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. >9/17/2019<

250 Total Rulings compiled at: 9/22/2019 8:04:07 AM G.M.T.

Name: ROBERTO GABRIEL VALERO Ruling Date: 9/21/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-56 Ruling Type: Failure to Meet Financial Obligation
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/21/2019 Suspension End:
Ruling Text: Robert “Bobby” Dean presented the Board of Stewards with a judgment from the Iowa District Court for Polk County, Iowa against Roberto Valero in the amount of $3400.00 plus interest at the rate of 3.78 % interest per annum from date of judgment (8-30-2019) and court costs. The Board of Stewards scheduled a hearing for Roberto Valero on September 21, 2019 in the Stewards Office on the Backside of Prairie Meadows Racetrack and Casino. Roberto Valero was to appear and show cause as to why he should not be suspended.

Jockey Roberto Valero was duly notified of his hearing and failed to respond.

Therefore, Jockey Roberto Valero is hereby suspended pending satisfaction of said judgment.

You are barred from working at any pari-mutuel racetrack or gaming facility licensed to operate in the State of Iowa, pending satisfaction of said judgment.

Name: PHILLIPPE BELANGER Ruling Date: 9/21/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-220 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Blood sample #853457 collected at the Mercer County Fair on 8/11/19 from the horse The Book Of Life was found to contain flunixin at a concentration of 3.3+-0.2 nanograms per milliliter of plasma and ketoprofen at a concentration of 1.3+-0.1 nanograms per milliliter of plasma. The presence of more than one Regulated NSAID is prohibited. O.S.R.C.-3769-18-01(B)(1)(a)  18-02  18-99
Name: RAYMOND M FARMER Ruling Date: 9/21/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-221 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Farmer made a late driver change on #2 Wanderer in race 15 on 9/7/19. O.S.R.C.-3769-15-30  15-99
Name: JACQUELYN A BOBROFF Ruling Date: 9/21/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-34 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Jacquelyn Bobroff , was summoned and appeared before the Board of Stewards on September 21, 2019. The hearing was in regard to Jacquelyn Bobroff’s misuse of whip on her mount “Right Down Streakin” during the post parade for the 5th race on September 20, 2019, at NMSF.

The Board of Stewards hereby fines Jacquelyn Bobroff in the amount of two hundred dollars ($200.00). The fine is to be paid on or before October 21, 2019, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed will result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with 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. 16.47.1.8(U)(2)PROTECTION OF HORSES No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care

16.47.1.8 (L)(1)(i) – 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 15.2.1.9(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: EDGAR S MARTINEZ Ruling Date: 9/21/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-35 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 Edgar S.Martinez was summoned and appeared before the Board of Stewards on September 21, 2019, for failure to make sufficient effort to control his mount “Osbaldos Sabrina” in the 6th race on September 20, 2019, NMSF. (drifted out thru-out) The Board of Stewards hereby assess Edgar Martinez. a fine in the amount of two hundred dollars, ($200.00). This fine is to be paid on or before October 21, 2019, 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 and this ruling is written in accordance with:

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.

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: LUIS RAMON RODRIGUEZ Ruling Date: 9/21/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-36 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Luis Ramon Rodriquez was summoned and appeared before the Board of Stewards on September 21, 2019, for failure to make sufficient effort to control his mount “Naughty Swagger”, in the 7th race on September 18, 2019, at NMSF. (Allowed his mount to bore out into the path of the 6 and putting his elbow and stick in the other jockeys face).

The Board of Stewards hereby fines, Luis Ramon Rodriquez , in the amount of three hundred dollars, ($300.00). This fine is to be paid on or before October 21, 2019, 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 and this ruling is written in accordance with:

15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(a) NMAC: Post to Finish When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede, or intimidate any other horse, it is a foul.” 15.2.5.13(E)(3)(c) NMAC: Post to Finish Which states in pertinent part that “If the Stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey.” 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: MANUEL ESTRADA DOMINGUEZ Ruling Date: 9/21/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-37 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 Manuel Estrada was summoned and appeared before the Board of Stewards on September 21, 2019, for failure to make sufficient effort to control his mount “Catch This Train” in the 8th race on September 20, 2019, NMSF. (drifted in under right hand whip causing pressure to inside horses)

The Board of Stewards hereby assess Manuel Estrada. a fine in the amount of two hundred dollars, ($200.00). This fine is to be paid on or before October 21, 2019, 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 and this ruling is written in accordance with:

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.

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: LUIS APODACA DIAZ Ruling Date: 9/20/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-29 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Luis A. Apodaca was summoned and appeared before the Board of Stewards on September 20,, 2019, for careless riding during the running of the 4th race on September 11, 2019 at New Mexico State Fair, while aboard “Cruzin Byou”, which resulted in his mount being disqualified from 2nd place to 8th place. (bore out into the path of the #4 causing him to steady and alter course.)

The Board of Stewards hereby assess Luis A Apodaca a suspension of 7 calendar days (September 23, 2019, through September 29, 2019, inclusive The term of this suspension shall not prohibit participation in designated race days.

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

15.2.5.13(E)(2)(a) Post to Finish A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(d) 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.

15.2.5.13(E)(3)(c) NMAC: Post to Finish 15.2.5.13(E)(3)(d) NMAC: Post to Finish 15.2.5.13(E)(4)(a) NMAC Disqualification./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

Name: HECTOR ALDRETE-BIZCARRA Ruling Date: 9/20/2019
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2019-ZIA-3 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/20/2019 Suspension End: 9/21/2019
Ruling Text: Jockey Hector Aldrete is hereby suspended, effective immediately September 20, 2019, for failing to pay the fine ($200) assessed in Ruling 2019-RUI-147.

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

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/

Name: STEPHANIE ANNE ESPARZA Ruling Date: 9/20/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-31 Ruling Type: Failed Trainers Test
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Stephanie Esparza failed (FIRST ATTEMPT) the written portion of the New Mexico Trainers/Assistant Trainers test on September 20, 2019. She is eligible to retake the New Mexico Trainers/Assistant Trainers test in 30 days, after October 20, 2019. This ruling is written in accordance with: 16.47.1.10(A)(3) TRAINERS Eligibility A trainer licensed and in good standing in another jurisdiction, having been issued within a 24 month period, and having no record of a class 1 or 2 violation, or has less than three class 3, 4, 5 violations in the preceding 24 month period in any jurisdiction may be accepted if evidence of experience and qualifications are provided. Evidence of qualifications shall require passing one or more of the following: (a) a written test; (b) a demonstration of practical skills; (c) an interview with the stewards. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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."

___________________________ __________________________________ _________________________________ Violet Smith Ron Walker John Adams

Name: IRWIN JESUS ROSENDO Ruling Date: 9/20/2019
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2019-ZIA-4 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/20/2019 Suspension End: 9/21/2019
Ruling Text: Jockey Irwin Rosendo is hereby suspended, effective immediately September 20, 2019, for failing to pay the fine ($200) assessed in Ruling 2019-DAA-7.

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

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/

Name: HECTOR ALDRETE-BIZCARRA Ruling Date: 9/21/2019
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2019-ZIA-3-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/20/2019 Suspension End: 9/21/2019
Ruling Text: RE: 2019-ZIA-3 - Restored to Good Standing Jockey Hector Aldrete is hereby restored to good standing on September 20, 2019 having paid the ($200) two hundred dollar fine assessed in rulings 2019-RUI-147.
Name: IRWIN JESUS ROSENDO Ruling Date: 9/21/2019
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2019-ZIA-4-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/20/2019 Suspension End: 9/21/2019
Ruling Text: RE: 2019-ZIA-4 - Restored to Good Standing

Jockey Irwin Rosendo is restored to good standing on September 21, 2019, after paying the fine ($200) assessed in Ruling 2019-DAA-7.

Name: JUSTIN T SHEPHERD Ruling Date: 9/20/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-55 Ruling Type: Failure to Report or Appear
Breed: Quarter Horse Division: Horse
Fine Amount: $ 600 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: HAVING WAIVED HIS RIGHT TO PRESENT EVIDENCE AND TESTIMONY TO THE BOARD OF STEWARDS, JOCKEY JUSTIN SHEPHERD IS HEREBY FINED SIX HUNDRED DOLLARS ($600.00), ONE HUNDRED DOLLARS ($100.00) PER HORSE, FOR FAILING TO HONOR HIS RIDING ENGAGEMENTS IN THE FIRST, FOURTH, FIFTH, SIXTH, SEVENTH, AND EIGHTH RACES ON SEPTEMBER 15, 2019.

Fine Pd. 9/21/19 (ls)

Name: Robertino Diodoro Ruling Date: 9/20/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19101 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Robertino Diodoro is assessed a civil penalty of $300 for failure to report the alteration of the sex of "Hard Story" (third offense at Canterbury Park in 2019), a participant in the First Race on September 14, 2019, so it could be included in the program.

Minnesota Rules: 7879.0200 Authority and Duties of Stewards. Subp. 1.A. -- General authority of stewards. 7877.0170 (Duties and Responsibilities of Class C Licensees) Subp. 2 (Trainer). N. 7897.0130 (Schedule of Fines) Subp. 6 Timetable for paying fines (within 72 hours of ruling date).

Name: Sklyer Chase Whiteshield Ruling Date: 9/20/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19106 Ruling Type: Conditional Licensing Requirements
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Having appeared telephonically several times before the Board of Stewards, pursuant to ruling C19096, Skyler White Shield is eligible to reapply for a license with the Minnesota Racing Commission under the condition that he enrolls and completes a recognized evaluation program to address two recent alcohol related incidents. Minnesota Rules: 7879.0200 Authority and Duties of Stewards. Subp. 1.A. -- General authority of stewards.
Name: SUSAN LONG Ruling Date: 9/20/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 83-2019 DEL Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/20/2019 Suspension End:
Ruling Text: September 20, 2019

Delaware Park Stewards Ruling

(83-2019)

Groom Susan A. Long, DOB: 11/08/1967, RCI ID: 1984945, having tested positive for the controlled substance oxycodone on Friday, September 20, 2019 at Delaware Park, is summarily suspended pending a hearing before the Board of Stewards. During the time of her suspension, Ms. Long is denied access to all grounds under the jurisdiction of the Delaware Racing Association. Ms. Long has until the end of the business day on Wednesday, September 25, 2019, to request a hearing on this matter. Refer to D.T.R.C. Rules 3.4.1, 3.4.1.4, 18.1.5.2, 21.3.1.2, 21.8.1, 21.8.4, 21.8.5.

Name: ALEX CINTRON Ruling Date: 9/21/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 82-2019 DEL-ASG Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/23/2019 Suspension End: 9/30/2019
Ruling Text: RE: 82-2019 DEL - Appeal Stay Granted Pending the Appeal Process
Name: MARVIN RICHARDS Ruling Date: 9/19/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 80-2019 DEL Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: September 19, 2019

Delaware Park Stewards Ruling

(80-2019)

Trainer Marvin Richards, RCI ID: 2103771, DOB: 03/23/1973, is fined the sum of two hundred dollars ($200.00) for being late for the administration of Lasix, necessitating a late scratch of the horse “Know What Im Sayin” from the fifth race at Delaware Park on Saturday, September 7, 2019. Refer to DTRC Rules 2.5.1.4, 3.3, 3.4, and 3.4.1.4.

Name: ALEX CINTRON Ruling Date: 9/19/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 82-2019 DEL Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/23/2019 Suspension End: 9/30/2019
Ruling Text: September 19, 2019

Delaware Park Stewards Ruling

(82-2019)

Jockey Alex Cintron, DOB: 07/31/1987, RCI ID: 2132197, is suspended for seven (7) calendar days, from Monday, September 23, 2019, through and including Monday, September 30, 2019, for careless riding in the seventh (7th) race on Monday, September 16, 2019, at Delaware Park. The Stewards have granted Mr. Cintron a designated race day, Saturday, September 28, 2019, to ride at Delaware Park. Refer to D.T.R.C. Rules 3.3, 14.15, and 14.16.

Name: Anthony J Russo Ruling Date: 9/19/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 81-2019 DEL Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 19, 2019

Delaware Park Stewards Ruling

(81-2019)

Trainer Anthony J. Russo, DOB: 06/08/1957, RCI ID: 1969324, having waived his right to a hearing, is fined the sum of One Thousand ($1,000.00) dollars for scratching the horse “CC’s Freedom” from the 5th race on Wednesday, September 18, 2019 at Delaware Park while running her in the fourth (4th) race at Parx on Tuesday, September 17, 2019. Refer to D.T.R.C. Rules 3.4, 3.4.1.15, and 11.14.1.5. Fine must be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: CALVIN SCOTT WOLFF Ruling Date: 9/19/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19102 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Calvin Wolff, having waived his right to a formal hearing, is hereby assessed a civil penalty of Five Hundred Dollars ($500) for being the subject of a Canterbury Park Security Department Report dated September 1, 2019 citing hostile acts and uncooperative behavior in the Canterbury Card Club.

On that date, the Canterbury Park Security Department Report states Wolff “becoming verbally aggressive and causing a scene at the bar after being cut off.”

Wolff then became uncooperative with Canterbury Park Security Officers repetitively demanding that he be able to speak with their supervisor and CEO Randy Sampson who was not on property.

Wolff was in violation of two Minnesota Racing Commission Rules, 7897.0100 Prohibited Acts, Subp. 6a. -Hostile acts and Subp. 7. – Cooperation with security officers.

Prior to applying for license in 2020, Wolff must complete a substance abuse evaluation and submit documentation to the Board of Stewards from a licensed evaluator.

Minnesota Rules part(s): 7879.0200 Authority and Duties of Stewards. Subp. 1.A. – General authority of stewards. 7897.0100 Prohibited Acts. Subp. 6a. – Hostile acts; Subp. 7. – Cooperation with security officers. 7897.0120 Disciplinary Sanctions. Subp. 1. -Sanctions. 7897.0130 Schedule of Fines. Subp. 1. – Imposition of fines; Subp. 2.B. – Categories of violations; Subp. 3.B. Assignment of categories and determination of fine amount; Subp. 5. - Amount of fine; Subp. 6. – Timetable for paying fines (within 72 hours of ruling date).

Name: DAVID GINTER Ruling Date: 9/19/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19043 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer David Ginter who started the horse FANCY SCEETER in the fifth race finishing 3rd on July 30, 2019 at Running Aces Racetrack and Casino. The horse was subsequently subject to post race test according to MRC protocols. The resulting sample E-324088 was submitted to Industrial labs for testing. The test results showed the presence of Phenylbutazone at a level of 2.98 an amount in excess of the allowable level of 2.0. With reference to MRC rules and RGI guideline Trainter Ginter is hereby issued an official warning. MRC Rule 7879.0200 Subpart (A)(B) - Judges Authority MRC 7890.0100 Subpart 13 (A) (1) (a) - Medications
Name: STEWART ELLIOTT Ruling Date: 9/19/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 19-RP-074 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/30/2019 Suspension End: 10/6/2019
Ruling Text: JOCKEY STEWART ELLIOTT WAIVED HIS RIGHT TO A HEARING AND PLED "NO CONTEST". HE IS SUSPENDED FOR RACE RIDING FOR 7 DAYS 9/30/19 - 10/6/19 FOR ALLOWING HIS MOUNT TO MOVE INWARD ENTERING THE FIRST TURN CAUSING INTERFERENCE TO BRENDA'S FEVER RESULTING IN DISQUALIFICATION OF THE HORSE FROM 2ND PLACE TO 8TH PLACE.
Name: STEVEN MARK ASMUSSEN Ruling Date: 9/19/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 19-RP-065 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: OWNER/TRAINER STEVEN M ASMUSSEN CAME FOR HEARING BEFORE THE RP BOS. MR ASMUSSDEN DID NOT APPEAR AND WAS NOT REPRESENTED BY LEGAL COUNSEL. IT IS THE ORDER OF THE BOS THAT MR ASMUSSEN HAVING A THIRD OFFENSE FOR CATEGORY C DRUG IN THE PAST 365 DAYS SHALL BE FINED $1500. IT IS FURTHER ORDERED THAR THE HORSE TARAWA IS DISQUALIFIED FROM 1ST PLACE AND SHALL REMAIN UNPLACED IN THE 9TH RACE AT RP ON 9/22/18.
Name: JOHN A. WILLIAMS Ruling Date: 9/19/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 19-FMT-011 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TRAINER JOHN A WILLIAMS PLEAD NO CONTEST AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION IMALITTLEHAZEY 2ND PLACE 4TH RACE AT FMT ON 7/11/18, TESTING POSITIVE FOR THE DRUG DEXAMETHASONE. IS IT THE ORDER OF THE BOS AT FMT THAT MR. WILLIAMS SHALL BE FINED $500. IT IS FURTHER ORDERED THAT IMALITTLEHAZEY IS DISQUALIFIED FROM 2ND PLACE 4TH RACE AT FMT ON 7/11/18.
Name: LUIS VILLAFRANCO Ruling Date: 9/18/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-046 Ruling Type: Necessitating a Late Scratch
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR LUIS V. VILLAFRANCO IS HEREBY FINED $200.00 FOR FAILURE TO HAVE THE HORSE, "WINNLASTCAPPO" TATOOED PRIOR TO THE RUNNING OF THE 6TH RACE AT WRD ON 9/14/2019, NECESSITATING A LATE SCRATCH.
Name: EDWARD ROSS HARDY Ruling Date: 9/18/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 19-FMT-027 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR EDWARD R. HARDY IS HEREBY FINED $200.00 FOR FAILURE TO HAVE THE FOAL CERTIFICATE FOR THE HORSE, "RUNAWAY SON" ON FILE IN THE RACING OFFICE BEFORE RUNNING OF THE 8TH RACE AT FMT ON 6/23/2019, NECESSITATING A LATE SCRATCH. IT IS THE ORDER OF THE FMT BOARD OF STEWARDS THAT MR. HARDY IS FINED $200.00.
Name: FREDDY JOSE MANRRIQUE-GUERRERO Ruling Date: 9/18/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 19-FMT-026 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: JOCKEY FREDDY MANRRIQUE-GUERRERO IS HEREBY FINED $100.00 FOR FAILURE TO FULFILL HIS RIDING ENGAGEMENTS IN THE 3RD RACE AT FMT ON 7/21/2019. IT IS THE ORDER OF THE FMT BOARD OF STEWARDS THAT MR. MANRRIQUE-GUERRERO BE FINED $100.00.
Name: GUSTAVO HERRERA-MORENO Ruling Date: 9/18/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 19-RP-073 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/7/2019 Suspension End: 9/13/2019
Ruling Text: JOCKEY GUSTAVO HERRERA-MORENO WAIVED HIS RIGHT TO A HEARING AND PLED "NO CONTEST" TO CARELESS RIDING. HE IS HEREBY SUSPENDED FROM RIDING RACES FOR A PERIOD OF SEVEN (7) DAYS, BEGINNING SATURDAY, SEPT. 7, 2019, CONTINUING THROUGH FRIDAY, SEPT. 13, 2019, FOR ALLOWING HIS MOUNT 7TH PLACE FINISHER #5 "GRAY ZONE" TO ALTER COURSE INWARD, "CAUSING 11TH PLACE FINISHER RIDDEN BY LUIS QUINONEZ TO CLIP HEELS AND STUMBLE IN THE 9TH RACE AT REMINGTON PARK ON WEDNESDAY, AUGUST 28, 2019. DURING HIS SUSPENSION, MR. HERRERA WILL BE ALLOWED TO RIDE CERTAIN STAKE RACES DETERMINED BY THE BOARD OF STEWARDS.
Name: David Cabrera Ruling Date: 9/18/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-54 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey David Cabrera was suspended on September 15, 2019 in ruling 46075 for failure to pay a fine levied against him for failing to be in the paddock for the third race on August 27, 2019 at the designated time. Having paid said fine David Cabrera is hereby restored to good standing.
Name: Blandford Sanghew Stewart Ruling Date: 9/18/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-28 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule Carelless Riding Causing Disqualification
Name: Blandford Sanghew Stewart Ruling Date: 9/18/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-28-FO Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-WUD-28 - Ruling Final Outcome
Name: Neville Fitzroy Stephenson Ruling Date: 9/18/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-29 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule Causing interference in Race causing Dusqualification
Name: Neville Fitzroy Stephenson Ruling Date: 9/18/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-29-FO Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-WUD-29 - Ruling Final Outcome
Name: NELLIE OPAL PIGEAU Ruling Date: 9/18/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-30 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule Entering ineligible horse
Name: NELLIE OPAL PIGEAU Ruling Date: 9/18/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-30-FO Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-WUD-30 - Ruling Final Outcome
Name: SERGIO HUMBERTO PRADENAS Ruling Date: 9/18/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 79-2019 DEL Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: September 18, 2019

Delaware Park Stewards Ruling

(79-2019)

A report from Truesdail Laboratories, Inc., the official Chemists of the Delaware Thoroughbred Racing Commission, showed that the blood sample 23862, taken from the horse “Praise the Moon" after the second (2nd) race at Delaware Park on August 28, 2019, tested positive for "Phenylbutazone" in the amount of 2.4 +/-0.27 micrograms per milliliter of plasma. The trainer of this horse, Sergio Pradenas, DOB: 03/30/1944, RCI ID: 2019078, waived his right to a split sample.

As a result of the positive, Mr. Pradenas was noticed for a hearing. Having waived his right to a hearing and under the authority of the Stewards, Mr. Pradenas is fined the sum of five hundred dollars ($500.00) for this first offense. Refer to DTRC Rules 3.3, 3.4, 3.4.1, 7.3.1, 7.3.6, 7.3.9, 15.1.2.2, 15.1.3.1.1, 15.1.3.1.3, 15.1.3.1.4. Fine must be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: JOHN MCGILL Ruling Date: 9/18/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-031-19 Ruling Type: Fraudulent Acts Relative to Racing
Breed: Harness Division: Horse
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 9/18/2019 Suspension End: 3/15/2020
Ruling Text: Owner John McGill had a Judge's hearing on 9-4-19 for an ownership review violation. In consideration of the licensee's complete cooperation and mitigating circumstances, the Judge's ruled for a fine of $10,000.00 and a Full Suspension for 180 days beginning 9-18-19 to and including 3-15-20 for concealing other ownership of a horse, on record owned solely by himself. All owner transfers of horses from parties under a full suspension to other owners must be approved by the DHRC Judge's or the Executive Director and shall not be transferred to a spouse, family member, assistant, current employee/employer or household member ( see DHRC Rules: 5.2.1.5; 5.2.2.2 and 10.2.8.3) Appeals are due 48 hours within receipt of ruling. All fines are to be paid within 10 days after ruling is issued.
Name: JAY ALBERT BAXTER Ruling Date: 9/18/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-032-19 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/12/2019 Suspension End: 10/11/2019
Ruling Text: Trainer Jay Baxter had a Judge's hearing on 9-17-19 at Harrington Raceway and is issued a 30 day Full Suspension beginning 9-12-19 to and including 10-11-19. Trainer Jay Baxter refused to submit to a Breath Analyzer test upon request and sent a horse on the track for warm up ill equipped. Mr. Baxter must comply with an Alcohol Abuse Treatment Program approved by the Commision ( see DHRC Rules: 5.8.2.5 and 5.3.3.20). Appeals are due 48 hours within receipt of ruling.
Name: JOSHUA LEE GREEN Ruling Date: 9/18/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-033-19 Ruling Type: Necessitating a Late Scratch
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Josh Green is fined $200.00 for missing Lasix with DASH TO FREEDOM on 9-17-19 at Harrington Raceway resulting in a scratch ( see DHRC rule: 8.3.5.4). All fines are to be paid within 10 days after ruling is issued.
Name: DARREN E FERRELL Ruling Date: 9/18/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-034-19 Ruling Type: Trainer Responsibility
Breed: Harness Division: Horse
Fine Amount: $ 75 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Darren Ferrell is fined $75.00 for leaving the horse HYPOTHETICAL unattended, interfering with Pre Race Testing while in the paddock at Harrington Raceway on 9-17-19 ( see DHRC rule: 5.3.3.22). All fines are to be paid within 10 days after ruling is issued.
Name: JOSE LUIS MARQUEZ Ruling Date: 9/18/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-22 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Jose Luis Marquez was duly notified and waived his right to a 10 day notice and formal hearing before the Board of Stewards on September 18, 2019, regarding a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC). The certificate of analysis was for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4 penalty category C MINOR drug) found in test sample E317347 taken from the FIRST place finisher Graceful Lullaby” following the 10th race, on August 4, 2019, at Downs of Albuquerque. The certificate of analysis indicated a finding of Phenylbutazone at 3.7 ug/ml ±/-0.4 ug/ml micrograms per milliliter in the blood, which exceeds the allowable limit of 2.0 micrograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Jose Luis Marquez. Leonel Valazquez and Augutin Potillo, the owners of record for horse “Graceful Lullaby”, was notified that her trainer waived his right to a formal hearing on September 14, 2019. This is owners Valaazquez and Portillo”s FIRST Class 4C MINOR medication violation in a 365-day period. For Jose Luis Marquez’s FIRST Class 4C MINOR medication violation in a 365-day period, the Board of Stewards hereby issues a penalty of Five hundred dollars 15.2.6.9(B)(6)Penalty Recommendations If the trainer has not had more than one violation involving a drug that carries a category C penalty within the previous two years, the stewards are encouraged to issue a warning in lieu of a fine provided the reported level in phenylbutazone is below 3.0 micrograms per milliliter absent of aggravating factors. ($500.00) fine to be paid on or before October 14, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time may result in an immediate suspension.
    1. The horse “Greaceful Lullaby”, must pass a commission-approved examination before being eligible to enter.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)Stewards/ 15.2.6.9(C)(1)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 16.47.1.10(B)(1-3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations Licensee is found to be in violation of:15.2.6.9(C)(1-2-3) Prima Facie Evidence/15.2.6.9 (C)(3) PENALTY RECOMMENDATIONS This ruling is written in accordance with: 15.2.6.9 A (4)UNIFORM CLASSIFICATION GUIDELINES - /15.2.6.11(A) NMAC: Trainer Responsibility/16.47.1.10(B)(1) NMAC: Absolute Insurer /15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ALBERT MEDRANO Ruling Date: 9/18/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-23 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Albert Medrano was summoned and appeared before the Board of Stewards on September 18,, 2019, for careless riding during the running of the 2nd race on September 15, 2019 at New Mexico State Fair, while aboard “Dashing Temptation”, which resulted in his mount being disqualified from 5th place to 6th place. (came over into the path of the #4 causing him to check and alter course.)

The Board of Stewards hereby assess Albert Medrano a suspension of 7 calendar days (September 25, 2019, through October 1, 2019, inclusive The term of this suspension shall not prohibit participation in designated race days.

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

15.2.5.13(E)(2)(a) Post to Finish A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(d) 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.

15.2.5.13(E)(3)(c) NMAC: Post to Finish 15.2.5.13(E)(3)(d) NMAC: Post to Finish 15.2.5.13(E)(4)(a) NMAC Disqualification./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: LEONEL VELAZQUEZ Ruling Date: 9/18/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-24 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Leonel Velazquez, having been represented by trainer Jose Luis Marquez before the Board Of Stewards on September 18,2019 regarding a lab report from Industrial Laboratories (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4-Minor penalty category C drug) found in test sample E317347 taken from the horse “Graceful Lullaby” following the 10th race, on August 4, 2019, at the Albuquerque Downs Racetrack. The original lab report indicated a finding of Phenylbutazone at 3.7 mg/ml in the blood, the allowable limit for Phenylbutazone is 2 mg/ml in the blood. Sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and denied by Jose Luis Marquez., trainer of record.

Licensee is found to be in violation of: 15.2.6.9(C)(1) : Prima Facie Evidence 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. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

For Leonel Velazquez’s 1st Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows:

        1. A Warning, in accordance with 15.2.3.8 (B)(3)(l) NMAC.
        2. The horse "Graceful Lullaby" must pass a commission-approved examination before being eligible to run.

This ruling is written in accordance with: 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 15.2.3.8 B (1) (a) Stewards General Authority 15.2.3.8 B (1) (c) Stewards General Authority

Name: AGUSTIN M PORTILLO Ruling Date: 9/18/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-25 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Agustin Portillo-Martinez having been represented by trainer Jose Luis Marquez before the Board Of Stewards on September 18,2019 regarding a lab report from Industrial Laboratories (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4-Minor penalty category C drug) found in test sample E317347 taken from the horse “Graceful Lullaby” following the 10th race, on August 4, 2019, at the Albuquerque Downs Racetrack. The original lab report indicated a finding of Phenylbutazone at 3.7 mg/ml in the blood, the allowable limit for Phenylbutazone is 2 mg/ml in the blood. Sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and denied by Jose Luis Marquez., trainer of record.

Licensee is found to be in violation of: 15.2.6.9(C)(1) : Prima Facie Evidence 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. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

For Agustin Portillo-Martinez’s 1st Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows:

        1. A Warning, in accordance with 15.2.3.8 (B)(3)(l) NMAC.
        2. The horse "Graceful Lullaby" must pass a commission-approved examination before being eligible to run.

This ruling is written in accordance with: 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 15.2.3.8 B (1) (a) Stewards General Authority 15.2.3.8 B (1) (c) Stewards General Authority

Name: JIMMY RAY COATES Ruling Date: 9/18/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-26 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jimmy Ray Coates was summoned, and appeared before the Board of Stewards on September 18, 2019. The hearing was in regard to excessive use of the whip on his mount Lett Her Dominateduring the running of the 5th race on September 15, 2019, at NMSF.

The Board of Stewards hereby fines Jimmy Ray Coates in the amount of three hundred dollars ($300.00). The fine is to be paid on or before October 18, 2019, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed shall result in immediate suspension.

