) days, January 19, 2018 through March 4, 2018 (inclusive) and fined SEVEN HUNDRED FIFTY ($750.00) DOLLARS. MISIA SEKIGUCHI is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. During his suspension Mr. Romero is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Entry of all horses owned or trained by Mr. Romero is denied pending transfer to persons acceptable to the stewards. 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, subsection (2)(4)(5)(6) 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028 Section 4, subsection (2)(a) 1.(b) BY ORDER OF THE STEWARDS

Name: SETH ROMERO Ruling Date: 1/18/2018
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #18-0006 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Seth C. Romero (4/16/1981)

Upon receipt of notification from University of Kentucky Veterinary Diagnostic Laboratory, an official testing laboratory for the Kentucky Horse Racing Commission, sample number 00113392 taken from MISIA SEKIGUCHI, who finished second in the first race at Turfway Park on December 23, 2017 contained cobalt at a level of 162 ppb in blood (Class B drug). After waiving your right to a formal hearing before the Board of Stewards MISIA SEKIGUCHI is disqualified and all purse money forfeited. 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 # 9 TIZ ORCHESTRAL 2nd # 2 BYE BYE BUNTING 3rd # 3 CASH DANCE 4th # 1a COBRA’S CROWN 5th # 6 SWEET HALL 6th # 7 PINK FREUD LIVE 7th # 1 UNDERGROUND VALLEY 8th # 5 HONEY C

Disqualified # 8 MISIA SEKIGUCHI Pari-Mutuel wagering is not affected by this ruling

810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section 6, Section 7 810 KAR 1:028 Section 4, subsection (2)(a) 3.(c) BY ORDER OF THE STEWARDS

Name: Luis Alberto Porfilio Ruling Date: 1/18/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-14 Ruling Type: Conduct Detrimental to Racing
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Porfilio entered the grandstand between races on 1/16/18 wearing driving colors. His action was against the best interest of racing. O.S.R.C.-3769-12-26(A)(10)  12-99  17-10(B)  17-99
Name: BART ANTHONY BRADLEY Ruling Date: 1/18/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-015-18 Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Bart Bradley being trainer of record on the horse JL WONDER WOMAN, is fined $1000.00 dollars and JL WONDER WOMAN is placed on the Steward's List for 14 days for failing a pre-race test on January 10, 2018. Any horse that tests at a Base Excess level of 12.4 mmo/L (mEq/l) or higher for a Lasix treated horse is a positive. JL WONDER WOMAN tested at 13.2 mmol/L. After 14 days JL WONDER WOMAN must pass a blood gas test and re-qualify to compete in purse events. DHRC rule: 8.9, 8.9.1, 8.9.14.2.1, 8.9.15.1.2. All fines are to be paid within 10 days of written rule. Appeals are due within 48 hours of written rule. Mr. Bradley had a judge's hearing at Dover Downs on January 18, 2018.
Name: ROGELIO MIRANDA Ruling Date: 1/18/2018
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #18-0007 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/18/2018 Suspension End:
Ruling Text: Jockey: Rogelio Miranda (D.O.B. 5/31/2000)

Jockey Rogelio Miranda is hereby suspended for failing a drug screen. Upon the expiration of seven (7) calendar days and the submission of a negative drug screen, Mr. Miranda may request reinstatement. During his suspension Mr. Miranda is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission.

810 KAR 1:060 Section 3, subsection (2) 810 KAR 1:060 Section 4, subsection (1)(a)(d)

Name: GARY LYNN STEVENS Ruling Date: 1/17/2018
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 18-008 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Gary Stevens is fined $500 for standing up before the finish of the fifth race on January 15, 2018. a violation of ARC Rule 2351, while riding "Into My Dreams".
Name: JOSE A SANTOS Ruling Date: 1/17/2018
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 18-004 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Agent Jose Santos Jr. is fined $200 for failing to conduct his business in a proper manner, a violation of ARC Rule #2188.(failure to honor first call on January 15, 2018).
Name: JESUS A OSUNA Ruling Date: 1/17/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP056 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/23/2018 Suspension End: 2/13/2018
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on Janaury 16, 2018, Jockey Jesus A. Osuna (ADG #11088) is hereby suspended fifteen (15) racing days (January 23, 24, 27, 28, 29, 30, 31, February 3, 5, 6, 7, 10, 11, 12, 13, 2018 inclusive) for causing interference by carelessly changing lanes without proper clearance resulting in #5 "ANOTHER FOREVER" clipping heels in the second race on January 14, 2018. An aggravating factor considered was the fatal injury suffered by #5 "ANOTHER FOREVER" upon clipping heels.

This suspension does not preclude Jockey Jesus A. Osuna from riding in designated races.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106(C), R19-2-119(C), R19-2-121(E)(2), R19-2-121(E)(3), R19-2-121(E)(6)

Name: MELVIN WAYNE GIVENS Ruling Date: 1/17/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-012-18 Ruling Type: Trainer Responsibility
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Wayne Givens is fined $100.00 for warming-up before Amicar was adminsistered to "PAPA RAY" in the 13th race at Dover Downs on January 11, 2018. DHRC rule: 8.3.5.4. All fines are to be paid within 10 days of written ruling.
Name: DEWAYNE S MINOR Ruling Date: 1/17/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-59 Ruling Type: Trainer Responsibility
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. Dewayne Minor is hereby fined the sum of three hundred ($300.00) dollars. Mr. Minor was the trainer of the horse SOUTH SIDE HANOVER in the race 12 on December 29, 2017 at the Meadowlands Racetrack. SOUTH SIDE HANOVER was left unattended in the paddock following race12 for extended period time. As the trainer, Mr. Minor is responsible for SOUTH SIDE HANOVER being unattended in the paddock.

Violation of N.J.A.C. Rule 13:71-20.4

Name: David Cabrera Ruling Date: 1/17/2018
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 18-006 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey David Cabrera is suspended three racing days, Sunday, January 21, 2018, Thursday, Jauary 25, 2018 and Friday, January 26, 2018, for allowing "Komrad" to drop down from the outside without being clear of inside horses in the ninth race on January 13, 2018, a violation of ARC Rule #2347 (a) and (b) and ARC Rule #2348. "Komrad" finished ahead of the horses that were compromised in the race.

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

Name: LUIS A CONTRERAS Ruling Date: 1/17/2018
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 18-007 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Luis A. Contreras is suspended three racing days, Saturday, January 20, 2018, Sunday, January 21, 2018 and Thursday, January 25, 2018, for allowing Picknngrinn" to angle down without being clear of the inside horses in the sixth race on January 14, 2018, a violation of ARC Rule #2347 (a) and (b) and ARC Rule #2348. "Picknngerinn" finishing ahead of the horses that were compromision in the race.

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

Name: BRETT A MILLER Ruling Date: 1/17/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 18-MDH-1 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. B. 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 #2 "DEEPFAVE HANOVER" in the 13th race on Saturday, January 13, 2018.

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

Name: TRACI CARTER Ruling Date: 1/17/2018
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #18-0004 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Traci L. Carter

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 00113306 taken from RED ALERT, who finished second in the first race at Turfway Park on December 16, 2017 contained triamcinolone acetonide at a level of 150 pg/ml in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards RED ALERT 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 # 8 ANGASTON 2nd # 3 JOOPSTER 3rd # 6 OVERCRITICIZED 4th # 4 MUGROSITO 5th # 7 REVOLUTIONIZE 6th # 2 SHIVOO 7th # 1 MAXIMUS LUCK

Disqualified # 5 RED ALERT

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: GARY LEE GRAY Ruling Date: 1/17/2018
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #18-0003 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Gary L. Gray (D.O.B. 10/20/1940)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 00113306 taken from RED ALERT, who finished second in the first race at Turfway Park on December 16, 2017 contained triamcinolone acetonide at a level of 150 pg/ml in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards you are hereby fined FIVE HUNDRED ($500.00) DOLLARS. RED ALERT 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: KARL MATTHEW BROBERG Ruling Date: 1/17/2018
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 18-005 Ruling Type: Trainer Responsibility
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Karl Broberg is fined $500 for failing to bring "Fusaichi Flame" to the Paddock for the second race on January 13, 2018, a violation of ARC Rule #2121, necessitating a late scratch after the pari-mutuel windows were open for wagering.
Name: ALLEN MILLIGAN Ruling Date: 1/17/2018
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 18-009 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Allen Milligan is fined $100 for sending "All About Ashley" to the track for the sixth race on January 15, 2018 without blinkers and without the approval of the Stewards as required under ARC Rule #2265. Blinkers were added at the staring gate.
Name: C.J. McMahon Ruling Date: 1/17/2018
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 18-010 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey C.J. McMahon is fined $200 for being late to the Paddock for the sixth race on January 13, 2018 as required by the Stewards, a violation of ARC Rule #2061.
Name: Rafi A Willis Ruling Date: 1/16/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-10 Ruling Type: Failure to Meet Financial Obligation
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/15/2018 Suspension End:
Ruling Text:
Mr. Willis is hereby suspended until he pays the fine per ruling NFLD-2017-260 at Northfield Park. O.S.R.C.-3769-17-36  17-99
Name: LESLIE O. GIVENS Ruling Date: 1/16/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-011-18 Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Leslie O Givens being trainer of record on the horse USE OUR NOODLE, is fined $1000.00 dollars and USE YOUR NOODLE is placed on the Steward's List for 14 days for failing a pre-race test on January 3, 2018. Any horse that tests at a Base Excess level of 12.4 mmol/L (mEq/l) or highter for a Lasix treated horse is a positive. USE YOUR NOODLE tested at 13.5 mmol/L. After 14 days USE YOUR NOODLE must pass a blood gas test and re-qualify to compete in purse events. DHRC rule: 8.9.8.9.1, 8.9.14.2.1,8.9.15.1.2. All fines are to be paid within 10 days of written rule. Appeals are due within 48 hours of written rule. Mr. Givens waived his right to a hearing.
Name: Douglas William Chappell Ruling Date: 1/16/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-H#2 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $100.00 H.R.A. Rule 458(2)(g)(b); From the 1/4 mile pole until the horse reaches the 7/8 mile pole, the 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 (no repetitive whipping).
Name: JOHN D WENGERD Ruling Date: 1/16/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-11 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Wengerd was late for the breath analyzer test for race 2 on 1/9/18. O.S.R.C.-3769-14-22  14-50  14-99
Name: GABRIEL M ACOSTA Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-37 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Gabriel Acosta waived his rights to a 10 day notice of hearing and a formal of hearing before the Board of Stewards on January 14, 2018, for missing Lasix for entry, “UR CRACE FINDS ME”, which resulted in a late scratch and mutuel refund in the 4th race on January 13, 2018 at Sunland Park Racetrack.

The Board of Stewards hereby fine Gabriel Acosta in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before February 16, 2018, in accordance with 15.2.3.8 (B)(3)(1) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found 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 four hour administration requirement specified above. After treatment, the horse shall be required by the commission to remain in the detention barn in the care, custody and control of its trainer or the trainer's designated representative under association or commission security supervision until called to the saddling paddock. 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

This ruling in 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): 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: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-33 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Javier Borunda was duly notified, failed to appear, and had his disciplinary hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on January 13, 2018. The disciplinary hearing was in regard to Javier Borunda failing to have sufficient works for entry “IMMACULATE MOON”, which resulted in a scratch in the 5th race on December 22, 2017, at Sunland Park Racetrack.

The Board of Stewards hereby fine Javier Borunda a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before February 16, 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: 15.2.5.11( A) WORKOUT REQUIREMENTS 15.2.5.12 (L) HORSES INELIGABLE 16.47.1.10 (C)(18) TRAINER RESPONSIBILITY

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): 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 Q MONTOYA Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-35 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Jose Montoya was duly notified, failed to appear, and had his disciplinary hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on January 14, 2018. Jose Montoya failed to be excused from, or to notify the Board of Stewards of his absence, and subsequent failure to honor his riding engagement (entry “FIRST SUMMER LOVE”) in the 6th race on December 22, 2017, at Sunland Park Racetrack.

The Board of Stewards hereby fines Jose Montoya in the amount of two hundred dollars ($200.00). The fine is to be paid on or before February 16, 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: 15.2.5.13(C)(1) Which states in pertinent part that “Jockeys shall report to the Jockey’s quarters at the time designated by the association. Jockeys shall report their engagements and any overweight to the clerk of scales. Jockeys shall not leave the Jockeys’ quarters, except to ride in scheduled races, until all of their riding engagements of the day have been fulfilled except as approved by the Stewards.” 5.2.5.13(C)(3) Which states in pertinent part that “Except as otherwise provided by this subsection, a jockey engaged for a certain race or for a specified time may not fail or refuse to abide by the engagement agreement, unless excused by the Stewards.”

This ruling is written in accordance with: 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: ANGEL RAUL FELIX Ruling Date: 1/16/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP055 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/20/2018 Suspension End: 1/23/2018
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on January 14, 2018, Jockey Angel Felix (ADG #22227) is hereby suspended three (3) racing days (January 20, January 21, and January 22, 2018 inclusive) for changing lanes in a manner that interfered with the #4 "BASES LOADED" at the 1/16 pole in the 6th race on January 13, 2018.

This suspension does not preclude Jockey Angel Felix from riding in designated races.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106(C), R19-2-119(C), R19-2-121(E)(2), R19-2-121(E)(3), R19-2-121(E)(6)

Name: MANUEL RODRIGUEZ Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-38 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/trainer Manuel R. Rodriguez was duly notified and appeared before the Board of Stewards on January 16, 2018, for failing to disclose his arrest/criminal history on his license application dated November 16, 2017.

After considering the mitigating circumstances, the Board of Stewards hereby issue a warning letter to Manuel R. Rodriguez.

Licensee is found to be in violation of: 16.47.1.8 (L)(1)(d) GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE. Application requirements

This ruling is written in accordance with: 16.47.1.8 (L)(1)(i) – CONDUCT “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. 15.2.1.8(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: BRANDON CHANCE BOULANGER Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-30 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/12/2018 Suspension End:
Ruling Text: Jockey, BRANDON CHANCE BOULANGER, is hereby summarily suspended, effective immediately, January 12, 2018, pending the outcome of his hearing on January 21, 2018, @ 9:30a.m in the offices of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Drive Sunland Park, New Mexico 88063) per 15.2.1.9 (B)(3)(b) Summary Suspension. BRANDON CHANCE BOULANGER tested positive for marijuana metabolites during a drug screening on January 12, 2018.

Per 15.2.1.9 (C)(21)(a-b) NMAC, BRANDON CHANCE BOULANGER is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC.

Licensee is found to be in violation of: 15.2.1.9(B)(3)(a): 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”. 16.47.1.16 (C)(7) Restricted Activities: It shall be an offense to exercise the privileges granted by a license from this commission if the licensee presently has drugs (controlled substances) or alcohol in his/her body. With regard to alcohol, the results of a test showing a reading of more than .05 percent of alcohol in the blood, urine, saliva or other bodily fluids of licensees in non-safety sensitive positions shall be the criterion for a finding of alcohol present in the body. With regard to other controlled substances, presence of the drug in any quantity measured by the testing instrument establishes the presence of the drug for purposes of this paragraph. Licensees in safety sensitive positions, jockeys, starters, assistant starters, exercise riders, pony persons, ambulance personnel, and outriders are in violation of this rule if they have any measurable level of alcohol.