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

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. 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: JOSE LUIS MARQUEZ Ruling Date: 9/18/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-12 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 9/23/2019 Suspension End: 10/8/2019
Ruling Text: Trainer: Jose Luis Marquez, having been duly notified and appeared before the Board Of Stewards on September 18, 2019, to waive his right to a 10 day notice and a hearing, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty drug) found in test sample E317570 taken from the 2nd place finisherGotta Get Lucky” following the 1st race, on August 24, 2019, at the Downs at Albuquerque Race Track. The original lab report indicated a finding of Dexamethasone at 20.4 +/- .5 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by TVMDL at 8.2 +/- 1.5 pg/ml. Juan G. Flores is the owner of record for horse “Gotta Get LuckyThis is Jose Luis Marquez’s Second Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4). The Board of Stewards assessed a penalty as follows:
    1. A ($1,500) One Thousand Five Hundred dollar fine to paid on or before October 14, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
    2. A 15 day suspension of all NMRC licenses starting September 23, 2019, through October 7, 2019, inclusive.
    3. During said time of applicable suspension Jose Luis Marquez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by or under the care and custody 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). All transfers and sales of horses owned or trained by or under the care and custody of Jose Luis Marquez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) .

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations. Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500.

Name: CHERI ANN FURBER Ruling Date: 9/18/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 19-20TP006 Ruling Type: Fined
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having appeared, Owner Cheri Ann Furber (ADG #19311) 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) and is hereby suspended for seven (7) days from September 10, 2019, through September 16, 2019 (credit given for time served after being summarily suspended on September 10, 2019) for attempting to get another licensee into the barn area by creating a hole in the perimeter fencing near the north gate when the backside was closed.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by September 28, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning September 29, 2019, through and inclusive of March 28, 2020, 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 herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106(C); A.A.C. R19-2-112(11)(12); A.A.C. R19-2-121€

Name: KASEY RAY KEMPER Ruling Date: 9/18/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 19-20TP005 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Groom Kasey Ray Kemper (ADG #20910) is hereby reinstated to good standing.

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

Name: ATLEE E BENDER Ruling Date: 9/18/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-52 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Atlee Bender is hereby fined the sum of fifty ($50.00) dollars.

Failure to come up into position for the 8th race on Friday, September 13, 2019.

Violation of N.J.A.C. rule: 13:71-17.1 M-7

Name: STACY LYNN CHIODO Ruling Date: 9/18/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-51 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Ms. Chiodo is hereby fined the sum of fity ($50.00) dollars.

Ms. Chiodo drove #3 "Knightofvictory" in the 8th race on Friday, September 13, 2019. Ms. Chiodo did have her foot out of the stirrup in the stretch.

Violation of N.J.A.C. rule 13:71-7.29(a)1. (Failure to obey the instruction of a racing official)

Name: STACY LYNN CHIODO Ruling Date: 9/18/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-45 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 150 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Ms. Chiodo is hereby fined the sum of one hundred fifty ($150.00) dollars.

While driving #2 "Lucy Lightyear" in the 5th race on Saturday, September 14, 2019, you did use the whip in an excessive, unnecessary and indiscriminate manner.

Violation of N.J.A.C. rule: 13:71-20.15.

Name: ERIC LAWRENCE ABBATIELLO Ruling Date: 9/18/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-50 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Eric Abbatiello is hereby fined the sum of fifty ($50.00) dollars.

Conversing on the track while scoring #1 "Massive Talent" prior to the 10th race at Freehold Raceway on Friday, September 13, 2019.

Violation of N.J.A.C. rule: 13:71-6.22.

Name: IAN JOSEPH JOSEPH HANNEY Ruling Date: 9/18/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-49 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. Hanney is hereby fined the sum of fifty ($50.00) dollars.

Conversing on the track while scoring #2 "Baltimor As" prior to the 10th race at Freehold Raceway on Friday, September 13, 2019.

Violation of N.J.A.C. rule: 13:71-6.22.

Name: STEPHEN M SMITH Ruling Date: 9/18/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-48 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Driver Stephen Smith is hereby fined the sum of twenty-five ($25.00) dollars.

Mr. Smith did drive with a wheel inside the "Hubless Rail" pylons while driving #5 "Judge Bob" in the 8th race at Freehold Raceway on Friday, September 13, 2019.

Violation of N.J.A.C. rule: 13:71-20.6(a) 10.

Name: AUSTIN T SIEGELMAN Ruling Date: 9/18/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-47 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Driver Austin Siegelman is hereby fined the sum of twenty-five ($25.00) dollars.

Mr. Siegelman did drive with a wheel inside the "Hubless Rail" pylons while driving "Fat Boy" in the 5th race at Freehold Raceway on Friday, September 13, 2019.

Violation of N.J.A.C. rule: 13:71-20.6(a) 10.

Name: THOMAS F CORELLI Ruling Date: 9/18/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-46 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Driver Tom Corelli is hereby fined the sum of twenty-five ($25.00) dollars.

Mr. Corelli did drive with a wheel inside the "Hubless Rail" pylons while driving #1 "Traveling Janet" in the 2nd race at Freehold Raceway on September 13, 2019.

Violation of N.J.A.C. rule: 13:71-20.6(a)10.

Name: JAMES MAROHN Ruling Date: 9/18/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-44 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 150 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Mr. Marohn is hereby fined the sum of one hundred fifty ($150.00) dollars.

While driving #3 "Ready Set Rock" in the 5th race at Freehold Raceway on Saturday, September 14, 2019 you did use the whip in an excessive, unnecessary and indiscriminate manner.

Violation of N.J.A.C. rule: 13:71-20.15.

Name: LUIS ENRIQUE COLLAZO Ruling Date: 9/18/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-43 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/14/2019 Suspension End:
Ruling Text: Effective September 14, 2019, Mr. Collazo is suspended for financial irresponsibility. Failure to return the purse money paid to him as owner of "Icbrandonscowgirl" which tested positive on May 3, 2019.

Violation of N.J.A.C. 13:71-1.21 Financial Irresponsibility

Name: JOHN GERALD BAX Ruling Date: 9/17/2019
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 19MDH63 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 12/1/2019 Suspension End: 12/16/2019
Ruling Text: As a result of an administrative hearing before the Meadowlands Board of Judges the following determination has been made:

The post-race blood analysis of the horse "Southwind Casha" following it's performance in the 8th race on Saturday July 27, 2019 identified the presence of the prohibited substance Isoflupredone. The presence of Isoflupredone in the horse "Southwind Casha" on Saturday July 27, 2019 is in direct violation of N.J.A.C 13:71-23.1.

As the programmed trainer of the horse "Southwind Casha" on Saturday July 27, 2019, John Bax is in violation of N.J.A.C 13-71-23.6 (a),(b),(c),(d).

As a result, Mr.Bax is hereby suspended for a period of fifteen (15) days and fined the sum of five hundred($500.00) dollars. The period of suspension shall begin on Sunday December 1, 2019 and continue through and including Sunday December 15, 2019. During the period of suspension, Mr. Bax is denied access to all grounds that are under the jurisdiction of the New Jersey Racing Commission for any and all purposes.

Consistent with N.J.A.C 13-71-23.7 "Southwind Casha" is hereby disqualified from sharing in the purse from the 8th race on Saturday July 27, 2019 and the purse is hereby ordered to be redistributed among the eligible horses.

MMV Points 1/2

Name: TED J SULESKI Ruling Date: 9/17/2019
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 19MDH54 Ruling Type: Warning Letter
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Ted Suleski is hereby issued a formal warning. Ted Suleski was the trainer of the horse #4 DAVID THE SAINT when the horse raced in the 11th race on Saturday, June 22, 2019 at the Meadowlands Racetrack.

Post-race blood analysis in a sample taken from DAVID THE SAINT after the 11th race at the Meadowlands Racetrack on Saturday, June 22, 2019, revealed the presence of Trimethoprim.

Post-race urine analysis in a sample taken from DAVID THE SAINT after the 11th race at the Meadowlands Racetrack on Saturday, June 22, 2019, revealed the presence of Trimethoprim.

Mr. Suleski is warned that any future post-race analysis revealing Trimethoprim or any banned substance in a horse that he trains may result in a fine and or suspension of his New Jersey Racing Commission trainers license.

Name: JOSEPH FRANCIS RICH Ruling Date: 9/17/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-59 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/11/2017 Suspension End: 9/17/2019
Ruling Text: Unlicensed Applicant, Joseph F. Rich III, DOB 3/15/1982, having satisfied the Ruling #151 dated November 11, 2017, Mr. Rich is hereby restored to good standings.
Name: HENRY WEST Ruling Date: 9/16/2019
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 23630 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to have the required 60 day workout resulting in the late scratch of his scheduled starter, “Tooth,” from race 1, September 16, 2019 at Louisiana Downs.
Name: SILVIO L MARTIN Ruling Date: 9/16/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 78-2019 DEL Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 16, 2019

Delaware Park Stewards Ruling

(78-2019)

A report from Truesdail Laboratories, Inc., the official Chemists of the Delaware Thoroughbred Racing Commission, showed that the blood sample 23869, taken from the horse “Matter of Factor" after a work for the commission veterinarian on August 29, 2019, tested positive for flunixin in the amount of 4.6+/-0.30 ng per milliliter of plasma, and phenylbutazone in the amount of 1.8+/- 0.27 mcg per milliliter of plasma. The trainer of this horse, Silvio Martin, DOB: 10/18/1971, RCI ID: 2150908, waived his right to a split sample.

As a result of the positive, Mr. Martin was noticed for a hearing. Having verbally waived his right to a hearing and under the authority of the Stewards, Mr. Martin is fined the sum of five hundred dollars ($500.00) for this first offense. Refer to DTRC Rules 3.3, 3.4, 3.4.1, 7.3.1, 7.3.6, 7.3.9, 15.1.2.2, 15.1.3.1.1, 15.1.3.1.3, 15.1.3.1.4. Fine must be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: David Cabrera Ruling Date: 9/15/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-52 Ruling Type: Failure to Pay Fine or Fees
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/15/2019 Suspension End: 9/18/2019
Ruling Text: Jockey David Cabrera was fined one hundred dollars ($100.00) on September 1, 2019 ruling 46069, for failing to report to the paddock for the third race on August 27, 2019 at the designated time. Cabrera has not paid said fine as required in 491 IAC 4.7(1). Therefore, David Cabrera is hereby suspended pending payment of the above mentioned fine.

You are barred from working at any pari-mutuel racetrack or gaming facility licensed to operate in the State of Iowa. The suspension may be re-evaluated when you pay the administrative penalty imposed in ruling number 46069.

Name: JOE P TOYE Ruling Date: 9/15/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-127 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: 9/24/2019 Suspension End: 9/30/2019
Ruling Text: On Saturday, September 14, 2019 a steward's conference was held with trainer Joe Toye regarding a laboratory report that was received from ALS/Truesdail Laboratories indicating that urine sample #77948, taken from the horse, Blackdenimtrousers, which placed second in the first race at Emerald Downs on August 16, 2019 was found to contain cannabidiol. a Class 3 Category B substance as classified by ARCI and RMTC. Testimony was heard and evidence was presented. The stewards determined that Joe Toye was the licensed trainer of the horse when it raced and is responsible for the presence of any prohibited drug, medication, or other substance. Accordingly, Mr. Toye is hereby fined $250.00 and suspended seven calendar days (September 24 through and inclusive of September 30, 2019) for this violation. Mitigating factors included the past history of his equine medication violations and the reclassification of cannibidiol by the ARCI and RMTC were taken into account. Additionally, Blackdenimtrousers is disqualified from any and all purse monies derived from the first race at Emerald Downs on August 16, 2019 and the official order of finish is amended and confirmed as follows:

1.# 2 Coastal Son 2.# 1 That Dog Will Hunt 3.# 6 Mightabenthewine 4.# 3 Mighty Force # 4 Blackdenimtrousers (unplaced)

Additionally 2 MMV (multiple medication violation) points will be assigned.

WAC 260-28-295 WAC 260-70-620(1) WAC 260-84-110 WAC 260-84-125

The horsemen's bookkeeper is hereby directed to make the necessary changes. This action does not alter the Pari-Mutuel payoffs of the race in question.

The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

During the term of his suspension Joe Toye is denied access to all grounds under the jurisdiction of the Washington Horse Racing Commission. All horses owned and/or trained by Joe Toye are hereby denied entry for racing pending sale and/or transfer approved by the Board of Stewards.

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

Name: PABLO A DE JESUS Ruling Date: 9/15/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-128 Ruling Type: Claiming Irregularities
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 9/23/2019 Suspension End: 9/30/2019
Ruling Text: On Sunday, September 15, 2019, a steward's conference was held with trainer Pablo A. De Jesus regarding the claim of the horse, Goldie's Darlins, out of the fifth race Friday September 13, 2019, which involved a four way shake of owner/trainer combinations of Jorge Solano Huerta/Howard F. Gibson, Jenny Fernandez/Pablo A. De Jesus, owner/trainer Valentin L. Garcia and owner/trainer David Ratko, who won the shake. The board of stewards heard testimony from the WHRC investigators and Pablo A. De Jesus. Pablo A. De Jesus testified that he was asked by trainer David Ratko, because of his health to help him with the care and training the horse Goldie's Darlins. Goldie's Darlins was delivered to the barn of trainer Pablo De Jesus and not the barn of owner/trainer David Ratko on the evening of the claim. David Ratko denied participating in a claim for anything other than his own beneficial interest. After hearing testimony from the WHRC investigator that the horseman's bookkeeper produced evidence that $3500.00 was deposited in David Ratkos account from Hoppers Racing Stable which consists of Cindy Winschell and Andrea Running. Cindy Winschell is the spouse of trainer Pablo De Jesus. In the opinion of the board of stewards the claim by owner/trainer David Ratko was an agreement with trainer Pablo De Jesus to claim the horse Goldie's Darlins for Pablo A. De Jesus. Furthermore, if David Ratko was unsuccessful in winning the claim, he would reimburse Hoppers Racing Stable. Based on evidence received, the board of stewards declared all claims deposited, with the exception of the claim of Valentin L. Garcia be voided. Accordingly, the board of stewards declare that the claim by David Ratko of Goldie's Darlins be voided and that the horse be transferred to owner/trainer Valentin L. Garcia. In addition Pablo A. De Jesus is fined five hundred dollars ($500.00) and suspended for seven (7) days (from September 23 through and inclusive of September 30, 2019) for being in violation of WAC 260-60-380.

The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-60-380 (2) WAC 260-80-050

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

Name: HOWARD F GIBSON Ruling Date: 9/15/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-129 Ruling Type: Claiming Irregularities
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On Sunday, September 15, 2019, a steward's conference was held with trainer Howard F. Gibson regarding the claim of the horse, Goldie's Darlins, out of the fifth race Friday September 13, 2019 which involved a four way shake with owner/trainer combinations of Jorge Solano Huerta/Howard F. Gibson, Jenny Fernandez/Pablo A. De Jesus, owner/trainer Valentin L. Garcia and owner/trainer David Ratko, who won the shake. The board of stewards heard testimony from the WHRC investigators and Howard F. Gibson. Howard F. Gibson testified that he was asked by trainer Pablo A. De Jesus to put a claim using Mr. De Jesus' owner Jorge Solano Huerto. Based on the evidence presented and Howard F. Gibson's testimony, the claim by owner Jorge Solano Huerto was an agreement with trainer Pablo A. De Jesus to claim the horse Goldie's Darlins. The board of stewards declared all claims deposited, with the exception of the claim of Valentin L. Garcia be voided. Accordingly, Howard F. Gibson is fined two hundred dollars ($200.00) for being in violation of WAC 260-60-380.

The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-60-380 (2) WAC 260-80-050

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

Name: DAVID CECIL RATKO Ruling Date: 9/15/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-126 Ruling Type: Claiming Irregularities
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On Sunday, September 15, 2019, a steward's conference was held with owner/trainer David Ratko regarding the claim of the horse, Goldie's Darlins, out of the fifth race Friday September 13, 2019, which developed into a four way shake with David Ratko winning the shake. The board of stewards heard testimony from the WHRC investigators and David Ratko. David Ratko testified that he asked trainer Pablo De Jesus to help him with the care and training the horse Goldie's Darlins because of his health, and denied participating in a claim for other than his own beneficial interest. Goldie's Darlins was relocated to the barn of Pablo De Jesus and not the barn of owner/trainer David Ratko on the evening of the claim. After hearing testimony from the WHRC investigator that the horseman's bookkeeper produced evidence that $3500.00 was deposited in David Ratkos account from Hoppers Racing Stable which is Cindy Winschell and Andrea Running. Cindy Winschell is also the spouse of trainer Pablo De Jesus..In the opinion of the board of stewards the claim by owner David Ratko was an agreement with trainer Pablo De Jesus to claim the horse Goldie's Darlins. Based on evidence received, the board of stewards declared all claims deposited, with the exception of the claim by Valentin L. Garcia, by also be voided. Accordingly, the board of stewards declare that the claim of David Ratko of Goldie's Darlins be voided and the horse in question be transferred to owner/trainer Valentin L. Garcia. In addition David Ratko is fined two hundred dollars ($200.00) for being in violation of WAC 260-60-380.

The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-60-380 (2) WAC 260-80-050

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

Name: ALEJANDRO HERRERA MEDELLIN Ruling Date: 9/15/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-19 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Alejandro Medillin was summoned and appeared before the Board of Stewards on September 14,, 2019, for careless riding during the running of the 9th race on September 14, 2019 at New Mexico State Fair, while aboard “Slewacide Squad”, which resulted in his mount being disqualified from 3rd place to 4th place (bore out into the path of the #7 causing him to check and alter course (2 times) during the stretch run.)

The Board of Stewards hereby assess Alejandro Medillin a suspension of 7 calendar days (September 23, 2019, through September 29, 2019, inclusive The term of this suspension shall not prohibit participation in designated race days.

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

15.2.5.13(E)(2)(a) Post to Finish A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(d) 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.

15.2.5.13(E)(3)(c) NMAC: Post to Finish 15.2.5.13(E)(3)(d) NMAC: Post to Finish 15.2.5.13(E)(4)(a) NMAC Disqualification./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: EDGAR S MARTINEZ Ruling Date: 9/15/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-20 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Edgar S. Martinez, having been duly notified, appeared before the Board of Stewards on September 15, 2019, regarding his excessive use of the whip while abord "Don’t Get No Better"during the running of the 2nd race on September 14, 2019 at the New Mexico State Fair Meet.

For this rule violation, the Board of Stewards assessed Edgar S. Martinez a penalty in the amount of Three Hundred Dollars ($300.00). The fine is to be paid on or before October 15, 2019, 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)(A) Use of riding crops. Although the use of a riding crop is not required, any jockey who uses a riding crop during a race shall do so only in a manner consistent with exerting his or her best efforts to win. 15.2.5.13(E)(6)(e) Use of riding crops. Indiscriminate use of the whip is prohibited including whipping a horse: on the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; during the post parade or after the finish of the race except when necessary to control the horse; excessively or brutally causing welts or breaks in the skin; when the horse is clearly out of the race or has obtained its maximum placing; persistently even though the horse is showing no response under the riding crop; or striking another rider or horse. This ruling is written in accordance with: 15.2.1.9(B)(4)(A)NMAC Notice Except as provided by these rules regarding summary suspension, jockey riding infractions and trial races, the stewards or a racing commission designee shall provide written notice, at least 10 days before the hearing, to a person who is the subject of a disciplinary hearing. The person may waive their right to 10 days notice by executing a written waiver. 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: EMILIO TAPIA Ruling Date: 9/15/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-21 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/23/2019 Suspension End: 9/30/2019
Ruling Text: Jockey Emilio Tapia was duly notified and appeared for a hearing before the Board of Stewards on September 15, 2019. The hearing was in regard to Emilio Tapia failing to persevere with his mount “Nicos Favoritecartel” in the 4th race on September 14, 2019.

The Board of Stewards hereby suspends Emilio Tapia for a period of 7 calendar days (September 23, 2019, through September 29, 2019). Emilio Tapia is allowed to ride designated races.

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

15.2.5.13(E)(5) A Jockey shall not ease up, or coast to the finish, without adequate cause, even if a horse has no apparent chance to win prize money. 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

Name: JEFFREY A MATTY Ruling Date: 9/15/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON69 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner, Jeffrey A. Matty is hereby fined the sum of two hundred ($200.00) dollars for falsification of his 2018 & 2019 licenses.

Violation of NJAC Rule 13:70-4.11 Any person making any false, untrue or misleading statements on an application for license or registration or in a written or oral examination in connection with such an application may be disciplined as provided for in these rules and regulations.

Name: LARRY P WOODSON Ruling Date: 9/14/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-59 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Groom, Larry Woodson, Permit #23827; DOB 10/23/1981 Mr. Woodson’s license has been summarily suspended as of September 14, 2019 pending the outcome of a Board of Stewards hearing. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five-Hundred ($500.00) Dollars.
Name: JUAN GABRIEL FLORES-CARRILLO Ruling Date: 9/14/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-13 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Juan G. Flores-Carrillo was notified and waived his rights to a 10-day notice and formal hearing by telephone before the Board of Stewards on September 18, 2019. regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Methocarbamol (class 4C-Major penalty drug) found in test sample E317440 taken from the 2nd place finisherGotta Get Lucky” following the 1st race, on August 14, 2019, at the Downs at Albuquerque Race Track. The original lab report indicated a finding of Methocarbamol at 16.80 +/- .16 ng/ml in the blood, the allowable limit for Methocarbamol is 1 ng/ml in the blood (15.2.6.9 Attachment 2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by TVMDL at 8.2 +/- 1.5 pg/ml.

For Juan G. Flores-Carrillo’s First Class 4C MAJOR medication violation in a 365- day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

        1. The horse “Gotta Get Lucky” must pass a commission approved veterinary examination before being eligible to enter.
        2. The horse “Gotta Get Lucky” is hereby disqualified from Second Place and ordered unplaced from the 1st race on August 14, 2019 at Albuquerque Downs Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                              1. Vidaks Back
                              2. Sea Merman
                              3. Mama Mia's Rose
                              4. Seismic Force
                              5. Octagon Fighter
Unplaced “Gotta Get Lucky

Licensee is found to be in violation of and this ruling is written in accordance with 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards /15.2.6.9(C)(4) Medication Restrictions/15.2.6.11 (A)Trainer Responsibility/16.47.1.8(T)Knowledge of the Rules/ 16.47.1.10(B)(1)(2)(3) Absolute Insurer/ 16.47.1.8(U)(1) Protection of Horses/15.2.6.9(B)(4)Penalty Recommendations/15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500.

Name: JUAN GABRIEL FLORES-CARRILLO Ruling Date: 9/14/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-14 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Juan G. Flores-Carrillo was notified and waived his rights to a 10-day notice and formal hearing by telephone before the Board of Stewards on September 18, 2019. regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty drug) found in test sample E317570 taken from the 2nd place finisherGotta Get Lucky” following the 1st race, on August 24, 2019, at the Downs at Albuquerque Race Track. The original lab report indicated a finding of Dexamethasone at 20.4 +/- .5 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by TVMDL at 8.2 +/- 1.5 pg/ml.

For Juan G. Flores-Carrillo’s Second Class 4C MAJOR medication violation in a 365- day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

        1. The horse “Gotta Get Lucky” must pass a commission approved veterinary examination before being eligible to enter.
        2. The horse “Gotta Get Lucky” is hereby disqualified from Second Place and ordered unplaced from the 1st race on August 24, 2019 at Albuquerque Downs Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                              1. Golden Canyon
                              2. Johnny Ray
                              3. Hayne’s Pal
                              4. Chilango
                              5. Hot Surfing
Unplaced “Gotta Get Lucky

Licensee is found to be in violation of and this ruling is written in accordance with 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards /15.2.6.9(C)(4) Medication Restrictions/15.2.6.11 (A)Trainer Responsibility/16.47.1.8(T)Knowledge of the Rules/ 16.47.1.10(B)(1)(2)(3) Absolute Insurer/ 16.47.1.8(U)(1) Protection of Horses/15.2.6.9(B)(4)Penalty Recommendations/15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500.

Name: EVERADO HERNANDEZ Ruling Date: 9/14/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-16 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/14/2019 Suspension End:
Ruling Text: Trainer, Everado Hernandez, is hereby summarily suspended, effective immediately, September 14, 2019 pending the outcome of his summary suspension hearing scheduled for September 22, 2019, at 9:00 a.m. in the office of the Board of Stewards at Zia Park Racetrack (3901 West Millen Drive Hobbs, NM 88240), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Quarter Horse Penalty A drug, albuterol, found in test sample #E317597 taken from the Quarter Horse “Wicked Coronado”, who was scratched behind the gate in the 3rd race on August 25, 2019, at the Downs of Albuquerque.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- albuterol, Class A Classification for Quarter horses 15.2.6.9(C)(1)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: JESUS G BELTRAN Ruling Date: 9/14/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-17 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/14/2019 Suspension End:
Ruling Text: Trainer, Jesus G. Beltran, is hereby summarily suspended, effective immediately, September 14, 2019 pending the outcome of his summary suspension hearing scheduled for September 22, 2019, at 9:30 a.m. in the office of the Board of Stewards at Zia Park Racetrack (3901 West Millen Drive Hobbs, NM 88240), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Quarter Horse Penalty A drug, albuterol, found in test sample #E317650 taken from the Quarter Horse “Royal Sanson”, who finished in second place in the 6th race on August 30, 2019, at the Downs of Albuquerque.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- albuterol, Class A Classification for Quarter horses 15.2.6.9(C)(1)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: JOSE LUIS MARQUEZ Ruling Date: 9/14/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-11 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Jose Luis Marquez, having been duly notified and appeared before the Board Of Stewards on September 18, 2019, to waive his right to a 10 day notice and a hearing, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Methocarbamol (class 4C-Major penalty drug) found in test sample E317440 taken from the 2nd place finisherGotta Get Lucky” following the 1st race, on August 14, 2019, at the Downs at Albuquerque Race Track. The original lab report indicated a finding of Methocarbamol at 16.80 +/- .16 pg/ml in the blood, the allowable limit for Methocarbamol is 1 ng/ml in the blood (15.2.6.9 Attachment 2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and declined. Juan G. Flores-Carrillo is the owner of record for horse “Gotta Get LuckyThis is Jose Luis Marquez’s First Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4). The Board of Stewards assessed a penalty as follows:
    1. A ($1000.00) One Thousand dollar fine to paid on or before October 14, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations. Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500.

Name: HERIBERT NAHERD MARTINEZ Ruling Date: 9/14/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-125 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On Saturday, September 14, 2019, a ruling conference was held with jockey Heribert Martinez at which time testimony was heard and a review of the video was conducted. Accordingly, Heribert Martinez is hereby assessed a fine of $300.00 for an incident away from the starting gate and failing to maintain a straight course in the late stretch causing interference in the fifth race on Friday, September 13, 2019. The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-52-040

JOCKEY CHALLENGE You have the right to challenge this stewards' ruling. If you wish to challenge this ruling, you must file a request for a hearing before the Commission within seventy two (72) hours of service of this ruling. The request must be filed with an office of the Commission and must include your name, address, telephone number, signature and a statement of the basis for the challenge to the ruling. If such request for hearing is not filed with the Commission within the seventy two (72) hours or in the format listed above, then you are deemed to have waived your rights to a hearing before the Commission. After seventy two (72) hours, if you have not filed a request for a hearing before the Commission the Stewards' penalty will be imposed.

Name: JOE P TOYE Ruling Date: 9/14/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-123 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: On Monday September 9, 2019 a laboratory report from ALS / Truesdail Laboratories was received indicating that sample number 22545, taken from the horse, Algorithmnblues, the first place finisher in the sixth race at Emerald Downs on Sunday, August 25, 2019 had tested positive for an overage of phenylbutazone , a Class 4 Category C substance, at a level of 2.6 micrograms /ml +/- 0.28 micrograms / ml. (threshold level is 2.0 micrograms /ml. Accordingly after waiving his rights, Joe Toye is given an official warning.

Additionally, trainer Joe Toye will be assigned 1/2 point MMV (Multiple Medication Violation) Points.

WAC 260-28-295 WAC 260-70-620(1) WAC 260-84-120

Name: JOE P TOYE Ruling Date: 9/14/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-124 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: After waiving his rights to a formal ruling conference, trainer Joe Toye is hereby assessed a fine of $100.00 for the unauthorized late scratch of the horse Clongiffen in the second race on September 7, 2019. The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-40-010 WAC 260-40-090 WAC 260-84-060

Name: MICHAEL W OKE Ruling Date: 9/17/2019
Jurisdiction: Minnesota Racing Commission Facility: Minnesota Racing Commission
Ruling Number: 2019-Comm-5 Ruling Type: By Order of Commission/Administration
Breed: Harness Division: Horse
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
SETTLEMENT AGREEMENT This Settlement Agreement is entered into between the Minnesota Racing Commission ("Commission") and Michael Wayne Oke ("Oke"), an individual licensed by the Commission as an owner pursuant to Minnesota Statutes and Rules. Collectively, the Commission and Oke shall be referred to herein as ''the Parties." This Settlement Agreement is subject to approval by the Board of Judges and the Commission's Executive Director.
RECITALS
  1. The Commission is responsible for regulating horse racing in Minnesota under Minnesota Statutes, Chapter 240, and Minnesota Rules, parts 7869 to 7899 to ensure that it is conducted in the public interest. The Commission's duties include issuing licenses to participants and taking all necessary steps to ensure the integrity of racing in Minnesota.
  2. Oke has at all relevant times held a license as an owner issued by the Commission, license number 5563. During the month of June 2019, Oke was an owner at a licensed race meet conducted by Running Aces under the jurisdiction of the Commission.
  3. As a former Presiding Judge for the Minnesota Racing Commission, Oke knew or should have known the requirements of Commission racing statutes and rules, including but not limited to rules governing licensing; eligibility and entering; and stakes races.
  4. On June 1 7, 2019, Edwin Quevedo ("Quevedo"), who at all relevant times held a license as a trainer issued by the Commission, acting at the direction of Oke, submitted a nomination form on behalf of A Piece of the Action, LLC, the purported owner of the horse "When You Dance", for the July 21, 2019 Dan Patch Free for All Pace stakes race ("Dan Patch FFA Stakes"). It is undisputed that on the date of the nomination, A Piece of the Action, LLC did not own When You Dance.
  5. On June 17, 2019, Oke was not licensed as an owner, trainer or the owner's authorized agent for When You Dance, as required by Minn. R. 7884.0200, Subp. 3(B) when making stakes nominations.
  6. On June 25, 2019, more than a week after nominations closed for the Dan Patch FFA stakes, When You Dance was claimed in Delaware by A Piece of the Action, LLC. Consistent with Delaware Rule 6.3.3.15, When You Dance was placed on the stewards list, which prohibited the horse from racing, entering, or qualifying in another state for a period of 60 days, with a release date of August 25, 2019.
  7. On July 3, 2019, Oke, acting as a de facto agent for A Piece of the Action, LLC, entered or caused to be entered When You Dance in an open handicap race to be run on July 7, 2019, necessitating that the horse be scratched by the Board of Judges under Minn. R. 7884.0120, Subp. 13, which provides that a horse on the stewards list shall not be entered until removed from the list.
  8. On or before June 17, 2019, Oke also delivered a nomination form to Racing Secretary Nancy Byrge for two other horses for the Dan Patch FFA Stakes, "Annihilator" and "Better Watch Out." Oke was not licensed as an owner, trainer, or authorized agent for Annihilator or Better Watch Out when he submitted the nomination form, as required by Minn. R. 7884.0200, Subp. 3(B). See also Minn. R. 7877.0130, Subp. 14; Minn. R. 7877.0135, part D; 7897.0100, Subp. 9 and Subp. 13.
  9. Oke was licensed by the Commission as an authorized agent for A Piece of the Action, LLC on July 9, 2019. At no time during the race meet was Oke licensed as an authorized agent for Little Bapa, LLC, the owner of Better Watch Out.
  10. This matter is currently subject to hearing before the Board of Judges. The parties now wish to resolve the matter without the need for an evidentiary hearing.
AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and the promises to be performed as set forth herein, the Parties agree as follows:
  1. The above recitals correctly state the facts that led up to this Settlement Agreement.
  2. Oke acknowledges that the actions described herein were in violation of Minnesota Rules, parts 7877.0130, Subp. 14; 7877.0135 (D); 7884.0120, Subp. 13; 7884.0200, Subp. 3 (B); 7897.0100, Subps. 9 and 13.
  3. Oke waives his right to a hearing pursuant to Minnesota Statutes, Section 240.08 and Minnesota Rules, Chapter 7897, and agrees not to further appeal this matter in any forum. The outcome of this matter will be controlled by the terms of this Settlement Agreement.
  4. This agreement is public and shall be included in Oke's license history with the Commission.
  5. The Commission hereby imposes a 90 day suspension of Oke's license and a $5000 fine for the violations.
  6. Prior to execution of this Settlement Agreement by the Commission, and no later than September 16, 2019, Oke will pay the $5000 fine in its entirety.
  7. Upon final approval and execution of this Settlement Agreement by the Commission, Oke's license shall be suspended and shall remain suspended for a total of 45 days commencing on September 18, 2019. The remaining 45 days of the suspension will then be stayed during the period of probation as described below. While his license is suspended, Oke is excluded from the grounds of all licensed racetracks under the jurisdiction of the Commission. During the period of suspension, Minnesota Rule 7877.0185 shall govern participation by Oke, his family members, and any other person whose licensure would serve, in essence, as a substitute for Oke.
  8. Oke shall be on probation for a period of one year, beginning on September 18, 2019. He shall not have any same or similar violations as those described above during the period of probation in any racing jurisdiction in the United States or Canada, including Minnesota. In the event of such a violation, the Commission may impose all or part of the stayed portion of the suspension. In that event, Oke agrees that the scope of any appeal of the imposition of the stayed portion of the suspension would be limited to the issue of whether there was in fact a same or similar violation during the period of probation.
  9. Oke shall fully cooperate with the Commission and its Board of Judges in monitoring compliance with the terms of probation by immediately reporting any violation to the Commission's Executive Director or Board of Judges. If Oke has incurred no same or similar violations as of the expiration of the probationary period described in paragraph 8, and does not otherwise violate the terms of this Settlement Agreement, his probation shall end on September 17, 2020 and the stayed portion of the suspension shall be forgiven.
  10. This Settlement Agreement is subject to approval of the Board of Judges and the Commission's Executive Director.
  11. Oke is aware of his legal rights in this matter, including the right to a hearing on the violations, the right to be represented by counsel, the right to confront and cross-examine witnesses, the right to present evidence and testimony on his behalf, and the right to request reconsideration or judicial review of any adverse decision. Oke knowingly and voluntarily gives up these rights in consideration for the agreements set forth herein. Oke acknowledges that he has read and fully understands the terms of this Settlement Agreement.
  12. The Parties shall bear their own costs and attorneys' fees in this matter and further agree to waive any and all claims and causes of action arising out of the violation described herein, including but not limited to any claims for attorneys' fees and costs.
  13. This Settlement Agreement constitutes the entire agreement between the parties relating to the violations and supersedes any prior written or oral arguments.
  14. This Settlement Agreement is public data pursuant to Minnesota Statutes, Chapter 13 ("Minnesota Government Data Practices Act") and all other applicable law. The Parties further understand and agree that release of information from Commission files about this matter is governed by the Minnesota Government Data Practices Act, and requests for access to data will be treated in accordance with the governing provisions of the Minnesota Government Data Practices Act and other applicable law.
  15. Nothing in this Settlement Agreement shall limit the Commission's authority to take action in response to future violations pursuant to its authority should circumstances so warrant.
  16. The persons signing this Settlement Agreement warrant that they have full authority to enter into this Settlement Agreement on behalf of the party or pat1ies which each represents, and that this Settlement Agreement is valid and enforceable as to those parties.
  17. This Settlement Agreement shall take effect upon approval by the Presiding Judge of the Board of Judges and the Commission 's Executive Director.
Michael Wayne Oke, Dated 9/14/2019 Renee Sheward, Presiding Judge Minnesota Racing Commission, Dated 09/17/2019 Tom DiPasquale, Executive Director, Minnesota Racing Commission, Dated 09/17/2019
Name: DARRELL L WRIGHT Ruling Date: 9/14/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19041 Ruling Type: Improper or Inhumane Treatment of Animal
Breed: Harness Division: Horse
Fine Amount: $ 400 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Darrell Wright who drove horse #2 WHO'SZOOMINWHO in the eight race finishing 1st on September 1 O, 2019 at Running Aces Racetrack and Casino is hereby fined the sum of four hundred (400.00) dollars for violation of the MRC Rule 7884.0260 Subpart 7 - Use of stirrups - fourth offense
Name: DONALD DAVID HARMON Ruling Date: 9/14/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19040 Ruling Type: Improper or Inhumane Treatment of Animal
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Don Harmon who drove #3 SKIM THE TOP on September 10, 2019 at Running Aces Racetrack and Casino finishing 3rd is hereby fined the sum of one hundred ($100.00) dollars for violation of the MRC Rule 7884.0260 Subpart 7 - Use of stirrups - First offense
Name: NICK R ROLAND Ruling Date: 9/14/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19039 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Driver Nick Roland who drove horse #6 FIREDRAKE at Running Aces Racetrack and Casino finishing 2 nd on September 10, 2019 is hereby fined the sum of one hundred ($100.00) dollars for violation of the MRC Rule # 7879.0260 Subpart 2 T 1 - Whipping first offense
Name: HAROLD RAY ASHFORD Ruling Date: 9/13/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19099 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Mixed Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer H. Ray Ashford, Jr. is hereby assessed a civil penalty of $250 for failing to have "Tribal Transit" present on the grounds for pre-race inspection at the designated time necessitating a scratch in the Eighth Race on August 2, 2019. While Mr. Ashford called to scratch "Tribal Transit" she was entered in two jurisdictions and ran at Prairie Meadows on August 3, 2019.

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-- General authority. 7876.0110 (Off-Track Stabling) Subp. 3 (Horse must be at racetrack for race day inspection) 7897.0130 (Schedule of Fines) Subp. 6 Timetable for paying fines (within 72 hours of ruling date)

Name: EDWARD T BAIRD Ruling Date: 9/13/2019
Jurisdiction: Illinois Racing Board Facility: Arlington Park
Ruling Number: 191043 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: AFTER AN INQUIRY IN THE ARLINGTON PARK RACE TRACK STEWARDS OFFICE ON THURSDAY 12 SEPTEMBER 2019, RELATIVE TO AN ARLINGTON PARK SECURITY REPORT DATED 7 SEPTEMBER 2019 AS WELL AS A ILLINOIS RACING BOARD INCIDENT REPORT DATED 7 SEPTEMBER 2019, THE STEWARDS FIND JOCKEY EDWARD T. BAIRD IN VIOLATION OF IRB RULE 508.30 B) AND PURSUANT TO IRB RULE 508.40 D) THE JOCKEY LICENSE OF EDWARD T. BAIRD IS HEREBY REVOKED (4TH VIOLATION).
Name: MATTHEW B. WERNER-HAGERTY Ruling Date: 9/13/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-121 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On Friday September 13, 2019 a conference was held with jockey Matthew B. Werner-Hagerty regarding his failure to fulfill his riding engagements on Sunday September 8, 2019. After hearing testimony jockey Matthew B. Werner-Hagerty is hereby assessed a fine of $100.00. . WAC 260-32-080

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

Name: JESUS ZUNIGA LEMUS Ruling Date: 9/13/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-122 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/21/2019 Suspension End: 3/18/2020
Ruling Text: On Friday, September 13, 2019 a ruling conference was held with groom Jesus Z. Lemus at which time evidence was presented and testimony heard. The WHRC investigator provided documentation from Sterling Reference Laboratories confirming a positive urine sample for THC, amphetamine and methamphetamine. Accordingly, the WHRC license of Jesus Z. Lemus is hereby suspended 180 days (one hundred eighty-days) September 21, 2019 through and inclusive of March 19, 2020, for violation of WAC 260-34-020, second offense within 365 days.

WAC 260-24-510 WAC 260-34-020 (1) WAC 260-84-065 (3,b)

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

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

Name: HOWARD E BELVOIR Ruling Date: 9/12/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-120 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 400 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: A stewards conference was scheduled with trainer Howard Belvoir regarding a laboratory report that was received from ALS Truesdail Laboratories, Inc., indicating that blood sample #22501, taken from the horse Muncey, the first place finisher of the eighth race at Emerald Downs on Sunday August 18, 2019 was found to contain phenylbutazone at 4.1 micrograms / ml +/- 0.29 micrograms / ml. This amount is above the threshold for phenylbutazone of 2.0 micrograms / ml. Trainer Howard Belvoir was informed of, and waived his rights to a formal conference. Accordingly trainer Howard Belvoir is hereby assessed a fine of four hundred dollars ($400.00). (Second offense in a three hundred sixty five day period). The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

Additionally, due to this penalty, trainer Howard Belvoir will be assigned 0.5 Multiple Medication Violation Points.

WAC 260-28-295 WAC 260-70-620(1) WAC 260-84-120

Name: LARRY J GARY Ruling Date: 9/12/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19100 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Class C license application submitted to the Minnesota Racing Commission (MRC) by Exercise Rider Larry Gary on May 17, 2019, is hereby denied.

Mr. Gary falsified his license application by failing to report his complete criminal history. On his license application, Mr. Gary referenced a 2015 arrest charging him with "Possession of marijuana."

MRC Investigative staff reported finding the above-referenced citation to have occurred on January 10, 2014, and the arrest and charge to be "Possession with Intent to Distribute Synthetic Marijuana," a felony.

Further, MRC Investigative staff found record of Mr. Gary being charged with Second Degree Battery and Aggravated Battery, both felonies, on October 4, 2014. Mr. Gary was given an opportunity and deadline to meet with an MRC Investigator, but failed to show up or respond with information on the second degree felony charges and their disposition.

On July 6, 2019, Mr. Gary was the subject of a Canterbury Park Security Department, which stated that Mr. Gary was reported to have brandished a handgun on another individual in the stable area on July 3, 2019. When Security officers located Mr. Gary in the stable area later that day, he consented to a search of his vehicle. The search did not turn up a handgun, but did locate a handgun holster and several knives.

On July 4, 2019, Mr. Gary engaged in disruptive behavior in the Canterbury Park cardroom where he threw his chips on a table, intentionally knocked over a beer bottle on the table and profanely addressed the female dealer.

On July 7, 2019, Mr. Gary was excluded from the grounds by the management of Canterbury Park for disorderly conduct.

Having been denied, Mr. Gary is ineligible to apply for a license from the MRC until he provides satisfactory information about the disposition of the two 2014 felony charges. If Mr. Gary produces documents that clear him of the felony charges, he will still be ineligible for licensing by the MRC for two years from the date of this ruling, pursuant to Rule 7897.0120 Subp. 4.A. and is denied privileges of the grounds of all racetracks under the jurisdiction of the MRC.

Minnesota Statute(s): 240.08 Occupation Licenses. Subd. 2(a). - Certain occupational licenses. 240.25 Prohibited Acts. Subd. 6 False statement. 240.27 Exclusion of Certain Persons. Subd. 1.(1)(3) - Persons excluded.

Minnesota Rules: 7879.0200 Authority and Duties of Stewards. Subp. 1.A.D. -- General authority. 7877.0100 General Requirements. Subp. 2. - Licensing criteria. 7877.0110 Procedure for Obtaining Class C License. Subp. 3. - Application submission. 7877.0125 Criteria for Determining Eligibility. Subp. 2. - Burden of proof. 7877.0155 Conditions Precedent to Licensing. Pgh. C.H. 7897.0100 Prohibited Acts. - Subp. 6a. - Hostile acts. 7897.0120 Disciplinary Sanctions. Subp. 1. - Sanctions; Subp. 4.A. - Effect of sanctions.

Name: EDWIN ALBERTO QUEVEDO Ruling Date: 9/11/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19038 Ruling Type: Necessitating a Late Scratch
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Edwin Quevedo is hereby fined the sum of one hundred ($100.00) dollars for his involvement of the improper entry of the horse WHEN YOU DANC E resulting in a scratch on July 7th, 2019. Trainer Quevedo was following the instructions of his suspervisor. MRC Rule 7884.0200 Subpart 9 Any horse that is on the Judges list shall not be eligible to enter until removed from the judges list MRC Rule 7884.0200 Subpart 9 - Restrictions MRC Rule 7879.0200 Subpart 1 - Judges Authority
Name: MAURO SALCEDO Ruling Date: 9/11/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-8 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 Mauro Salcedo was summoned and appeared before the Board of Stewards on September 11, 2019, for failure to make sufficient effort to control his mount “Paramounte” in the 8th race on September 2, 2019, Ruidoso Downs.

The Board of Stewards hereby assess Mauro Salcedo. a fine in the amount of two hundred dollars, ($200.00). This fine is to be paid on or before October 2, 2019, 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 and this ruling is written in accordance with:

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.

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: JORGE RENE TORRES Ruling Date: 9/10/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-50 Ruling Type: Failure to Follow Facility Regulations
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: HAVING WAIVED HIS RIGHT TO PRESENT EVIDENCE AND TESTIMONY TO THE BOARD OF STEWARDS, JOCKEY JORGE TORRES IS HEREBY FINED $200.00 FOR SMOKING IN THE JOCKEY?S QUARTERS ON SEPTEMBER 8, 2019. THIS IS MR. TORRES?S FIRST OFFENSE.
Name: DARRELL L WRIGHT Ruling Date: 9/9/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19036 Ruling Type: Improper or Inhumane Treatment of Animal
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Darrell Wright who drove horse# WHATCHYASTARINAT in the seventh race at Running Aces Racetrack and Casino finishing second is hereby fined the sum of three hundred ($300.00 ) dollars for violation of MRC Rule 7884 .. 0260 Subpart 7 - Use of stirrups - Third offense MRC Rule 787 9.0200 Subpart 1 (A)(B) - Judges Authority MRC Rule 7884.0260 Subpart 7 - Use of stirrups
Name: DARRELL L WRIGHT Ruling Date: 9/8/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19035 Ruling Type: Improper or Inhumane Treatment of Animal
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Darrell Wright who drove horse #5 A LITTLE RUSTY in the second race at Running Aces Racetrack and Casino finishing fourth is hereby fined the sum of two hundred ($200.00 ) dollars for violation of MRC Rule 7884.0260 Subpart 7 - Use of Stirrup - Second offense MRC Rule 78 79.0200 Subpart 1 (A)(B) - Judges Authority MRC Rule 7884.0260 Subpart 7 - Use of Stirrup
Name: JUAN PULIDO Ruling Date: 9/8/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-49 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 400 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: A hearing was held for Jockey Juan Pulido on September 8, 2019 for an alleged violation of excessive whipping of his horse “Manard Kidd” during the running of the eighth race on September 7, 2019.

Jockey Pulido testified he hit his horse too many times during the race.

The Board finds Jockey Juan Pulido’s use of the whip excessive and in violation of 491 IAC 10.5(2)”j”(4). This is Jockey Pulido’s second offense of the current race meet. Therefore, the Board hereby fines Jockey Juan Pulido four hundred dollars ($400.00.)

Name: Anastasios Chalaris Ruling Date: 9/8/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-54 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA- Rule Careless Riding
Name: Anastasios Chalaris Ruling Date: 9/8/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-54-FO Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-54 - Ruling Final Outcome
Name: KELLY KRISTOPHER CROSS Ruling Date: 9/7/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Sweetwater County Fairgrounds
Ruling Number: 2019-SD-3 Ruling Type: Failure to Complete License Procedure
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/7/2019 Suspension End:
Ruling Text:
Ruling No. #19-0029
In the Disciplinary Matter of Owner, Kelly Cross, License Number 19-0616
On Saturday, September 7, 2019 the Board of Stewards conducted an informal hearing regarding the failure of Kelly Cross to provide the necessary documents for an owner’s license to the Wyoming Pari Mutuel Commission within the time stipulated by the WPMC Temporary License Agreement, a copy of which is attached hereto.

The Stewards took note of this action pursuant to the authority and duties given to them by Wyoming Pari Mutuel Commission (WMPC) Rule Chapter 5 Section 16 (w) “The Stewards shall take notice of questionable conduct with or without a complaint thereof.”

The specific matters of concern are those stated below: The Board of Stewards find that Kelly Cross was issued a temporary owner’s license on June 16, 2019 which expired on June 26, 2019. The Board of Stewards also find that under the terms of the Temporary License Agreement the owner was required to provide the necessary documents within 10 days of the date of issue. The Board of Stewards find that Kelly Cross’s failure to complete the license application process is in violation of WMPC rules Chapter 7 Section 1 (a) and Section 7 (a).

Pursuant to the authority granted to the Board of Stewards by W.S.§ 11-25-104 (g), (iii) the Board of Stewards have determined that Kelly Cross is ineligible for licensing by the Wyoming Pari Mutuel Commission and shall remain ineligible for licensing until such time as the licensing process has been completed.

Further Kelly Cross is denied access to all racing and OTB facilities under the control of the Wyoming Parri Mutuel Commission until such time as his licensing process has been completed

This decision of the Board of Stewards may be appealed to the Wyoming Pari Mutuel Commission as provided by Wyoming Pari Mutuel Commission Rules Chapter 3 and to the state courts as provided by law.

Board of Stewards: Larry Eliason / Jorge Estrada / Pat Mackey

Name: RICHARD WINBERG Ruling Date: 9/7/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Sweetwater County Fairgrounds
Ruling Number: 2019-SD-4 Ruling Type: Failure to Complete License Procedure
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/7/2019 Suspension End: 9/17/2019
Ruling Text:
Ruling No. #19-0031
In the Disciplinary Matter of Owner Richard Winberg
Temporary License Number 19-0943
On Saturday, September 7, 2019 the Board of Stewards conducted an informal hearing regarding the failure of Richard Winberg’s failure to provide the documents necessary for an owner’s license application to the Wyoming Pari Mutuel Commission within the time stipulated by the WPMC Temporary License Agreement, a copy of which is attached hereto.

The Stewards took note of this action pursuant to the authority and duties given to them by Wyoming Pari Mutuel Commission (WMPC) Rule Chapter 5 Section 16 (w) “The Stewards shall take notice of questionable conduct with or without a complaint thereof.”

The specific matters of concern are those stated below: The Board of Stewards find that Richard Winberg was issued a temporary owner’s license on July 13, 2019 which expired July 23, 2019.Board of Stewards also find that under the terms of the Temporary License Agreement the owner was required to provide the necessary documents within 10 days of the date of issue. The Board of Stewards find that Richard Winberg’s failure to complete the license application process is in violation of WMPC rules Chapter 7 Section 1 (a) and Section 7 (a).

Pursuant to the authority granted to the Board of Stewards by W.S.§ 11-25-104 (g), (iii) the Board of Stewards have determined that Richard Winberg is ineligible for licensing by the Wyoming Pari Mutuel Commission and shall remain ineligible for licensing until such time as the licensing process has been completed.

Further Richard Winberg is denied access to all racing and OTB facilities under the control of the Wyoming Parri Mutuel Commission until such time as his licensing process has been completed

This decision of the Board of Stewards may be appealed to the Wyoming Pari Mutuel Commission as provided by Wyoming Pari Mutuel Commission Rules Chapter 3 and to the state courts as provided by law.

Board of Stewards: Larry Eliason / Jorge Estrada / Pat Mackey

Name: Jess Ryan Matt Ruling Date: 9/7/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Sweetwater County Fairgrounds
Ruling Number: 2019-SD-5 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No. #19-0033
In the Disciplinary Matter of Owner/Trainer Jess Matt License Number 19-0331
On Saturday, September 7, 2019 the Board of Stewards conducted an informal hearing regarding the conduct of Jess Matt in the barn area of the Sweetwater Downs following the running of the races on or about August 24, 2019.

The Stewards took note of this action pursuant to the authority and duties given to them by Wyoming Pari Mutuel Commission (WMPC) Rule Chapter 5 Section 16 (w) “The Stewards shall take notice of questionable conduct with or without a complaint thereof.” : The matters of concern those stated below. The Board of Stewards find that : Jess Matt was involved in a physical altercation in the barn area of the Sweetwater Events Center, Rock Springs, Wyoming on or about August 24, 2019. That area is under the jurisdiction of the WPMC. As a result of the altercation city and county law enforcement officers were called to that area. On or about September 3, 2019 Jess Matt pleaded guilty in Rock Springs, Wyoming Municipal Court to a charge of breach of peace-physical and paid a fine to the court.

The Stewards find Jess Matt’s conduct as described above to be detrimental to pari mutual events approved by the Commission and in violation of WPMC Rule Chapter 7 Section 1 (x).

For this offenses the Board of Stewards imposes a fine of One Hundred Dollars ($100.00). The Stewards note that the fine has been paid.

This decision of the Board of Stewards may be appealed to the Wyoming Pari Mutuel Commission as provided by Wyoming Pari Mutuel Commission Rules Chapter 3 and to the state courts as provided by law.

Board of Stewards: Larry Eliason / Jorge Estrada / Pat Mackey

Name: CASEY ALAN GREENE Ruling Date: 9/7/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Sweetwater County Fairgrounds
Ruling Number: 2019-WYO-17 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No. #19-0034
In the Disciplinary Matter of Owner Casey Greene License Number 19-0965
On Saturday, September 7, 2019 the Board of Stewards conducted an informal hearing regarding the conduct of Casey Greene in the barn area of the Sweetwater Downs following the running of the races on or about August 24, 2019.

The Stewards took note of this action pursuant to the authority and duties given to them by Wyoming Pari Mutuel Commission (WMPC) Rule Chapter 5 Section 16 (w) “The Stewards shall take notice of questionable conduct with or without a complaint thereof.” : The matters of concern those stated below. The Board of Stewards find that : Casey Greene was involved in a physical altercation in the barn area of the Sweetwater Events Center, Rock Springs, Wyoming on or about August 24, 2019. That area is under the jurisdiction of the WPMC. As a result of the altercation city and county law enforcement officers were called to that area. On or about September 3, 2019 Casey Greene pleaded guilty in Rock Springs, Wyoming Municipal Court to a charge of breach of peace-physical and paid a fine to the court.

The Stewards find Casey Greene’s conduct as described above to be detrimental to pari mutual events approved by the Commission and in violation of WPMC Rule Chapter 7 Section 1 (x).

For this offenses the Board of Stewards imposes a fine of One Hundred Dollars ($100.00). The Stewards note that the fine has been paid.

This decision of the Board of Stewards may be appealed to the Wyoming Pari Mutuel Commission as provided by Wyoming Pari Mutuel Commission Rules Chapter 3 and to the state courts as provided by law

Board of Stewards: Larry Eliason / Jorge Estrada / Pat Mackey

Name: CLIFTON GEORGE DENNIS Ruling Date: 9/7/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Sweetwater County Fairgrounds
Ruling Number: 2019-SD-7 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Ruling No. #19-0035
In the Disciplinary Matter of Owner Trainer Clifton Dennis License Number 19-1075
On Saturday, September 7, 2019 the Board of Stewards conducted an informal hearing regarding the conduct of Clifton Dennis on the race track and in front of the grandstand of Sweetwater Downs following the running of the 8th race at Sweetwater Downs on August 31, 2019.

Mr. Dennis was given notice of the hearing by personal serviced by an employee of the Wyoming Mutuel Commission at Sweetwater Downs on September 1, 2019. He failed to appear at the hearing or to contact the stewards to request a continuance.

The Stewards took note of this action pursuant to the authority and duties given to them by Wyoming Pari Mutuel Commission (WMPC) Rule Chapter 5 Section 16 (w) “The Stewards shall take notice of questionable conduct with or without a complaint thereof.” : The matters of concern are those stated below. : Clifton Dennis was the owner and trainer of horse number 1 in the 8th race at Sweetwater Downs on August 31, 2019. The winner of the race was horse number 2 and horse number 1 finished second. Following the running of that race Mr. Dennis filed a trainer’s object against horse number 2. The Stewards did not allow the objection. When the announcement was made that the objection was not allowed Mr. Dennis displayed an obscene gesture toward the stewards' stand while standing in front of the grandstand.

The Stewards find Clifton Dennis’ conduct as described above to be detrimental to pari mutual events approved by the Commission and in violation of WPMC Rule Chapter 7 Section 1 (x).

For this offense the Board of Stewards imposes a fin e of Two Hundred Dollars ($200.00) to be paid to the Wyoming Pari Mutuel Commission at the address printed above not later than September 23, 2019.

Under the authority of WMPC Rule Chapter 5 Section 16 c the Stewards impose a fine of One Hundred Dollars ($100.00) for the offense of failure to appear before the Board of Stewards when directed to do so. This fine is also to be paid to the Wyoming Pari Mutuel Commission at the address printed above not later than September 23, 2019.

This decision of the Board of Stewards may be appealed to the Wyoming Pari Mutuel Commission as provided by Wyoming Pari Mutuel Commission Rules Chapter 3 and to the state courts as provided by law

Board of Stewards: Larry Eliason / Jorge Estrada / Pat Mackey

Name: RANDY D CRISLER Ruling Date: 9/5/2019
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2019-RM-13 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING #J2019-21

HORSE: ONE STOP DEAL (NO:2H3499 - GENDER: G - YOF: 2010 - WESTERN IDEAL - ARTSTOPPER - ARTSPLACE)

PENALTY DESCRIPTION - FINED: $100

ADDITIONAL INFORMATION - 810 KAR 5:070 SEC.9(3)(B) RANDY CRISLER IS HEREBY ASSESSED A CIVIL PENALTY OF $100.00 FOR USING THE WHIP IN A MANNER OTHER THAN WRIST AND ELBOW.

Name: PAUL WAYNE KNIGHT Ruling Date: 9/19/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 19-FMT-015-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 8/1/2019 Suspension End: 4/26/2020
Ruling Text: RE: 19-FMT-015B- Ruling Final Outcome…IT IS ORDER OF THE BOARD OF STEWARDS AT RP THAT OWNER/TRAINER MR. KNIGHT IS FINED $2500 AND SUSPENDED 270 DAYS BEGINNING 8/1/19-4/26/20. DURING THE TERM OF HIS SUSPENSIONS, MR. KNIGHT IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACE TRACKS AND PUBLIC AREAS UNDER OHRC JURISDICTION. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM 1ST PLACE AND SHALL REMAIN UNPLACED.
Name: PAUL WAYNE KNIGHT Ruling Date: 9/5/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 19-FMT-015 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 8/1/2019 Suspension End: 4/26/2020
Ruling Text: A REPORT WAS RECEIVED THAT THE URINE SAMPLE FROM THE HORSE "PEVES CANDY COWBOY" THAT PLACED 1ST IN THE 10TH RACE ON JULY 10, TESTED POSITVE FOR THE DRUG RACTOPAMINE. ON AUGUST, 1ST, 19 WRD BOARD OF STEWARDS DETERMINED THAT THE PUBLIC HEALTH SAFETY, AND WELFARE IS AT RISK BECAUSE THE DRUG IS A PROHIBITED SUBSTANCE WITH NO THRESHOLD LEVEL FOR QUARTERHORSES AND CAN EFFECT THE PERFORMANCE OF THE HORSE AND BETTING WELFARE OF THE PUBLIC. THEREFORE, OWNER/TRAINER, PAUL WAYNE KNIGHT IS SUSPENSED EFFECTIVE AUGUST 1, 2019. AND CONTINUING PENDING THE HEARING AND FINALS DETERMINATION. DURING THE TERM OF HIS SUSPENSION, MR. KNIGHT IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACE TRACKS AND PUBLIC AREAS UNDER THE JURISDICTION OF OHRC.