This Ruling is written in accordance with 16.47.1.8 (L)(1)(i) – 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” 16.47.1.17 (A)(1) TESTING PROCEDURES At its discretion, the commission may conduct random or episodic random drug testing, as well as testing based on reasonable suspicion, in order to ensure safety on the racetrack. 16.47.1.17 (A)(2) TESTING PROCEDURES When conducted, random drug testing shall apply, equally, to all licensees who are, at the time of the random testing, exercising the privileges of their license in such ways as may affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas. 16.47.1.17 (A)(3) TESTING PROCEDURES No notice need be given as to onset or cessation of random testing. 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: ALONZO ARANDA Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-39 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner/ Trainer Alonso Aranda was duly notified and appeared before the Board of Stewards on January 16, 2018, for failing to disclose criminal/arrest history on his licensing application.

The Board of Stewards hereby fine Alonso Aranda in the amount of two hundred dollars ($200.00). The fine is to be paid on or before February 16, 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: 16.47.1.8 (L)(1)(d) GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE. Application requirements

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): 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: TRACY LEE SLATEN Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-29-FO Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/12/2018 Suspension End: 3/13/2018
Ruling Text: RE: 2018-SUN-29 - Ruling Final Outcome Pony Person, TRACY LEE SLATEN, was summarily suspended on January 12, 2018, and waived his rights to a formal disciplinary hearing before the Board of Stewards on January 16, 2018. TRACY LEE SLATEN tested positive for amphetamine and methamphetamine during a drug screening on January 09, 2018.

The Board of Stewards hereby suspend all NMRC licenses belonging to TRACY LEE SLATEN for 60 days (retroactive from the summary suspension issued on January 12, 2018) January 12, 2018, through March 13, 2018, inclusive. 30 days will be deferred upon immediate enrollment in Chaplain Donald Stover’s “Turning Point Program” (16.47.1.18(C )NMAC). After 30 days has been served Tracy Slaten must submit a negative sample and is given probationary status. Furthermore Tracy Slaten may be tested at the request of the stewards at any time. Failure to attend “The Turning Point Program” will result Tracy Slaten’s immediate suspension to serve the remainder of the 60 days.

Per 15.2.1.9 (C)(21)(a-b) NMAC, While under suspension, TRACY LEE SLATEN is excluded from all areas of the grounds under the jurisdiction of the NMSRC.

Licensee is found to be in violation of: 16.47.1.17 (A)(1) TESTING PROCEDURES/16.47.1.17 (A)(2) TESTING PROCEDURES /16.47.1.16 (C)(7) Restricted Activities

This Ruling is written in accordance with 16.47.1.8 (L)(1)(i)Conduct / 16.47.1.17 (A)(3) TESTING PROCEDURES /16.47.1.8 (E)AGREEMENT TO SEARCH AND SEIZURE /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: TRACY LEE SLATEN Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-29 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/12/2018 Suspension End: 3/13/2018
Ruling Text: Pony Person, TRACY LEE SLATEN , is hereby summarily suspended, effective immediately, January 12, 2018, pending the outcome of his hearing on January 16, 2018, @ 10:30a.m in the offices of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Drive Sunland Park, New Mexico 88063) per 15.2.1.9 (B)(3)(b) Summary Suspension. TRACY LEE SLATEN tested positive for amphetamine and methamphetamine during a drug screening on January 09, 2018.

Per 15.2.1.9 (C)(21)(a-b) NMAC, TRACY LEE SLATEN is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC.

Licensee is found to be in violation of: 15.2.1.9(B)(3)(a): 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”. 16.47.1.16 (C)(7) Restricted Activities: It shall be an offense to exercise the privileges granted by a license from this commission if the licensee presently has drugs (controlled substances) or alcohol in his/her body. With regard to alcohol, the results of a test showing a reading of more than .05 percent of alcohol in the blood, urine, saliva or other bodily fluids of licensees in non-safety sensitive positions shall be the criterion for a finding of alcohol present in the body. With regard to other controlled substances, presence of the drug in any quantity measured by the testing instrument establishes the presence of the drug for purposes of this paragraph. Licensees in safety sensitive positions, jockeys, starters, assistant starters, exercise riders, pony persons, ambulance personnel, and outriders are in violation of this rule if they have any measurable level of alcohol.

This Ruling is written in accordance with 16.47.1.8 (L)(1)(i) – 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” 16.47.1.17 (A)(1) TESTING PROCEDURES At its discretion, the commission may conduct random or episodic random drug testing, as well as testing based on reasonable suspicion, in order to ensure safety on the racetrack. 16.47.1.17 (A)(2) TESTING PROCEDURES When conducted, random drug testing shall apply, equally, to all licensees who are, at the time of the random testing, exercising the privileges of their license in such ways as may affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas. 16.47.1.17 (A)(3) TESTING PROCEDURES No notice need be given as to onset or cessation of random testing. 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: Eloy Mendoza Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-31 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Eloy Mendoza was duly notified, failed to appear, and had his disciplinary hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on January 12, 2018. The disaplinary hearing was in regard to Eloy Mendoza failing to appear in paddock with entry, “GONAMAKEUREYESBLACK”, which resulted in a late scratch and mutuel refund in the 1st race on December 22, 2017 at Sunland Park Racetrack.

The Board of Stewards hereby fine Eloy Mendoza in the amount of two hundred dollars ($200.00). The fine is to be paid on or before February 16, 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 in violation of . 16.47.1.10 (C) (22) TRAINER RESPONSIBILITY presenting his/her horse in the paddock at least 20 minutes before post time or at a time otherwise appointed before the race in which the horse is entered.

This ruling in 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): 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 ASCENSION LOMELI Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-34 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:

The Assistant Starter license issued to Jose Lomeli is hereby rescinded without prejudice as he is no longer working in that capacity.

This ruling is in accordance with: 16.47.1.8 (M)(2)Duration Of License Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such 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) Last Known Address/ 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: JOSUE PONCE Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-32 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Josue Ponce was duly notified and responded telephonically for his disciplinary hearing before the Board of Stewards on January 12, 2018. Josue Ponce entered the ineligible horse “MS PRADA”, which resulted in a scratch in the race on December 23, 2017 at Sunland Park Racetrack. (Trainer suspended at time of entry.)

The Board of Stewards hereby fine Josue Ponce in the amount of two hundred dollars, ($200.00) The fine is to be paid on or before February16, 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: 15.2.1.9(B)(8)(c) Effect of Rulings The stewards shall honor the rulings issued by other pari-mutuel racing commissions. 16.47.1.10 (C) (18) Trainer Responsibility The trainer is responsible for horses entered as to eligibility and weight or other allowances claimed. 15.2.1.9(C)(22)(a) Reciprocity The stewards shall honor the rulings issued by other pari-mutuel racing commissions. 16.47.1.10(C)(26) Trainer Responsibility A trainer is responsible for notifying horse owners upon the revocation or suspension of their trainer's license; upon application by the owner, the stewards may approve the transfer of such horses to the care of another licensed trainer, and upon such approved transfer, such horses may be entered to race.

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): 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: ELISHA A LAFRENIERE Ruling Date: 1/16/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-12 Ruling Type: Failure to Meet Financial Obligation
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Ms. Lafreniere issued a check for a 2018 OSRC license and the check was returned for Not Sufficient Funds. O.S.R.C.-3769-12-26(A)(6)  12-99
Name: MARTIN FELIX RAMOS Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-36 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: issued in error
Name: RIGOBERTO SEVILLA Ruling Date: 1/15/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-36 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/25/2018 Suspension End: 1/27/2018
Ruling Text: Apprentice Jockey RIGOBERTO SEVILLA, who rode ANZIYAN CAT in the sixth race at Santa Anita Park on January 14, 2018 is suspended for THREE (3) racing days (January 25, 26 and 27, 2018) for failure to make the proper effort to maintain a straight course and causing interference in the first turn. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rule – Careless Riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.
Name: MATTHEW GARCIA Ruling Date: 1/14/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-33 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey MATT GARCIA is fined TWO hundred dollars ($200.00)* for violation of California Horse Racing Board rule 1688 (b)(6) (Use of Riding Crop – more than three times in succession without giving the horse a chance to respond – second offense in last 60 days; last offense December 14, 2017), during the fifth race at Santa Anita Park on January 13, 2018.
Name: DRAYDEN JAMES VAN DYKE Ruling Date: 1/14/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-34 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey DRAYDEN VAN DYKE is fined ONE hundred dollars ($100.00)* for violation of California Horse Racing Board rule 1688(b)(6) (Use of Riding Crop – more than three times in succession without giving the horse a chance to respond), during the eighth race at Santa Anita Park on January 13, 2018.
Name: ANTONIO GARCIA Ruling Date: 1/14/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-32 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner/ Trainer ANTONIO GARCIA who started the horse DUKE OF FALLBROOK, who finished third in the first race at Los Alamitos Race Track on September 7, 2017 is fined FIVE HUNDRED DOLLARS ($500.00)* pursuant of California Horse Racing Board rule #1887 (Trainer to Insure Condition of Horse) and California Horse Racing Board rule #1843 (a)(d) (Medication, Drugs and Other Substances: dexamethasone – in excess of permitted level - 313 pg/ml – Class 4).
Name: TYLER BAZE Ruling Date: 1/14/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-35 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey TYLER BAZE is fined THREE hundred dollars ($300.00)* for violation of California Horse Racing Board rule 1688(b)(6) (Use of Riding Crop – more than three times in succession without giving the horse a chance to respond – third offense in last 60 days; last offense January 12, 2018), during the ninth race at Santa Anita Park on January 13, 2018.
Name: VICTOR MANUEL DIAZ Ruling Date: 1/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-26 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, Jovi Investment Corp (Victor Diaz) was duly notified, failed to appear, and had his hearing held in absentia in accordance 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on January 14, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the class 3 penalty B drug “clenbuterol” detected in the urine of horse “Ave Fenix”(Test Sample #: NM12223), who finished 2nd place in the 3rd race on May 29, 2015, at Ruidoso Downs Racetrack in Ruidoso, NM. Clenbuterol was confirmed in the urine of the split sample sent to Industrial Laborites on August 4, 2015..

Martin Orona Jr. (currently under suspension), the trainer of horse “Ave Fenix”, was notified and appeared with attorney Daniel Marquez for this disciplinary hearing. This is Martin Orona Jr.’s SECOND Class 3B medication in a 365-day period, in accordance with 15.2.6.9 (B)(2) Penalty Recommendations.

For Victor Diaz’s FIRST 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. Pursuant to 15.2.6.9 (C) NMAC, the horse “Ave Fenix” must pass a Commission approved examination prior to race.
    2. The horse “Ave Fenix”is hereby disqualified from SECOND PLACE and ordered unplaced from the 3rd race on May 29, 2015, at Ruidoso Downs Racetrack in Ruidoso, NM, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. First Note Medley
                2. Wr James
                3. Gon in a Flash
                4. Jentleman James
                5. Nemos Treasure
                6. Jess a Gittin It
                7. Lil Corona Amsterdam
Unplaced “Ave Fenix

Licensee is found in violation of and ruling written in accordance with: 15.2.3.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(A)(3) Medication Restrictions and Prohibited Substances/ 15.2.6.9(C)(1) Penalty Recommendations/ 15.2.6.9(D) Medication Restrictions/ 16.47.1.8 Knowledge of the Rules.

Name: MARTIN M ORONA Ruling Date: 1/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-25 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 4/2/2018 Suspension End: 5/2/2018
Ruling Text: Trainer, Martin Orona Jr. (currently under suspension), was notified and appeared with attorney Daniel Marquez for a hearing before the Board of Stewards on January 14, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the class 3 penalty B drug “clenbuterol” detected in the urine of horse “Ave Fenix”(Test Sample #: NM12223), who finished 2nd place in the 3rd race on May 29, 2015, at Ruidoso Downs Racetrack in Ruidoso, NM. Clenbuterol was confirmed in the urine of the split sample sent to Industrial Laborites on August 4, 2015..

Jovi Investment Corp (Victor Diaz), the owner of horse “Ave Fenix”, was duly notified and failed to appear for this hearing. This is Victor Diaz’s FIRST 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 SECOND 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 30 day suspension of all NMRC licenses running consecutively from ruling 2017-ZIA-225, April 2, 2018, through May 1, 2018, inclusive.
    2. A ($1,000) one thousand dollar fine to paid on or before February 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.

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

Licensee is found in violation of and ruling written in accordance with: 15.2.3.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(A)(3) Medication Restrictions and Prohibited Substances/ 15.2.6.9(C)(1) Penalty Recommendations/ 15.2.6.9(D) Medication Restrictions/ 16.47.1.10(B) Absolute Insurer/ 16.47.1.8 Knowledge of the Rules.

Name: DAVID T. JACOBSON Ruling Date: 1/13/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-29 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 400 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer DAVID JACOBSON, who was scheduled to start RAAGHEB in the third race on January 12, 2018, at Santa Anita Park, is fined FOUR HUNDRED DOLLARS ($400.00)* for violation of California Horse Racing Board rule #1629 (Penalty for Late Declaration – trainer decision).
Name: TYLER BAZE Ruling Date: 1/13/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-30 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey TYLER BAZE is fined TWO hundred dollars ($200.00)* for violation of California Horse Racing Board rule 1688 (b)(6) (Use of Riding Crop – more than three times in succession without giving the horse a chance to respond – second offense in last 60 days), during the first race at Santa Anita Park on January 12, 2018; first offense on November 24, 2017.
Name: COREY S NAKATANI Ruling Date: 1/13/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-31 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey COREY NAKATANI is fined ONE hundred dollars ($100.00)* for violation of California Horse Racing Board rule 1688 (b)(6) (Use of Riding Crop – more than three times in succession without giving the horse a chance to respond – first offense in last 60 days), during the seventh race at Santa Anita Park on January 12, 2018.
Name: FELIPE FIGUEROA MARTINEZ Ruling Date: 1/12/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-28 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey FELIPE MARTINEZ is fined ONE hundred dollars ($100.00)* for violation of California Horse Racing Board rule 1688 (b)(6) (Use of Riding Crop – more than three times in succession without giving the horse a chance to respond – first offense in last sixty days), during the second race at Santa Anita Park on January 11, 2018.
Name: ANTHONY J NAPOLITANO Ruling Date: 1/12/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-58 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Napolitano is hereby fined the sum of three hundred ($300.00) dollars.

You did use the whip in an excessive, unnecessary and indiscriminate manner while driving #8 "WORK AND PLAY HARD" in the 14th race on Friday, December 23, 2017.