ORDER TO APPEAR FOR SHOW CAUSE HEARING…

Name: PAUL WAYNE KNIGHT Ruling Date: 9/5/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 19-FMT-015-CC Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 8/1/2019 Suspension End: 4/26/2020
Ruling Text: RE 19-FMT-015A - Case Continued…ORDER ON SHOW CAUSE HEARING OF ORDERS OF SUMMARY SUSPENSION. 8/14/19 THE MATTER CAME BEFORE RP BOARD OF STEWARDS THE ORDER OF SUMMARY SUSPENSION ISSUED TO OWNER TRAINER PAUL KNIGHT. MR. KNIGHT APPEARED IN PERSON AND WAS NOT REPRESENTED BY COUNSEL. AFTER HEARING ARGUMENTS, THE RP BOS FINDS THAT MR. KNIGHT FAILED TO SHOW CAUSE, AND IT IS THE ORDER OF THE BOS THAT MR. KNIGHT SHALL REMAIN SUSPENDED UNTIL THE FINAL HEARING IS HELD AND A DETERMINATION IS MADE.
Name: IRVING DELGADO Ruling Date: 9/12/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-1-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/5/2019 Suspension End: 9/12/2019
Ruling Text: RE: 2019-NMS-1 - Restored to Good Standing
Name: IRVING DELGADO Ruling Date: 9/5/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2019-NMS-1 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/5/2019 Suspension End: 9/12/2019
Ruling Text: Jockey Irving Delgado Bustillos is hereby suspended, effective immediately September 5, 2019, for failing to pay the fine ($200) assessed in Ruling 2019-DAA-8.

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

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JACQUELYN A BOBROFF Ruling Date: 9/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-46 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Jacquelyn Bobroff, was duly notified and appeared before the Board of Stewards on September 1, 2019. The hearing was in regard to Jacquelyn Bobroff misuse of the whip on her mount “Right Down Streakin” in the 7th race on August 31, 2019, at the Downs of Albuquerque.

The Board of Stewards hereby fines Jacquelyn Bobroff in the amount of three hundred dollars ($300.00). The fine is to be paid on or before October 3, 2019, in accordance with 15.2.3.8(B)(3)(K) NMAC. Failure to pay the fine within the time prescribed will result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with 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. 16.47.1.8(U)(2)PROTECTION OF HORSES No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care 16.47.1.8 (L)(1)(i) – 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 15.2.1.9(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):

Name: David Cabrera Ruling Date: 9/3/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-46 Ruling Type: Failure to Report or Appear
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having waived his right to present evidence and testimony, Jockey David Cabrera his hereby fined one hundred dollars ($100.00) for failing to report to the paddock for the third race on August 27, 2019 at the designated time.
Name: MICHAEL A ALTSTADT Ruling Date: 9/2/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0084 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/10/2018 Suspension End: 9/2/2019
Ruling Text: Stable Employee: Michael A. Altstadt (D.O.B. 4/4/1969)

Michael A. Altstadt having appeared before the Board of Stewards and having had his formal ejection from Ellis Park lifted, is hereby reinstated and eligible for a license.

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

BY ORDER OF THE STEWARDS

Name: MARTIN L CHUAN Ruling Date: 9/2/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0085 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/8/2019 Suspension End: 9/10/2019
Ruling Text: Jockey: Martin Chuan (D.O.B. 5/2/1995)

After a hearing before the Board of Stewards, Martin Chuan, who rode ALEX OF ICE in the second race at Ellis Park on September 1, 2019 is hereby suspended three (3) racing days, September 8, September 12 and September 13 for careless riding resulted in the disqualification of his mount.

810 KAR 4:040 Section 13

By Order of the Stewards

Name: SAMUEL CAMACHO Ruling Date: 9/2/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0086 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey: Samuel Camacho, Jr. (D.O.B. 11/5/1991)

After waiving your right to a hearing before the Board of Stewards you are hereby fined ONE HUNDRED ($100.00) DOLLARS for failure to fulfill your riding engagement in the second race at Ellis Park on August 30, 2019. 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 3:020 Section 15 (cc).

810 KAR 4:070 Section 11

By Order of the Stewards

Name: SAM SEMKIN Ruling Date: 9/2/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0087 Ruling Type: License Type Changed
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Racing Official: Sam Semkin (D.O.B. 7/7/1958)

The Racing Official license of Sam Semkin is hereby rescinded without prejudice as he is no longer working in that capacity.

Discontinuance of activity for which a license was issued 810 KAR 3:020, Section 15, Subsection (aa)

By Order of the Stewards

Name: Troy A Levy Ruling Date: 9/2/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0088 Ruling Type: License Type Changed
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Racing Official: Troy A. Levy (D.O.B. 5/23/1967)

The Racing Official license of Troy Levy is hereby rescinded without prejudice as he is no longer working in that capacity.

Discontinuance of activity for which a license was issued 810 KAR 3:020, Section 15, Subsection (aa)

By Order of the Stewards

Name: JENIFER SCHMIDT Ruling Date: 9/2/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19094 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jennifer Schmidt is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking her mount "KOOL ATTEMPT" more than three consecutive times without pausing during the stretch run of the 1st Race at Canterbury Park on September 1, 2019 (1st whip rule violation during the 2019 Canterbury Park meet).

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

Name: MADELYN A ROYAL Ruling Date: 9/1/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0079 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 9/13/2019 Suspension End: 9/22/2019
Ruling Text: Owner/Trainer: Madelyn A. Royal (D.O.B. 10/27/1956)

Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at UIC Analytical Forensic Testing Laboratory, sample number E300984 taken from MISS PINKERTON, the winner of the seventh race at Turfway Park on February 14, 2019 contained Diclofenac (9.31 +/- 0.83 ng/ml in blood) (Class C) (2nd offense in 365 days). After waiving your right to a formal hearing before the Board of Stewards you are hereby suspended TEN (10) days, September 13, 2019 through September 22, 2019 (inclusive) and fined ONE THOUSAND FIVE HUNDRED ($1,500.00) DOLLARS. MISS PINKERTON is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. During her suspension Ms. Royal is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Entry of all horses owned or trained by Ms. Royal 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 3:020 Section 15 (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)©

Name: MADELYN A ROYAL Ruling Date: 9/20/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0079-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 9/13/2019 Suspension End: 9/22/2019
Ruling Text: RE: #19-0079 - Appeal Stay Granted Pending the Appeal Process
Name: MADELYN A ROYAL Ruling Date: 9/1/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0080-1 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners: Madelyn A. Royal (10/27/1956) and Edward Bray (5/5/1952)

Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at UIC Analytical Forensic Testing Laboratory, sample number E300984 taken from MISS PINKERTON, the winner of the seventh race at Turfway Park on February 14, 2019 contained Diclofenac (9.31 +/- 0.83 ng/ml in blood) (Class C). After waiving their right to a formal hearing before the Board of Stewards, MISS PINKERTON 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 # 2 BEE BALM 2nd # 6 MY MIDNIGHT AFFAIR 3rd # 1 SLIPPERY 4th # 5 CELESTIAL ORB 5th # 7 WARRIOR’S PATH 6th # 3 TALE OF TIARA 7th # 4 SMARTENS CANDY

Disqualified # 8 MISS PINKERTON

810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section (6)(7) 810 KAR 1:018 Section 2, subsection (2)(5)(6) 0810 KAR 1:028 Section 4, subsection 3(a)(c) BY ORDER OF THE STEWARDS

Name: MADELYN A ROYAL Ruling Date: 9/20/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0080-1-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: #19-0080-1 - Appeal Stay Granted Pending the Appeal Process
Name: EDWARD L. BRAY Ruling Date: 9/1/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0080-2 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners: Madelyn A. Royal (10/27/1956) and Edward Bray (5/5/1952)

Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at UIC Analytical Forensic Testing Laboratory, sample number E300984 taken from MISS PINKERTON, the winner of the seventh race at Turfway Park on February 14, 2019 contained Diclofenac (9.31 +/- 0.83 ng/ml in blood) (Class C). After waiving their right to a formal hearing before the Board of Stewards, MISS PINKERTON 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 # 2 BEE BALM 2nd # 6 MY MIDNIGHT AFFAIR 3rd # 1 SLIPPERY 4th # 5 CELESTIAL ORB 5th # 7 WARRIOR’S PATH 6th # 3 TALE OF TIARA 7th # 4 SMARTENS CANDY

Disqualified # 8 MISS PINKERTON

810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section (6)(7) 810 KAR 1:018 Section 2, subsection (2)(5)(6) 0810 KAR 1:028 Section 4, subsection 3(a)(c) BY ORDER OF THE STEWARDS

Name: EDWARD L. BRAY Ruling Date: 9/20/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0080-2-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: #19-0080-2 - Appeal Stay Granted Pending the Appeal Process
Name: MADELYN A ROYAL Ruling Date: 9/1/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0081 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/23/2019 Suspension End: 12/21/2019
Ruling Text: Owner/Trainer: Madelyn A. Royal (D.O.B. 10/27/1956)

After waiving her right to a formal hearing before the Board of Stewards Madelyn A. Royal is hereby suspended NINETY (90) DAYS September 23, 2019 through December 21, 2019 (inclusive) for possession of injectable medications, hypodermic syringes and needles “by a person other than a veterinarian licensed to practice veterinary medicine” discovered during a search of barn 1 at Highpointe Training Center on March 8, 2019, a location under the jurisdiction of the Kentucky Horse Racing Commission. During her suspension Ms. Royal is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Entry of all horses owned or trained by Ms. Royal is denied pending transfer to persons acceptable to the stewards.

810 KAR 1:018 Section 3, subsections (1)(3) 810 KAR 1:018 Section 14 810 KAR 1:018 Section 20, subsection (1) 810 KAR 1:025 Section 14, subsection (i)(jj) 1. 2.

BY ORDER OF THE STEWARDS

Name: MADELYN A ROYAL Ruling Date: 9/20/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0081-ASG Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/23/2019 Suspension End: 12/21/2019
Ruling Text: RE: #19-0081 - Appeal Stay Granted Pending the Appeal Process
Name: TROY GREEN Ruling Date: 9/1/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0082 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 9/7/2019 Suspension End: 9/21/2019
Ruling Text: Owner/Trainer: Troy Green (D.O.B. 4/29/1956)

Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, sample number E312349 taken from DADDY’S ON STRIKE, who finished fifth in the second race at Churchill Downs on May 30, 2019 contained Clenbuterol (1710 pg/ml in urine) (Class B). After a formal hearing before the Board of Stewards Troy Green is hereby suspended THIRTY (30) days and fined FIVE HUNDRED ($500.00) DOLLARS. Due to mitigating circumstances, FIFTEEN (15) days are to be served from September 7, 2019 through September 21, 2019 (inclusive). The remaining FIFTEEN (15) days are stayed on the condition that no Class A, Class B or Class C medication violation occurs in any racing jurisdiction within 365 days from the date of this ruling. DADDY’S ON STRIKE is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. During his suspension Mr. Green 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. Green 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 1:018 Section 2 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028, Section 4, subsection (2)(a)(b) BY ORDER OF THE STEWARDS

Name: MARK F. SECREST Ruling Date: 9/1/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0083 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: Mark Secrest (D.O.B. 4/8/1964)

Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, sample number E312349 taken from DADDY’S ON STRIKE, who finished fifth in the second race at Churchill Downs on May 30, 2019 contained Clenbuterol (1710 pg/ml in urine) (Class B). After waiving your right to a formal hearing before the Board of Stewards, DADDY’S ON STRIKE 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 #1a POW 2nd # 1 SPEED APP 3rd # 4 MOTI 4th # 2 FRONT PAGE 5th # 6 LETTING OFF STEAM 6th # 5 LOVEATTURKEYCLUB

Disqualified # 3 DADDY’S ON STRIKE

810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section (6)(7) 810 KAR 1:018 Section 2, subsection (2)(5)(6) 810 KAR 1:028 Section 4, subsection 2(a) 1.(c)

BY ORDER OF THE STEWARDS

Name: MANUEL C ROMAN Ruling Date: 8/31/2019
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: RETA3501 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner-Trainer, Manuel Contreras Roman, having been duly noticed, waived his right to a formal hearing and his right to appeal before the Retama Park Board of Stewards on 08/31/2019. Pursuant to an agreed settlement, Mr. Roman is hereby fined fifty ($50.00) dollars for having a positive breathalyzer test result of 0.012 while in the performance his duties at Retama Park on 07/13/2019.

1st violation in this classification.

Name: PEDRO LUIS CARMONO Ruling Date: 8/31/2019
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: RETA3502 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Exercise rider Pedro Carmona having been duly noticed, waived his right to a formal hearing and entered into an agreed settlement with the Retama Park Board of Stewards on 08/31/19. Mr. Carmona is hereby fined fifty ($50) dollars. On 08/30/19 Mr. Carmona was found in possession of 3 bottles of Modelos in his dorm room.

First violation in the previous 365 days.

Name: Rene Lopez-Gomez Ruling Date: 8/31/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Sweetwater County Fairgrounds
Ruling Number: 2019-SD-1 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/31/2019 Suspension End: 9/20/2019
Ruling Text:
Ruling No. #19-0027
In the Disciplinary Matter of Rene Lopez
Jockey License Number 19-1087
On Saturday, August 31, 2019 the Board of Stewards conducted an informal hearing regarding the nonpayment of a fine by Jockey Rene Lopez.

The Stewards took note of this action pursuant to the authority and duties given to them by Wyoming Pari Mutuel Commission (WMPC) Rule Chapter 5 Section 16 (w) “The Stewards shall take notice of questionable conduct with or without a complaint thereof.”

The specific matter of concern is that the Board of Stewards issued Ruling Number 19-0023 which imposed a fine of $100.00 on Mr. Lopez for failure to fulfill his engagement to ride the first race at Wyoming Downs on August 11, 2019. The Stewards set a deadline for payment of that fine no later than August 25, 2019. As of August 2, 2019 that fine has not been paid.

This is violation of WMPC rule Chapter 5 Section 1 (o) all fines shall be paid within 48 hours after imposition.

Pursuant to the authority granted to the Board of Stewards .W.S.§ 11-25-104 (g), (iii) the Board of Stewards for the offense of failure to pay the fine in a timely manner the Stewards hereby suspend the owner –trainer license of Mr. Gonzalez until such time as the fine has been paid. If the fine is not paid by October 5,, 2019 this matter is referred to the Wyoming Pari Mutuel Commission for further action.

This decision of the Board of Stewards may be appealed to the Wyoming Pari Mutuel Commission as provided by Wyoming Pari Mutuel Commission Rules Chapter 3 and to the state courts as provided by law.

Board of Stewards: Larry Eliason / Jorge Estrada / Pat Mackey

Name: LUIS HUMBERTO GONZALEZ Ruling Date: 8/30/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Sweetwater County Fairgrounds
Ruling Number: 2019-SD-2 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/4/2019 Suspension End: 9/17/2019
Ruling Text:
Ruling No. #19-0028
In the Disciplinary Matter of Luis H. Gonzalez
Owner/Trainer, License Number 19--0946
On Wednesday, September 4, 2019 the Board of Stewards conducted an informal hearing regarding the nonpayment of a fine by Owner/Trainer Luis H. Gonzalez

The Stewards took note of this action pursuant to the authority and duties given to them by Wyoming Pari Mutuel Commission (WMPC) Rule Chapter 5 Section 16 (w) “The Stewards shall take notice of questionable conduct with or without a complaint thereof.”

The specific matter of concern is that the Board of Stewards issued Ruling Number 19-0024 which imposed a fine of $200.00 on Mr. Gonzalez for failure to bring the horse Version Star to the racetrack for the running of the 9th race on July 28, 2019 at Wyoming Downs. The Stewards set a deadline for payment of that fine no later than August 30, 2019. As of September 5, 2019 that fine has not been paid.

This is violation of WMPC rule Chapter 5 Section 1 (o) all fines shall be paid within 48 hours after imposition.

Pursuant to the authority granted to the Board of Stewards .W.S.§ 11-25-104 (g), (iii) the Board of Stewards for the offense of failure to pay the fine in a timely manner the Stewards hereby suspend the owner –trainer license of Mr. Gonzalez until such time as the fine has been paid. If the fine is not paid by October 5, 2019 this matter is referred to the Wyoming Pari Mutuel Commission for further action.

This decision of the Board of Stewards may be appealed to the Wyoming Pari Mutuel Commission as provided by Wyoming Pari Mutuel Commission Rules Chapter 3 and to the state courts as provided by law.

Board of Stewards: Larry Eliason / Jorge Estrada / David Wheeler

Name: JOSE J SOTO Ruling Date: 8/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-37 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner, Jose J. Soto was duly notified, and responded telephonically before the Board of Stewards on July 13, 2019. The hearing was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses), Controlled Substance, clenbuterol, found in test sample E316091 taken from the first place finisher, “Grandmas the Boss”, in the 7th race on July 19, 2019, at the Downs of Albuquerque.

Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer Francisco Soto.

Francisco Soto, the trainer of record for horse “Grandmas the Boss”, was duly notified and failed to appear for this hearing. This is Francisco Soto’s FIRST Class 3A medication violation in a LIFETIME.

For Francisco Soto’s FIRST Class 3A medication violation in a LIFETIME the Board of Stewards hereby assess a penalty, issued in accordance with 15.2.6.9 (B)(1) Penalty Recommendations, as follows:

        1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Grandmas the Boss” is placed on the Stewards list for a period of 60 days (beginning August 8, 2019). 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. Pursuant to 15.2.6.9 (B)(1) Penalty Recommendations “Grandmas the Boss” shall be placed on the veterinarian’s list for 180 days and must pass a commission-approved examination before becoming eligible to be entered
        3. In accordance with 15.2.5.13(E)(4)(d) Purse Redistribution, The horse “Grandmas the Boss” is hereby disqualified from First place and ordered unplaced from the 7th race on July 19, 2019, at the Downs of Albuquerque, for all but pari-mutuel wagering. The purse redistribution is as follows.
                                1. Golden Boy Ja
                                2. Lexy Fast Girl
                                3. Jess One More Corona
                                4. Jj Spanish Foose
                                5. Move On Lizzy
                                6. Freighttrain Bella
                                7. Firstsignificantdash
                                8. Royaly Gone
                                9. Rubys Got Em
Unplaced “Grandmas the BossLicensee is found in violation of and ruling written in accordance with: 15.2.6.9 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- Clenbuterol Class A Classification for Quarter horses 15.2.6.9(C)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions/ 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970./15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations /16.47.1.8(T)Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/ 16.47.1.10(B) (1)(2)(3)Absolute Insurer/15.2.1.9(B)(9)(b): Appeal Procedures 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 a money order, cashier's check or a corporate check.
Name: Eddie Sanchez Ruling Date: 8/28/2019
Jurisdiction: Texas Racing Commission Facility: Gillespie County Fairground
Ruling Number: GCF668 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey, Eddie Sanchez, having been duly noticed, failed to appear at two combined formal hearings to review videos before the Gillespie County Fair Board of Stewards on 08/24/2019 and is hereby fine two-hundred ($200.00) dollars, in-absentia.

Second violation in this category within 365 days.

Name: LARRIS HUGH ALLEN Ruling Date: 8/28/2019
Jurisdiction: Horse Racing Alberta Facility: Evergreen Park
Ruling Number: 2019-EGP-#45 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Fined $300.00 for allowing is mount to come in during the stretch run causing interference.
Name: Ryan Nelson Ruling Date: 8/28/2019
Jurisdiction: Horse Racing Alberta Facility: Evergreen Park
Ruling Number: 2019-EGP-#44 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Fined $300.00 for allowing his mount to come in before being properly clear when entering the first turn.
Name: CALVIN DEAN STRANDQUIST Ruling Date: 8/25/2019
Jurisdiction: Horse Racing Alberta Facility: Evergreen Park
Ruling Number: 2019-EGP-#43 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Fined $100.00 and suspended from all paddock and starting gate duties for ten (10) calander days, August 25 through September 3, 2019 for failing the breathalyzer test.
Name: JUAN PABLO LEON Ruling Date: 8/25/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-224 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 350 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
JOCKEY JUAN PABLO LEON IS FINED THREE HUNDRED AND FIFTY DOLLARS FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-FOURTH OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE RUNNING OF THE FIFTH RACE AT LOS ALAMITOS RACE COURSE ON AUGUST 24, 2019.
Name: DAN LOUIS MCFARLANE Ruling Date: 8/25/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19084 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Dan McFarlane, having waived his right to a formal hearing, is hereby assessed a civil penalty of One Thousand Dollars ($1,000) for a Class 4, Category C medication violation. On July 24, 2019, Industrial Laboratories reported the finding of Dexamethasone at a level of 26.8 +/-0.5 pg/mL in serum in Sample No. E318394 taken from Stormy Music, 1st-place finisher in the 4th Race on July 12, 2019 at Canterbury Park. The level is greater than the threshold of 5 pg/mL. McFarlane requested testing of the split sample by University of Florida College of Medicine, Department of Pathology, Immunology and Laboratory Medicine Racing Laboratory which issued a positive letter dated August 19, 2019, confirming the presence of Dexamethasone in serum at a level of 27 +/- 5 pg/mL. The penalty follows Association of Racing Commissioners International (ARCI) recommended guidelines. Stormy Music is hereby disqualified from first place and declared unplaced. The revised order of finish for the 4th Race on July 12, 2019 at Canterbury Park is as follows: 1st #4 Tiz Little Bull, 2nd #6 Luvin Bullies, 3rd #3 Molecules, 4th #2 Dontmesswithjoanne, and 5th #1 Beach Flower. The Horsepersons' Bookkeeper is directed to make necessary changes to payment of purses for the subject race. If Stormy Music's share of the purse has been paid, it is hereby ordered returned to the Horsepersons' Bookkeeper. Minnesota Rules: 7869.0200 Incorporation By Reference. Subp. 2.B.C. - Association of Racing Commissioners International. 7877.0170 Duties and Responsibilities of Class C Licensees. Subp. 2.C.(2)(3) -Trainers. 7879.0200 Authority and Duties of Stewards. Subp. 1.A. - General authority of stewards. 7890.0110 Medications and Practices Prohibited. Subp. 1. -Administration. 7890.0130 Findings of Chemist. Subp. 1. -Prima facie evidence; Subp. 2. - Distributed purse money. 7892.0150 Purses. Subp. 1. -Purse may be redistributed; Subp. 2.A.B. -Determination of purse redistribution. 7897.0130 Schedule of Fines. Subp. 1. -Imposition of fines.; Subp. 2.A. -Categories of violations.; Subp. 3.B. Assignment of categories.; Subp. 5. -Amount of fine.; Subp. 6. -Timetable for paying fines (within 72 hours of ruling date). 7897.0150 Disciplinary Procedures. Subp. 10.A. - Penalties imposed by stewards or commission for medication violations.

Name: NOE GARCIA Ruling Date: 8/25/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-167 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Noe Garcia Jr. was summoned and appeared before the Board of Stewards on Aygust 25, 2019, for careless riding following the running of the 8th race on August 24, 2019, at Ruidoso Downs Racetrack, while aboard “Tepozan”. (Bore out sharply after the wire on outside horses causing a dangerous situation)

The Board of Stewards hereby assess Noe Garcia Jr. a suspension of 7 calendar days (September 21, 2019, through September 27, 2019, inclusive). Noe Garcia Jr. is allowed to ride designated races.

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

15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(d) NMAC: Post to Finish (d) In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane in such a manner that it interferes with, impedes or intimidates another horse, it is a foul and may result in the disqualification of the offending horse.

15.2.5.13(E)(3)(c) NMAC: Post to Finish Which states in pertinent part that “If the Stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey.” 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JUAN CARLOS VILLANUE RAMIREZ Ruling Date: 8/25/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-168 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:

Jockey J C Villanueva was summoned and appeared before the Board of Stewards on August 25, 2019, for careless riding during the running of the 9th race on August 24, 2019 at Ruidoso Downs, while aboard “Tellingly”, which resulted in his mount being disqualified from 3rd place to 7th place. (Broke out sharply into the 3 and 4 causing interference.)

The Board of Stewards hereby assess J C Villanueava a suspension of 7 calendar days (September 21, 2019, through September 27, 2019, inclusive The term of this suspension shall not prohibit participation in designated race days.

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

15.2.5.13(E)(2)(a) Post to Finish A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(d) 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.

15.2.5.13(E)(3)(c) NMAC: Post to Finish 15.2.5.13(E)(3)(d) NMAC: Post to Finish 15.2.5.13(E)(4)(a) NMAC Disqualification./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: Jesus G Nalazco Ruling Date: 8/24/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Wyoming Downs
Ruling Number: 2019-WYO-14 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No. #19-0026
In the Disciplinary Matter of Jesus G. Nolazco
Owner-Trainer License Number 19-0963
On Saturday, August 24, 2019 the Board of Stewards conducted an informal hearing telephonically with owner/trainer Jesus G. Nolazco regarding the report of the official laboratory of the blood sample taken from the horse Lil Lady following the running of the 6th race at Wyoming Downs on July 27, 2019.

The official laboratory found the presence of flunixin and phenlybutazone in the blood sample taken from the horse Lil Lady following the 6th race on July 27, 2019. In the opinion of the Stewards this created a stacking violation.

The stewards took note of this action pursuant to the authority and duties given to them by Wyoming Pari Mutuel Commission Rule Chapter 5 Section 16 (w) “The Stewards shall take notice of questionable conduct with or without a complaint thereof.”

At the informal hearing Mr. Nolazco acknowledged that he was the trainer of the horse Lil Lady on July 27, 2019. He did not contest the findings of the official laboratory and did not request a test of a split sample.

Mr. Nolazco stated the horse had shown symptoms of colic and that he had treated the horse with flunixin and phenylbutazone. Mr. Nolazco stated that he should have submitted a “vet scratch” for the horse.

This action is in violation of WPMC rule Chapter 8 Section 2 (a) “No horse participating in a race shall carry in its body any foreign substance except as provided by these rules.”

The specific matters of concern were the rule cited above and WMPC rule Chapter 7 Section 10 (h) “ A trainer shall be responsible for the condition of a horse trained by him and shall be the absolute insurer of the horse’s condition during a race subject to rebuttal of the presumption.

Pursuant to the authority granted to the Board of Stewards .W.S.§ 11-25-104 (g), (iii) the Board of Stewards hereby imposes a fine of Five Hundred Dollars ($500.00) to be paid not later than September 7, 2019. This fine may be paid with cash or check to the WMPC staff at Sweetwater Downs or by check or money order payable to the Wyoming Pari Mutuel Commission at the address printed above.

The Board of Stewards authorize the Wyoming Downs horsemen’s bookkeeper to pay Mr. Nalzaco second place purse money for the 6th race on July 27, 2019.

This decision of the Board of Stewards may be appealed to the Wyoming Pari Mutuel Commission as provided by Wyoming Pari Mutuel Commission Rules Chapter 3 and to the state courts as provided by law.

Board of Stewards: Larry Eliason / Jorge Estrada / Pat Mackey

Name: Juan Diaz Ruling Date: 8/24/2019
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: RETA3500 Ruling Type: Trainer Responsibility
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner - Trainer Juan Diaz Jr. was duly noticed and failed to appear for a formal hearing before the Retama Park Board of Stewards on 8/16/19.

Mr. Diaz is hereby fined one hundred ($100.00) dollars because he failed to have the registration certificate for the horse, "One Game Cat," on file with the Racing Secretary at the proper time, for the first race at Retama Park on 7/26/19, necessitating a program scratch.

Name: IRVING LARA Ruling Date: 8/24/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-222 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY IRVING LARA IS FINED TWO HUNDRED AND FIFTY DOLLARS FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPONDTHIRD OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE FOURTH RACE AT LOS ALAMITOS RACE COURSE ON AUGUST 23, 2019
Name: JAIME LOPEZ Ruling Date: 8/24/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-223 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: TRAINER JAIME LOPEZ, WHO STARTED THE HORSE "UP FOR KIDS". THE THIRD PLACE FINISHER IN THE THIRD RACE AT LOS ALAMfTOS RACE COURSE ON JULY 12, 2019, IS FINED FIVE HUNDRED DOLLARS PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1887 (TRAINER OR OWNER TO INSURE CONDITION OF HORSE) FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULES #1843 (A, B & D) (MEDICATION, DRUGS AND OTHER SUBSTANCES), AND #1843.1 (A) (PROHIBITED DRUG SUBSTANCES-PHENYLBUTAZONE).
Name: JORGE FARIAS Ruling Date: 8/23/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-219 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: TRAINER JORGE FARIAS, WHO STARTED THE HORSE "JENS JOURNEY", THE FIRST PLACE FINISHER IN THE SECOND RACE AT LOS ALAMITOS RACE COURSE ON JUNE 29, 2019, ts FINED FIVE HUNDRED DOLLARS ($500.00)' PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1887 (TRAINER OR OWNER TO INSURE CONDITION OF HORSE) FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULES #1843 (A & D) (MEDICATION, DRUGS AND OTHER SUBSTANCES), AND #1843.1 (A) (PROHIBITED DRUG SUBSTANCES-PHENYLBUTAZONE).
Name: ALBERTO SANDOVAL ZEPEDA Ruling Date: 8/23/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-220 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Ruling # 220 JOCKEY ALBERTO ZEPEDA IS FINED ONE HUNDRED DOLLARS FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-SECOND OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE SEVENTH RACE AT LOS ALAMITOS RACE COURSE ON AUGUST 18, 2019.
Name: RUBEN NAJERA LOZANO Ruling Date: 8/23/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-221 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/30/2019 Suspension End: 9/1/2019
Ruling Text:
Ruling # 221
JOCKEY RUBEN LOZANO, WHO RODE "DELAYED STEAL" IN THE EIGHTH RACE AT LOS ALAMITOS RACE COURSE ON AUGUST 18, 2019, IS SUSPENDED FOR THREE RACING DAYS (3) (AUGUST 30TH 31 ST, AND SEPTEMBER 1 ST, 2019) FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE, CAUSING INTERFERENCE WHICH RESULTED IN THE DISQUALIFICATION OF HIS MOUNT FROM SIXTH TO NINTH POSITION. THIS CONSTITUTES A VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1699 (RIDING RULES- CARELESS RIDING). PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1766 (DESIGNATED RACES), THE TERM OF SUSPENSION SHALL NOT PROHIBIT PARTICIPATION IN DESIGNATED RACES.
Name: MODESTO PINA Ruling Date: 8/23/2019
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: RETA3499 Ruling Type: Failure to Report or Appear
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Modesto Santos Pina was duly noticed and failed to appear for a formal hearing before the Retama Park Board of Stewards on 8/16/19.