Violation of NJAC Rule 13:71-20.15

Name: JOSE ACEVES RODRIGUEZ Ruling Date: 1/12/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-27 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/12/2018 Suspension End:
Ruling Text: Exercise Rider JOSE RODRIGUEZ, having failed to comply with the provisions set forth by the Winners’ Foundation that restored his license to good standing in LAFL Ruling #012, is again suspended for violation of California Horse Racing Board rule #1930 (Obedience to Security Officers and Public Safety Officers – failure to attend Winners’ Foundation meetings).
Name: TOM A CLARK Ruling Date: 1/12/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-26 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer (expired) TOM CLARK, who failed to appear for hearing on March 5, 1999, now having provided evidence of Chapter 7 bankruptcy petition (Case Number 99-02683 – United States Bankruptcy Court – District of Arizona – Angels Feed - $5,120.00) is restored to good standing. Ruling LATS #084 issued at Santa Anita Park on March 6, 1999, is set aside.
Name: CHRISTOPHER T FIUMARA Ruling Date: 1/18/2018
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 22530 Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Ineligible to participate in racing pending completion of license requirements. (Temporary owner license expired 01/07/2018).
Name: WESLEY CARTER WELKER Ruling Date: 1/18/2018
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 22532 Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Ineligible to participate in racing pending completion of license requirements. (Temporary owner license expired 01/02/2018).
Name: ANNE T SMITH Ruling Date: 1/18/2018
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 22531 Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Ineligible to participate in racing pending completion of license requirements. (Temporary owner license expired 01/05/2018).
Name: ALAN HERMAN Ruling Date: 1/18/2018
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 22533 Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Ineligible to participate in racing pending completion of license requirements. (Temporary owner license expired 01/02/2018).
Name: KELLYE M KRAMER Ruling Date: 1/11/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-010-18 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Kellye J Kramer's conditional owner/trainer Delaware Harness Racing Commission license is revoked for falsifying your application. DHRC rule: 5.1.16.1.5., 5.1.16.1.10 and 5.1.27.10.6.
Name: JONATHAN WILLIAM ROBERTS Ruling Date: 1/11/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-009-18 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Driver Jonathan Roberts is fined $100.00 for going inside the last pylon at the top of the stretch at Dover Downs on January 2, 2018. KEYSTONE ORION finished 1st and was placed 2nd. DHRC rule: 7.6.14.1. All fines are to be paid within 10 days of written rule. Mr. Roberts had a judge's hearing on January 10, 2018 at Dover Downs.
Name: GERRY JOHN HUDON Ruling Date: 1/9/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-H#1 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 175 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $175.00 H.R.A. Rule 458(g); driver fails to set or maintain a pace comparable to the class in which the driver is racing, considering the track conditions, weather and circumstances in the race.
Name: PEDRO SANDOVAL HERNANDEZ Ruling Date: 1/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-23-MOD Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-23 - 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. Name correction from Martin Orona Jr. to Pedro Sandoval Hernandez.

Trainer Pedro Sandoval Hernandez was duly notified and appeared for a disciplinary hearing before the Board of Stewards on January 9, 2018. Pedro Sandoval Hernandez entered the ineligible (in violation of Arizona claiming rules) horse “BLUE EYES WHO”, which resulted in a scratch in the 8th race on December 19, 2017, at Sunland Park Racetrack.

The Board of Stewards hereby fine Pedro Sandoval Hernandez in the amount of two hundred dollars, ($200.00) The fine is to be paid on or before February 9, 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: 16.47.1.10 (C) (18) Trainers are responsible for horses entered as to eligibility and weight or other allowances claimed. 15.2.1.9(C)(22)(a) Reciprocity The stewards shall honor the rulings issued by other pari-mutuel racing commissions.

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): 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: PEDRO SANDOVAL HERNANDEZ Ruling Date: 1/9/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-23 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Pedro Sandoval Hernandez was duly notified and appeared for a disciplinary hearing before the Board of Stewards on January 9, 2018. Martin Orona Sr. entered the ineligible (in violation of Arizona claiming rules) horse “BLUE EYES WHO”, which resulted in a scratch in the 8th race on December 19, 2017, at Sunland Park Racetrack.

The Board of Stewards hereby fine Pedro Sandoval Hernandez in the amount of two hundred dollars, ($200.00) The fine is to be paid on or before February 9, 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: 16.47.1.10 (C) (18) Trainers are responsible for horses entered as to eligibility and weight or other allowances claimed. 15.2.1.9(C)(22)(a) Reciprocity The stewards shall honor the rulings issued by other pari-mutuel racing commissions.

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): 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: MIGUEL ALBERTO VANDO RAMOS Ruling Date: 1/9/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-20 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Security Staff, Miguel A. Ramos was duly notified, failed to appear, and had his disciplinary hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d), before the Board of Stewards on January 6, 2018, at Sunland Park Racetrack . Miguel A. Ramos failed to disclose criminal/arrest history on his licensing application.

The Board of Stewards hereby revoke any/all New Mexico Racing Commission licenses belonging to Miguel A. Ramos, effective immediately January 6, 2018. Furthermore, Miguel A. Ramos and is referred to the New Mexico Racing Commission for their further review prior to any further application.

During said time of suspension Miguel A. Ramos 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: 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;

This ruling is written in accordance with: 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." 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: DICKIE LLOYD MARTINEZ Ruling Date: 1/8/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP050 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 787.5 Fine Paid: N
Suspension Start: 1/19/2018 Suspension End:
Ruling Text: Having been properly notified of a formal hearing, and having waived that right on January 6, 2018, Trainer Dickie Lloyd Martinez (ADG #11340), is hereby fined SEVEN HUNDRED AND FIFTY DOLLARS ($750.00) plus 5% Race Horse Adoption Fund surcharge for a total of SEVEN HUNDRED AND EIGHTY SEVEN DOLLARS AND FIFTY CENTS ($787.50) following receipt of a report from Industrial Laboratories indicating blood sample #E229350 taken from the horse "Royal Kingdom" winner of the FOURTH race on December 20, 2017, was confirmed positive for the presence of the Class IV foreign substance DEXAMETHASONE (27.2 +/- 3.1 pg/mL).

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by January 18, 2018, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning January 19, 2017 through and inclusive of July 20, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102.19.; A.A.C. R19-2-102.39.; A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.B.C.; A.A.C. R19-2-120.B.1.; A.A.C. R19-2-120.C.1.; A.A.C. R19-2-120.C.2.; A.A.C. R19-2-120.C.3.; A.A.C. R19-2-120.C.6.; A.A.C. R19-2-120.D.1.; A.A.C. R19-2-120.D.2.; A.A.C. R19-2-120.O.1.; A.A.C. R19-2-120.O.2.; A.A.C. R19-2-121.E.2.; A.A.C. R19-2-121.E.3.; A.A.C. R19-2-121.E.6.

Name: DICKIE LLOYD MARTINEZ Ruling Date: 1/19/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP050-FTC Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 787.5 Fine Paid: N
Suspension Start: 1/19/2018 Suspension End:
Ruling Text: RE: 17-18TP050 - Failure to Comply: Nonpayment of fine.
Name: DAVID WALTER KERN Ruling Date: 1/19/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP049-FTC Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 105 Fine Paid: N
Suspension Start: 1/19/2018 Suspension End:
Ruling Text: RE: 17-18TP049 - Failure to Comply: Nonpayment of fine.
Name: DAVID WALTER KERN Ruling Date: 1/8/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP049 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 105 Fine Paid: N
Suspension Start: 1/19/2018 Suspension End:
Ruling Text: Having been properly noticed for to a formal hearing and having waived that right on January 6, 2018, Trainer David Kern (ADG #16400) is hereby fined the sum of ONE HUNDRED DOLLARS ($100.00) plus 5% Race Horse Adoption surcharge for a total of ONE HUNDRED AND FIVE DOLLARS ($105.00) for failing to honor the entry of the horse "FRAT BOY" in the eighth race on January 6, 2018, resulting in a late scratch at Turf Paradise Race Course.

The fine set forth above must be satisfied within ten days from the date of this order. Failure to comply with all requirements of this ruling by January 18, 2018, will result in a one hundred eighty days (180) day suspension from (January 19, 2018 through and including July 18, 2018) and will be referred to the Director of the Arizona Department of Gaming - Racing Division with the recommendation that his license remain suspended until such time that the financial obligation is satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.; A.A.C. R19-2-111.B.; A.A.C. R19-2-113.A.; A.A.C. R19-2-121.E.2.;

Name: JUAN M GUTIERREZ-QUINTANA Ruling Date: 1/8/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP052 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 787.5 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having been properly notified of a formal hearing, and having waived that right on January 7, 2018, Owner/Trainer Juan Quintana-Gutierrez (ADG #11564), is hereby fined SEVEN HUNDRED AND FIFTY DOLLARS ($750.00) plus 5% Race Horse Adoption Fund surcharge for a total of SEVEN HUNDRED AND EIGHTY SEVEN DOLLARS AND FIFTY CENTS ($787.50) following receipt of a report from Industrial Laboratories indicating blood sample #E229341 taken from the horse "NANG NOI" winner of the FIFTH race on December 19, 2017, was confirmed positive for the presence of the Class IV foreign substance DEXAMETHASONE (11.7 +/- 3.1 pg/mL).

The horse "NANG NOI" winner of the fifth race on December 19, 2017, is hereby disqualified and declared unplaced. The revised order of finish is as follows: 1st STOLEN DREAM 2nd LITTLE BARBARA ANN 3rd MISS TIZZY FIT 4th LOVEYOULESS 5th JAZZ NIGHT 6th VANT 7th AMERICAN MIZ 8th COWGIRLS CAUSE 9th BIG EIGHT The horsemen's bookkeeper is directed to make the necessary changes. This revision of the order of finish does not alter the Pari-Mutuel results of the race in question. The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by January 18, 2018, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning January 19, 2017 through and inclusive of July 18, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102.19.; A.A.C. R19-2-102.39.; A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.B.C.; A.A.C. R19-2-120.B.1.; A.A.C. R19-2-120.C.1.; A.A.C. R19-2-120.C.2.; A.A.C. R19-2-120.C.3.; A.A.C. R19-2-120.C.6.; A.A.C. R19-2-120.D.1.; A.A.C. R19-2-120.D.2.; A.A.C. R19-2-120.O.1.; A.A.C. R19-2-120.O.2.; A.A.C. R19-2-121.E.2.; A.A.C. R19-2-121.E.3.; A.A.C. R19-2-121.E.6.

Name: JUAN M GUTIERREZ-QUINTANA Ruling Date: 1/8/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP052A Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 525 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Original ruling 17-18 TP 052 has been AMENDED. OK to REVERSE THE REDISTRIBUTION. The 5th race on 12/19/17 is to be returned to its ORIGNAL ORDER OF FINISH and reduce fine from $787.50 to $525.00.

Juan Quintana Gutierrez requested a motion of reconsideration. After considering the new information the Board of Stewards amends Ruling #TP17-18052. The initial penalty included a fine, disqualification and loss of purse. The December 19, 2017 positive was considered a second offense due to a previous violation within 365 days; New Mexico Racing Commission Ruling #2017-DAA-58 dated August 11, 2017. The violation occurred July 21, 2015 at Sunray Park for Clenbuterol - a prohibited (class 3 penalty B) drug. Recent information provided by the New Mexico Racing Commission provided evidence for the need to amend this ruling. The current positive is now considered a first offense within 365 days.

Owner/Trainer Juan Quintana-Gutierrez (ADG #11564), is hereby fined FIVE HUNDRED DOLLARS ($500.00) plus 5% Race Horse Adoption Fund surcharge for a total of FIVE HUNDRED AND TWENTY FIVE DOLLARS ($525.00) following receipt of a report from Industrial Laboratories indicating blood sample #E229341 taken from the horse "NANG NOI" winner of the FIFTH race on December 19, 2017, was confirmed positive for the presence of the Class IV foreign substance DEXAMETHASONE (11.7 +/- 3.1 pg/mL).

The horse "NANG NOI" is reinstated as the winner of the FIFTH race on December 19, 2017. The revised order of finish is as follows: 1st NANG NOI 2nd STOLEN DREAM 3rd LITTLE BARBARA ANN 4th MISS TIZZY FIT 5th LOVEYOULESS 6th JAZZ NIGHT 7th VANT 8th AMERICAN MIZ 9th COWGIRLS CAUSE 10th BIG EIGHT The horsemen's bookkeeper is directed to make the necessary changes. This revision of the order of finish does not alter the Pari-Mutuel results of the race in question. The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by January 20, 2018, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning January 21, 2017 through and inclusive of July 20, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102.19.; A.A.C. R19-2-102.39.; A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.B.C.; A.A.C. R19-2-120.B.1.; A.A.C. R19-2-120.C.1.; A.A.C. R19-2-120.C.2.; A.A.C. R19-2-120.C.3.; A.A.C. R19-2-120.C.6.; A.A.C. R19-2-120.D.1.; A.A.C. R19-2-120.D.2.; A.A.C. R19-2-120.O.1.; A.A.C. R19-2-120.O.2.; A.A.C. R19-2-121.E.2.; A.A.C. R19-2-121.E.3.; A.A.C. R19-2-121.E.6.

Name: JOSE LUIS MARQUEZ Ruling Date: 1/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-15 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 1/9/2018 Suspension End: 1/24/2018
Ruling Text: Trainer Jose Luis Marquez was duly notified and responded telephonically for a disciplinary hearing before the Board of Stewards on January 6, 2018. The disciplinary hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4 penalty category C drug), found in test sample NM30979. The test sample was taken from the third place finisher Queen Flash Sixes” following the 10th race on November 5, 2017, at Zia Park Racetrack in Hobbs, NM.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 110 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 Jose Luis Marquez.

Hilario Dominguez Lopez, the owner of record for horse “Queen Flash Sixes”, was duly notified and failed to appear for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this Hilario Dominguez Lopez’s FIRST Class 4C medication violation in a 365- day period . For Jose Luis Marquez’s SECOND 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 hereby assess penalty as follows:

    1. A ($1,500) one thousand and five hundred dollar fine to paid on or before February 6, 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. A 15 day suspension of all NMRC licenses starting January 9, 2018, through January 23, 2018, inclusive.
During said time of applicable suspension Jose Luis Marquez 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, trained, or under the care of Jose Luis Marquez 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: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 /15.2.6.11(A) Trainer Responsibility/ 15.2.6.11(B) Trainer Responsibility /16.47.1.10 (C) (5) TRAINER RESPONSIBILITY/ 16.47.1.10(B)(1): Absolute Insurer / 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: FREDY FUENTES Ruling Date: 1/5/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-10 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Fredy Fuentes was duly notified and appeared before the Board of Stewards on January 5, 2018, for failing to disclose criminal/arrest history on his licensing application.

The Board of Stewards hereby fine Fredy Fuentes in the amount of two hundred dollars ($200.00). The fine is to be paid on or before February 5, 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: 16.47.1.8 (L)(1)(d) GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE. Application requirements

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): 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: CRYSTAL L LAPPE Ruling Date: 1/5/2018
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 184002 Ruling Type: Reinstatement to Good Standing in State
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: HAVING COMPLETED 2018 ILLINOIS RACING BOARD LICENSING REQUIREMENTS, (APPLICATION AND FINGERPRINTS), OWNER CRYSTAL L. LAPPE IS HEREBY RESTORED TO GOOD STANDING. IRB RULE 502.40 AND .115
Name: ERIC D JAYNES Ruling Date: 1/5/2018
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 184001 Ruling Type: Reinstatement to Good Standing in State
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: HAVING SUBMITTED HIS ILLINOIS RACING BOARD APPLICATION, OWNER ERIC D. JAYNES IS HEREBY RESTORED TO GOOD STANDING. IRB RULE 502.40 A
Name: VALENTIN N MELENCIANO Ruling Date: 1/5/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18008PN Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Careless Riding. GALLOPING A HORSE NEAR THE INSIDE RAIL WHILE HORSES WERE BREEZING ON TRACK ON JANAURY 4, 2018 IN VIOLATION OF SECTION 165.216. SECTION l65.2l6 which reads in part: If a licensee shall violate a house rule approved by the Commission pertaining to smoking, fire, safety, or parking violations, the Stewards or the Commission may enter a fine only prior to the holding of a hearing upon receipt of credible evidence indicating the act. If the licensee desires to appeal a fine, he shall, on timely compliance with this chapter, be entitled to a hearing de novo. DIRECTIVE NO. 1-89 DATED 2/21/89 CHANGES $100 AMOUNT TO $250 IN RULE 165.216. YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE JANUARY 17, 2018. IF FINE IS NOT PAID, SUSPENSION BEGINS JANUARY 27, 2018. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: TRACIE C AKER Ruling Date: 1/2/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP045 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 105 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having waived that right, Trainer Tracie C. Aker (ADG #11436) is hereby fined ONE HUNDRED DOLLARS ($100.00) plus 5% Race Horse Adoption Fund surcharge for a total of ONE HUNDRED AND FIVE DOLLARS ($105.00) for disrespecting a Security Officer and failing to respond to a Security Officer's directive on December 19, 2017.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by January 12, 2018, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning January 13, 2018, through and inclusive of July 12, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106.; A.A.C. R19-2-112.; R19-2-121.E.;

Name: BRANDON ALEXANDER DUCHAINE Ruling Date: 1/2/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18006PN Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: General Ruling. UPON RECEIVING A STABLE EMPLOYEE LICENSE, THE APPRENTICE JOCKEY LICENSE #511160654 OF BRANDON DUCHAINE, IS HEREBY RESCINDED WITHOUT PREJUDICE.
Name: ROBERTO GALLARDO MONTIEL Ruling Date: 1/2/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18005PN Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: General Ruling. UPON RECEIVING A FREE EXERCISE LICENSE, THE JOCKEY LICENSE #509864791 OF ROBERTO GALLARDO MONTIEL, IS HEREBY RESCINDED WITHOUT PREJUDICE.
Name: JOSE ASCENSION LOMELI Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-238-FO Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/31/2017 Suspension End: 3/1/2018
Ruling Text: RE: 2017-SUN-238 - Ruling Final Outcome Owner and Exercise Rider, JOSE ASCENCION LOMELI, was summarily suspended on December 31, 2017, and waived his rights to a formal disciplinary hearing before the Board of Stewards on January 13, 2018. JOSE ASCENCION LOMELI tested positive for cocaine metabolites during a drug screening on December 29, 2017.

The Board of Stewards hereby issue JOSE ASCENCION LOMELI penalty of the following:

    1. Suspension of all NMRC licenses for 60 days (retroactive from the summary suspension instated on December 31, 2017) December 31, 2017 through March 1, 2018, inclusive.

Per 15.2.1.9 (C)(21)(a-b) NMAC, JOSE ASCENCION LOMELI is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC and all horses owned or under the care of by JOSE ASCENCION LOMELI are denied further entry.

Licensee is found to be in violation of and this Ruling is written in accordance with 16.47.1.17 (A)(1) TESTING PROCEDURES/16.47.1.17 (A)(2) TESTING PROCEDURES /16.47.1.16 (C)(7) Restricted Activities

16.47.1.8 (L)(1)(i)Conduct / 16.47.1.17 (A)(3) TESTING PROCEDURES /16.47.1.8 (E)AGREEMENT TO SEARCH AND SEIZURE /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 ASCENSION LOMELI Ruling Date: 12/31/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-238 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/31/2017 Suspension End: 3/1/2018
Ruling Text: Owner and Exercise Rider, JOSE ASCENCION LOMELI, is hereby summarily suspended, effective immediately, December 31, 2017, pending the outcome of his hearing on January 9, 2018, @ 9:30a.m in the offices of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Drive Sunland Park, New Mexico 88063) per 15.2.1.9 (B)(3)(b) Summary Suspension. JOSE ASCENCION LOMELI tested positive for cocaine metabolites during a drug screening on December 29, 2017.

Per 15.2.1.9 (C)(21)(a-b) NMAC, JOSE ASCENCION LOMELI is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC and all horses owned byJOSE ASCENCION LOMELI are denied further entry.

Licensee is found to be in violation of: 15.2.1.9(B)(3)(a): 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”. 16.47.1.16 (C)(7) Restricted Activities: It shall be an offense to exercise the privileges granted by a license from this commission if the licensee presently has drugs (controlled substances) or alcohol in his/her body. With regard to alcohol, the results of a test showing a reading of more than .05 percent of alcohol in the blood, urine, saliva or other bodily fluids of licensees in non-safety sensitive positions shall be the criterion for a finding of alcohol present in the body. With regard to other controlled substances, presence of the drug in any quantity measured by the testing instrument establishes the presence of the drug for purposes of this paragraph. Licensees in safety sensitive positions, jockeys, starters, assistant starters, exercise riders, pony persons, ambulance personnel, and outriders are in violation of this rule if they have any measurable level of alcohol.

This Ruling is written in accordance with 16.47.1.8 (L)(1)(i) – 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” 16.47.1.17 (A)(1) TESTING PROCEDURES At its discretion, the commission may conduct random or episodic random drug testing, as well as testing based on reasonable suspicion, in order to ensure safety on the racetrack. 16.47.1.17 (A)(2) TESTING PROCEDURES When conducted, random drug testing shall apply, equally, to all licensees who are, at the time of the random testing, exercising the privileges of their license in such ways as may affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas. 16.47.1.17 (A)(3) TESTING PROCEDURES No notice need be given as to onset or cessation of random testing. 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: ANTHONY CHAYANNE MEDINA-MOLINA Ruling Date: 12/31/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-255 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/2/2018 Suspension End:
Ruling Text: Jockey Anthony Medina is hereby suspended, effective January 2, 2017, for failing to pay the ($200) two hundred dollar fine assessed in Ruling 2017-RUI-168.

During said time of applicable suspension, Anthony Medina 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.

Licensee is found to be in violation of: 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

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): 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: THOMAS TEX BENCOMO Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-232-RES Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2017-SUN-232 - Ruling Rescinded issued in error 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.
Name: THOMAS TEX BENCOMO Ruling Date: 12/30/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-232 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Apprentice Jockey THOMAS TEX BENCOMO, having been summoned and having failed to appear or send a jockey guild’s representative for film review regarding the 5th race on December 26, 2017, at Sunland Park Racetrack, is hereby assessed a fine of one hundred dollars ($100.00). The fine is to be paid on or before January 30, 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: 15.2.1.9(B)(4)(d) Nonappearance Of A Summoned Party 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) Notice Of Hearing- Jockey 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.

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): 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: JUAN CARLOS VAZQUEZ Ruling Date: 12/31/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 17283PP Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Entering ineligible horse. OWNER/TRAINER JUAN C.VAZQUEZ d.b.a. KING STAR IS HEREBY FINED TWO HUNDRED FIFTY DOLLARS($250.00) FOR ENTERING AN INELIGIBLE HORSE "LA CAMEDOR" IN RACE #1 ON DECEMBER 30,2017, NECESSITATING A LATE SCRATCH IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.6(C) AND 165.216. 163.6(C) THE STEWARDS MAY FINE, SUSPEND OR RULE OFF A PERSON WHO, IN THEIR OPINION, HAS ACTED TO THE DETRIMENT OF RACING OR VIOLATED THE RULES. 165.216 IF A LICENSEE SHALL...ENTER AN INELIGIBLE HORSE, THE STEWARDS OR THE COMMISSION MAY ENTER A FINE ONLY PRIOR TO THE HOLDING OF A HEARING UPON RECEIPT OF CREDIBLE EVIDENCE INDICATING THE ACT...IF THE LICENSEE DESIRES TO APPEAL A FINE, HE SHALL, ON TIMELY COMPLIANCE WITH THIS CHAPTER, BE ENTITLED TO A HEARING DE NOVO... FINE IS DUE BY JANUARY 15,2018 IF FINE IS NOT PAID, SUSPENSION BEGINS JANUARY 16.2018 FINES ARE PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA. HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS...AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.381. APPEALS MUST BE PERFECED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: BRUCE M KRAVETS Ruling Date: 1/5/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18009PN Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Late or failure to have horses in paddock. FAILURE TO RUN AN ENTERED HORSE SHENANDOAHLOVE RVF (MEDICATED BY MISTAKE), NECESSITATING A LATE SCRATCH OF THE HORSE FROM THE 4TH RACE, DECEMBER 29, 2017. YOU ARE HEREBY FINED THE SUM OF THREE HUNDRED DOLLARS ($300.00). FINE DUE JANUARY 17, 2018. IF FINE IS NOT PAID, SUSPENSION BEGINS JANUARY 27, 2018. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: GABRIEL K GOODWIN Ruling Date: 1/3/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18007PN Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Late or failure to have horses in paddock. FAILURE TO RUN AN ENTERED HORSE REDEMPTION QUEEN (NO SHOW), NECESSITATING A LATE SCRATCH OF THE HORSE FROM THE 1ST RACE, DECEMBER 29, 2017 IN VIOLATION OF PA. CODE, TITLE 58, SECTION 165.216. DIRECTIVE NO. 1-89 DATED 2/21/89 CHANGES $100 AMOUNT TO $250 IN RULE 165.216. YOU ARE HEREBY FINED THE SUM OF THREE HUNDRED DOLLARS ($300.00). FINE DUE JANUARY 15, 2018. IF FINE IS NOT PAID, SUSPENSION BEGINS JANUARY 25, 2018. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: JOHNNY ISIDRO MALDONADO Ruling Date: 12/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-219 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/29/2017 Suspension End: 1/13/2018
Ruling Text: Jockey, JOHNNY MALDONADO, is hereby summarily suspended, effective immediately, December 29, 2017, pending the outcome of his hearing on January 7, 2018, @10:15a.m in the offices of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Drive Sunland Park, New Mexico 88063) per 15.2.1.9 (B)(3)(b) Summary Suspension. JOHNNY MALDONADO tested positive for marijuana metabolites during a drug screening on December 19, 2017.

Per 15.2.1.9 (C)(21)(a-b) NMAC, JOHNNY MALDONADO is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC.

Licensee is found to be in violation of: 15.2.1.9(B)(3)(a): 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”. 16.47.1.16 (C)(7) Restricted Activities: It shall be an offense to exercise the privileges granted by a license from this commission if the licensee presently has drugs (controlled substances) or alcohol in his/her body. With regard to alcohol, the results of a test showing a reading of more than .05 percent of alcohol in the blood, urine, saliva or other bodily fluids of licensees in non-safety sensitive positions shall be the criterion for a finding of alcohol present in the body. With regard to other controlled substances, presence of the drug in any quantity measured by the testing instrument establishes the presence of the drug for purposes of this paragraph. Licensees in safety sensitive positions, jockeys, starters, assistant starters, exercise riders, pony persons, ambulance personnel, and outriders are in violation of this rule if they have any measurable level of alcohol.

This Ruling is written in accordance with 16.47.1.8 (L)(1)(i) – 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” 16.47.1.17 (A)(1) TESTING PROCEDURES At its discretion, the commission may conduct random or episodic random drug testing, as well as testing based on reasonable suspicion, in order to ensure safety on the racetrack. 16.47.1.17 (A)(2) TESTING PROCEDURES When conducted, random drug testing shall apply, equally, to all licensees who are, at the time of the random testing, exercising the privileges of their license in such ways as may affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas. 16.47.1.17 (A)(3) TESTING PROCEDURES No notice need be given as to onset or cessation of random testing. 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: JOHNNY ISIDRO MALDONADO Ruling Date: 1/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-219-FO Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/29/2017 Suspension End: 1/13/2018
Ruling Text: RE: 2017-SUN-219 - Ruling Final Outcome Jockey, JOHNNY MALDONADO, was summarily suspended on December 31, 2017, and waived his rights to a formal disciplinary hearing before the Board of Stewards on January 13, 2018. JOHNNY MALDONADO tested positive for marijuana metabolites during a drug screening on December 19, 2017.

The Board of Stewards hereby lift the summary suspension instated on December 31, 2017, and rescind the Jockey’s license issued to JOHNNY MALDONADO, as he is no longer working in that capacity. Furthermore, JOHNNY MALDONADO must pass a drug test prior to any further licensing.

Licensee is found to be in violation of: 16.47.1.17 (A)(1) TESTING PROCEDURES/16.47.1.17 (A)(2) TESTING PROCEDURES /16.47.1.16 (C)(7) Restricted Activities 16.47.1.8 (M)(2)Duration Of License Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such a license.

This Ruling is written in accordance with 16.47.1.8 (L)(1)(i)Conduct / 16.47.1.17 (A)(3) TESTING PROCEDURES /16.47.1.8 (E)AGREEMENT TO SEARCH AND SEIZURE /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: MERTKAN KANTARMACI Ruling Date: 1/5/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18010PN Ruling Type: Failure to Report or Appear
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Failure or late to lasix security barn. SHIPPERS ARE REQUIRED TO ARRIVE THIRTY (30) MINUTES PRIOR TO TREATMENT DEADLINE. YOU WERE LATE ARRIVING WITH THE HORSE GETUP STAYUP FOR THE 2ND RACE ON DECEMBER 29, 2017, IN VIOLATION OF PA.CODE, TITLE 58, SECTION 163.305(H) AND (K). SECTION 163.305(H): Once a horse is placed on the bleeder list it shall be presented to the pre-race security stall between 4 l/2 and 5 l/2 hours prior to the post time of the race in which the horse is scheduled to start. Once placed in the security area, a horse shall remain in there until it is taken to the paddock to be saddled for the race. The bleeder medication shall be administered no less than 4 hours prior to post time of the race in which the horse is scheduled to run. SECTION 163.305(K): While in the security area, the horse shall be in the care, custody and control of the trainer or a licensed person assigned by him. The trainer shall be responsible for the condition, care and handling of the horse while it remains in the security area. YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE JANUARY 17, 2018. IF FINE IS NOT PAID, SUSPENSION BEGINS JANUARY 27, 2018. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: RYAN PATRICK THROWER Ruling Date: 1/4/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Unknown
Ruling Number: 18011C Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/4/2018 Suspension End:
Ruling Text: Violation of Conditional Agreement. Ryan Thrower's arrest in December, 2017, is in direct violation of the Conditional License Agreement which he entered into on 12/16/2015. Therefore, The State Horse Racing Commission (Commission) hereby suspends all Commission licenses held by Mr. Thrower until a final disposition by a Court of Law is rendered. Upon reviewing the Court disposition, the Commission will determine the future status of Mr. Thrower's licenses. During his suspension, Mr. Thrower is denied access to all grounds under the jurisdiction of the State Horse Racing Commission.
Name: Erick N Rivera Ruling Date: 12/27/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP053 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2625 Fine Paid: N
Suspension Start: 12/6/2017 Suspension End: 6/4/2018
Ruling Text: Groom Erick Nelson Rivera-Parrilla (ADG #17575) was summarily suspended December 6, 2017 and denied access to all grounds under the jurisdiction of the Arizona Department of Gaming pending a hearing on December 18, 2017 before the Board of Stewards for conduct detrimental to the best interest of racing, and the safety, welfare, economy, health and peace of the people of the stale as well.

Having been properly noticed of a hearing and having appeared on December 18, 2017, Erick Nelson Rivera-Parrilla was questioned about a security incident October 30, 2017. Steward Magdaleno Perez read the security incident report into the record. The report detailed that Mr. Rivera-Parrilla stated to Security that he was hearing voices in his head and wanted an ambulance to take him to the hospital for treatment. ComTrans transported Mr. Rivera-Parrilla for evaluation.

When Mr. Rivera-Parrilla was asked if he had threatened to kill anyone, he replied "yes, one time". Mr. Rivera-Parrilla stated that he was now clean (drug free). When asked to provide proof, he said he could it get from the doctor. The hearing was recessed until December 27, 2017 in order for Mr. Rivera-Parrilla to provide medical documentation and toxicology results. Mr. Rivera-Parrilla failed to appear at the continued hearing. No medical documentation or toxicology results have been provided.