Mr. Pina is hereby fined fifty ($50.00) dollars because he failed to appear before the Retama Park Board of Stewards when ordered to review films on 7/26/19, for the 5th race at Retama Park on 7/13/19.

Name: MARK N HIBDON Ruling Date: 8/21/2019
Jurisdiction: Texas Racing Commission Facility: Gillespie County Fairground
Ruling Number: GCF667 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner - Trainer Mark Hibdon was duly noticed and waived his right to a formal hearing before the Retama Park Board of Stewards and his right to appeal on 8/20/19.

Mr. Hibdon is hereby fined two hundred and fifty ($250.00) dollars because a post - race serum sample, GC071918, taken from his horse, "Gone Preachin," that finished second in the 6th race at Gillespie County Fair on 8/11/19, contained excess Phenylbutazone @ 3.9 +/- 0.7 mg/ml.

Mr. Hibdon had a previous Phenylbutazone overage on 7/4/19 at Lone Star Park, (LSP3548). But because Mr. Hibdon raced "Gone Preachin," on 8/11/19, and was not notified of Lone Star Park overage until 8/12/19, this case is also considered a first offense.

Name: MARK N HIBDON Ruling Date: 8/21/2019
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3548 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner - Trainer Mark Hibdon was duly noticed and waived his right to a formal hearing before the Retama Park Board of Stewards and his right to appeal on 8/20/19.

Mr. Hibdon is hereby fined five hundred ($500.00) dollars because a post - race serum sample, LS057658, taken from his horse, "Referee," that finished second in the 3rd race at Lone Star Park on 7/4/19, contained excess Phenylbutazone @ 7.27 +/- 0.19 mg/ml. First violation within 365 days.

The horse, "Referee," is hereby disqualified and declared unplaced in the 3rd race at Lone Star Park on 7/4/19. The purse is ordered redistributed as follows:

1. (8) Lay M Out 2. (10) Silver Moon Rising 3. (1) Simple Pleasure 4. (4) Kat's Kandy 5. (2) Mimi's Song 6. (3) Ms. Red Rockette 7. (7) Fancy Stockings 8. (11) Gift Bag Unplaced: (9) Referee.

Name: Johnson R Johnson Ruling Date: 8/18/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Wyoming Downs
Ruling Number: 2019-WYO-13 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No. #19-0025
In the Disciplinary Matter of James R. Johnson
Owner-Trainer License Number 19-0570
On Sunday, August 18, 2019 the Board of Stewards conducted an informal hearing with owner/trainer James R. (J.R.) Johnson regarding the scratch of a horse trained by him in the fourth race on August 11, 2019.

The stewards took note of this action pursuant to the authority and duties given to them by Wyoming Pari Mutuel Commission Rule Chapter 5 Section 16 (w) “The Stewards shall take notice of questionable conduct with or without a complaint thereof.”

At the informal hearing Mr. Johnson acknowledged that he was the trainer of the horse Boelex and that the horse was not on the grounds of the racetrack at least four hours before post time for the fourth race. This action is in violation of WPMC rule Chapter 8 Section 2 (k) “The administration of furosemide (Lasix) shall be permitted four hours prior to post time ….” and resulted in a scratch in the fourth race.

The specific matter of concern was the requirement that the horse be on the grounds at least four hours prior to post time.

Pursuant to the authority granted to the Board of Stewards .W.S.§ 11-25-104 (g), (iii) the Board of Stewards hereby imposes a fine of Fifty Dollars ($50.00). The Stewards note that the fine has been paid.

This decision of the Board of Stewards may be appealed to the Wyoming Pari Mutuel Commission as provided by Wyoming Pari Mutuel Commission Rules Chapter 3 and to the state courts as provided by law.

Board of Stewards: Larry Eliason / Jorge Estrada / Pat Mackey

Name: CHRISTIAN RUBEN ESQUEDA Ruling Date: 8/18/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19077 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 8/19/2019 Suspension End: 9/17/2019
Ruling Text: On Sunday, August 11, 2019, Jockey Cristian Esqueda responded to a notice of formal hearing, dated August 8, 2019, before the Board of Stewards at Canterbury Park to address his third riding crop abuse violation during the 2019 race meet, Nr, Esqueda was accompanied by Jockey Cody Smith, representing the Jockey's Guild, and Trainer Jason Olmstead. In addition, Mr. Esqueda also violated the probationary status of his Class C Jockey license, which had been put in place in Stewards' Ruling C19064, and issued on July 14, 2019, after his second riding crop abuse violation during the 2019 Canterbury Park race meet. On Saturday, August 3 and Sunday, August 4, Mr. Esqueda reviewed the 2nd race on Friday, August 2, 2019, at Canterbury Park with the Stewards. Mr. Esqueda rode #2 Mansory to a 5th place finish. The videotape replays from the quarter-pole tower camera showed Mr. Esqueda struck Mansory with the riding crop once behind the starting gate before loading, once more after loading into the starting gate, and two times more after the finish. All four strikes were in violation of Minnesota Racing Commission (MRC) rules governing use of the riding crop, specifically 7883.0160 entitled Post to Finish, Subp. 6a. - Use of riding crop, paragraphs B and D, subparts (2) and (6) and 7897.0100 entitled Prohibited Acts, Subp. 6a - Hostile acts, which states "No person shall engage in conduct… that is abusive toward a(n) animal while on the grounds of an association." As a part of the formal hearing, the Board of Stewards, Mr. Esqueda and his two representatives had the opportunity to watch the videotape replays of the 2nd Race at Canterbury Park on August 2 and see the riding crop abuse violations as they occurred. Mr. Esqueda is hereby suspended 30 calendar days effective August 19 through September 17, 2019 and assessed a civil penalty of One Thousand Dollars ($1,000). The Board of Stewards took several aggravating factors into consideration before determining the severity of the ruling. Those aggravating factors surfaced in the 24 previous rulings cited in the Association of Racing Commissioners International rulings database, including seven previous riding crop abuse rulings and six 3-strike riding crop violations since Mr. Esqueda was first licensed as a Jockey in 2013. The Board of Stewards further concludes that Mr. Esqueda's repetitive riding crop abuse violations and their frequency, including an Indiana Grand ruling from a race run on July 9, followed by two Canterbury rulings issued within the next five days, plus this most recent riding crop abuse violation, have had a substantial adverse effect on the integrity of pari-mutuel horse racing and the health and safety of all participants. During his suspension, Mr. Esqueda is denied privileges of the grounds of all racetracks under the jurisdiction of the MRC. Mr. Esqueda has the right to appeal this ruling to the MRC pursuant to provisions found in Minnesota Rules part 7897.0155 and part 7897.0170. Minnesota Rules: 7877.0155H. Conditions Precedent to Licensing. 7879.0200 Authority and Duties of Stewards. Subp. 1.A.C. - General authority of stewards. 7883.0160 Post to Finish. Subp. 6a. - Use of riding crop. B.D.(2)(6). 7897.0100 Prohibited Acts. Subp. 6a. - Hostile acts. 7897.0120 Disciplinary Sanctions. Subp. 1. - Sanctions; Subp. 2. - Exclusion from racetrack. 7897.0130 Schedule of Fines. Subp. 1. - Imposition of fines; Subp. 2.A. - Categories of violations; Subp. 3.8.C.D. - Assignment of categories and determination of fine amount; Subp. 5. - Amount of fines; Subp. 6. - Timetable for paying fines. 7897.0155 Appeal to Commission. 7897.0170 Conduct of Appeal Hearing.
Name: CESAR FRANCO Ruling Date: 8/18/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-217 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/25/2019 Suspension End: 9/1/2019
Ruling Text:
Ruling # 217 JOCKEY CESAR FRANCO IS SUSPENDED FOR FOUR RACING DAYS (AUGUST 25TH, 30TH, 31 ST AND SEPTEMBER 1 ST 2019) FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-FIFTH OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE EIGHTH RACE AT LOS ALAMITOS RACE COURSE ON AUGUST 17, 2019.
Name: JONATHAN ROMAN Ruling Date: 8/18/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-218 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY JONATHAN ROMAN IS FINED FIFTY DOLLARS FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-FIRST OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE EIGHTH RACE AT LOS ALAMITOS RACE COURSE ON AUGUST 17, 2019.
Name: ARMANDO CERVANTES Ruling Date: 8/17/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-215 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY ARMANDO CERVANTES IS FINED FIFTY DOLLARS FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE
(USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-FIRST OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE FIFTH RACE AT LOS ALAMITOS RACE COURSE ON AUGUST 16, 2019.
Name: ARMANDO CERVANTES Ruling Date: 8/17/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-0215 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY ARMANDO CERVANTES IS FINED FIFTY DOLLARS FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE
(USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-FIRST OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE FIFTH RACE AT LOS ALAMITOS RACE COURSE ON AUGUST 16, 2019.
Name: JAIRO RANGEL Ruling Date: 8/17/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-216 Ruling Type: Failure to Follow Facility Regulations
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1530 (CASES NOT COVERED BY RULES AND REGULATION), JOCKEY JARO RANGEL IS FINED ONE HUNDRED DOLLARS FOR FAILURE TO APPEAR TO REVIEW VIDEO AFTER BEING ORDERED TO DO SO BY THE STEWARDS.
Name: LUIS HUMBERTO GONZALEZ Ruling Date: 8/17/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Wyoming Downs
Ruling Number: 2019-WYO-16 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No. #19-0024
In the Disciplinary Matter of Luis H. Gonzalez
Owner Trainer License Number 19-0946
On Saturday, August 17, 2019 the Board of Stewards conducted an informal hearing by telephone with Luis H. Gonzalez regarding his failure to have the horse Version Star available for Lasix administration four hours before the 9th race at Wyoming Downs on July 28, 2019, resulting in a late scratch in that race.

Mr. Gonzalez waived his right to a formal hearing and agreed to resolve the matter through an informal hearing conducted by telephone.

The Stewards took note of this action pursuant to the authority and duties given to them by Wyoming Pari Mutuel Commission (WMPC) Rule Chapter 5 Section 16 (w) “The Stewards shall take notice of questionable conduct with or without a complaint thereof.”

The specific matters of concern were those stated in the first paragraph above.

Mr. Gonzalez stated that he did not bring the horse Version Star to the racetrack on July 28, 2019 and intended to scratch the horse and “only get last place money” because the 9th race on July 28, 2019 was a Wyoming Bred Futurity.

Pursuant to the authority granted to the Board of Stewards .W.S.§ 11-25-104 (g), (iii) the Board of Stewards hereby imposes a fine of Two Hundred Dollars ( $200.00) to be paid to the Wyoming Pari Mutuel Commission at the address printed above not later than August 30, 2019..

This decision of the Board of Stewards may be appealed to the Wyoming Pari Mutuel Commission as provided by Wyoming Pari Mutuel Commission Rules Chapter 3 and to the state courts as provided by law.

Board of Steward: Larry Eliason / Pat Mackey / Dave Wheeler

Name: Rene Lopez-Gomez Ruling Date: 8/16/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Wyoming Downs
Ruling Number: 2019-WYO-10 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No. #19-0023
In the Disciplinary Matter of Rene Lopez Jockey License Number 19--1087
On Sunday, August 11, 2019 the Board of Stewards conducted an informal hearing with Rene Lopez regarding his failure to fulfill his engagement to ride the first race at Wyoming Downs on that day.

The Stewards took note of this action pursuant to the authority and duties given to them by Wyoming Pari Mutuel Commission (WMPC) Rule Chapter 5 Section 16 (w) “The Stewards shall take notice of questionable conduct with or without a complaint thereof.”

The specific matters of concern were that Mr. Lopez failed to fulfill his engagement as stated above which resulted in a late scratch in that race.

The Board of Stewards find that by failing to fulfill his engagement to ride in the first race of August 10, 2019 Mr. Lopez violated WPMC rule Chapter 7 Section 4 (g) “All jockeys shall faithfully fulfill all engagements in respect to riding.. “

Pursuant to the authority granted to the Board of Stewards .W.S.§ 11-25-104 (g), (iii) the Board of Stewards for the offense of failure to fulfill his riding engagements hereby imposes a fine of One Hundred Dollars ( $100.00) to be paid to the Wyoming Pari Mutuel Commission not later than August 25, 2019..

This decision of the Board of Stewards may be appealed to the Wyoming Pari Mutuel Commission as provided by Wyoming Pari Mutuel Commission Rules Chapter 3 and to the state courts as provided by law.

Board of Stewards: Larry Eliason / Jorge Estrada / Pat Mackey

Name: EMILIO CADENA Ruling Date: 8/28/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-24-CC Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/16/2019 Suspension End:
Ruling Text: RE: 2019-DAA-24 - Case Continued Trainer Emilio Cadena Jr., (currently under summary suspension) was duly notified and appeared for a summary suspension hearing before the Board of Stewards on August 25, 2019. The summary suspension was in regard to the confirmed positive of the Class 3 Quarter Horse Penalty A drug, albuterol, found in test sample E316106 taken from the second place finisher, for the Quarter Horse “Master of the Sky”, in the 8th race on July 20, 2019, at the Downs of Albuquerque.

The Board of Stewards hereby continues the summary suspension hearing for Emilio Cadena Jr. pending the results of the split sample.

In accordance with 15.2.1.9(B)(3)(a), trainer Emilio Cadena Jr. shall remain summarily suspended pending the results of the split sample.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- albuterol, Class A Classification for Quarter horses 15.2.6.9(C)(1)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: FRANCISCO L SOTO Ruling Date: 8/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-25-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/16/2019 Suspension End: 8/14/2020
Ruling Text: RE: 2019-DAA-25 - Ruling Final Outcome Trainer, Francisco Soto (currently under summary suspension) was duly notified and waived his right to a 10 day notice and a hearing before the Board of Stewards on August 25, 2019. The hearing was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses), Controlled Substance, clenbuterol, found in test sample E316091 taken from the first place finisher, “Grandmas the Boss”, in the 7th race on July 19, 2019, at the Downs of Albuquerque.

Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Francisco Soto.

Jose J. Soto, the owner of record for horse “Grandmas the Boss”, was duly notified and responded by telephone. This is Jose J. Soto’s FIRST Class 3A medication violation in a LIFETIME.

For Francisco Soto’s FIRST Class 3A medication violation in a LIFETIME the Board of Stewards hereby assess a penalty ,issued in accordance with 15.2.6.9 (B)(1) Penalty Recommendations, as follows:

        1. A 1 year suspension of all NMRC licenses (retroactive from summary suspension) August 16, 2019, through August 15, 2020, inclusive.
        2. A (10,000.00) ten thousand dollar fine to paid on or before September 23, 2019, in accordance with 15.2.3.8 (B)(3)(k). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
In accordance with 15.2.1.9 (C)(21), Francisco Soto is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC (exception VR Construction Company). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Francisco Soto are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained, owned, or in the care and custody of Francisco Soto must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found in violation of and ruling written in accordance with: Licensee is found in violation of and this ruling is written in accordance with: 15.2.6.9 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- Clenbuterol Class A Classification for Quarter horses 15.2.6.9(C)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of a money order, cashier's check or a corporate check.

Name: EMILIO CADENA Ruling Date: 8/16/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-24 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/16/2019 Suspension End:
Ruling Text: Trainer, Emilio Cadena Jr, is hereby summarily suspended, effective immediately, August 16, 2019 pending the outcome of his hearing scheduled for August 25, 2019, at 10:00 a.m. in the office of the Board of Stewards at the Downs of Albuquerque (145 Louisiana Blvd. NE Albuquerque, NM 87108), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Quarter Horse Penalty A drug, albuterol, found in test sample #E316106 taken from the second place finisher, for the Quarter Horse “Master of the Sky”, in the 8th race on July 20, 2019, at the Downs of Albuquerque.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- albuterol, Class A Classification for Quarter horses 15.2.6.9(C)(1)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: FRANCISCO L SOTO Ruling Date: 8/16/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-25 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/16/2019 Suspension End: 8/14/2020
Ruling Text: Trainer Francisco Soto, is hereby summarily suspended, effective immediately, August 16, 2019, pending the outcome of his hearing on August 25, 2019, at 10:30 a.m. in the office of the Board of Stewards at the Downs of Albuquerque (145 Louisiana Blvd. NE Albuquerque, NM 87108), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses), Controlled Substance, clenbuterol, found in the urine, test sample #E316091 taken from the first place finisher, “Grandmas the Boss”, in the 7th race on July 19, 2019, at the Downs of Albuquerque.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- Clenbuterol Class A Classification for Quarter horses 15.2.6.9(C)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: KEVEN DWAYNE WOODS Ruling Date: 8/16/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-26 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 8/14/2019 Suspension End: 10/12/2019
Ruling Text: Trainer Keven D. Woods was duly notified and failed to appear before the Board of Stewards, and had his hearing in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance on August 14, 2019, regarding an certificate of analysis from Industrial Laborites (official testing laboratory for the NMRC) for a confirmed positive for the Drug Class 3 Penalty B drug “formoterol” detected in the urine of horse “Kid Comeback”(Test Sample E315839), who finished FIRST place in the 7th race on June 29, 2019, at the Downs of Albuquerque Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of formoterol at 2.1 ng/ml in the urine, there is no permissible level for formoterol (15.2.6.9(L)(3)(o)MEDICATIONS AND PROHIBITED SUBSTANCES Environmental contaminants and substances of human use and 15.2.6.9 Attachment 2).

Split sample rights where afforded to and declined by the trainer.

Jose Avila, the owner of record for horse “Kid Comeback”, failed to appear for this hearing.

This is Kevin D. Woods First Class 3B medication violation in a 365-day period.

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

                1. A 60 day suspension of all NMRC licenses starting August 14, 2019, through October 12, 2019, inclusive.
                2. A ($1,000) one thousand and dollar fine to paid on or before September 12, 2019, in accordance with 15.2.3.8 (B)(3)(K). Failure to pay fine in prescribed time shall result in an immediate suspension.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.5.13(E)(4)(d) Running of the Race/ 15.2.6.9 MEDICATIONS AND PROHIBITED SUBSTANCES/ 15.2.6.9(L)(3)(o) MEDICATIONS AND PROHIBITED SUBSTANCES Environmental contaminants and substances of human use/15.2.5.14 D. 7 Protests, Objection and Inquiries/ 15.2.6.9(C)(1)(8)(c) Medication Restrictions/ 15.2.6.11 Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U) Protection of Horses/ 16.47.1.10(B)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendation/

Name: JOSE AVILA Ruling Date: 8/16/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-27 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Jose Avila was duly notified and failed to appear before the Board of Stewards, and had his hearing in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance on August 14, 2019, regarding an certificate of analysis from Industrial Laborites (official testing laboratory for the NMRC) for a confirmed positive for the Drug Class 3 Penalty B drug “formoterol” detected in the urine of horse “Kid Comeback”(Test Sample E315839), who finished FIRST place in the 7th race on June 29, 2019, at the Downs of Albuquerque Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of formoterol at 2.1 ng/ml in the urine, there is no permissible level for formoterol (15.2.6.9(L)(3)(o)MEDICATIONS AND PROHIBITED SUBSTANCES Environmental contaminants and substances of human use and 15.2.6.9 Attachment 2).

Split sample rights where afforded to and declined by the trainer.

Kevin D. Woods, the trainer of record for horse “Kid Comeback”, failed to appear for this hearing.

This is Jose Avila’s First Class 3B medication violation in a 365-day period.

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

                1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Kid Comeback” is placed on the Stewards list for a period of 60 days (beginning July 19, 2019). 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 “Kid Comeback” is hereby disqualified from FIRST PLACE and ordered unplaced from the 7th race on June 29, 2019, at the Downs of Albuquerque for all but pari-mutuel wagering. The purse redistribution is as follows.
    1. Daddys Rare Cartel
    2. Pilotpointdashing
    3. Dm Schicago Fireball
    4. Don’t Get No Betta
    5. Political Pop Pop
    6. Sweet Maggie Mae
    7. Magics Dotted Line
    8. Secret Chick
Unplaced Kid Comeback

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.5.13(E)(4)(d) Running of the Race/ 15.2.6.9 MEDICATIONS AND PROHIBITED SUBSTANCES/ 15.2.6.9(L)(3)(o) MEDICATIONS AND PROHIBITED SUBSTANCES Environmental contaminants and substances of human use/15.2.6.9(C)(1)(8)(c) Medication Restrictions/ 15.2.6.11 Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U) Protection of Horses/ 16.47.1.10(B)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendation/ Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check.

Name: STERLEN TREY WOOD Ruling Date: 8/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-148 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/9/2019 Suspension End:
Ruling Text: Trainer, S. Trey Wood, is hereby summarily suspended, effective immediately, August 9, 2019, pending the outcome of his hearing on August 18, 2019, @ 10:00 a.m in the office of the Board of Stewards at Ruidoso Downs Racetrack (26225 US-70, Ruidoso NM 88346.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses), Controlled Substance, albuterol, found in test sample #E329452 taken from the first place finisher “Gold Heart Eagle V” (trained by S. Trey Wood), in the 4th race on July 27, 2019, at Ruidoso Downs Racetrack.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- albuterol, Class A Classification for Quarter horses 15.2.6.9(C)(1)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: JUAN ESQUIVEL Ruling Date: 8/5/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2019-Comm-16 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 STATE OF NEW MEXICO RACING COMMISSION

IN THE MATTER OF: OWNER JUAN ESQUIVEL JR. ID #31907 FOR POSITIVE SAMPLE #NM20540, HORSE “CARTEL POWER”

2019-Comm-16
DISCONTINUANCE OF PROSECUTION
COMES NOW the New Mexico Racing Commission and hereby enters this Order disposing of this matter for the following reasons: 1. The final order in this matter was not issued in accordance with Paragraph 17 of Subsection C of 15.2.1 NMAC, which states in part "... the commission shall issue its final order not later than 30 days after the date the commission votes on the ultimate issues in the proceeding." 2. The Office of the New Mexico Attorney General, representing the state's interest, is of the opinion that since the New Mexico Racing Commission did not issue the final order within 30 days after the commission meeting in which the Commission heard this matter that the matter should be dismissed. IT IS THEREFORE ORDERED that this case is hereby dismissed. The order of finish for the race at issue should reflect this dismissal and the purse is to be distributed accordingly.

Signed by: Beverly Bourguet, Chairwoman -- New Mexico Racing Commission

Date: August 5, 20196

Name: DAVID GOURNEAU Ruling Date: 8/5/2019
Jurisdiction: North Dakota Racing Commission Facility: Chippewa Downs
Ruling Number: 2018-CPW-10 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 9/30/2019 Suspension End: 10/14/2019
Ruling Text: Administrative Law Judge afirmed the the penalties set out by the Stewards and requested by the NDRC for David Gourneau and Scott Horst. Penalties included a 15 day suspension, $1,500.00 fine and loss of purse. Bockscar Enolagay tested positive for Hydrcortisone Hydrogen Succinate and a week earlier (6/9/2018) another horse Papa Smitty owned and trained by Gourneau tested positive for the same substance.
Name: DAVID GOURNEAU Ruling Date: 8/5/2019
Jurisdiction: North Dakota Racing Commission Facility: Chippewa Downs
Ruling Number: 2018-CPW-09 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: ALJ affirmed the Stewards ruling of loss of purse for positive drug test for Hydrocortoisone Hydrogen Succinate for Papa Smitty. Loss of purse and breed fund money.
Name: PETE W THOMAS Ruling Date: 8/2/2019
Jurisdiction: Minnesota Racing Commission Facility: Minnesota Racing Commission
Ruling Number: 2019-Comm-2 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: STATE OF MINNESOTA FOR THE MINNESOTA RACING COMMISSION In the Matter of Denial of the 2019 Class C License Application of Pete W. Thomas Appeal of Stewards' Amended Ruling #C19032A FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter arises from Pete W. Thomas (Thomas) appeal of Stewards' Ruling C19032A, in which Thomas was denied a Class C License in the State of Minnesota. Pursuant to Hearing Notice dated July 17, 2019, the matter came on for hearing before a 3-member appeal panel of the Commission ("Panel") pursuant to Minn. R. 7897.01550, on June 7, 2019. The Panel was composed of Commission members Roy Johnson (Chair), Danford Erhart, and Alan Gingold. The Stewards were represented by Commission General Counsel Linda Hilligoss. Thomas did not appear at the hearing. The hearing was properly noticed. The notice was sent to the address Thomas gave to the MRC staff, and was also transmitted to him via text message. Thomas did not submit any request to have the hearing rescheduled or indicate that he would not be appearing. The hearing was noticed for 5:45 p.m. on July 24, 2019. The hearing began at 6:00 p.m., at which time Thomas had still not appeared. Despite Thomas's failure to appear, the Panel conducted an independent review of the record herein and came to its own conclusion. The Stewards offered into evidence Fourteen (14) exhibits in a binder tabbed 1 through 14. The Stewards also submitted the notice of hearing date July 17, 2019. Following the hearing, the Panel deliberated in closed session. By rule, the Panel shall issue its written decision within ten days of the Hearing, excluding Saturday, Sunday, and holidays, based on the record and must include the Panel' s findings of fact and conclusions on all material issues. Minn. R. 7897.0160, Subp. 2. Based upon the entire record in this matter, including audio recording of the appeal hearing, exhibits submitted by the Stewards and the argument made by counsel, the Panel makes its Findings and Conclusions, affirming the Stewards' Ruling. The panel makes the following:
FINDINGS
  1. On May 24, 2019, Thomas applied for a 2019 Class C racing license as groom at Canterbury Park in Shakopee, Minnesota ("Application"). Commission Exhibit 1.
  2. After review of the Application and Thomas's eligibility for licensing, the Board of Stewards ("Stewards") of the Minnesota Racing Commission ("Commission") at Canterbury Park issued Ruling# Cl 9032 dated June 27, 2019, denying the Application ("Ruling"). Comm. ex. 9. The Stewards later amended the Ruling and issued an Amended Ruling #Cl 9032A on July 5, 2019, amending the Ruling (" Amended Ruling").
  3. Thomas timely appealed the Ruling to the Commission by letter dated June 30, 2019. Comm. ex. 11. The Stewards issued the Amended Ruling after Thomas had requested his appeal. The MRC considered Thomas ' s appeal of the initial Ruling to still be in effect for the Amended Ruling and informed him of the same by letter dated July 5, 2019. Comm. Ex. 14.
  4. The Stewards' Amended Ruling found that Thomas had knowingly made a false statement in his application in violation of Minn. Stat. § 240.25, subd. 6. Comm. Ex. 13. Specifically, the Stewards found that Thomas had knowingly failed to disclose a 2013 criminal charge of assault with a dangerous weapon causing willful bodily injury. Id.
  5. In 2011, Thomas was involved in an incident on the backside of the racetrack in Prairie Meadows, Iowa. Comm. Ex. 2 and 4. ·
  6. In 2013, Thomas was involved in another incident on the backside at Prairie Meadows. Comm. Ex. 2 and 5. This incident was for assault with a deadly weapon and resulted in a misdemeanor conviction. Id. Thomas's Iowa racing license was revoked for 5 years on August 19, 2013, which would have ended on August 19, 2018. Comm. Ex. 6.
  7. Thomas applied for a Class C license in Minnesota in 2018. Comm. Ex. 7. This application was submitted on August 22, 2018, three days after his Iowa suspension expired. Id. Thomas later withdrew that application. Comm. Ex. 8. It appears that Thomas withdrew his 2018 application to avoid being denied because he did not disclose his 2013 charge or conviction. Comm. Ex. 2.
  8. Thomas applied again in 2019 for a Class C license in Minnesota. Comm. Ex. 1.
  9. Thomas checked "no" when asked "Have you ever been charged with a violation of rule or law relating to horse-racing, pari-mutuel betting, or any other form of gambling. Ex. I. In the space to explain Thomas initial indicated that he had a suspension in 2011 for "fighting," but crossed that out. Id.
  10. In the space provided to disclose any prior suspension, Thomas indicated that he had a 5 year suspension for "fighting" in 2011. Thomas did not disclose his 2013 suspension.
  11. Question 2 on the application asks if the applicant has been " arrested or charged" with any crime in the past ten years. Id. Thomas disclosed a 2007 conviction for " drugs." Id. Thomas did not disclose his 2013 conviction for assault. Id.
  12. Based upon the foregoing Findings of Fact, together with the remainder of the record in this matter, the Panel now makes the following
CONCLUSIONS
  1. The MRC is empowered to issue licenses, to supervise the conduct of pari-mutuel betting on horse racing, and to enforce all laws and rules governing horse racing, among other duties. Minn. Stat. § 240.03.
  2. Minnesota Statutes§ 240.05 provides that the MRC "may issue... Class C licenses for the privilege of engaging in certain occupations related to horse racing" and that "it is the intent of the legislature that authority granted by law to the commission to issue licenses not be construed as requiring the commission to issue any license."
  3. If the Commission determines that an applicant is qualified, it may issue a license to the applicant. Minn. Stat. § 240.08, subd. 4.
  4. The Stewards followed procedures required under Minn. R. 7897.0150 (Disciplinary and Appeal Procedures).
  5. Pursuant to Minn. R. 7897.0170, subp. 7, Thomas had the burden to prove that the Stewards' Ruling was an abuse of discretion, clearly erroneous, or not supported by applicable law.
  6. Pursuant to Minn. Stat. § 240.25, subd. 6, no person may "knowingly make a false statement" in an application to the board.
  7. The Panel concludes that Thomas made a false statement on his license application by failing to disclose his 2013 assault conviction and the resulting suspension.
  8. The Panel finds that the Stewards were not clearly erroneous when they determined that Thomas "knowingly falsified his application. This conclusion is supported by the timing of Thomas's 2018 application only three days after his Iowa suspension expired. Thomas failed to disclose his 2013 assault conviction on this 2018 application, and subsequently withdrew that application.
  9. In light of his 2018 application, Thomas's failure to disclose his 2013 conviction and suspension on his 2019 application is even more inexcusable. Thomas suggests that he was merely confused and he did disclose that he was suspended for "fighting." Thomas disclosed his 2011 incident in which he was allegedly fighting on the backside at Prairie Meadows in Iowa. The 2011 incident and 2013 incident were distinct occurrences.
Thomas' s suspension was for his 2013 incident. Moreover, Thomas still failed to disclose that he was convicted of a criminal offense in response to question 2. Comm'r Ex. 1. The fact that Thomas disclosed a prior drug conviction, and his 2011 fighting incident, while omitting any reference to the 2013 conviction or suspension, support the Stewards' determination that Thomas's false statements in his application were made knowingly. 10. In light of Thomas's failure to appear for his appeal hearing without notice to the MRC or the Panel, the Panel finds that the appeal of the Ruling to the Commission was frivolous. NOW, THEREFORE, based upon the foregoing Findings, Conclusions, and the entirety of the record in this matter, the Panel issues the following
ORDER
  1. That the Ruling #C19032A is AFFIRMED.
  2. That the 2019 Class C license Application of Pete W. Thomas is DENIED.
  3. That pursuant to Minn. R. 7897.0155, Supb. 5, Thomas's deposit, if any, will be FORFEITED.
Dated: August 2, 2019. Roy Johnson, Acting Chair, Danford Erhart, Commissioner, Alan Gingold, Commissioner
Name: DWIGHT ANTHONY LEWIS Ruling Date: 7/31/2019
Jurisdiction: Horse Racing Alberta Facility: Evergreen Park
Ruling Number: 2019-EGP-#38 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Fined $100.00 for allowing his mount to come in before being properly clear during the run down the backstretch.
Name: DAVID L BROWN Ruling Date: 7/28/2019
Jurisdiction: Kentucky Racing Commission Facility: Blue Grass Downs
Ruling Number: 2019-BGD-9 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING # J2019-009

HORSE: MELANCHOLY ROSE (NO:2M3352 - GENDER: M-YOF:2014 - THIRD STRAIGHT-BABETTE HALL - BLISSFUL HALL)

PENALTY DESCRIPTION - FINED: $250

ADDITIONAL INFORMATION - 810 KAR 8:010 SEC.8 (1)(A) INDUSTRIAL LABORATORY REPORTED TO THE KENTUCKY HORSE RACING COMMISSION THAT BLOOD SAMPLE E295045 GIVEN BY THE HORSE "MELANCHOLY ROSE" FOLLOWING ITS FIRST PLACE FINISH IN THE 2ND RACE ON JUNE 16, 2019 REVEALED PHENYLBUTAZONE IN AN AMOUNT EXCEEDING THAT PERMITTED BY THE KHRC. THEREFORE, TRAINER DAVID L BROWN IS ASSESSED A CIVIL PENALTY OF $250.00 AND THE PURSE MONEY OR $750.00 IS HEREBY ORDER FORFEITED, RETURNED AND REDISTRIBUTED I THE FOLLOWING MANNER; "MELANCHOLY ROSE" FINISHED FIRST PLACED LAST. "ORANGE SLICE" FINISHED 2ND PLACED FIRST. "ANDORLENA" FINISHED 3RD PLACED 2ND. "TAWNI HALL" FINISHED 4TH PLACED 3RD. "CLAY HILL CATALINA" FINISHED 5TH PLACED 4TH.