Having failed to appear at the continued hearing on December 27, 2017, the Board of Stewards has determined Groom Erick Nelson Rivera-Parrilla (ADG # 17575) is hereby suspended one hundred and eighty CALENDAR DAYS, retroactive to the date of the summary suspension December 6, 2017 through June 4, 2018, inclusive, and fined TWO THOUSAND AND FIVE HUNDRED DOLLARS ($2,500) plus 5% Race Horse Adoption Fund surcharge for a total of TWO THOUSAND SIX HUNDRED AND TWENTY FIVE DOLLARS ($2,625) for conduct detrimental to the best interest of racing, and the safety, welfare, economy, health and peace of the people of the state as well (erratic behavior, and death threats to racing employees).

To be reinstated Mr. Parrilla-Rivera must provide proof that he is drug free (not under the influence of a prohibited substance) and this case is referred to the Director for possible fm1her action.

The fine set forth above must be satisfied within ten days from the date of this order, (January I 0, 2018). If it is not paid by January 20, 2018, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning January 21, 2017 through and inclusive of July 20, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements are satisfied.

During the term of this suspension, Erick Nelson Rivera-Parrilla is denied access to all grounds under the jurisdiction of the Arizona Department of Gaming (Racing Division).

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102(76), R19-2-106(C), R19-2-112(12), R\9-2-112(13), Rl9 -2-121(E), R19 -2-123(A)(3); A.R.S. §§ 5-104(A), (B) & (C), and 5-108(A)( I).

Name: ALDO A ARBOLEDA Ruling Date: 12/24/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-214 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Aldo Arboleda, having been summoned and having appeared before the Board of Stewards on December 24, 2017, for failure to make sufficient effort to control his mount “K G’S PRO”, in the 1st race on December 23, 2017, at Sunland Park Racetrack.

The Board of Stewards hereby fines Aldo Arboleda, a fine in the amount of two hundred dollars, ($200.00). This fine is to be paid on or before January 24, 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 in violation of: 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.”

This ruling is written in accordance with: 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: JUAN DE DIOS TORRES Ruling Date: 12/23/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-211 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 7/6/2018 Suspension End: 9/4/2018
Ruling Text: Owner/Trainer, Juan D. Torres, having been duly notified and having appeared before the Board of Stewards on December 23, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the class 3 penalty B drug “clenbuterol” detected in the urine of horse “A Royal Debt”(Test Sample #: NM10041), who finished 2nd place in the 3rd race on December 14, 2014, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the urine of the split sample sent to the Louisiana State University on March 9, 2015.

For Trainer/Owner Juan D. Torres’s FIRST 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 60 day suspension of all NMRC licenses running consecutively from ruling 2017-ZIA-76, July 6, 2018, through September 3, 2018, inclusive.
    2. A ($1,000) one thousand dollar fine to paid on or before January 23, 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. The horse “A Royal Debt” is hereby disqualified from SECOND PLACE and ordered unplaced from the 3rd race on December 14, 2014, at Sunland Park Racetrack in Sunland Park, NM, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Seacrest Out
                2. Devonas Secret RF
                3. First Call Corona
                4. Corona Jess Lika
                5. Sunny Situation
                6. Royal Gent
                7. Padrisimo
                8. Rare Waves
                9. The Real Rabbit
Unplaced “A Royal Debt

During said time of applicable suspension, Juan D. Torres 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.

Licensee is found in violation of: 15.2.6.9(D)(1-2-3) NMAC and 15.2.6.9 (P) NMAC This ruling is written in accordance with15.2.6.9 (C) (2) (b) NMAC Penalty recommendations/ 15.2.6.11(A) NMAC/ 16.47.1.10(B)(1) NMAC/ 15.2.1.9(B)(9)(b)NMAC Appeal Filing Deadline

Name: RUBEN SILVERA Ruling Date: 1/6/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 18002PP Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/3/2018 Suspension End: 1/7/2018
Ruling Text: Careless Riding. JOCKEY RUBEN SILVERA IS HEREBY SUSPENDED FIVE (5) CALENDAR DAYS JANUARY 3,2018 THROUGH JANUARY 7,2018 INCLUSIVE, FOR ALLOWING HIS MOUNT "COURTMEWITH CARATS " TO BEAR OUT THROUGH THE STRETCH CAUSING INTERFERENCE AND INTIMIDATION IN RACE #3 ON DECEMBER 23,2017 RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM 1ST TO 2ND IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.234, 163.235 AND 163.471(A). 163.234 CROSSING AND WEAVING. DURING THE RUNNING OF A RACE, WHEN CLEAR, A HORSE MAY BE TAKEN TO ANOTHER PART OF THE COURSE BUT A HORSE MAY NOT CROSS OR WEAVE IN FRONT OF OTHER HORSES IN SUCH A WAY THAT WOULD IMPEDE THEM OR CONSTITUTE OR CAUSE INTERFERENCE OR INTIMIDATION. 163.235 JOSTLING. A HORSE OR JOCKEY MAY NOT WILLFULLY JOSTLE ANOTHER HORSE. 163.471(A) WHENEVER THE COMMISSION, STEWARDS, STARTER OR AN AUTHORIZED OFFICIAL ACTING UNDER THIS CHAPTER, FINDS A PERSON OR LICENSEE GUILTY OF AN ACT OR OMISSION IN VIOLATION OF EITHER THE LETTER OR SPIRIT OF THIS CHAPTER
Name: MARY ANN R FARLEY Ruling Date: 1/2/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18004PN Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Smoking in the shed row, tack room. SMOKING IN THE SHED ROW, DECEMBER 22, 2017 IN VIOLATION OF PA. CODE, TITLE 58, SECTION 165.85. Rule 165.85 reads in part: ....No smoking or carrying a lighted cigar, cigarette, or pipe shall be permitted under the shed. YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE JANUARY 13, 2018. IF FINE IS NOT PAID, SUSPENSION BEGINS JANUARY 23, 2018. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: MIGUEL A LOPEZ Ruling Date: 1/2/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18002PN Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Smoking in the shed row, tack room. SMOKING IN THE SHED ROW, DECEMBER 22, 2017 IN VIOLATION OF PA. CODE, TITLE 58, SECTION 165.85. Rule 165.85 reads in part: ....No smoking or carrying a lighted cigar, cigarette, or pipe shall be permitted under the the shed. YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE JANUARY 13, 2018. IF FINE IS NOT PAID, SUSPENSION BEGINS JANUARY 23, 2018. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: ANDREW KYLE WOLFSONT Ruling Date: 1/2/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18001PN Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/30/2017 Suspension End: 1/4/2018
Ruling Text: Careless Riding. JOCKEY ANDREW WOLFSONT IS HEREBY SUSPENDED FIVE (5) CALENDAR DAYS COMMENCING DECEMBER 30, 2017 AND JANUARY 1, 2018 THROUGH AND INCLUDING JANUARY 4, 2018 FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE; ALLOWING HIS MOUNT #4 PAT AND RON TO CAUSE AN INTERFERENCE TO #5 SIR BRAHMS HAVING CAME OUT INTO #5 SIR BRAHMS NEAR 1/2 POLE RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM 3RD POSITION TO 4TH IN THE 1ST RACE, DECEMBER 22, 2017, IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.234, 163.235 AND 163.471(A). PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214. JOCKEY ANDREW WOLFSONT IS ALLOWED ON THE GROUNDS DURING THIS RIDING SUSPENSION.
Name: NICK SURICK Ruling Date: 12/18/2017
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2017-FRE-71 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 12/18/2017 Suspension End: 1/2/2018
Ruling Text: Nick Surick was the programmed trainer of the horse "Stimulus Plan" which raced in the fourth race on October 21, 2017 at Freehold Raceway. Following the fourth race on October 21, 2017, the horse "Stimulus Plan" was required to submit blood and urine samples for analysis. A report from Truesdail laboratories of the samples taken from the horse "Stimulus Plan" disclosed the presence of Flunixin above the allowable limits (20ng/ML), which was confirmed by a split sample anaysis.

The horse "Stimulus Plan" finished 1st and has been disqualified. All purse monies earned by "Stimulus Plan" on October 21, 2017 must be returned to the horseman's bookkeeper and redistributed accordingly.

As a result, Mr. Surick is hereby fined the sum of five-hundred ($500.00) dollars and issued a 15 day full suspension of his New Jersey Racing Commission license which will begin on December 18, 2017 and run through January 1, 2018 inclusive. During the period of suspension, Mr. Surick is denied the privileges of all grounds under the jurisdiction of the New Jersey Racing Commission.

MMV points incurred - 1/2 point Violation of N.J.A.C. 13:71-23.6(a)(b)(c)(d) Violation of N.J.A.C. 13:71-23.7(a)(b)(d) Violation of N.J.A.C. 13:71-23.8(f) 1-ii(g)1

Name: OSCAR HERNANDEZ Ruling Date: 12/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-200 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Oscar Hernandez having been duly notified and having appeared before the Board of Stewards on December 16, 2017, for his excessive use of the whip on his mount “SOUTHERN TEMPTATION” during the running of the 8th race on December 15, 2017, at Sunland Park Racetrack.

The Board of Stewards assess Oscar Hernandez a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before January 16, 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: 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)Jockeys Notice of Hearing 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: JOSEPH THOMAS MARTIN Ruling Date: 12/12/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-51 Ruling Type: Unknown
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. J. Martin is hereby fined the sum of one hundred ($100.00) dollars.

Mr. Martin did engage in conversation during the post parade prior to the 8th race on Friday, December 1, 2017.

Violation of NJAC Rule 13:71-6.22

Name: ERIC LAWRENCE ABBATIELLO Ruling Date: 12/12/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-52 Ruling Type: Unknown
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Abbatiello is hereby fined the sum of one hundred ($100.00) dollars.

Mr. Abbatiello did engage in conversation during the post parade prior to the 8th race on Friday, December 1, 2017.

Violation of NJAC Rule 13:71-6.22

Name: COREY FRANKLIN CALLAHAN Ruling Date: 12/12/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-47 Ruling Type: Unknown
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Callahan is hereby fined the sum of one hundred ($100.00) dollars.

Mr. Callahan did engage in conversation during the post parade prior to the 2nd race on Saturday, November 25, 2017.

Violation of NJAC Rule 13:71-6.22

Name: COREY FRANKLIN CALLAHAN Ruling Date: 12/12/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-48 Ruling Type: Unknown
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Callahan is hereby fined the sum of two hundred ($200.00) dollars.

Mr. Callahan did engage in conversation during the post parade prior to the 12th race on Saturday, November 25, 2017.

Violation of NJAC Rule 13:71-6.22

*Repetitive Offense*

Name: ANDREW JOHN MCCARTHY Ruling Date: 12/12/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-49 Ruling Type: Unknown
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. McCarthy is hereby fined the sum of one hundred ($100.00) dollars.

Mr. McCarthy did engage in conversation during the post parade prior to the 12th race on Saturday, November 25, 2017.

Violation of NJAC Rule 13:71-6.22

Name: ALBERT SERRANO FRANCO Ruling Date: 12/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-235-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2017-ZIA-235 - Modified Ruling15.2.3.8(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. Corrected the date of the race from July 2, 2017, to July 7, 2017

Trainer Albert Franco, having been duly notified and responded telephonically before the Board of Stewards on December 11, 2017, regarding an 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 NM28006, taken from the second place finisher Heza Streakin Legacy” following the 10th race on July 7, 2017, at Ruidoso Downs in Ruidoso, NM.

The original lab report indicated a finding of Dexamethasone at 96 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 Albert Franco.

Martin Ybarra, the owner of record for horse “Heza Streakin Legacy”, was duly notified and failed to appear for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this Martin Ybarra’s FIRST Class 4C medication violation in a 365- day period .

For Albert Franco’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 assessed a penalty as follows:

    1. A ($1,000) one thousand dollar fine to paid on or before January 11, 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.

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 /15.2.6.11(A) Trainer Responsibility/ 15.2.6.11(B) Trainer Responsibility /16.47.1.10 (C) (5) TRAINER RESPONSIBILITY: 16.47.1.10(B)(1): Absolute Insurer / 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: ALBERT SERRANO FRANCO Ruling Date: 12/11/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-235 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Albert Franco, having been duly notified and responded telephonically before the Board of Stewards on December 11, 2017, regarding an 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 NM28006, taken from the second place finisher Heza Streakin Legacy” following the 10th race on July 2, 2017, at Ruidoso Downs in Ruidoso, NM.

The original lab report indicated a finding of Dexamethasone at 96 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 Albert Franco.

Martin Ybarra, the owner of record for horse “Heza Streakin Legacy”, was duly notified and failed to appear for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this Martin Ybarra’s FIRST Class 4C medication violation in a 365- day period .

For Albert Franco’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 assessed a penalty as follows:

    1. A ($1,000) one thousand dollar fine to paid on or before January 11, 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.

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 /15.2.6.11(A) Trainer Responsibility/ 15.2.6.11(B) Trainer Responsibility /16.47.1.10 (C) (5) TRAINER RESPONSIBILITY: 16.47.1.10(B)(1): Absolute Insurer / 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: MARTIN M ORONA Ruling Date: 12/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-225 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 3/17/2018 Suspension End: 4/1/2018
Ruling Text: Trainer Martin Orona Jr. 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 December 4, 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 NM30969, taken from the winner REGARDSTOBRIMMINGTON” following the 6th race on November 5, 2017, at Zia Park Racetrack in Hobbs, NM.

The original lab report indicated a finding of Dexamethasone at 180 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 Martin Orona Jr.

Javier Beltran, the owner of record for horse “REGARDSTOBRIMMINGTON”, was duly notified and failed to appear for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Javier Beltran’s FIRST Class 4C medication violation in a 365- day period .

For Martin Orona Jr.’s SECOND 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 assessed a penalty as follows:

    1. A ($1,500) one thousand and five hundred dollar fine to paid on or before January 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. A 15 day suspension of all NMRC licenses, running consecutively from ruling 2014-SUN-448, March 17, 2018, through March 31, 2018, inclusive.

During said time of applicable suspension Martin Orona Jr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or 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).