Name: TERRY P DICICCO Ruling Date: 7/22/2019
Jurisdiction: Massachusetts Racing Commission Facility: Plainridge Racecourse
Ruling Number: 2019-PRR-47 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: On 7/11/19 while driving No. 3 FIRE LIGHT in the race 10 at PRC, driver Terry DiCicco did "one-hand whip" in the stretch and is hereby fined $100 for the violation.
Name: KEVEN DWAYNE WOODS Ruling Date: 7/21/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-128 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/21/2019 Suspension End:
Ruling Text: Trainer Keven Woods is hereby summarily suspended, per 15.2.1.9 (B)(3)(b (Summary Suspension) effective immediately, July 21, 2019, pending the outcome of his hearing on July 27, 2019, @ 9:30a.m, in the offices of the Board of Stewards at Ruidoso Downs (26225 US-70, Ruidoso NM 88346), During a compliance search by Ruidoso Downs Security on July 21, 2019 a needle and syringe was found in the truck given to groom “Alex Hinojo” who was bringing the horse “Bandi’s Doctor” to race in the 1st race on July 21,2019 for trainer Keven Woods.

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

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

Name: GERARDO OCHOA Ruling Date: 7/21/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-129 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/21/2019 Suspension End:
Ruling Text: Trainer Gerado Ochoa-Pena is hereby summarily suspended, per 15.2.1.9 (B)(3)(b (Summary Suspension) effective immediately, July 21, 2019, pending the outcome of his hearing on July 27, 2019, @ 9:30a.m, in the offices of the Board of Stewards at Ruidoso Downs (26225 US-70, Ruidoso NM 88346), During a compliance search by Ruidoso Downs Security on July 21, 2019 a needle and syringe was found in the truck given to groom “Alex Hinojo” who was bringing the horse “Bandi’s Doctor” to race in the 1st race on July 21,2019 for trainer Keven Woods attending trainer Gerardo Ochoa-Pena.

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

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

Name: GERARDO OCHOA Ruling Date: 7/28/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-129-CC Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/21/2019 Suspension End:
Ruling Text: RE: 2019-RUI-129 - Case Continued Trainer Gerardo Ochoa-Pena (currently summarily suspended) was duly notified and represented telephonically by attorney Daniel Marquez for a summary suspension hearing before The Board of Stewards for July 27, 2019. The summary suspension hearing was in regard to a needle and syringe that was found during a compliance search by Ruidoso Downs Security on July 21, 2019 in the truck given to groom “Alex Hinojo” who was bringing the horse “Bandi’s Doctor” to race in the 1st race on July 21,2019 for trainer Keven Woods attending trainer Gerardo Ochoa-Pena.

In accordance with 15.2.1.9(B)(3)(a), the Board of Stewards hereby continue the summary suspension of all licenses belonging to Gerardo Ochoa-Pena pending the outcome of his disciplinary hearing.

Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Gerardo Ochoa-Pena are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by, owned by, or in the care and custody of Gerardo Ochoa-Pena must be done in accordance with 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

Name: KEVEN DWAYNE WOODS Ruling Date: 7/28/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-128-CC Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/21/2019 Suspension End:
Ruling Text: RE: 2019-RUI-128 - Case Continued Trainer Keven Woods (currently summarily suspended) was duly notified and responded telephonically for a summary suspension hearing before The Board of Stewards for July 27, 2019. The summary suspension hearing was in regard to a needle and syringe that was found during a compliance search by Ruidoso Downs Security on July 21, 2019 in the truck given to groom “Alex Hinojo” who was bringing the horse “Bandi’s Doctor” to race in the 1st race on July 21,2019 for trainer Keven Woods attending trainer Gerardo Ochoa-Pena.

In accordance with 15.2.1.9(B)(3)(a), the Board of Stewards hereby continue the summary suspension of all licenses belonging to Keven Woods pending the outcome of his disciplinary hearing.

Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Keven Woods are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by, owned by, or in the care and custody of Keven Woods must be done in accordance with 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

Name: RAUL RAMIREZ Ruling Date: 7/12/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-116 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 Raul Ramirez Jr. was summoned and appeared before the Board of Stewards on July 12, 2019, for failure to make sufficient effort to maintain his lane while aboard “FM TEMPTING ROCK”, in the 13th race on July 6, 2019, at Ruidoso Downs Racetrack.

The Board of Stewards hereby fines Raul Ramirez Jr. in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before August 12, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed shall result in immediate suspension.

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

15.2.5.13(E)(3)(d) NMAC: Post to Finish (d) In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane in such a manner that it interferes with, impedes or intimidates another horse, it is a foul and may result in the disqualification of the offending horse.

15.2.1.9(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: SCOTT RUSSELL HAWKINS Ruling Date: 7/11/2019
Jurisdiction: Minnesota Racing Commission Facility: Minnesota Racing Commission
Ruling Number: 2019-Comm-1 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: STATE OF MINNESOTA FOR THE MINNESOTA RACING COMMISSION

In the Matter of Denial of the 2019 Class C License Application of Scott R. Hawkins Appeal of Stewards’ Ruling #C19013 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

This matter arises from Scott R. Hawkins’s (Hawkins) appeal of Stewards Ruling C19013, in which Hawkins was denied a Class C License in the State of Minnesota. Pursuant to Hearing Notice dated May 31, 2019 (Comm. ex. 4), the matter came on for hearing before a 3-member appeal panel of the Commission (“Panel”) pursuant to Minn. R. 7897.01550, on June 7, 2019. The Panel was comprised of Commission members Alan Gingold (Chair), Lisa Goodman, and James S. Lane. The Stewards were represented by Commission General Counsel Patricia M. Sifferle. Hawkins appeared pro se and was accompanied by Penny White, who remained through the hearing at Hawkins’ request. The Stewards offered into evidence eight (8) exhibits in a binder tabbed 1 through 8. Hawkins offered into evidence an 18-page DHS Rule 25 Assessment of Alcohol and Drug Abuse conducted on June 4, 2019. Following the hearing, the Panel deliberated in closed session. After concluding its deliberations, the Panel returned to open session and communicated an oral summary of its conclusions and order to the parties. Prior to Panel issuance of written findings, conclusions, and order consistent with its oral communication to the parties at the conclusion of the hearing, the MRC Executive Director submitted a letter dated June 14, 2019, in which he requests reconsideration of the Panel decision that had been communicated orally to the parties. That letter was accompanied by proposed findings, conclusions and order that differed substantially from those communicated to the parties by the Panel following its hearing on June 7, 2019. By rule, the Panel shall issue its written decision within ten days of the Hearing, excluding Saturday, Sunday, and holidays, based on the record and must include the Panel’s findings of fact and conclusions on all material issues. Minn. R. 7897.0160, Subp. 2. The Panel communicated with Hawkins to provide him an opportunity to respond to the Executive Director’s request for reconsideration. The Panel provided Hawkins until June 26, 2019, to submit a written response. Hawkins agreed that this matter would be taken under advisement by the Panel on June 26, 2019, at which time the ten-day time for issuance of an order would start. Before the June 26 deadline Hawkins submitted a written response, including a laboratory report from Medtox Laboratories and an Order from the Stewards in Oklahoma. This matter was then taken under advisement. Based upon the entire record in this matter, including audio recording of the appeal hearing, exhibits submitted by both parties, and testimony of the parties and witnesses, the Panel makes its Findings and Conclusions, affirming the Stewards’ Ruling in part and modifying the Ruling in part, as follows: FINDINGS

  1. On May 15, 2019, Scott R. Hawkins (“Hawkins”) applied for a 2019 Class C racing license as an exercise rider at Canterbury Park in Shakopee, Minnesota (“Application”). Commission exhibit 1.
  2. After review of the Application and Hawkins’ eligibility for licensing, the Board of Stewards (“Stewards”) of the Minnesota Racing Commission (“Commission”) at Canterbury Park issued Ruling # C19013 dated May 25, 2019, denying the Application (“Ruling”), Commission exhibit. 2.
  3. The Stewards determined (a) that Hawkins had falsified his Application by claiming to be in good standing and welcome to apply in all racing jurisdictions; (b) that Hawkins had been suspended in Oklahoma in 2016, had not been reinstated, and therefore was ineligible for licensing in Minnesota in accordance with the Commission’s reciprocity rule, Minn. R. 7897.0120, Subp. 3A; (c) that having been denied, Hawkins is ineligible to apply for a license from the Commission for two (2) years; and (d) that Hawkins is denied privileges of the grounds of all racetracks under the jurisdiction of the Commission so long as he remains ineligible for licensing in Minnesota.
  4. Hawkins timely appealed the Ruling to the Commission by letter dated May 26, 2019. His letter stated, “I would like to request additional time to clear this issue up at Remington Park (Oklahoma).” Commission exhibit 3.
  5. Hawkins was suspended and ordered ineligible for licensing in Oklahoma in 2016 after testing positive for Methamphetamine and Amphetamine. Commission Exhibit 6.
  6. The order of the Oklahoma Horse Racing Commission dated June 10, 2016, provided, inter alia, “…prior to being restored to good standing or eligible for licensing, Mr. Hawkins must provide a urine sample for testing and achieve a negative test result for controlled dangerous substances. Until such negative drug testing is achieved...Hawkins shall remain suspended and/or ineligible for licensing…” Ibid.
  7. Following submission of Hawkins’ 2019 Minnesota Class C license application, Commission investigation of Hawkins’ license status in Oklahoma in May 2019 revealed that “…Hawkins is still suspended in Oklahoma for drug testing violations…Hawkins did attempt to satisfy his drug testing requirements in October 2017 but…failed his urine drug screen.” Commission exhibit 5.
  8. Hawkins answered “yes” on his Application when asked “Are you in good standing and welcome to apply in all racing jurisdictions” on question 5a of the Application. At the time he made his Application this statement was incorrect because Hawkins was not in good standing in Oklahoma until he passed a drug test.
  9. Hawkins claimed ignorance of his suspended license status in Oklahoma because he had been licensed in Texas in 2018, stating in his appeal letter, “I had been licensed in 2018 in Texas, so I had no idea that I was not eligible for licensing in Minnesota. When I received my ruling in Remington Park (Oklahoma), I did my days and thought I was good…” Commission exhibit. 3
  10. Hawkins explained that since his Oklahoma suspension he was subsequently licensed in Texas. Hawkins testified that he believed that meant he was in good standing. Hawkins also testified that he believed that he was in good standing because his suspension period in Oklahoma had lapsed.
  11. Commission investigator Nick Cummins (“Cummins”) testified that he had inquired of the Texas Racing Commission how Hawkins had been licensed in Texas in 2018 while suspended in Oklahoma since 2016. Cummins testified that Texas Racing Commission officials had responded that they had “flagged” Hawkins’ license records in Texas so that if he applies for a new license, it might be determined more closely whether he might have falsified his 2018 Texas application in a manner similar to that in his 2019 Minnesota application by failure to disclose that he remained suspended in Oklahoma. Cummins test.
  12. After the 2018 race meet at Sam Houston Race Park in Houston, Texas, where he was last licensed, Hawkins worked on horse farms or race horse training centers in Oklahoma and South Carolina where state racing commission licenses were not required.
  13. Hawkins believed that his filing of appeal stayed enforcement of the exclusion portion of the Stewards’ Ruling in a manner consistent or similar to stays of suspensions of jockeys from riding in races while their appeals are pending from stewards’ decisions.
  14. Hawkins voluntarily requested a Minnesota Department of Human Services Rule 25 Alcohol and Drug Abuse Assessment on June 1, 2019. The assessment was conducted at Northstar Regional Medical Center on June 4, 2019 (“Northstar Assessment”).
  15. The Medtox laboratory analysis of Hawkins urine was collected on June 11, 2019, and reported on June 17, 2019. The result shows negative for any controlled substance.
  16. The Stewards in Oklahoma issued an Order relative to Hawkins on June 19, 2019. That Order states that Hawkins is “eligible for licensing with the Oklahoma Horse Racing Commission effective Wednesday, June 19, 2019.” The Order cites to the negative urine sample provided by Hawkins on June 11, 2019, as the basis for the reinstatement.
  17. Based upon the foregoing Findings of Fact, together with the remainder of the record in this matter, the Panel now makes the following:
CONCLUSIONS
  1. The MRC is empowered to issue licenses, to supervise the conduct of pari-mutuel betting on horse racing, and to enforce all laws and rules governing horse racing, among other duties. Minn. Stat. § 240.03.
  2. Minnesota Statutes § 240.05 provides that the MRC “may issue… Class C licenses for the privilege of engaging in certain occupations related to horse racing” and that “it is the intent of the legislature that authority granted by law to the commission to issue licenses not be construed as requiring the commission to issue any license.”
  3. If the Commission determines that an applicant is qualified, it may issue a license to the applicant. Minn. Stat. § 240.08, subd. 4.
  4. The Stewards followed procedures required under Minn. R. 7897.0150 (Disciplinary and Appeal Procedures).
  5. Pursuant to Minn. R. 7897.0170, subp. 7, Hawkins had the burden to prove that the Stewards’ Ruling was an abuse of discretion, clearly erroneous, or not supported by applicable law.
  6. The Stewards cited two reasons for their decision to deny licensure to Hawkins: (1) that Hawkins “knowingly falsified” his 2019 application; and (2) recognition of Hawkins ineligibility in Oklahoma pursuant to the MRC’s reciprocity rule.
  7. Pursuant to Minn. Stat. § 240.25, subd. 6, no person may “knowingly make a false statement” in an application to the board.
  8. The Panel concludes that Hawkins was credible and that he truly and honestly believed that he was in good standing and welcome to apply in all racing jurisdictions. While someone more competent in the workings of the licensing and racing regulatory systems may have been aware that he was not in good standing, it is apparent to the Panel that Hawkins believed that he was in good standing. As such, while Hawkins answer to question 5a was, in fact, incorrect when made, it was not an error or omission made knowingly.
  9. This conclusion is supported by Hawkins’ response to question 4. When asked if he had ever been denied, suspended, or revoked, Hawkins initially checked “no,” then corrected his answer to “yes” and initialed the change. This evidences two things of import to the Panel. First, Hawkins was not trying to hide his prior license suspensions. And second, Hawkins, while reporting his prior license suspensions, believed he was currently in good standing. If an applicant knew that he was not in good standing and intended to lie about it, it would not make sense to answer question 4 truthfully.
  10. The Panel finds, based upon the information before it, including testimony from Hawkins, that he did not knowingly falsify his Class C License Application. Because the incorrect answer was not made knowingly, it is not a basis upon which to deny Mr. Hawkins a license.
  11. The Panel notes that the Stewards did not have this same information before them. The Panel had the opportunity to hear from Hawkins directly as to why be believed he was in good standing. The Panel also had the opportunity to take additional testimony and inquire further into the facts and circumstances surrounding Hawkins’ answers to questions on his license application. As the Executive Director has emphasized, this Panel may only overturn a Steward’s decision if it is clearly erroneous or not supported by applicable law. Minn. R. 7897.0170, subd. 7. Therefore, the Panel does conclude that the Stewards’ finding that Hawkins’ false answer was made knowingly is clearly erroneous because of the additional information presented to the Panel.
  12. The commission or stewards may deny a class C license if the applicant is presently under suspension in another racing jurisdiction and, “Before considering a licensee for reinstatement in Minnesota or granting a license to an applicant, the commission, its designee, or stewards shall require such licensee to obtain reinstatement in the original racing jurisdiction where his or her license was denied, suspended, or revoked, and to establish his or her fitness to be reinstated in Minnesota.” Minn. R. 7897.0120, subp. 3.
  13. At the time of the initial Stewards Ruling, Mr. Hawkins had not been reinstated in Oklahoma. Since that date the Panel has become aware of additional circumstances, including that Mr. Hawkins has passed a urine drug screening and that he has been reinstated in Oklahoma.
  14. Rule 7897.0120, subp. 3 requires that before granting a license the commission must require that a person obtain reinstatement in their original racing jurisdiction from which the suspension occurred. Mr. Hawkins has done so. This is information that the Stewards did not and could not have possessed, but it has been presented to this Panel. Being in possession of this information, the Panel would be remiss in ignoring it. The Panel therefore concludes that the reciprocity rule no longer bars Hawkins from applying for a license in Minnesota, and the decision denying his license on this basis is no longer supported by applicable law.
  15. Because Hawkins did not knowingly falsify his Application and the reciprocity rule no longer bars his Application, there is no other basis identified by the Stewards to deny the Application. The Application should therefore be granted.
  16. The Executive Director also made mention of the Stewards’ determination that Hawkins was “unfit” for licensure due to his history of Methamphetamine use. The Stewards did not include such a finding in their Order. In any event, the Panel does not find that Hawkins is unfit for licensure, nor is his licensure adverse to the interests of the horseracing industry. Relevant to this conclusion is Hawkins’ agreement to ongoing drug screenings as a condition of his licensure. Additionally, the Rule 25 Assessment, which the Stewards did not have when they made their decision, indicated that Hawkins did not meet the “DSM 5 criteria for Substance Use Disorder,” and that Hawkins was “not in need of any further recommendations.”
  17. The appeal of the Ruling to the Commission was made in good faith and was not frivolous.
NOW, THEREFORE, based upon the foregoing Findings, Conclusions, and the entirety of the record in this matter, the Panel issues the following ORDER
  1. That the Ruling #C19013 is REVERSED.
  2. That the 2019 Class C license Application of Scott R. Hawkins is GRANTED, on the following conditions:
    1. Hawkins will submit to drug testing at the discretion of the Stewards;
    2. Any positive test for a prohibited substance will result in immediate suspension of his Class C license; and,
    3. If Hawkins refuses to comply with testing requested by the Stewards or their designee, his license will be immediately suspended.
  3. That pursuant to Minn. R. 7897.0150, Supb. 7, Hawkins’ appeal deposit will be refunded to him.
Dated: July 10, 2019. James S. Lane, III, Acting Chair, Lisa Goodman, Commissioner, Alan Gingold, Commissioner
Name: IRWIN JESUS ROSENDO Ruling Date: 7/6/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-7 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, Irwin Rosendo, having been summoned and appeared before the Board of Stewards on July 6, 2019 for failure to make sufficient effort to control his mount during the running of the 5th race on July 5, 2019, at the Downs of Albuquerque Racetrack while aboard “Runaway Regent”.

For this violation, the Board of Stewards assessed Irwin Rosendo a fine in the amount of $200. The fine is to be paid on or before August 12, 2019 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found in violation of and written in accordance with: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13 (E) (3) (a) NMAC Post to Finish When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede or intimidate any other horse, it is a foul. 15.2.5.13 (E) (3) (b) NMAC Post to Finish The offending horse may be disqualified, if in the opinion of the stewards, the foul altered the finish of the race, regardless of whether the foul was accidental, willful or the result of careless riding. 15.2.5.13 (E) (3) (c) NMAC Post to Finish If the stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey. 15.2.5.13(E)(4)(a) NMAC Disqualification. When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horse as in their judgment it interfered with, or they may place it last 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: MANDY HAWKINS Ruling Date: 7/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-109 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Mandy Hawkins was duly notified, failed to appear, and had her hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on July 4,2019, for failing to disclose her criminal history on her licensing application.

The Board of Stewards hereby fines Mandy Hawkins in the amount of three hundred dollars ($300.00). The fine is to be paid on or before August 5, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

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

15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 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: JEFF DALE HUDSON Ruling Date: 6/24/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-101 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/24/2019 Suspension End: 6/26/2019
Ruling Text: Trainer JEFFERY DALE HUDSON is hereby suspended, effective immediately June 24, 2019, for failing to pay the fine ($1500) assessed in Ruling 2019-SRP-11.

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

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

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JEFF DALE HUDSON Ruling Date: 6/28/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-101-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/24/2019 Suspension End: 6/26/2019
Ruling Text: RE: 2019-RUI-101 - Restored to Good Standing Trainer Jeffery Dale Hudson is hereby restored to good standing on June 26, 2019 having paid the ($1500.00) Fifteen hundred dollar fine assessed in rulings 2019-SRP-11.

Name: Guy Kisielewski Ruling Date: 6/20/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 32-2019 DEL Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 6/20/2019 Suspension End: 7/4/2019
Ruling Text: Delaware Park June 20, 2019 Stewards’ Ruling

(32-2019)

Stable Foreman/Assistant Starter Guy Kisielewski, DOB: 10/08/1969, RCI ID: 1951496, is hereby assessed a fine of fifteen hundred dollars ($1500), and suspended for fifteen (15) calendar days, from Thursday, June 20, 2019, through and including Thursday, July 4, 2019, for irresponsible behavior and causing an accident in the stable area at Delaware Park. During the time of his suspension, Mr. Kisielewski is denied access to all grounds under the jurisdiction of the Delaware Racing Commission. Following his suspension, Mr. Kisielewski will be reinstated with a conditional license. Refer to D.T.R.C. Rules 2.5.1.19, 3.4, 3.4.1.1, 3.4.1.3, 3.4.1.4, 18.3, 18.3.1. Fines to be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: DONALD GENE TRETT Ruling Date: 6/13/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-043 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 7/6/2019 Suspension End: 9/19/2019
Ruling Text: OWNER/TR DONALD G. TRETT PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "BIZZAR BROWN" THE 1ST PLACE FINISHER IN THE 6TH RACE AT WRD ON 5/13/2019, TESTING POSITIVE FOR THE DRUG "CLENBUTEROL". IT IS THEREFORE, THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. TRETT HAVING A THIRD OFFENSE FOR A CATEGORY "B" SUBSTANCE IN THE PAST 365 DAYS BE FINED $2500.00 AND IS SUPENDED FOR 60 DAYS EFFECTIVE 7/6/2019 AND CONTINUING THROUGH 9/3/2019. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM 1ST PLACE AT WRD ON 5/13/2019. DURING THE TERM OF SUSPENSION FOR MR. TRETT, HE IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACETRACKS AND PUBLIC AREAS COMING UNDER OHRC JURISDICTION.
Name: DONALD GENE TRETT Ruling Date: 9/19/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-043-REST Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 7/6/2019 Suspension End: 9/19/2019
Ruling Text: RE: 19-WRD-043A - Restored to Good Standing... Restored to Good Standing…MR TRETT SERVED HIS SUSPENSION AND PAID HIS FINE AS STIPULATED AND ORDER NUMBER 19-WRD-031 AND 19-WRD-043 AND IS RESTORED TO GOOD STANDINGS WITH OHRC 8/4/19.
Name: HERMENEGILDO G ALDAVAZ Ruling Date: 6/7/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-68 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 6/7/2019 Suspension End: 6/6/2020
Ruling Text: Owner/Trainer, HERMENEGILDO ALDAVAZ, is hereby summarily suspended, effective immediately, June 7, 2019, pending the outcome of his hearing on June 17, 2019, @ 12:30 p.m in the offices of the Board of Stewards at Ruidoso Downs Racetrack (26225 US-70, Ruidoso NM 88346) per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the detection of the Class 2 Penalty A substance, doxapram, found test sample #E317776 taken from the winner (trained by HERMENEGILDO ALDAVAZ), “Nuevo Patron ”, in the 2nd race on May 10, 2019, at Sunray Park Racetrack.

In accordance with 15.2.1.9 (C)(21), HERMENEGILDO ALDAVAZ is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of HERMENEGILDO ALDAVAZ are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained, owned, or in the care and custody of HERMENEGILDO ALDAVAZ must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION. Licensee is found in violation of and this ruling is written in accordance with: 15.2.6.9(C)(1)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 22 15.2.6.9(B)(1)Penalty Recommendations 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8(U)(2) Protection of horses No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care. 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: HERMENEGILDO G ALDAVAZ Ruling Date: 6/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-68-CC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 6/7/2019 Suspension End: 6/6/2020
Ruling Text: RE: 2019-RUI-68 - Case Continued Owner/Trainer, HERMENEGILDO ALDAVAZ (currently under summary suspension) was duly notified and appeared for a summary suspension hearing before the Board of Stewards on June 17, 2019. The summary suspension was in regard to the detection of the Class 2 Penalty A substance, doxapram, found in test sample #E317776 taken from the winner (trained by HERMENEGILDO ALDAVAZ), “Nuevo Patron ”, in the 2nd race on May 10, 2019, at Sunray Park Racetrack.

In accordance with 15.2.1.9(B)(3)(a), the Board of Stewards hereby continue the summary suspension of all licenses belonging to HERMENEGILDO ALDAVAZ pending the results of the split sample.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- Clenbuterol Class A Classification for Quarter horses 15.2.6.9(C)(1)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: HERMENEGILDO G ALDAVAZ Ruling Date: 8/16/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-68-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 6/7/2019 Suspension End: 6/6/2020
Ruling Text: RE: 2019-RUI-68 - Ruling Final Outcome Trainer/ Owner Hermeneglido G. Aldavaz (currently summarily suspended) was duly notified and appeared before the Board of Stewards on August 14, 2019. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the prohibited, Class 2 Penalty A (ARCI uniform classification attachment 1 page 22) drug “Doxapram” detected in horse “Nuevo Patron” (Test Sample #E317776), who finished first place in the 2nd race on May 10, 2019, at Sunray Park Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Doxapram at 1.61 ng/ml in the blood, there is no permissible level for Doxapram.

Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by TVMDL for Doxapram at 1.0 +/- 0.47 ng/ml in the blood.

Hermeneglido G. Aldavaz, was the trainer and owner of record for the horse “Nuevo Patron” at the time of the incident.

For Hermeneglido G. Aldavaz FIRST Class 2 Penalty A medication violation in a lifetime issued in accordance with 15.2.6.9 (B)(1) Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

    1. A 1 year suspension of all NMRC licenses retroactive from the summary suspension, June 7, 2019 through June 6, 2020 inclusive.
    2. A ($10,000) ten thousand dollar fine to paid on or before September 12, 2019 in accordance with 15.2.3.8 (B)(3)(k). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
    3. The horse “Nuevo Patron” is placed on the Veterinarian’s list for a period of 180 days (beginning June 7, 2019, through December 3, 2019, inclusive) and must pass a commission approved examination and must provide a negative blood sample before becoming eligible to be entered.
    4. The horse “Nuevo Patron” is hereby disqualified from FIRST PLACE and ordered unplaced from the 2nd race on May 10, 2019, Sunray Park, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Daddys Wine
                2. Caliente Winner
                3. One Sweet Rojo
                4. Swizzlon Moments
                5. Recife
                6. Wdc Ez Come Ez Go
                7. Blazin Version

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/15.2.5.13 E (4)(d) Running of the race/ 15.2.5.14 D 7Protests, Objections, and Inquiries/ 15.2.6.9(C)(1)(2)(3)(8)(a)Medication Restrictions/ 15.2.6.11 A. Trainer responsibility/16.47.1.8(T) Knowledge of the Rules/ 16.47.1.8(U) Protection of Horses/ 16.47.1.10(B)(1-3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of a money order, cashier's check or a corporate check.