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 /15.2.6.11(A) Trainer Responsibility/ 15.2.6.11(B) Trainer Responsibility /16.47.1.10 (C) (5) TRAINER RESPONSIBILITY: 16.47.1.10(B)(1): Absolute Insurer / 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: EBERD A ESTRADA Ruling Date: 1/1/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 18001PP Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Drug Positive. On the report of the Pennsylvania Equine Toxicology and Research Laboratory, the Official Chemist for the Pennsylvania State Horse Racing Commission, that the Plasma of the horse “BOILERMAKER” (Sample #313907-F), which finished first (1st) in race #5 on December 5,2017 was positive for ORPHENADRINE. “BOILERMAKER” is disqualified for all purposes except wagering and the purse is redistributed as follows: 1st. General Bellamy 2nd. Golden Rivet 3rd. Salem Loop 4th. One Sided 5th. Goodbyeseeulater The purse money for “BOILERMAKER” is forfeited. This is in accordance with Pennsylvania State Horse Racing Commission Section 163.303(A)(B)(C) which reads as follows: 163.303(A) A HORSE PARTICIPATING IN A RACE MAY NOT CARRY IN ITS BODY A SUBSTANCE EXCEPT AS PROVIDED IN 163.304 (RELATING TO SUBSTANCES OF THERAPEUTIC VALUE). 163.303(B) A FINDING BY THE CHEMIST THAT A FOREIGN SUBSTANCE IS PRESENT IN THE TEST SAMPLE SHALL BE PRIMA FACIE EVIDENCE THAT THE FOREIGN SUBSTANCE WAS ADMINISTERED AND CARRIED IN THE BODY OF THE HORSE WHILE PARTICIPATING IN A RACE. THIS FINDING SHALL ALSO BE TAKEN AS PRIMA FACIE EVIDENCE THAT THE TRAINER AND HIS AGENTS RESPONSIBLE FOR THE CARE OR CUSTODY OF THE HORSE HAS BEEN NEGLIGENT IN THE HANDLING OR CARE OF THE HORSE. 163.303(C) A FINDING BY THE CHEMIST OF A FOREIGN SUBSTANCE OR AN APPROVED SUBSTANCE USED IN VIOLATION OF THIS SECTION AND 163.301, 163.302 AND 163.304--163.308 IN A TEST SAMPLE OF A HORSE PARTICIPATING IN A RACE MAY RESULT IN THE HORSE BEING DISQUALIFIED FROM PURSE MONEY OR OTHER AWARDS EXCEPT FOR PURPOSES OF PARI-MUTUEL WAGERING, WHICH SHALL BE IN NO WAY AFFECTED. The Stewards, Investigators of the PSHRC, and the TRPB are continuing their investigation into this matter. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA. HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS…AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: GREG ALLEN GREEN Ruling Date: 12/4/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-214 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 12/15/2017 Suspension End: 12/30/2017
Ruling Text: Trainer, Greg Green, having been duly notified and having appeared before the Board of Stewards, on December 4, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMRC). The report confirmed an overage for the therapeutic (class 4 penalty C) drug Methylprednisolone found in sample # NM30932 taken from the horse “Miz Graycee”, who finished 2nd place in the 8th race on October 31, 2017, at Zia Park Racetrack in Hobbs, Nm.

The original lab report indicated a finding of Methylprednisolone at 264 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 Greg Green.

Ruis Racing LLC (Alvin M. Ruis), the owner of record for horse “Miz Graycee”, was duly notified and failed to appear for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Alvin M. Ruis’s FIRST Class 4 Category C medication violation in a 365-day period.

For Greg Green’s Second Class 4 Category C medication violation in a 365-day period, 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, the Board of Steward assess a penalty of :

    1. A fine in the amount of one thousand and five hundred dollars ($ 1,500.00). This fine is to paid on or before January 5, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay this fine within the time prescribed may result in an immediate suspension.
    2. A 15 day suspension starting December 15, 2017, through December 29, 2017, inclusive.

During said time of applicable suspension, Greg Green 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) Exclusion. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care Greg Green 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 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 5 Threshold limit for Methylprednisolone- 100 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 /15.2.6.11(A): Trainer Responsibility 15.2.6.11(B) Trainer Responsibility /16.47.1.10 (C) (5) TRAINER RESPONSIBILITY/16.47.1.10(B)(1): Absolute Insurer /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: MICHAEL MEGARIZ Ruling Date: 11/18/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-173 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 11/28/2017 Suspension End: 12/28/2017
Ruling Text: Trainer, Michael Megariz III, having been duly notified and having appeared before the Board of Stewards on November 18, 2017, regarding an affidavit 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 “Azoom Policy”(Test Sample #: NM27687), who finished 2nd place in the 2nd race on September 24, 2017, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Michael Megariz III.

Pedro Carrillo, the owner of record for horse “Azoom Policy”, was duly notified and appeared for this hearing. This is Pedro Carrillo’s FIFTH Class 3B medication violation in a lifetime.

For Michael Megariz III’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 November 28, 2017, through December 27, 2017, inclusive.
    2. A ($750) seven hundred and fifty dollar fine to paid on or before December 19, 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 Michael Megariz III 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 Michael Megariz III 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 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 sample16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B(2) Penalty recommendations This ruling is written in accordance with 15.2.6.11(A) NMAC Trainer Responsibility/ 16.47.1.10(B)(1) NMAC/ Absolute 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: MARCUS DREW MILLER Ruling Date: 11/16/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-35 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Marcus Miller failed to fulfill his driving obligations, resulting in a late driver changes, when programmed to drive:

Race 3 #6 "COUSIN BEA" Race 4 #5 "HEAVENLY BRIDE" Race 6 #6 "KING'S CAVALIER"

Mr. Miller's actions are in violation of N.J.A.C. Rule 13:71-7.29(a)2 as a result, he is fined one hundred ($100.00) dollars per late change or a total of three hundred ($300.00) dollars.

Name: DOUGLAS R. McNAIR Ruling Date: 11/16/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-33 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. McNair is hereby fined the sum of three hundred ($300.00) dollars.

While driving #4 DR J HANOVER in the 11th race on Saturday, July 8, 2017, Mr. McNair did drive in a careless manner, allowing his horse to drift out, changing course in the stretch, causing #9 CHECK SIX to hook his wheel which resulted in multiple interferences among the trailing horses.

#4 DR J HANOVER finished 7th, disqualified and placed 10th.

Violation of N.J.A.C. Rule 13:71-20.6(a) 1,2,4,5,8,9,10

Name: ALBERT MEDRANO Ruling Date: 11/13/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-161 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Albert Medrano having been summoned and having appeared before the Board of Stewards on November 12, 2017, for failure to make sufficient effort to control his mount “TRUST ME NOT” in the 6TH race on November 11, 2017, at Zia Park Racetrack.

The Board of Stewards hereby assesses, Albert Medrano, a fine in the amount of two hundred dollars, ($200.00). This fine is to be paid on or before December 13, 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.

Licensee is found in violation of: 15.2.5.13(E)(3)(d) NMAC: Post to Finish 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.

This ruling is written in accordance with: 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 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: MARCUS DREW MILLER Ruling Date: 11/13/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-41 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. Marcus 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 "YO APOLLO CREED" in the 11th race on Friday, September 15, 2017.

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

Name: TAVIA JO DAVIS Ruling Date: 1/2/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18003PN Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Falsification of Application. TRACK EMPLOYEE TAVIA JO DAVIS IS HEREBY FINED FIFTY DOLLARS ($50.00) FOR HAVING A FALSIFIED APPLICATION (ARREST RECORD). FINE DUE JANUARY 13, 2018. IF FINE IS NOT PAID, SUSPENSION BEGINS JANUARY 23, 2018. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: JAMES E NICHOLSON Ruling Date: 12/31/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 17285PP Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Returned check for insufficient funds. OWNER/TRAINER JAMES E. NICHOLSON,JR. IS HEREBY FINED ONE HUNDRED DOLLARS ($100.00) FOR ISSUING WORTHLESS CHECK #118 DATED OCTOBER 21,2017 TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION IN VOLATION OF PA. CODE, TITLE 58, SECTION 163.12. 163.12 ISSUANCE OR PASSING OF BAD CHECKS. A PERSON MAY NOT ISSUE A CHECK IN PAYMENT FOR A LICENSE FEE, FINE, NOMINATION OR ENTRY FEE, OR OTHER FEES, OR FOR SERVICES OR SUPPLIES WHEN THE PERSON KNOWS OR SHOULD REASONABLY KNOW THAT THE CHECK WILL BE REFUSED FOR PAYMENT BY THE BANK UPON WHICH IT IS WRITTEN, OR THAT THE ACCOUNT UPON WHICH IT IS WRITTEN DOES NOT CONTAIN SUFFICIENT FUNDS FOR PAYMENT OF THE CHECK, OR THAT THE CHECK IS WRITTEN ON A CLOSED ACCOUNT OR A NONEXISTENT ACCOUNT. FINE IS DUE BY JANUARY 15,2018 IF FINE IS NOT PAID, SUSPENSION BEGINS JANUARY 16.2018 FINES ARE PAYABLE TO THE PENNSYLVANIS STATE HORSE RACING COMMISSION PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA. HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS...AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE SECTION 165.214.
Name: ALVARO MARTINEZ Ruling Date: 11/21/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-83-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: 2017-ZIA-83 - Modified Ruling 1. Lajaky Jr 2. Jesses Buzz 3. You Tellem Sixy 4. Just Send Roses 5. Perfect First Moon 6. Hot Sreak 7. Sheza Hot Ruler 8. Jess Pk 9. A Secret Ii Remember Dashin Blu J- unplaced
Name: ALVARO MARTINEZ Ruling Date: 10/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-83 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 Alvaro Martinez Jr., Juan Acosta Ceballos, and Hector Pando having been duly notified, failing 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 October 15, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Gabapentin” detected in the urine of horse “Dashing Blu J”(Test Sample #: NM26560), who finished FIRST place in the 3RD race on August 13, 2017, at The Downs of Albuquerque in Albuquerque, NM. Gabapentin was confirmed in the split sample sent to Industrial Laborites on September 26, 2017.

Andres Gonzalez, the trainer of record for horse “Dashing Blu J”, was duly notified and appeared for this hearing. This is his SECOND Class 3B medication violation in a lifetime.

For Alvaro Martinez Jr., Juan Acosta Ceballos, and Hector Pando’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. The horse “Dashing Blu J” must pass a commission approved veterinary examination with a negative blood and urine test prior to entry.
    2. The horse “Dashing Blu J” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3RD race on August 13, 2017, at The Downs of Albuquerque for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Lajaky Jr.
                2. Jesses Buzz
                3. You Tellem Sixy
                4. A Secret Li Remember
                5. Jess Send Roses
                6. Perfect First Moon
                7. Hott Streak
                8. Sheza Hot Ruler
                9. Jess PK
Unplaced “Dashing Blu JLicensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence/Uniform Classification Guidelines for Foreign Substances Page #5/16.47.1.8 (U)(1) PROTECTION OF HORSES/15.2.6.9 (B)(2) Penalty recommendations This ruling is written in accordance with CLASS 3 UNIFORM CLASSIFICATION GUIDELINES AND CLASSIFICATION DEFFINITIONS PAGE IV./15.2.6.11(A) NMAC: 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: JUAN DE DIOS TORRES Ruling Date: 10/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-76 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3500 Fine Paid: N
Suspension Start: 1/7/2018 Suspension End: 7/5/2018
Ruling Text: Owner/Trainer Juan D. Torres having been duly notified and having appeared before the Board of Stewards on October 9, 2017, regarding an affidavit 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 “The Three J’s”(Test Sample #: NM26850), who finished 1st place in the 4th race on April 29, 2017, at Sun Ray Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Juan D. Torres.

For Juan D. Torres’s THIRD Class 3B medication violation as a trainer and SECOND Class 3B medication violation as an owner , 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 consecutively from ruling 2017-ZIA-71, January 7, 2018, through July 5, 2018, inclusive.
    2. A ($3,500) three thousand and five dollar fine to paid on or before November 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.
    3. 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 “The Three J’s” is placed on the Stewards list for a period of 60 days (beginning May 11, 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.
    4. The horse “The Three J’s” is hereby disqualified from FIRST PLACE and ordered unplaced from the 4th race on April 29, 2017, at Sun Ray Park for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Shesgoodone
                2. David Brue
                3. Catchatigerbythetail
                4. Bet The Sixes
                5. Any Where Jesse Chic
                6. Sensual Queen
                7. Kicken Durt
                8. Miss Jj
                9. Takeoff Scoopie
Unplaced “The Three J’sDuring said time of applicable suspension Juan D. Torres 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, trained, or under the care of Juan D. Torres 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 /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: ANDRES S GONZALEZ Ruling Date: 10/15/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-74 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 10/26/2017 Suspension End: 1/24/2018
Ruling Text: Trainer Andres Gonzalez having been duly notified and having appeared before the Board of Stewards on October 15, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Gabapentin” detected in the urine of horse “Dashing Blu J”(Test Sample #: NM26560), who finished FIRST place in the 3RD race on August 13, 2017, at The Downs of Albuquerque in Albuquerque, NM. Gabapentin was confirmed in the split sample sent to Industrial Laborites on September 26, 2017.

Alvaro Martinez Jr., Juan Acosta Ceballos, and Hector Pando , the owners of record for horse “Dashing Blu J”, were duly notified and failed to appear for this hearing. This is their FIRST Class 3B medication violation in a lifetime.

For Andres Gonzalez’s SECOND 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 90 day suspension of all NMRC licenses starting October 26, 2017, through January 24, 2018, inclusive.
    2. A ($2,000) two thousand dollar fine to paid on or before November 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.

During said time of applicable suspension Andres Gonzalez’s 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, trained, or under the care of Andres Gonzalez’s 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/Uniform Classification Guidelines for Foreign Substances Page #5/16.47.1.8 (U)(1) PROTECTION OF HORSES/15.2.6.9 (B)(2) Penalty recommendations This ruling is written in accordance with CLASS 3 UNIFORM CLASSIFICATION GUIDELINES AND CLASSIFICATION DEFFINITIONS PAGE IV./15.2.6.11(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: JUAN DE DIOS TORRES Ruling Date: 10/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-71 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 10/18/2017 Suspension End: 1/6/2018
Ruling Text:

Owner/Trainer Juan Torres, having been duly notified and having appeared before the Board of Stewards on October 09, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “Sies Secrets” (test sample #NC26353) during Out Of Competition Testing on February 06, 2017, 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 Torres. The Board of Stewards hereby assess Juan Torres:

    1. A 80 day suspension of all NMRC licenses starting on, October 18, 2017, through January 06, 2018, inclusive.
    2. ($1500.00) fifthteen hundred and dollar fine to paid on or before November 18 , 2017, 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 “Seis Secrets” was placed on the Stewards list for a period of 60 days (beginning April 14, 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.

During said time of applicable suspension, Juan Torres 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 Juan Torres 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) NMAC: prima facie evidence 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 /15.2.6.9 J (1-6) OUT OF COMPETITION 15.2.6.9 (C)(2) Penalty recommendations

This ruling is written in accordance with 15.2.6.11(A)(B) NMAC: Trainer Responsibility16.47.1.10(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: JESSE LEE LEVARIO Ruling Date: 10/2/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-58 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jesse Levario, having been summoned by the Board of Stewards and having failed to appear or send a jockey guild’s representative on September 30, 2017, at Zia Park Racetrack, is hereby assessed a fine of one hundred dollars ($100.00). The fine is to be paid on or before November 2, 2017, 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: 15.2.1.9(B)(4)(d) Nonappearance Of A Summoned Party 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) Notice Of Hearing- Jockey 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.

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): 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: JESSE LEE LEVARIO Ruling Date: 10/2/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-59 Ruling Type: Failure to Report or Make Correct Weight
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey, Jesse Levario, having been summoned, 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 October 2, 2017, for failure to report his weight at the designated time (1 hour prior to post) on September 30, 2017, at Zia Park Racetrack.

The Board of Stewards hereby assesses Jesse Levario, a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before November 2, 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.

Licensee is found to be in violation of: 15.2.5.13(C)(1) Which states in pertinent part that “Jockeys shall report to the Jockey’s quarters at the time designated by the association. Jockeys shall report their engagements and any overweight to the clerk of scales. Jockeys shall not leave the Jockeys’ quarters, except to ride in scheduled races, until all of their riding engagements of the day have been fulfilled except as approved by the Stewards.”