Name: GERARDO OCHOA Ruling Date: 7/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-39-RES Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2019-RUI-39 - 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: GERARDO OCHOA Ruling Date: 5/25/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-39 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Gerardo Ochoa-Pena was duly notified , failed to appear or respond, 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 May 25, 2019. The hearing was in regard to Gerardo Ochoa-Pena failing to have a current piroplasmosis for entry “Big Daddys Lajolla”, which resulted in a late scratch in the 7th race on April 19, 2019, at Sunland Park Racetrack.

The Board of Stewards hereby fines Gerardo Ochoa-Pena in the amount of two hundred dollars ($200.00). The fine is to be paid on or before June 25, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with 15.2.3.8 B (1) (d) Stewards General authority. The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 16.47.1.10(C)(5)Trainer Responsibility The trainer is responsible for the proper identity, custody, care, health, condition, and safety of horses in their charge. 16.47.1.10(C)(15) Trainer Responsibility The trainer is responsible for maintaining a knowledge of the medication record and status of all horses in their care. 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: DONALD GENE TRETT Ruling Date: 5/6/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-031 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 6/6/2019 Suspension End: 9/19/2019
Ruling Text: OWNER/TR DONALD G. TRETT PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "MAVERICK BROWN" THE 1ST PLACE FINISHER IN THE 10TH RACE AT WRD ON 4/16/2019, TESTING POSITIVE FOR THE DRUG "CLENBUTEROL". IT IS THEREFORE, THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. TRETT HAVING A SECOND OFFENSE FOR A CATEGORY "B" SUBSTANCE IN THE PAST 365 DAYS BE FINED $1500.00 AND IS SUPENDED FOR 30 DAYS EFFECTIVE 6/6/2019 AND CONTINUING THROUGH 7/5/2019. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM 1ST PLACE AT WRD ON 4/16/2019. DURING THE TERM OF SUSPENSION FOR MR. TRETT, HE IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACETRACKS AND PUBLIC AREAS COMING UNDER OHRC JURISDICTION.
Name: DONALD GENE TRETT Ruling Date: 9/19/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-031-REST Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 6/6/2019 Suspension End: 9/19/2019
Ruling Text: RE: 19-WRD-031A- Restored to Good Standing…MR TRETT SERVED HIS SUSPENSION AND PAID HIS FINE AS STIPULATED AND ORDER NUMBER 19-WRD-031 AND 19-WRD-043 AND IS RESTORED TO GOOD STANDINGS WITH OHRC 8/4/19.
Name: CLIFTON OWENS Ruling Date: 4/25/2019
Jurisdiction: Minnesota Racing Commission Facility: Minnesota Racing Commission
Ruling Number: 2019-Comm-3 Ruling Type: By Order of Commission/Administration
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: In the Matter of the 2019 Class C License Application of Clifton Owens Jr. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Pursuant to its authority under Minnesota Statutes Chapter 240 and Minnesota Rules Chapters 7869-7897, the Minnesota Racing Commission (“MRC”) makes the following: FINDINGS OF FACT 1. The applicant, Clifton Owens Jr. (“Owens”) submitted an application to the MRC on April 1, 2019 for a Class C occupational license as a groom/hotwalker. Exhibit A. 2. The second page of the MRC license application provides an affidavit which is required by law. Owens signed this affidavit wherein he affirmed under oath, “I have been discharged from any supervision related to a disqualifying offense for a period of at least 5 years.” Exhibit A. 3. On April 13, 2000, Owens pled guilty to felony aiding and abetting first degree burglary. On May 4, 2000, Owens was sentenced to one year of confinement and four years in prison. His prison sentence was stayed for 20 years during a period of probation. Owens is still on probation and his sentence has not been fully discharged. CONCLUSIONS OF LAW 1. The MRC is empowered to issue licenses, to supervise the conduct of pari-mutuel betting on horse racing, and to enforce all laws and rules governing horse racing, among other duties. Minn. Stat. § 240.03. 2. Minnesota Statutes § 240.05 provides that the MRC “may issue… Class C licenses for the privilege of engaging in certain occupations related to horse racing” and that “it is the intent of the legislature that authority granted by law to the commission to issue licenses not be construed as requiring the commission to issue any license.” 3. Minnesota Statutes § 240.08, subdivision 2, paragraph (a) provides that an application for a Class C license must be accompanied by an “affidavit of qualification” that the applicant:
      1. is not in default in the payment of an obligation or debt to the state under Laws 1983, chapter 214;
      2. does not have a felony conviction of record in a state or federal court and does not have a felony charge pending;
      3. is not and never has been connected with or engaged in an illegal business;
      4. has never been found guilty of fraud or misrepresentation in connection with racing or breeding;
      5. has never been found guilty of a violation of law or rule relating to horse racing, pari-mutuel betting or any other form of gambling which is a serious violation as defined by the commission’s rules;
      6. has never been found to have knowingly violated an order of the commission or a law or rule of Minnesota or another jurisdiction relating to horse racing, pari-mutuel betting, or any other form of gambling; and
      7. has never been convicted of or entered a guilty plea, Alford plea, or plea of no contest to an offense under Chapter 343 or 346 or a similar law in another jurisdiction pertaining to mistreatment of animals.
4. Minnesota Statutes § 240.08, subdivision 2a provides, the commission may issue a license to an applicant otherwise disqualified pursuant to subdivision 2, paragraph (a), clause (2), for an occupation that does not involve gaming operations, security, surveillance, or the handling of pari-mutuel or card club revenues provided that the applicant has not been convicted of a felony or a crime involving fraud or misrepresentation within ten years of application and has been discharged from any supervision related to the disqualifying offense for a period of at least five years. 5. If the Commission determines that an applicant is qualified, it may issue a license to the applicant. Minn. Stat. § 240.08, subd. 4. 6. Owens is unqualified for a Class C license as a matter of law because he cannot truthfully sign the affidavit of qualification required by Minnesota Statutes, section 240.08, subdivision 2. Specifically, Owens was convicted of a felony and is still on probation. He has not been discharged from any supervision related to the disqualifying offense. 7. Pursuant to Minnesota Rules, part 7897.0120, subpart 4, item A, an individual whose license is denied is ineligible to apply for a license from the MRC for two years. ORDER IT IS HEREBY ORDERED:
    1. The 2019 Class C license application of Clifton Owens Jr. is DENIED.
    2. Clifton Owens Jr. is ineligible to apply for a license from the MRC for two years.
Date: April 25, 2019 Tom DiPasquale Executive Director RIGHT TO APPEAL Owens may appeal this decision to the Commission by filing a written request for appeal with the commission’s director within five days after being orally advised of this decision or receiving this written order, whichever is earlier. The appeal request must contain the following information:
      1. name, address, and telephone number of appellant;
      2. a description of the objections to the license denial;
      3. a statement of the relief sought; and
      4. whether Owens desires to be present in person at the hearing of the appeal.
At the time of filing an appeal, Owens must deposit $150, which will be refunded at the conclusion of the appeal unless the commission finds that the appeal was frivolous, in which case the deposit will be forfeited. If the commission determines that the appeal was commenced in bad faith for purposes of delay or was unreasonable and without substance or merit, the commission may impose an additional fine of up to $450. Please refer to Minnesota Rules, part 7897.0155 and Minnesota Rules, part 7897.0170 for additional information on appeals to the commission.
Name: GERARDO OCHOA Ruling Date: 4/21/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-242 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Gerardo Ochoa-Pena having been duly notified waived his right to a hearing before the Board of Stewards on April 21st , 2019, for failing to have a current piroplasmosis on file in the racing office for entry “Big Daddys Lajolla” which resulted in a late scratch in the 7th race on April 19th , 2019 at the Sunland Park.

Licensee is found to be in violation of. 16.47.10.(C)(15) Trainer Responsibility; The Traineer is responsible for maintaining a knowledge of the medication record and status of the horses in their care. For this violation, the Board of Stewards assessed Gerardo Ochoa-Pena a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before May 21, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension This ruling is written in accordance with

16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: EMILIO CADENA Ruling Date: 4/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-233 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Emilio Cadena III was duly notified, and appeared before the Board of Stewards on April 16, 2019, for failing to disclose his complete criminal history on his licensing application.

The Board of Stewards hereby fines Emilio Cadena III in the amount of two hundred dollars ($200.00). The fine is to be paid on or before May 16, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed shall result in immediate suspension.

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

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

Name: LUIS ALBERTO CANCHARI Ruling Date: 4/18/2019
Jurisdiction: Minnesota Racing Commission Facility: Minnesota Racing Commission
Ruling Number: 2019-Comm-4 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: In the Matter of the Class C License of Luis Canchari FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Pursuant to its authority under Minnesota Statutes Chapter 240 and Minnesota Rules Chapters 7869-7897, and based upon all the facts, records, and proceedings herein, the Minnesota Racing Commission ("MRC") makes the following: FINDINGS OF FACT
    1. Luis Canchari ("Canchari") was licensed by the MRC as a race horse trainer in 2017 (MRC# 2438).
    2. On November 19, 2018, following a contested case hearing pursuant to the Minnesota Administrative Procedure Act (Minn. Stat. Chap. 14), the MRC issued a final order, finding Canchari responsible for a serious violation of the commission's mies; suspending his license for one year, effective May 4, 2018; excluding him from the grounds of licensed Minnesota racetracks while his suspension is in effect; fining him $10,000, and disqualifying his horse Carson's Storm and forfeiting and redistributing purse money won in the eighth race at Canterbury Park on May 20, 2017.
    3. The time to appeal MRC's final order expired without appeal by Canchari.
    4. Canchari has not paid the ordered fine and has advised MRC staff on multiple occasions that he will not pay the fine.
    5. In May 2017 MRC rules were amended to provide that failure to timely pay a fine is grounds for imposition of an additional fine. Pursuant to such authority, the MRC has made it a practice to impose additional fines on persons with large unpaid fines.
    6. On April 18, 2019, pursuant to Notice of Disciplinary Hearing to determine whether to impose an additional fine for failure to pay the previously ordered fine, Canchari appeared pro se before the MRC and testified that he intended to pay but had no job or money and could not pay the fine.
CONCLUSIONS OF LAW
    1. MRC is empowered to regulate horse racing to ensure it is conducted in the public interest and to take all necessary steps to ensure the integrity of racing in Minnesota. Minn. Stat. § 240.03. This includes protecting the health and safety of all participants.
    2. Fines issued by the MRC are due within 72 hours, and "failure to pay the fine within the required time is grounds for suspension, an additional fine, and such other sanctions and restrictions as the commission, its designee, or the stewards reasonably deem necessary." Minn. R. 7897.0130, subp. 6.The commission or stewards must determine whether a rule violation constitutes a "serious violation," which is defined as a violation having "substantial adverse effect on the integrity of pari-mutuel horse racing, public welfare, health or safety." Minn. R. 7897.0130.
    3. The fine imposed for a "serious violation" must be at least $1000 and may be up to $50,000; the fine for other violations may not exceed $999. Minn. R. 7897.0130, subp. 5.
    4. Minn. R. 7897.0130, subp. 3, provides that when determining whether a rule violation is a "serious violation," and in assessing the fine amount for any violation, the MRC must consider the following factors:
          1. the potential or actual harm to persons, property or the integrity of racing;
          2. the culpability of the violator;
          3. the frequency of the violator's failure to comply with law or rule; and
          4. any other factors reasonably related to the health, safety, and welfare of participants in racing or the integrity of pari-mutuel racing in Minnesota.
    5. For these purposes Canchari ' s failure to pay the ordered fine within 72 hours is not deemed to be a serious violation.
ORDER IT IS HEREBY ORDERED:
      1. Canchari will not be ordered to pay an additional fine for failure to timely pay the previously ordered fine.
      2. Canchari will remain ineligible for licensing in Minnesota until (a) all fines are paid and (b) he can demonstrate that he meets all other criteria for licensure by the MRC.
      3. Nothing in this Order changes the MRC Order dated November 19, 2018, which remains in full force and effect.
RIGHT TO APPEAL Canchari shall have the right to appeal this decision by filing a written request for appeal to the MRC Executive Director within five days after receipt of this order. Any such appeal shall be governed by Minn. R. 7897.0150 through 7897.0180. Date: 04/18/2019 James Lane Acting Chair
Name: ROBERT MECHE Ruling Date: 1/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-33 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/19/2019 Suspension End: 1/18/2020
Ruling Text: Trainer/Owner: Robert Meche, having been duly notified and failed to appear before the Board of Stewards on January 18, 2019. The hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance. The hearing was in regard to Robert Meche failing to report, as instructed, to the Zia Park Test Barn Facility on November 11, 2018, with the horses “All Blinged Up”, “RKM a Perfect Storm” and “Jess Groovy” which were selected for out of competition testing. Robert Meche was properly notified in accordance with 15.2.6.9 J (1) (a-e) OUT OF COMPETITION TESTING . The Board of Stewards hereby access Robert Meche: A penalty of one year suspension of all NMRC licenses starting January 19, 2019, through January 18,2020, inclusive. The horses “All Blinged Up”, “RKM a Perfect Storm” and “Jess Groovy” are placed on the stewards list for a minimum of 120 days beginning November 12, 2018. These horses must pass a hair test before entry.

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

Licensee is found in violation of and in accordance with: 15.2.6.9 J (8) (a-b) All horses selected for testing must be presented to the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, at the time designated, unless the trainer or owner provides verification of an extenuating circumstance that makes it impossible. Penalties for violations of this subsection include: (a) any horse not presented for testing upon notification absent extenuating circumstances will be placed immediately on the steward’s list for a minimum of 60 days and shall be subject to all the requirements set forth in Paragraph (8) of Subsection C of 15.2.6.9 NMAC; and b) the licensed trainer of a horse not presented for testing upon notification and absent extenuating circumstances is a minimum license suspension of one year. 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: ROBERT MECHE Ruling Date: 1/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-33-ASC Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/19/2019 Suspension End: 1/18/2020
Ruling Text: RE: 2019-SUN-33 - Appeal Submitted to Commission

Appeal received at Sunland Park on January 22, 2019 at 12:24 PM.

Name: ROBERT MECHE Ruling Date: 3/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-33-MOD Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/19/2019 Suspension End: 1/18/2020
Ruling Text: RE: 2019-SUN-33 - Modified Ruling Trainer/Owner: Robert Meche, having been duly notified and failed to appear before the Board of Stewards on January 18, 2019. The hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance. The hearing was in regard to Robert Meche failing to report, as instructed, to the Zia Park Test Barn Facility on November 12, 2018, with the horses “All Blinged Up”, “RKM a Perfect Storm” and “Jess Groovy” which were selected for out of competition testing. Robert Meche was properly notified in accordance with 15.2.6.9 J (1) (a-e) OUT OF COMPETITION TESTING . The Board of Stewards hereby access Robert Meche: A penalty of one year suspension of all NMRC licenses starting January 19, 2019, through January 18,2020, inclusive. The horses “All Blinged Up”, “RKM a Perfect Storm” and “Jess Groovy” are placed on the stewards list for a minimum of 120 days beginning November 12, 2018. These horses must pass a hair test before entry.

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

Licensee is found in violation of and in accordance with: 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. 15.2.6.9 J (8) (a-b) All horses selected for testing must be presented to the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, at the time designated, unless the trainer or owner provides verification of an extenuating circumstance that makes it impossible. Penalties for violations of this subsection include: (a) any horse not presented for testing upon notification absent extenuating circumstances will be placed immediately on the steward’s list for a minimum of 60 days and shall be subject to all the requirements set forth in Paragraph (8) of Subsection C of 15.2.6.9 NMAC; and b) the licensed trainer of a horse not presented for testing upon notification and absent extenuating circumstances is a minimum license suspension of one year. 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: BEN KEITH WILLIAMS Ruling Date: 12/1/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-245 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner, Ben Williams was duly notified and appeared for a hearing before the Board of Stewards on December 1, 2018, for failing to disclose his complete criminal history on his license application.

After considering the mitigating circumstances, the Board of Stewards hereby issues a warning letter to Ben Williams.

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

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

Name: MARK ANTHONY MC ELVANY Ruling Date: 11/26/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-240 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/26/2018 Suspension End:
Ruling Text: Security Officer Mark Anthony Mc Elvany, was duly notified and appeared before the Board of Stewards on November 26, 2018, at Zia Park Racetrack. The hearing was in regard to Mark Anthony Mc Elvany failing to disclose his complete criminal history on his licensing application.

Mark Anthony Mc Elvany is no longer employed as a Security Officer. Therefore, The Board of Stewards hereby revokes any/all New Mexico Racing Commission licenses belonging to Mark Anthony Mc Elvany, effective immediately November 26, 2018. Furthermore, Mark Anthony Mc Elvany and is referred to the New Mexico Racing Commission for their further review prior to any future application.

Mark Anthony Mc Elvany is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

Licensee is found to be in violation of and this ruling is written in accordance with: 16.47.1.8 (M)(2) NMAC: A license is valid only under the condition that the licensee remains eligible to hold such a license. 16.47.1.8 (L)(1)(d) GROUNDS FOR DISCIPLINARY MEASURES The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant has failed to disclose or falsely states any information required in the application; 16.47.1.8 (L)(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 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: MAX G PALMER Ruling Date: 10/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-146 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/27/2018 Suspension End: 12/25/2018
Ruling Text: Groom, Max Palmer, was summarily suspended on October 27, 2018, and waived his rights to a 10-day notice of disciplinary hearing before the Board of Stewards on October 27, 2018. Max Palmer tested positive for amphetamine and methamphetamine during a drug screening on October 27, 2018.

The Board of Stewards hereby issue Max Palmer a penalty of the following:

    1. A suspension of all NMRC licenses for 60 days starting immediately October 27, 2018, through December 25, 2018, inclusive.

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

Licensee is found to be in violation of and this ruling is written in accordance with: 16.47.1.17 (A)(1) TESTING PROCEDURES/16.47.1.17 (A)(2) TESTING PROCEDURES /16.47.1.16 (C)(7) Restricted Activities 16.47.1.18 (B) ASSESSMENT/TREATMENT REQUIREMENTS GENERAL FIRST-TIME OFFENDERS: The board of stewards or the commission may, at its discretion, order the licensee to obtain a professional assessment to determine whether there is a substantial probability that the licensee is dependent on, or abuses, alcohol or other drugs or the board of stewards or the commission may act on the information at hand. (2) Actions in the case of first offenders may include revocation of the license, suspension of the license for up to six (6) months, placing the offender on probation for up to ninety (90) days or ordering formal assessment and treatment. (3) Treatment or assessment, if ordered, must meet the conditions given in 16.47.1.18.C NMAC. 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 FRANCISCO RAMIREZ Ruling Date: 10/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-91 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/30/2018 Suspension End:
Ruling Text: Trainer Jose Francisco Ramirez Sr. is hereby suspended, effective immediately October 21, 2018, for failing to pay the fines ($6,000) assessed in Rulings 2017-RUI-56 and 2018-SRP-90.

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

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

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JESUS G BELTRAN Ruling Date: 10/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-38 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 10/8/2018 Suspension End: 11/6/2018
Ruling Text: THIS RULING IS WRITTEN IN ACCORDANCE WITH THE NMRC RULES THAT WERE IN EFFECT ON JULY 28, 2018.

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

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

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

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

During said time of applicable suspension Jesus Beltran is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by, or under the care and custody of Jesus Beltran are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by, or in the care and custody of Jesus Beltran must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION, and 16.47.1.10(D)(5)Assistant Trainers. Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations /16.47.1.8(T)Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/ 16.47.1.10(B) (1)(2)(3)Absolute Insurer 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.

Name: Jacob John Simmons Ruling Date: 9/29/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-13 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 trainer’s license issued to JACOB J SIMMONS,III is herby rescinded, after being issued in error. JACOB J SIMMONS,III must pass the Trainer’s Test in New Mexico prior to any future licensing as a trainer in the state of New Mexico.

This ruling is in accordance with: 16.47.1.8 (M)(2)Duration Of License A license is valid only under the condition that the licensee remains eligible to hold such a license. 16.47.1.8 L (1)(C) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: who is unqualified, by experience or otherwise, to perform the activities for which a license is required, or who fails to pass an examination prescribed by the commission. 16.47.1.10(A) Trainer Eligibility

15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JORGE SIFUENTES Ruling Date: 9/2/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-161 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/2/2018 Suspension End: 11/1/2018
Ruling Text: Owner/Groom Jorge Sifuentes is hereby summarily suspended, effective immediately, September 2, 2018, pending the outcome of his hearing on September 3, 2018, @ 10:00a.m, in the offices of the Board of Stewards at Ruidoso Downs (26225 US-70, Ruidoso NM 88346), per 15.2.1.9 (B)(3)(b) Summary Suspension. Jorge Sifuentes was in possession of a needle and syringe found in his truck during a compliance search by the Integrity Team Investigators on September 2, 2018, at Ruidoso Downs.

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

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.6.8 (B)(3)(b) TREATMENT RESTRICTIONS No person other than a veterinarian licensed to practice veterinary medicine in this jurisdiction and licensed by the commission, or a veterinary assistant licensed by the commission acting under the direct supervision of a licensed veterinarian, shall possess on any location under the jurisdiction of the commission any of the following unless approved by the commission any hypodermic syringe, hypodermic needle or any equipment associated with the aid of intravenous administration. 16.47.1.8 (E) Consent to Search and Seizure By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law. 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule. 15.2.3.8 B (3)(f) Stewards Disciplinary Action/15.2.3.8 B (3)(a) Stewards Disciplinary Action/15.2.3.8 B (1) (d) Stewards General Authority /16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority /16.47.1.8 (A)(1) License Required /16.47.1.8 (A)(2) License Required16.47.1.8(N) Last Known Address

Name: JORGE SIFUENTES Ruling Date: 9/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-161-FO Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/2/2018 Suspension End: 11/1/2018
Ruling Text: RE: 2018-RUI-161 - Ruling Final Outcome Groom/Owner, Jorge Sifuentes, was duly notified and waived his rights to a 10-day notice of hearing before the Board of Stewards on September 3, 2018. The hearing was in regard to Jorge Sifuentes being in possession of a needle and syringe found in his truck during a compliance search by the Integrity Team Investigators on September 2, 2018, at Ruidoso Downs.

The Board of Stewards hereby issues a 60 day suspension of any/all New Mexico Racing Commission licenses belonging to Jorge Sifuentes, starting September 2, 2018, through October 31, 2018, inclusive (retroactive from the summary suspension issued on September 2, 2018).

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

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.6.8 (B)(3) TREATMENT RESTRICTIONS: No person other than a veterinarian licensed to practice veterinary medicine in this jurisdiction and licensed by the commission, or a veterinary assistant licensed by the commission acting under the direct supervision of a licensed veterinarian, shall possess on any location under the jurisdiction of the commission any of the following unless approved by the commission(a) any drug which is a narcotic, stimulant, or depressant, or any other substance or medication that has been prepared or packaged for injection by a hypodermic syringe, or hypodermic needle; 15.2.6 NMAC 2 (b) any hypodermic syringe, hypodermic needle or any equipment associated with the aid of intravenous administration. 16.47.1.8 (E) Consent to Search and Seizure By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law. 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: MICHAEL A ALTSTADT Ruling Date: 8/10/2018
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #18-0083 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/10/2018 Suspension End: 9/2/2019
Ruling Text: Stable Employee: Michael A. Altstadt (D.O.B. 4/4/1969)

Michael A. Altstadt is hereby suspended by the Board of Stewards for his falsification of license application and his formal ejection from Ellis Park that occurred on September 16, 2016. During his suspension Mr. Altstadt is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission.

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

BY ORDER OF THE STEWARDS

Name: JUAN ERNESTO POBLANO Ruling Date: 7/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-64 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/14/2018 Suspension End: 9/21/2019
Ruling Text: Owner JUAN ERNESTO POBLANO is hereby suspended, effective immediately July 14, 2018, for failing to pay the fines ($10,000, ten thousand dollars) assessed in Rulings 2018-SUN-4 and 2018-SUN-212.

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

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b)

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

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

Licensee is found in violation of 15.2.6.9(C)(1) : prima facie evidence Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules . MITIGATING CIRCUMSTANCES=’ARCI’ RULES IN EFFECT IN 2015. For Jose F. Ramirez Sr’s 2nd Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

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

This ruling is written in accordance with 15.2.6.11(A)(B) NMAC: Trainer Responsibility 16.47.1.10(B)(1)(2) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.5.13(E)(4)(d) : Stewards General Authority Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification.” 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 15.2.1.9(B)(9)b: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: GERARDO OCHOA Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-248 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Gerardo Ochoa was duly notified and represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 13, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Taleas Pride” (Test Sample #: NM29819), who finished 2nd place in the 8th race on January 5, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

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

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

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

During said time of applicable suspension Gerardo Ochoa is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Gerardo Ochoa are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by, owned by, or in the care and custody of Gerardo Ochoa must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION. Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)(1)(2)(3) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: GERARDO OCHOA Ruling Date: 4/18/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-248-AFF Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF: TRAINER GERARDO OCHOA-PENA ID#21264 RULING #2018-SUN-248 FOR POSITIVE SAMPLE #NM29819 HORSE “TALEAS PRIDE” 2018-SUN-248-AFF

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) at its regularly scheduled meeting on March 21, 2019, on review of the Hearing Officer’s Report, Proposed Findings of Fact and Conclusions of Law, Recommended Penalties in the above-captioned matter. A hearing on the merits was held on January 15, 2019, before Hearing Officer Kevin Fitzwater, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was transcribed by Christopher R. Sanchez of Williams and Associates, LLC, and the transcripts are in the custody of the Racing Commission. The administrative prosecutor for the New Mexico Racing Commission was Mark F. Swanson, Esq. The Respondents were represented by Daniel A. Marquez, Esq. Pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act, having familiarized itself with the recording of the January 5, 2019 hearing, the Hearing Officer’s Report, and the exhibits admitted into evidence, the Commission hereby rejects the Hearing Officer’s Recommendations, and adopts the following Findings of Fact and Conclusions of Law:

FINDINGS OF FACT 1.) On January 5, 2018, the horse "Taleas Pride" raced in the eighth (8th) race at Sunland Park Racetrack located in Sunland Park, New Mexico, finishing in second (2nd) place after the disqualification of another horse. [Exhibits 2 and 3]. 2.) On that day, Licensee Gerardo Ochoa-Pena was the trainer of the horse "Taleas Pride." [Exhibit 8; Leasa Johnson testimony, page 18; Gerardo Ochoa-Pena testimony pages 110 and 118]. 3.) On that day, Eusebio V. Sanchez was the owner of "Taleas Pride". [Exhibit 2 and 3, Leasa Johnson testimony page 18]. 4.) Upon completion of the 8th race at Sunland Park Racetrack, "Taleas Pride" was designated by the racetrack Board of Stewards to have a urine sample taken at the test barn. [Dr. Ashby testimony, page 45-46]. 5.) A urine sample was collected from "Taleas Pride" in the test barn. The sample was assigned the code #NM29819. [Exhibit 16; Dr. Ashby testimony pages 47 and 49]. 6.) "Taleas Pride" was tested in conformity with established procedures under the supervision of Dr. Ashby. [Exhibit 16; Dr. Ashby testimony pages 47-48; Mara Banderas testimony pages 65-67]. 7.) The taking, packaging and sealing of the sample were always witnessed by a representative of the Trainer, Gerardo Ochoa-Pena, was conducted by Mara Banderas and supervised by Dr. Ashby. [Exhibit 16; Dr. Ashby testimony pages 47-49; Mara Banderas testimony pages 65-67; Gerardo Ochoa-Pena testimony pages 121-122]. 8.) The integrity of the chain of custody was maintained throughout. [Id.] 9.) The urine sample was shipped via UPS bonded courier to the Equine Analytical Chemistry Laboratory at the University of California, Davis (the "Laboratory.") [Exhibit 17; Dr. Moeller testimony, page 78-79]. 10.) Upon receipt, the Laboratory tested urine sample #NM29819. [Dr. Moeller testimony pages 79-84]. 11.) Using established procedures and protocol, The Laboratory screened the sample for the presence of drugs by the method of liquid chromatography/ mass spectrometry. [Exhibit 17; Dr. Moeller testimony, pages 79-84]. 12.) The Laboratory identified the presence of Clenbuterol in the sample. [Exhibit 17; Dr. Moeller testimony page 83]. 13.) On January 5, 2018, Clenbuterol was a banned substance. [Exhibit 4]. 14.) By letter dated January 20, 2018, notice was provided individually to Trainer Gerardo Ochoa-Pena and by letter dated January 20, 2018 to Owner Eusebio V. Sanchez informing each of the positive test for Clenbuterol and of potential disciplinary penalties as a result. [Exhibit 10 and 11]. 15.) On March 7, 2018 and March 26, 2018, hair samples were obtained from the horse "Taleas Pride." [Exhibit C and D; Ochoa-Pena testimony pages 111-113]; [Id.] 16.) The hair samples tested negative for the presence of Clenbuterol. [Exhibit C and D]. 17.) The negative test on the hair did not refute the presence of Clenbuterol in the urine sample. [Exhibit 17; Dr. Moeller testimony, pages 99-103; Dr. Bartone testimony pages 135-136].
CONCLUSIONS OF LAW A.) This matter came properly before the Commission in accordance with NMSA 1978, Sections 60-1A-4(A)(8)(2007) and 60-1A-5(C)(2007) and the Hearing Officer held this as a de novo hearing. B.) Notice was properly given, and the Commission has jurisdiction over the Respondents. C.) The Commission rules are intended to "protect the integrity of horse racing, to ensure the health and welfare of race horses and to safeguard the interests of the public and the participants in racing." 15.2.6.6 NMAC. D.) A positive test for a prohibited drug, medication or substance is prima facie evidence of a violation, as reported by a Commission approved laboratory, absent substantial evidence to the contrary. 15.2.6.11(A) NMAC. E.) Any level of Clenbuterol is prohibited from being present in race horses. NMSA 1978, Section 60-1A-11(E) and 15.2.6.9 NMAC. F.) The presence of Clenbuterol in the sample is prima facie evidence of a violation. NMSA 1978 Section, 60-1A-11(E), 15.2.6.9 NMAC and 15.2.6.1 (A) NMAC. G.) The Trainer is the "absolute insurer" of the condition of the horse entered in an official race and is responsible for the presence of any prohibited drug, medication or other substance. 15.2.6.1(A) NMAC. H.) Test results are admissible upon the Prosecution establishing the identity of the sample with reasonable certainty. Claridge v. New Mexico State Racing Comm'n, 1988-NMCA- 056, 107 N.M. 632, 763 P.2d 66. I.) The penalty for a trainer's third Class 3B violation is a 60-day suspension absent mitigating circumstances. A minimum fine of $2,500 absent mitigating circumstances. J.) The penalty for an owner's fourth lifetime Class 3B violation is disqualification, loss of purse, a $5,000 fine absent mitigating circumstances and the horse must pass a commission-approved examination before becoming eligible to be entered. K.) There are no mitigating circumstances or substantial evidence to release the trainer from his responsibilities under 15.2.6.11 NMAC.
ORDER IT IS THEREFORE ORDERED as to Trainer Gerardo Ochoa-Pena: 1.) A nine month suspension, six months of which has been served, to begin on May 2, 2019; and 2.) A $4,000 dollar fine, $3,000 of which has been paid. The remaining balance is due 30 days from the date of this order.