This ruling is written in accordance with: 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys, 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: SERGIO FISCAL Ruling Date: 9/22/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-38 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 10/1/2017 Suspension End: 10/31/2017
Ruling Text: Trainer Sergio Fiscal-Gallegos having been duly notified, and appeared telephonically before the Board of Stewards Sep. 20, 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 194 pg/ml in the horse “A Spring Snow” (Test Sample #: NM27280), who finished in 1st place in the 6th race on July 2, 2017, at The Downs in Albuquerque. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Sergio Fiscal-Gallegos. 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 Sergio Fiscal-Gallegos 1st 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 30 day suspension of all NMRC licenses starting Oct. 1, 2017, through Oct 30., 2017, inclusive.
    2. A ($750.00) Seven hundred Fifty dollar fine to paid on or before Oct. 30, 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, Sergio Fiscal-Gallegos 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 Sergio Fiscal-Gallegos 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: 15.2.3.8 B (1)(3)(f)(g)(j) 16.47.1.10(B)(1) 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." 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 (T) KNOWLEDGE OF RULES

Name: MICHAEL MEGARIZ Ruling Date: 9/18/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-19 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
BEFORE THE NEW MEXICO RACING COMMISSION
STATE OF NEW MEXICO

IN THE MATTER OF RACE APPEAL BY OWNER MICHAEL MEGARIZ III APPLICANT ID NO. 16966 OF THE SUNRAY PARK BOARD OF STEWARDS DECISION APRIL 24, 2017, RACE 1, HORSE “STOLI MY PANTS”

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on a review of the Race Review Committee’s recommendation regarding a Race Appeal to the Commission; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, appellant appeared before the Race Review Committee in person; WHEREAS, the Race Review Committee made a recommendation to the Commission to deny the appeal based on the testimony and evidence presented; WHEREAS, the Commission voted in open and public session in this matter with a quorum present to adopt the recommendations of the Race Review Committee and deny the appeal; WHEREAS, the Commission finds that the Appeal should be denied and that the Official Order of Finish shall remain as issued by the Stewards.

IT IS THEREFORE ORDERED that the Appeal is denied and that the Official Order of Finish shall remain as issued by the Stewards. This Decision and Order shall be served upon Appellant in accordance with law and is effective on the date of filing. 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.

Name: OSCAR CORDOVA Ruling Date: 9/18/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-19 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Oscar Cordova, having been summoned by the Board of Stewards and having failed to appear or send a jockey guild’s representative on September 18, 2017, at Zia Park Racetrack, is hereby assessed a fine of one hundred dollars ($100.00). The fine is to be paid on or before October 18, 2017, 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: 15.2.1.9(B)(4)(d) Nonappearance Of A Summoned Party 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) Notice Of Hearing- Jockey 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.

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): 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: OSCAR CORDOVA Ruling Date: 10/21/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-19-RES Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2017-ZIA-19 - Ruling Rescinded- issued in error

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.

Name: Bernardo Villa Ruling Date: 9/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-96 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 9/16/2017 Suspension End: 3/15/2018
Ruling Text: Owner: Bernardo Villa, having been duly notified and having appeared before the Board of Stewards on Sep.16, 2017, for the falsification of federal forms (health certificate) for the horse “Westa” on Aug 11, 2017, at The Downs at Albuquerque.

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 After hearing testimony and presenting evidence the Board of Stewards issued Bernardo Villa a penalty of: A fine in the amount of two thousand and five hundred dollars ($2,500.00). The fine is to be paid on or before Oct 16, 2017, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension. A 6 month suspension of all NMRC licenses starting Sep 16, 2017, through March 15, 2018 inclusive.

This penalty has aggrivating Circumstances: Bernardo Villa falsified the health certificate by adding the horse “WESTA” that was not inspected by the veterinarian. This differed from the original form issued by the veterinarian.

During said time of applicable suspension, Bernardo Villa 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 Bernardo Villa 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):

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: ANTHONY CHAYANNE MEDINA-MOLINA Ruling Date: 9/3/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-179 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/2/2017 Suspension End: 10/7/2017
Ruling Text: Jockey Anthony Medina, having been duly notified and having appeared before the Board of Stewards on September 2, 2017, for a susmary suspesnion hearing per ruling 2017-RUI-167, shall remain suspended, pending conformation from laboratory. Per 15.2.1.9 (C)(21)(a-b) Exclusion, Anthony Medina is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC per 15.2.1.9 (C)(21) NMAC.

Licensee is found in violation of:

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”.

This ruling is written in accordance: 15.2.1.9 (B)(3)(b) NMAC. Summary Suspension 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” 15.2.1.8(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: MARK J MACDONALD Ruling Date: 8/16/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-37 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Mr. MacDonald is hereby fined the sum of three hundred ($300.00) dollars.
 
You did use the whip in an excessive, unnecessary and indiscriminate manner while driving #3 "PURE COUNTRY" in the 15th race on Saturday, August 5, 2017.
 
 
 
Violation of NJAC Rule 13:71-20.15
Name: TOBY LEE KEETON Ruling Date: 8/3/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-111 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Toby Keeton, having been duly notified and having appeared before the Board of Stewards on August 3, 2017, concerning a hearing that was continued at the request of Mr. Keeton from July 21, 2017. The hearing was in regard to Toby Keeton’s failure to comply with the New Mexico Racing Commission Investigator and Commission Authorized Veterinarian, Dr. Chastain, for out of competition testing on June 22, 2017 at Ruidoso Downs.

MIDIGATING CICUMSTANCES: No specific horse was selected for out of competition testing AGGRIVATING CIRCUMSTANCES: Mr. Keeton was disrespectful to racing officials and failed to comply with their instructions.

After considering the AGGRIVATING CIRCUMSTANCES and MIDIGATING CICUMSTANCES, the Board of Stewards hereby access Toby Keeton :

    1. A penalty of a 30 day suspension of all NMRC licenses starting August 13, 2017, through September 12, 2017, inclusive.
    2. A fine in the amount of five hundred dollars ($500.00). The fine is to be paid on or before September 3, 2017, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

During said time of applicable suspension Toby Keeton 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 Toby Keeton 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(J)(1) Out of competition testing/ 15.2.6.9(J)(4) Out of competition testing /15.2.6.9(J)(5) Out of competition testing 15.2.6.9(J)(8) Out of competition testing /15.2.6.9(J)(9) Out of competition testing 16.47.1.8(E) Consent To Search and Seizure /16.47.1.8 (L)(1)(i) – CONDUCT

This ruling is written in accordance with 16.47.1.8(L)(1)(e)(i)(3) GROUNDS FOR DISAPLINARY MEASURES FOR A LICENSEEE AND REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE/ 15.2.6.9 J (7) (a)(b) 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: TOBY LEE KEETON Ruling Date: 8/15/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-111-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2017-RUI-111 - Appeal Submitted
Name: TOBY LEE KEETON Ruling Date: 8/15/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-111-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
RE: 2017-RUI-111 - Appeal Stay Granted Pending the Appeal Process- See Attached District Court Stay.
Name: CODY LYMOIN REYNOLDS Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-98-ASD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/8/2017 Suspension End: 2/4/2018
Ruling Text: RE: 2017-RUI-98 - Appeal Stay Denied
Name: CODY LYMOIN REYNOLDS Ruling Date: 7/30/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-98 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/8/2017 Suspension End: 2/4/2018
Ruling Text: Trainer Cody Reynolds, having been duly notified and having appeared with counsel C. Barry Crutchfield and Owner Mary Cap before the Board of Stewards on July 29, 2017, concerning a hearing that was continued at the request of Mr. Crutchfield from May 29, 2017. The haring was in regard to Cody Reynolds failing to report, as instructed, to the Ruidoso Test Barn Facility on May 10, 2017, with horse “Chaddyshack” who was selected for out of competition testing.

AGGRVATING CICUMSTANCES:

    1. Cody Reynolds has an extensive history of medication violations.
    2. Cody Reynolds was properly notified in accordance with 15.2.6.9 J (1) (a)(b)OUT OF COMPETITION TESTING

After considering the aggravating circumstances, the Board of Stewards hereby access Cody Reynolds of penalty of a 180 day suspension of all NMRC licenses starting August 08, 2017, through February 4, 2018, inclusive.

During said time of applicable suspension Cody Reynolds 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 Cody Reynolds 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 J (1) (a-e)OUT OF COMPETITION TESTING/ 15.2.6.9 J (7) (a)(b) OUT OF COMPETITION TESTING/ 15.2.6.9 J (8) OUT OF COMPETITION TESTING

This ruling is written in accordance with 16.47.1.8(L)(1)(e)(i)(3) GROUNDS FOR DISAPLINARY MEASURES FOR A LICENSEEE AND REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE/ 15.2.6.9 J (7) (a)(b) 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: JORGE ARMANDO BRITO Ruling Date: 7/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-97 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 7/29/2017 Suspension End: 8/28/2017
Ruling Text: Trainer/Owner Jorge Brito having been duly notified and having responded telephonically before the Board of Stewards on July 29, 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 “Vikingfjord”(Test Sample #: NM28293), who finished 2nd place in the 3rd race on June 10, 2017, at Ruidoso Downs, in Rudioso, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Jorge Brito

Mitigating circumstances: trainer’s first medication violation. Aggravating circumstances: Clenbuterol is a prohibited drug.

After considering the mitigating and aggravating circumstances, for Jorge Brito’s FIRST Class 3B medication violation as a trainer and also an owner, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 30day suspension of all NMRC licenses starting July 29, 2017, through August 28, 2017, inclusive.
    2. A ($750) seven hundred and fifty dollar fine to paid on or before August 29, 2017, 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 15.2.3.8 (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 “Vikingfjord” is placed on the Stewards list for a period of 60 days (beginning June 16, 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.
    4. The horse “Vikingfjord” is hereby disqualified from SECOND PLACE and ordered unplaced from the 3rd race on June 10, 2017, at Ruidoso Downs, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. A Horse Called Buddy
                2. Me Like Daddy
                3. Take a Miracle
                4. Jessie K White
                5. Regards Miracle
                6. Sixie Won
                7. Jess a Getting It
                8. Blazin Blue
Unplaced “VikingfjordDuring said time of applicable suspension Jorge Brito 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 Jorge Brito. 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 sample16.47.1.8 (U)(1) PROTECTION OF HORSES /15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance with 15.2.6.11(A) NMAC: Trainer Responsibility/16.47.1.10(B)(1) NMAC: Absolute 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: MICHAEL MEGARIZ Ruling Date: 6/11/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-76 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Michael Megariz lll, having been duly notified and having waived his right to a 10 day notice and formal hearing before the Board Of Stewards on June 11, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Flunixin (class 4 penalty category C drug) found in test sample NM 26832 taken from the third place finisher “Flash of Victory” following the 2ND race, on April 28, 2017 at SunRay Park Racetrack. The original lab report indicated a finding of Flunixin at 28.9 ng/ per milliliter in the blood, which exceeds the allowable limit of 20.0 nanograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Michael Megariz lll . Licensee is found to be 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". This ruling is written in accordance with: 15.2.6.9 A. UNIFORM CLASSIFICATION GUIDELINES (4) Class 4 - This category is comprised primarily of therapeutic medications routinely used in race horses. These may influence performance, but generally have a more limited ability to do so. 15.2.6.11(A) NMAC: Trainer Responsibility 16.47.1.10(B)(1) 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." For this FIRST Class 4C medication violation issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Michael Megariz lll a penalty as follows: A ($500) FIVE hundred dollar fine to be paid on or before July 11, 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.

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."

The SunRay Park Board of Stewards

Name: CODY LYMOIN REYNOLDS Ruling Date: 5/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-64 Ruling Type: Failure to Meet Financial Obligation
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/30/2017 Suspension End:
Ruling Text: Owner/Trainer Cody Reynolds having been duly notified appeared, and had a hearing held in accordance with 15.2.1.9(B)(4)(d), before the Board of Stewards on May 26, 2017, at SunRay Park Racetrack concerning an outstanding financial obligation (court judgment) to Mundell Terminal Services in the amount of $7,108.plus 8.75% interest per year until the judgment is paid for services rendered. Licensee is found in Violation of: 16.47.1.8 (I): I. FINANCIAL RESPONSIBILITY: (1) All persons engaged in racing shall maintain financial responsibility in matters pertaining to racing and the Parental Responsibility Act. (2) Any person licensed by the commission may file a financial responsibility complaint against another licensee. Any financial responsibility complaint against a licensee shall be in writing, signed by the complainant, and accompanied by documentation of the services, supplies or fees alleged to be due in connection with his/her operations as a licensee. A judgment from a civil court, which has been issued within one year of the date of the complaint, may be honored by the stewards as long as at least the defendant is a licensee.

This ruling in written in accordance with: 16.47.1.8 L (1)(J) NMAC: Grounds For Refusal, Denial, Suspension, or Revocation of License (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”

The Board of Stewards order that any/all New Mexico Racing Commission licenses issued to Cody Reynolds be immediately suspended starting May 30, 2017 and that he be deemed ineligible for any future licensing in New Mexico until such time that full payment is made to Mundell Terminal Services in the amount of $7,108 plus 8.75% for services rendered.

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: Logan Heath Powell Ruling Date: 4/24/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-22 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Mr. Powell is hereby fined the sum of three hundred ($300.00) dollars.
 
You did use the whip in an excessive, unnecessary and indiscriminate manner while driving #5
"DETROIT RAPPER" in the 4th race on Friday, April 7, 2017.
 
 
 
Violation of NJAC Rule 13:71-20.15
Name: RAUL VELARDE VEGA Ruling Date: 2/7/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-71 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 2/16/2017 Suspension End: 4/17/2017
Ruling Text: Trainer Raul Vega having been duly notified and having appeared with translator Ricardo Bernal before the Board of Stewards on February 4, 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 “Lukes Dream”( Test Sample #: NM21935), who finished first place in the 1st race on December 16, 2016 at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laborites on January 17, 2017.

Ricardo A. Bernal, owner of record for horse “Lukes Dream”, was duly notified and appeared for this hearing. In accordance with rules 15.2.6.9 (C)(2)(b), this is Mr. Bernal’s FIRST Class 3B medication violation in a 365-day period.

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

    1. A 60 day suspension of all NMRC licenses starting February 16, 2017, through April 17, 2017, inclusive.
    2. ($1,500) one thousand and five hundred dollar fine to paid on or before March 9, 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.
    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 “Lukes Dream” is placed on the Stewards list for a period of 60 days (beginning December 30, 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.
    4. The horse “Lukes Dream” is hereby disqualified from FIRST PLACE and ordered unplaced from the 1st race on December 16, 2016 at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Mr Kates Leaving You
                2. Global Menace
                3. Kings Realm
                4. Beach Babe N Waves
                5. Adi
                6. Cali Reguard
                7. Chillie Cat
                8. My Secret Habit
Unplaced “Lukes DreamDuring 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) 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 Raul Vega are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Licensee is found 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 This ruling is written in accordance with 15.2.6.11(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/ 15.2.3.8 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 Address15.2.1.9(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 DIAZ Ruling Date: 1/27/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-46 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 Victor Diaz having been duly notified, having failed to appear, and had his hearing held in absentia 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 “Fishin For Dough”( Test Sample #: NM21786), who finished first place in the 5th race on December 4, 2016, at Zia Park Racetrack in Hobbs, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laborites on January 17, 2017. Martin Orona Jr., the trainer of record for horse “Fishin For Dough”, was duly notified and appeared for this hearing. In accordance with rules 15.2.6.9 (C)(2)(b) and 15.2.1.9(B)(4)(d), this is Mr. Orona’s FIRST Class 3B medication violation in a 365-day period. For this FIRST Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed Victor Diaz a penalty as follows.

    1. 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 “D Fishin For Dough” is placed on the Stewards list for a period of 60 days (beginning December 15, 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.
    2. The horse “Fishin For Dough” is hereby disqualified from FIRST PLACE and ordered unplaced from the 5th race on December 4, 2016, at Zia Park Racetrack in Hobbs, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Keepyourshirton
                2. Rum Chata
                3. First Mapuche
                4. Evoque
                5. One Classy Eagle
                6. Play Diamonds
                7. Duke of Fern
                8. D E Cash Balance
                9. Make It Funky
Unplaced “Fishin For DoughLicensee 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 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. 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)(k) NMAC: redistribution of prizes and awards/ 15.2.5.13(E)(4)(d) NMAC: 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/ 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: COE W PATTON Ruling Date: 9/29/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-146 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Entering Horse after Temp Lic expired
Name: COE W PATTON Ruling Date: 9/29/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-146-FO Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-146 - Ruling Final Outcome
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: N
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: HECTOR ALDRETE-BIZCARRA Ruling Date: 9/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-11-MOD Ruling Type: Possession and/or Use of an Electrical Device
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/19/2016 Suspension End: 9/24/2016
Ruling Text: RE: 2016-ZIA-11 - Modified Ruling Jockey Hector Aldrete, having appeared before the Board of Stewards with translator Carlos Estrada and Jockey Representative Patrick Valenzuela on September 19, 2016, at Zia Park, for being in procession of an electrical device during a random search by the investigator prior to the start of 4th race on September 18, 2016 at Zia Park.

For this violation, the Board of Stewards issue Hector Aldrete the following penalty: A summary suspension of any/all New Mexico Racing Commission licenses, effective September 19, 2016.

During said time of applicable suspension Hector Aldrete is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC pending the outcome of his hearing September 24, 2016, 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: HECTOR ALDRETE-BIZCARRA Ruling Date: 9/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-11 Ruling Type: Possession and/or Use of an Electrical Device
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/19/2016 Suspension End: 9/24/2016
Ruling Text:
Jockey Hector Alderte, having appeared before the Board of Stewards with translator Carlos Estrada  and Jockey Representative Patrick Valenzuela on September 19, 2016, at Zia Park, for being in procession of an electrical device during a random search by the investigator prior to the start of 4th race on September 19, 2016 at Zia Park.
 
 For this violation, the Board of Stewards issue Hector Alderte the following penalty:
A summary suspension of any/all New Mexico Racing Commission licenses, effective September 19, 2016.
 
 During said time of applicable suspension Hector Alderte is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC pending the outcome of his hearing  September 24, 2016, 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: Ross A Amestoy Ruling Date: 9/9/2016
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2016-NMS-4 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 9/26/2016 Suspension End: 10/12/2016
Ruling Text:
Trainer, Ross Amestoy, having been duly notified, and representing owner Pierr Jean Amestoy waiving their rights to a hearing before the Board of Stewards on September 6, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Stanozolol" (Winstrol V), which was found in sample NC32579, after it was collected from the horse "A Sure First" during an Out of Competition test, June 26, 2016 at the Downs at Albuquerque.
 
(The original lab report indicated a finding of Stanozolol in blood at 98pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and confirmed by, Industrial Laboratories at 129 pg/ml. With this drug, no level of detection is allowed to be found.
 
Ross Amestoy is found to be in violation of:
 
15.2.1.7 (O) (9) NMAC: Out of competition testing" test(s) that may be conducted on any horse that is on the grounds of a racetrack or training center under the jurisdiction of the commission; or under the care or control of a trainer or owner licensed by the commission; or whose papers are filed in the racing office; or has been nominated to a stakes race.
15.2.6.9 (K)(3) NMAC: The penalty for a positive test resulting from an out of competition sample will be determined by the penalty class of the drug listed in the association of racing commissioners international "uniform classification guidelines for foreign substances and recommended penalties and model rule" and incorporated by reference under 15.2.6.9 NMAC.  
 
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC:  Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse.  A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule.  The Trainer is absolutely responsible regardless of the acts of third party."
 
For this violation, the Board of Stewards assess Ross Amestoy a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 15 calendar days (September 26, 2016 through October 11, 2016, Inclusive);
(2) A fine in the amount of five hundred dollars ($500.00.);
 
This is a first offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. The fine is to be paid on or before Oct. 7, 2016  in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
During said time of applicable suspension, Ross Amestoy 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) 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 Ross Amestoy are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
 
 
                                                 BY ORDER OF THE DOWNS at ALBUQUERQUE BOARD OF STEWARDS
 
 
 
                 _____________________                                _______________________                                    _____________________        
                           steward                                                                  steward                                                                  steward
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: SERGIO G DOMINGUEZ Ruling Date: 8/5/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-74 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/6/2016 Suspension End:
Ruling Text:
 
Licensee Sergio G Dominguez having failed to pay the fine assessed in Ruling#:  2016-RUI-10 issued on June 3, 2016 at Ruidoso Downs race track is found to be in violation of Commission rules.
 
Mr. Dominguez failed to pay his fine by July 3, 2016 in the time prescribed in accordance with  
15.2.3.8 MNAC B. Stewards.
  (3) Disciplinary action
   (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered
 
For this rule violation, all licenses issued to him/her is/are suspended, and he/she will be ineligible to apply for a New Mexico Racing Commission license until the fine has been paid in full.”
Name: SIMON VILLAUUEVA CRUZ Ruling Date: 7/29/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-61 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
 
Licensee Simon V Cruz has applied for a license on July 7, 2016, for a groom licensee. The license is denied or revoked in accordance with:
 
Mr Cruz is denied a license for not disclosing his criminal record of multiple convictions and/or felony convictions.
 
Name: ALBERT SERRANO FRANCO Ruling Date: 7/1/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-68 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Albert Franco having been duly notified, represented by council Frita Howard McSwane and appeared before the Board Of Stewards on July 1, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the Class 3B drug “clenbuterol” detected in horse “Eyema Blue Wagon”, who finished first place in the 5th race, on April 15, 2016 at Sunland Park Racetrack in Sunland Park, NM, Test Sample #: NM18942 The original lab report indicated a finding of clenbuterol at 168 pg/ml in the urine and confirmed in the split sample by Industrial Laborties at 170±16 pg/ml in the urine. Owner Roy Sanchez was duly notified and failed to appear for the hearing . He is the owner of record for horse “Eyema Blue Wagon” which was the subject of the clenbuterol positive. Albert Franco is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.6.9(D) O. SUSPENSION OF AUTHORIZED MEDICATION: (1) After a public meeting that has been noticed in accordance with the Open Meetings Act, Sections 10-15-1 through 10-15-4 NMSA, 1978, the commission may, for any cause, temporarily suspend the authorized administration to a horse entered to race of any drug, substance or medication that is otherwise permitted under the commission rules (2) The temporary suspension of the authorized administration of a drug, substance or medication may be for a race, breed, or race meeting, provided all horses in the same race compete under the same conditions (3) The commission shall notify in writing the racing association, the trainer’s organization, and licensed veterinarians of any temporary suspension of authorization to administer a drug, substance or medication to a horse entered to race. The written notification shall at minimum:(a) state the authorized medication whose use is temporarily suspended,(b) the period of time for which the use of the authorized medication is temporarily suspended, and (c) whether the temporary suspension is for a specific breed or a race meeting (4) A suspension of authorization to administer a drug, substance or medication to a horse entered to race shall not exceed 12 months.15.2.1 (P) (15) "Prohibited substance" is any chemical which, when administered to a horse can create a change in the normal physiological performance of the horse's racing ability, such as narcotics, anesthetics, depressants, anti-convulsants, tranquilizers, hallucinogenics and stimulants; when administered to a horse, may interfere with testing procedures and is not a therapeutic medication. 15.2.3.8(B)(3)(k) NMAC: Which states in pertinent part that “ Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.”15.2.5.13(E)(4)(d)Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification. For this first Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Albert Franco a penalty as follows: 1. A 15 day suspension of all NMRC licenses beginning July 11, 2016 through July 26, 2016, inclusive. 2.A ($500) five hundred fine to paid on or before July 31, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension. 3.The horse “Eyema Blue Wagon” must pass a commission approved veterinary examination before being eligible to enter. 4.Loss of purse from in the 5th race, on April 15, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse Eyema Blue Wagon”, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows.1) Stella Lou 2) Shezaliknthemselfies 3) Here Comes Callan 4) Famous JB 5) Strauss 6) Just A Little Wagon 7) Incindiary UNPLACED Eyema Blue Wagon”, 6. Loss of purse from the 5th race, on April 30, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse Eyema Blue Wagon”, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows. 1) Jess Prize Me 2) Valorus 3) Imperial Eagle 4) Gamey Tee Cos 5) Willie Be Fired 6) Lord Fa 7) Mojo Perry 8) Stella Lou UNPLACED “Eyema Blue Wagon” and“Groupie James (2016-RUI-67)”. 15.2.6.9(B)(8) When the penalty assessed against a licensee for a medication or drug violation in a trial race results in a disqualification or loss of purse, or both, the licensee is subject to the same penalties for any race for which the trial race was conducted. During said time of applicable suspension Albert Franco 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 Albert Franco are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: ALBERT SERRANO FRANCO Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-68-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
RE: 2016-RUI-68 - Appeal Stay Granted Pending the Appeal Process - Please see Documents
Name: ERIC D MIKKELSON Ruling Date: 5/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-49 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:

Licensee’s New Mexico Racing Commission License # 281375 is hereby rescinded having terminated employment and no longer working in this licensed capacity.

Explanation of license situation: No longer working as a trainer and will be taking out an Assistant Trainers license.

This ruling is in accordance with: NMAC 16.47.1.8 16.47.1.8 GENERAL PROVISIONS: A. LICENSES REQUIRED: A person as defined by Subsection P, Paragraph (7) of 15.2.1.7 NMAC shall not participate in pari mutuel racing under the jurisdiction of the commission, or be employed by an association who is a gaming operator, without a valid license issued by the commission

J. LICENSE REFUSAL: The commission may refuse to issue a license and give the applicant the option of withdrawal of an application without prejudice. If an applicant is refused, the applicant may reapply for a license

Name: RENE GUEUARA Ruling Date: 1/5/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-28 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 1/15/2016 Suspension End: 10/15/2016
Ruling Text: Trainer Renee Gevara, having been duly notified, and having appeared by phone 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 NM18266, after it was collected from the horse "Heza Fast Snow" which finished first place in 3rd race on October 26, 2015 at Zia Park.

(The original lab report indicated a finding of Clenbuterol at 209 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to Renee Gevara. The split was confirmed positive by Texas A&M with a finding of 222 ± 20 pg/ml in urine).

Trainer Renee Gevara is found to be in violation of:

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

15.2.6.9 (P) NMAC: Which states in pertinent part 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, in which states in part "Clenbuterol is a prohibited substance and a will constitute a violation of NMSRC rules.

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

For this second violation, the Board of Stewards assessed Renee Gevara a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of 18 calendar days (commencing at the end of any previous suspension) (January 15, 2016 through July 13, 2016 inclusive)

(2) A fine in the amount of two thousand five hundred, dollars ($2,500.); (3) Loss of purse of the 3rd race, October 26, 2015 at the Zia Park 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, Renee Gevara 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 Renee Gevara are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

Name: RENE GUEUARA Ruling Date: 1/9/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-28-MODPEN Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 1/15/2016 Suspension End: 10/15/2016
Ruling Text: RE: 2016-SUN-28 - Modified Penalty error was correct was suspended for 180 days not 18

Trainer Renee Gevara, having been duly notified, and having appeared by phone 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 NM18266, after it was collected from the horse "Heza Fast Snow" which finished first place in 3rd race on October 26, 2015 at Zia Park.

(The original lab report indicated a finding of Clenbuterol at 209 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to Renee Gevara. The split was confirmed positive by Texas A&M with a finding of 222 ± 20 pg/ml in urine).

Trainer Renee Gevara is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race therapeutic medications in excess of established acceptable levels". 15.2.6.9 (P) NMAC: Which states in pertinent part 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, in which states in part "Clenbuterol is a prohibited substance and a will constitute a violation of NMSRC rules. 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

For this second violation, the Board of Stewards assessed Renee Gevara a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of 180 calendar days (commencing at the end of any previous suspension) (January 15, 2016 through July 13, 2016 inclusive) (2) A fine in the amount of two thousand five hundred, dollars ($2,500.); (3) Loss of purse of the 3rd race, October 26, 2015 at the Zia Park

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, Renee Gevara 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 Renee Gevara are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

Name: ERIC D MIKKELSON Ruling Date: 1/12/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-551 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Eric D. Mikkelson, having been duly notified (Waived his right to a 10 day notice of hearing), and having appeared before the Board of Stewards on January 11, 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 #NM09434, after it was collected from the horse "Dark Brook" which finished 1st in the first race, Wednesday, November 19, 2014 at Zia Park; (The original lab report indicated a finding of Methocarbamol at 3,809 nanograms per milliliter in the urine. Subsequent testing report indicated a finding of Methocarbamol with a concentration of 21.0 nanograms per milliliter in the blood. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU which confirmed a finding of 3.6 ug/ml in the urine. Mr. Mikkleson was informed of his right to confirm positive test in the blood however Mr. Mikkelson waived that right).

Trainer Eric D. Mikkelson 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 Eric D. Mikkelson, 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.
Name: VICTOR DIAZ Ruling Date: 1/17/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-443-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: 2014-SUN-443 - Modified Ruling
Owner Victor Diaz, having been duly notified, and having appeared (via Representative, Pat Bingham and Trainer Martin Orona Jr.) December 20, 2014 before the Board of Stewards regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM07231, after it was collected from the horse “Watch For Corona” which finished fourth in the fourth race (this race was a trial race with the finals running July 26, 2014) , Saturday, July 12, 2014 at Ruidoso Downs.

Victor Diaz is listed as the recorded Owner of the horse “Watch For Corona”, see other rulings relating to this case from Sunland Park, in which sanctions were made against the Trainer of record.

Having Tested Positive for Clenbuteral in the Trial Race Saturday, July 12, 2014 the horse "Watch for Corona" is hereby disqualified from 8th place and unplaced from the final race July 26, 2014 the 8th race at Ruidoso Downs.

15.2.1.9 NMAC. (3)
B. PROCEEDINGS BEFORE THE STEWARDS:
(d) If a positive test arises in a trial race, the horse is eligible for entry during the period the
split is tested and reported to for commission. If the report confirms a positive test, for horse is disqualified from
both the trial and the race for which for trial was conducted.
Name: VICTOR DIAZ Ruling Date: 12/20/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-443 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 Victor Diaz, having been duly notified, and having appeared (via Representative, Pat Bingham and Trainer Martin Orona Jr.) December 20, 2014 before the Board of Stewards regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM07231, after it was collected from the horse “Watch For Corona” which finished fourth in the fourth race, Saturday, July 12, 2014 at Ruidoso Downs;

Victor Diaz is listed as the recorded Owner of the horse “Watch For Corona”, which was the subject of related rulings, issued this date, at Sunland Park, in which sanction was made against the Trainer of record.

As such, the following applies:

15.2.6.9 (C)(2)(b) NMAC: Which states in pertinent part “Category B penalties will be assessed a licensed Owner for violations due to the presence of a drug carrying a Category B penalty: First offense within a 365 day period in any jurisdiction shall be disqualification, loss of purse, and the horse must pass a Commission-approved examination before becoming eligible to be entered”.

This is a first offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC.

For this violation, the Board of Stewards assessed Victor Diaz a penalty of loss of purse of the 4th race, fourth place, Saturday, July 12, 2014 at Ruidoso Downs and the horse must pass a commission-approved examination before being eligible to be entered. (Refer to related rulings issued this date, at Sunland Park).



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