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

Date: April 18, 2019 Signed by: Chairman Willis

Name: GERARDO OCHOA Ruling Date: 5/23/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-248-ADC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
STATE OF NEW MEXICO
BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF: TRAINER GERARDO OCHOA-PENA ID#21264 RULING #2018-SUN-248-AFF FOR POSITIVE SAMPLE #NM29819 HORSE “TALEAS PRIDE”

2018-SUN-248-ADC

In accordance with Paragraph (10) of Subsection B of 15.2.1.9 NMAC, it is hereby ordered that a TEMPORARY STAY in the matter of the suspension of Trainer GERARDO OCHOA-PENA is issued. Pursuant to District Court Judge Benjamin Chavez, the TEMPORARY STAY is in effect until such time as a hearing is scheduled and a final order is entered on Trainer GERARDO OCHOA-PENA's Motion for Emergency Stay which was filed in connection with his appeal of the Decision and Order issued by the New Mexico Racing Commission on April 18, 2019 This TEMPORARY STAY went into effect May 2, 2019.

BY ORDER OF THE NEW MEXICO RACING COMMISSION Signed by: Ismael Trejo

Name: GERARDO OCHOA Ruling Date: 9/6/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-248-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: IN THE MATTER OF: TRAINER GERARDO OCHOA-PENA ID#21264 RULING #2018-SUN-248-AFF FOR POSITIVE SAMPLE #NM29819 HORSE “TALEAS PRIDE” 2018-SUN-248-FO

IN THE MATTER OF: OWNER EUSEBIO V. SANCHEZ ID # 7076 RULING #2018-SUN-249 FOR POSITIVE SAMPLE #NM29819 HORSE “TALEAS PRIDE” 2018-SUN-249-FO

FINAL ORDER

Pursuant to the Order of Dismissal issued by the Honorable Benjamin Chavez, District Court Judge, the Court reverses the decision of the New Mexico Racing Commission in the matter of Gerardo Ochoa-Pena and the matter of Owner Eusebio V. Sanchez. Therefore, the Commission’s Decision & Order Nos. #2018-SUN-248-AFF and 2018-SUN-249-AFF are hereby reversed and dismissed. IT IS FURTHER ORDERED: 1. The New Mexico Racing Commission release all purse monies due to Owner Eusebio V. Sanchez, for the horse "Taleas Pride". "Taleas Pride" ran in the 8th race at Sunland Park on January 5, 2018 and finished in second place; 2. Remit all fines paid by Trainer Gerardo Ochoa-Pen in this matter; 3. Pay all costs incurred by Trainer Gerardo Ochoa-Pena and Owner Eusebio V. Sanchez; and 4. Pay reasonable attorney fees incurred by Trainer Ochoa-Pena and Owner Sanchez in bringing this action.

BY ORDER OF THE NEW MEXICO RACING COMMISSION

Signed: ISMAEL TREJO, EXECUTIVE DIRECTOR DATE:09/06/19

Name: JUAN ERNESTO POBLANO Ruling Date: 4/18/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-212-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-212 - Modified Ruling to correct Fine omited .

Owner Juan Poblano was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on April 1, 2018, for a hearing that was continued from January 21, 2018. The hearing was in regard to an certificate of analysis from UC/Davis (official testing laboratory for the NMRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “First Fancy Tac” (test sample #NC26354) during Out Of Competition Testing on February 6, 2017, at Sunland Park Racetrack in Sunland Park NM . Clebuterol was confirmed in the Split Sample sent to Industrial Laboratories on May 4, 2017. Trainer Raul Vega, the trainer of record for horse “First Fancy Tac”, was duly notified and represented by attorney Daniel Marquez for this hearing.

In accordance with 15.2.6.9 (B)(2) Penalty Recommendations,This is Raul Vega’s FOURTH Class 3B medication violation in a lifetime.

For owner Juan Poblano’s FIFTH Class 3B medication violation in a lifetime, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards issue a penalty as follows. 1.. A ($5,000.00) five thousand dollar fine for the 5th Class B violation, to paid on or before May 18, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

2. Pursuant to rules 15.2.3 (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 “First Fancy Tac” 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.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(3)(7)(c)(8) Medication Restrictions/ 15.2.6.9(J)(2)(d)(3) Out of Competition Testing/ 16.47.1.8(L)(i)(T)Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license/ 15.2.6.9 (B)(2) Penalty Recommendations

Name: JUAN ERNESTO POBLANO Ruling Date: 10/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-212-RO Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-212 - Ruling Overturned

Pursuant to the Decision and Order #2018-SUN-211-FO the action taken against Owner Juan Poblano in regards to the horse "First Fancy Tac" in Ruling 2018-SUN-212 was dismissed with prejudice.

Please contact the NMRC if you would like a copy of the Decision and Order dated October 9, 2018.

By Order of the New Mexico Racing Commission

Name: JUAN ERNESTO POBLANO Ruling Date: 4/1/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-212 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 Juan Poblano was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on April 1, 2018, for a hearing that was continued from January 21, 2018. The hearing was in regard to an certificate of analysis from UC/Davis (official testing laboratory for the NMRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “First Fancy Tac(test sample #NC26354) during Out Of Competition Testing on February 6, 2017, at Sunland Park Racetrack in Sunland Park NM . Clebuterol was confirmed in the Split Sample sent to Industrial Laboratories on May 4, 2017.

Trainer Raul Vega, the trainer of record for horse “First Fancy Tac”, was duly notified and represented by attorney Daniel Marquez for this hearing. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, This is Raul Vega’s FOURTH Class 3B medication violation in a lifetime. For Juan Poblano’s FIFTH Class 3B medication violation in a lifetime, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards issue a penalty as follows.

    1. 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 “First Fancy Tac” 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.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(3)(7)(c)(8) Medication Restrictions/ 15.2.6.9(J)(2)(d)(3) Out of Competition Testing/ 16.47.1.8(L)(i)(T)Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license/ 15.2.6.9 (B)(2) Penalty Recommendations

Name: ARMANDO ARREOLA Ruling Date: 3/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-130 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 Armando Arreola 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 February 27, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Guanabenz” detected in the urine of horse “Leona Who” (Test Sample #: NM29577), who finished 2nd place in the 1st race on December 5, 2017, at Zia Park Racetrack in Hobbs, NM. Guanabenz was confirmed in the split sample sent to TVMDL on February 3, 2018.

Javier Borunda, the trainer of record for horse “Leona Who”, was duly notified and failed to appear for this hearing. This is Javier Borunda’s THIRD Class 3B medication violation in a lifetime.

For Armando Arreola Jr.’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. Pursuant to 15.2.6.9 (B)(2) Penalty Recommendations, the horse “Leona Who” must pass a commission approved exam before being eligible to enter.
    2. The horse “Leona Who” is hereby disqualified from SECOND PLACE and ordered unplaced from the 1st race on December 5, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Money Order
                2. Exactly Like You
                3. Infinite Gal
                4. Waytogohome
                5. Rolling Ghost
Unplaced “Leona Who

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ /16.47.1.8(T)Knowledge of Rules/ 16.47.1.8(U)Protection of Horses/15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ARMANDO ARREOLA Ruling Date: 4/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-130-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-130 - Modified Ruling 15.2.3.8 B (1)(e) The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Owner Armando Arreola 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 February 27, 2018. The hearing was in regards to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Guanabenz” detected in the urine of horse “Leona Who” (Test Sample #: NM29577), who finished 2nd place in the 1st race on December 5, 2017, at Zia Park Racetrack in Hobbs, NM. Guanabenz was confirmed in the split sample sent to TVMDL on February 3, 2018.

Javier Borunda, the trainer of record for horse “Leona Who”, was duly notified and failed to appear for this hearing. This is Javier Borunda’s THIRD Class 3B medication violation in a lifetime.

For Armando Arreola Jr.’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. Pursuant to 15.2.6.9 (B)(2) Penalty Recommendations, the horse “Leona Who” must pass a commission approved exam before being eligible to enter.
        2. The horse “Leona Who” is hereby disqualified from SECOND PLACE and ordered unplaced from the 1st race on December 5, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                                1. Money Order
                                2. Exactly Like You
                                3. Infinite Gal
                                4. Waytogohome
                                5. Rolling Ghost
Unplaced “Leona Who

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ /16.47.1.8(T)Knowledge of Rules/ 16.47.1.8(U)Protection of Horses/15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ARMANDO ARREOLA Ruling Date: 3/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-130-ASC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-130 - Appeal Submitted to Commission
Name: ARMANDO ARREOLA Ruling Date: 12/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-130-CC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-130 - Case Continued - This matter was remanded back to the Stewards; see Decision and Order below.

BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO

IN THE MATTER OF OWNER ARMANDO ARREOLA, JR. ID #30151 FOR POSITIVE SAMPLE #NM29577 AND RULING NUMBER 2018-SUN-130 HORSE: “LEONA WHO”

ORDER TO REMAND TO THE BOARD OF STEWARDS

WHEREAS, this matter came before the New Mexico Racing Commission (“Commission”) on November 15, 2018 on review of the Hearing Officer’s Report in the above- captioned matter for a decision pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act. The hearing was transcribed by Debra L. Williams of Williams & Associates Reporting, LLC, and the transcripts are in the custody of the New Mexico Racing Commission. A quorum of the Commission, having familiarized itself with the transcript of the October 11, 2018 hearing, and the Hearing Officer’s Report, adopted Hearing Officer Fitzwater’s Findings of Fact as follows:

FINDINGS OF FACT

On October 11, 2018 a hearing was held in this matter before the Honorable Kevin L. Fitzwater on the appeal of owner Armando Arreola. The respondent, through counsel, raised the issue of lack of proper notice for the hearing before the Board of Stewards held February 27, 2018. Hearing Officer Fitzwater determined that proper notice was not provided to Armando Arreola for the February 27, 2018 hearing for the following reasons:

      1. It appears that Owner Armando Arreola filed a change of address with the Racing Commission sometime in February of 2018.

2. Investigator Lease Johnson, Commission Investigator, sent notice of the hearing to an address in Odessa, TX. 3. The Certified Mailing Receipt was returned as undeliverable and unable to forward.

4. The hearing was held in abstention, Owner Armando Arreola failing to respond or appear. 5. Hearing Officer found it likely that the new address was not provided to the Commission Investigator, and therefore, by administrative error, Armando Arreola was not properly noticed.

ORDER

IT IS THEREFORE ORDERED that this matter be remanded to the Board of Stewards for hearing with proper notice or other proceedings as the Board of Stewards deems proper. This Order shall be served upon Respondent in accordance with law. Pursuant to Rule 1- 075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. IT IS SO ORDERED.

Date: December 17, 2018 by Chairman Willis

Name: SERGIO HERMOSILLO Ruling Date: 2/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-99 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Sergio Hermosillo was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on February 17, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Flash The Love” (Test Sample #: NM29596), who finished 1st place in the 1st race on December 9, 2017, at Zia Park Racetrack in Hobbs, NM. Clenbuterol was confirmed in the split sample sent to TVMDL on January 17, 2018.

Jose Efren Meraz, the trainer of record for horse “Flash The Love”, was duly notified and responded telephonically for this hearing. This is Jose Efren Meraz FOURTH Class 3B medication violation in a lifetime.

For Sergio Hermosillo’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. 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 “Flash The Love” is placed on the Stewards list for a period of 60 days (beginning December 20, 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.
    2. The horse “Flash The Love” is hereby disqualified from FIRST PLACE and ordered unplaced from the 1st race on December 9, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Leftlane
                2. Miss Woody James
                3. Howboutthiscowgirl
                4. Shez a Vision
                5. Jess A Dash to Fame
                6. Goose Gossip
                7. Hopey Chick
                8. Lorde
Unplaced “Flash The Love

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JOSEPH FRANCIS RICH Ruling Date: 11/11/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-150 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End: 9/17/2019
Ruling Text: Groom, Joseph F. Rich III Permit #10815; SS#: xxx-xx-8280, Ruling 143 dated November 1, 2017 has been rescinded without prejudice. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five-Hundred ($500.00) Dollars.
Name: JOSEPH FRANCIS RICH Ruling Date: 11/11/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-151 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/11/2017 Suspension End: 9/17/2019
Ruling Text: Groom, Joseph F. Rich, Permit #10815 having been notified by a hand delivered hearing notice and failing to appear at said hearing, Mr Rich is hereby suspended per WV Rule of Racing 178-1-24.3.k. which reads, A permit holder who is a second time violator under this subsection shall be subject to suspension. The permit holder may not apply for reinstatement of his or her permit until such time as he or she has successfully completed a certified drug/alcohol rehabilitation program and has otherwise satisfied the Racing Commission and/or the stewards that he or she is fit to hold a permit. Mr Rich must submit to the Board Of Stewards a clean drug test and enter and complete a certified drug/achohol rehabilitation program before returning to racing. During his suspension, he is denied access to and privilegesof the grounds under the jurisdiction of the West Virginia Racing Commission. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five Hundred ($500.00) Dollars

Name: MARIO SANCHEZ Ruling Date: 11/6/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-133 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 9/22/2020 Suspension End: 12/22/2020
Ruling Text: Trainer Mario Sanchez having been duly notified and having responded telephonically before the Board of Stewards on November 6, 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 “Walked Away”(Test Sample #: NM27528), who finished 2nd place in the 4th race on September 10, 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 Mario Sanchez.

Juan Adame (Adame Racing, LLC), the owner of record for horse “Walked Away”, was duly notified and failed to appear for this hearing. This is Juan Adame’s FIRST Class 3B medication violation in a lifetime.

For Trainer Mario Sanchez’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 running consecutively from ruling 2017-COMM-22, September 22, 2020, through December 21, 2020, inclusive.
    2. A ($2,500) two thousand and five hundred dollar fine to paid on or before December 6, 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 Mario Sanchez 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 Mario Sanchez 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 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: JOSEPH FRANCIS RICH Ruling Date: 11/1/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-143 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/1/2017 Suspension End: 9/17/2019
Ruling Text: Groom, Joseph F. Rich III.; Permit #10815; SS# xxx-xx-8280 Mr. Rich’s license has been summarily suspended as of November 1, 2017 pending the outcome of felony charges. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five-Hundred ($500.00) Dollars.

Name: MARIO SANCHEZ Ruling Date: 6/1/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-22-FO Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 9/22/2017 Suspension End: 9/22/2020
Ruling Text: RE: 2017-Comm-22 - Ruling Final Outcome

Failure to comply with stipulated Settle Agreement A Twenty five thousand dollar fine payable to the NMRC of which ten thousand dollars shall be suspended. The remaining fifteen thousand dollars shall be paid by the Licensee on or before January 1, 2018. If the Licensee does not pay Fifteen thousand dollars on or before January 1, 2018, the suspended Ten thousand dollars shall become due and payable. Additionally, if the Licensee commits any other violation related to this Settlement Agreement the suspended portion of the fine dshall become due and payable before Licensee can become licensed as a trainer in New Mexico.

Fine ammount $25,000

Name: MARIO SANCHEZ Ruling Date: 9/25/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-22 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 9/22/2017 Suspension End: 9/22/2020
Ruling Text: BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF MARIO SANCHEZ, TRAINER FOR POSITIVE SAMPLES NM16733 AND NM24529 HORSES KNOWN AS "MSFERRARI EDITION" AND "CAUTIONSLY"

STIPULATED SETTLEMENT AGREEMENT

WHEREAS, Respondent Mario Sanchez as the trainder responsible for the horse known as "Msferrari Edition" which tested positive for the substance of Zilpaterol, after finishing third in the fith race at Sunland Park racterack on April 3, 2016, and for the horse known as "Cautionsly", which tested positive for Zilpaterol, after finishing second in the ninth race at Zia Park racetrack on September 10, 2016, both in violation of the State Racing Commission's absolute prohibition of Zilpaterol, has agreed to resolve this matter through a Settlement Agreement, therefore rendering a formal hearing unnecessary; and Whereas, the Commission and Licensee wish to resolve all matters at issue related to samples NM16733 and NM24529 in an amicable fashion without the need for a formal hearing or other adjudication. NOW, THEREAFORE, THE PARTIES STIPULATE AND AGREE AS FOLLOWS: DISCIPLINE. As full and final resolution of this matter, Licensee Mario Sanchez agrees to the following penalties: A Twenty five thousand dollar fine payable to the NMRC of which ten thousand dollars shall be suspended. The remaining fifteen thousand dollars shall be paid by the Licensee on or before January 1, 2018. If the Licensee does not pay Fifteen thousand dollars on or before January 1, 2018, the suspended Ten thousand dollars shall become due and payable. Additionally, if the Licensee commits any other violation related to this Settlement Agreement the suspended portion of the fine dshall become due and payable before Licensee can become licensed as a trainer in New Mexico. Horses "Msferrari Edition" and Cautionsly" shall be disqualified and unplaced. Any purse received from the perfromance of the horse known as "Msferrari Edition" or "Cautionsly" shall be completely forfeited. The Horses "Msferrari Edition" and "Cautionsly" shall both be subject to and pass a Commission-approved examination before becoming eligible to be entered in any race governed under the authority of the Commission; and shall be placed on the veterinarian's list for ninety days commencing the date this Settlement agreement is executed by the NMRC. Mario Sanche's license shall be suspended for a term of four years, commencing the date this settlement agreement is approved by the Racing Commission. The foruth and final year of Respondent's suspension shall be suspended if he has not violated any terms related to this Settlement Agreement during the first three years. Once the term of suspension ends, Licensess must retake and pass the trainer's test before he is eligible to train horses in NM again. Additionally, Licensee must peronsally appear before the Commission after his term of suspension ends but prior to engaging in any horse training in NM. Licensee must request to be placed on the Commission's Agenda. During the period of his suspension Licensee is not allowed on the ground of any NM racetracks under the jurisdiction of the NMRC. IT IS SO ORDERED

Name: JUAN ERNESTO POBLANO Ruling Date: 8/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-118 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Juan E. Poblano having been duly notified and having appeared with attorney Daniel Marquez before the Board of Stewards Stewards on August 5, 2017. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive of the prohibited substances “Ractopamine” (drug class 2, penalty A) and “O-Desmethyl-tramadol” (drug class 2, penalty B) detected in horse “Justified By Chicks”(Test Sample NM25130), who finished 5th place in the 10th race on March 4, 2017, at Sunland Park Racetrack in Sunland Park, NM.

The split sample was sent to Industrial Laborites and confirmed positive for the prohibited substances Ractopamine and “O-Desmethyl-tramadol on April 20, 2017.

Johnny Soto, the trainer of record for horse “Justified By Chicks”, was duly notified and appeared with attorney Daniel Marquez for this hearing. This is Johnny Soto’s FIRST Class 2 Penalty A medication violation in a lifetime and SECOND Class 2 Penalty B medication violation in a lifetime issued in accordance with 15.2.6.9 (B)(1)(2) Penalty Recommendations.

For Owner Juan E. Poblano’s FIRST Class 2 Penalty A medication violation in a lifetime and THIRD Class 2 Penalty B medication violation in a lifetime issued in accordance with 15.2.6.9 (B)(1) Penalty Recommendations and 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

      1. A ($5,000) five thousand dollar fine to paid on or before September 10, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
      2. Pursuant to rules 15.2.3.8(B)(9)(a)(e), 15.2.6.9(C)(8)(a), 15.2.6.9(C)(9), 15.2.6.9(C)(10)(a-d),the horse “Justified By Chicks” is placed on the Stewards list for a period of 60 days (beginning March 21, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
      3. The horse “Justified By Chicks” is hereby disqualified from FIFTH PLACE and ordered unplaced from the 10th race on March 4, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                  1. Sies Menudos
                  2. Jess Cruzin On By
                  3. Princess Jesse
                  4. Play Misty Foreme
                  5. Seeyalateralligator
                  6. Frank N Jesse
                  7. Booyah Bay
                  8. Teana Fay
                  9. Major Moonsflash
Unplaced “Justified By Chicks Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence/ 15.2.1.7 (P)(15) Prohibited substance /16.47.1.8 (U)(1) PROTECTION OF HORSES 16.47.1.8(U)(2)PROTECTION OF HORSES/ 15.2.6.9. B.(1)(2) Penalty recommendations This ruling is written in accordance withUniform Classification Guidelines for Foreign Substances, Page #18 Tramadol/ Uniform Classification Guidelines for Foreign Substances, Page #17 Ractopamine/ 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution /15.2.5.14(D)(7) FAILURE TO RETURN PURSES AND PRIZES /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 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 ERNESTO POBLANO Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-118-ASD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2017-RUI-118 - Appeal Stay Denied
Name: JUAN ERNESTO POBLANO Ruling Date: 9/26/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-118-CC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: 2017-RUI-118-Case Continued - Remanded back to Hearing Officer per Decision and Order

IN THE MATTER OF: TRAINER JOHNNY SOTO ID#46025 OWNER JUAN POBLANO ID#35356 FOR POSITIVE SAMPLE #NM25130 RULINGS #2017-RUI-117 AND #2017-RUI-118 HORSE “JUSTIFIED BY CHICKS”

Respondents.

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on September 13, 2018, on review of a Hearing Officer's Findings of Fact, Conclusions of Law and Recommendations regarding the above named Appellant; WHEREAS, the Commission reviewed the Hearing Officer's Findings of Fact, Conclusions of Law and Recommendations, the record and Prosecution's Exceptions to Hearing Officer's Report; WHEREAS, at this time, the Commission cannot adequately reach a decision on this matter without further findings; WHEREAS, pursuant to Rule 15.2.1.9(C)(15)(d) NMAC, the Commission may remand the proceeding to the Hearing Officer and reopen the hearing for further examination; WHEREAS, the Commission voted unanimously to remand this matter back to the Hearing Officer only for clarification of the penalties that are to be imposed and that those penalties should be consistent with the penalties that were in place during the time period at which the infraction occurred; WHEREAS, the Commission requests that the Hearing Officer reopen the record in this matter only for clarification of the penalties that are to be imposed and those penalties should be consistent with the penalties that were in place during the time period where the infraction occurred; IT IS THEREFORE ORDERED, that pursuant to this request, this matter is hereby remanded to the Hearing Officer for further examination pursuant to 15.2.1.9 (c)(15)(d) only for clarification of the penalties that are to be imposed and that those penalties should be consistent with the penalties that were in place during the time period where the infraction occurred; and that the amended Hearing Officer's Findings of Fact, Conclusions of Law and Recommendations shall be completed and submitted to the Racing Commission within thirty (30) days from the date of signature on this Decision and Order.

FOR THE NEW MEXICO RACNG COMMISSION

Date:9/25/18 By: Chairman Ray Willis

Name: JUAN ERNESTO POBLANO Ruling Date: 3/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-118-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2017-RUI-118 - Penalty Affirmed

STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION IN THE MATTER OF:

OWNER JUAN POBLANO ID # 35356 FOR POSITIVE SAMPLE #NM25130 AND POSITIVE SAMPLE #NM23939

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) at its regularly scheduled meeting on February 21, 2019, on review of the Hearing Officer’s Report, Proposed Findings of Fact and Conclusions of Law, Recommended Penalties in the above-captioned matter. A hearing on the merits was held on June 7, 2018, before Hearing Officer Felicia Orth, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was transcribed by Beverly Deborah L. Connor of Williams and Associates, LLC, and the transcripts are in the custody of the Racing Commission. The administrative prosecutor for the New Mexico Racing Commission was Ismael Camacho, Esq. The Respondents were represented by Daniel A. Marquez, Esq. Pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act, the Commission hereby makes the following

Findings of Fact:

The Horse ‘Walken to the Moon’ Sample #NM23939

1. On February 17, 2017, the horse 'Walken to the Moon' finished in third place in the ninth race at Sunland Park Race Track in Sunland Park, New Mexico. See Exhibit lA, p. 1; 2A, p.1 2. On February 17, 2017, Respondent Johnny Soto was the Commission-licensed trainer responsible for 'Walken to the Moon' at the time of the ninth race at Sunland Park. Id., Exhibits SA and 9A; Testimony of Ms. Johnson, Tr. pp. 123-124. 3. On February 17, 2017, Juan Poblano was the owner of 'Walken to the Moon' at the time of the ninth race at Sunland Park. Exhibits 2A, 9A, 10A. 4. Upon completing the race, 'Walken to the Moon' was designated by the racetrack Board of Stewards, see 15.2.6.10(A)(l), to have urine and blood samples taken at the Sunland Park test barn. See Ex. 6A, Testimony of Dr. Ashby, Tr. p. 126. 5. Samples of urine and then blood were extracted from 'Walken to the Moon' in the Sunland Park test barn within 45 minutes and assigned the unique identifying code #NM23939. Ex. 6A; Testimony of Dr. Ashby, Tr. pp.12G-129. 6. The samples were taken at the direction of and under the supervision of official Commission veterinarian Mark Ashby, DVM. Testimony of Dr. Ashby, Tr. pp. 127-128, 131-132. 7. The veterinary assistant, Autumn Lemons, working under Dr. Ashby's direction, collected the urine sample using a cup on a long handle, split the sample into two parts, and filled out the paperwork. Ms. Lemons signed the Acknowledgment of Test Sample; Dr. Ashby recognizes her handwriting. Ex. GA, Testimony of Dr. Ashby, Tr. pp. 127-128, 130. 8. The taking, packaging, and sealing of the samples from the horse was witnessed at all times by Respondent Mr. Soto's designated representative, Anselmo Leyna. Ex. GA; and Testimony of Dr. Ashby, Tr. p. 132. 9. The trainer's designee is to have absolute control of the horse and is present for all procedures to witness everything done with the horse and to acknowledge that by signing the Acknowledgement of Test Sample. Id. 10. Every horse tested horse is identified by the veterinary assistant and the official veterinarian by a tattoo number on its lip. Testimony of Dr. Ashby, Tr. p. 127. 17. It would be Dr. Ashby's responsibility to note any abnormalities with the sampling, but it just doesn't happen with their procedures. It would be noted on the test sample and the submission form. Tr. p. 134. 11. The procedures used ensure that samples are not contaminated. Tr. p. 135. 12. As for the blood sample, the needle is injected into the vein and there is a needle on the other end which goes directly into the tube, which has a vacuum and draws the blood directly into it; any blood in the tube came directly from the horse, and there's no other contamination possible. 13. As for the urine sample, it is collected in a cup that has a lid. As soon as it's collected, the lid is put on it, it's brought into the lab and split into a larger cup and a smaller cup, sealed, and taped with a seal on it. 14. Once the seal is put on, any attempt to pull it off it leaves markings on the cup that make tampering easily seen. Tr. p. 136. 15. Dr. Ashby's signature is on Exhibit 3A, indicating that he drew the horse's blood and recorded all the samples collected that day. Tr. p. 137.

The Horse 'Justified by Chicks' and Sample #NM25130

16. On March 4, 2017, the horse 'Justified by Chicks' finished in fifth place in the tenth race at Sunland Park Race Track in Sunland Park, New Mexico. See Exhibit lB, p. 1; 28, p. 1. 17. On March 4, 2017, Respondent Johnny Soto was the Commission-licensed trainer responsible for 'Justified by Chicks' at the time of the tenth race at Sunland Park. Id., Exhibits SB, 98; and see Testimony of Ms. Johnson, Tr. pp. 123-124. On March 4, 2017, Juan Poblano was the owner of 'Justified by Chicks' at the time of the tenth race at Sunland Park. Exhibits 28, 98, 108. 18. Upon completing the race, 'Justified by Chicks' was designated by the racetrack Board of Stewards, see 15.2.6.10(A)(l), to have urine and blood samples taken at the Sunland Park test barn. See Ex. GB, Testimony of Dr. Ashby, Tr. p. 126. 19. Samples of urine and then blood were extracted from 'Justified by Chicks' in the Sunland Park test barn and assigned the unique identifying code #NM25130. Ex. GB; Testimony of Dr. Ashby, Tr. pp. 140-141. 20. The samples were taken at the direction of and under the supervision of official Commission veterinarian Mark Ashby, DVM, who checked the horse's tattoo at the time of collection. Testimony of Dr. Ashby, Tr. pp. 139, 141-142. 21. The veterinary assistant, Autumn Lemons, took the urine sample and signed the Acknowledgment of Test Sample. Ex. GB, Testimony of Dr. Ashby, Tr. pp. 141, 145. 22. Test barn procedures were correctly followed. No irregularities were noted with respect to Sample #NM25130. Tr. p. 142. 23. The taking, packaging, and sealing of the samples from the horse was witnessed at all times by Respondent Mr. Soto's designated representative, Gerado Alfaro. Ex. GB; and Testimony of Dr. Ashby, Tr. p. 144. 24. Dr. Ashby's signature is on Exhibit 38, indicating that he drew the horse's blood and recorded all the samples collected that day. Tr. p. 146. 25. Urine samples are placed in a cooler with a padlock, that's put into a freezer that has a padlock. Blood samples are placed in a refrigerator with a padlock. They are locked up at end of the day when all the samples are taken before shipment to UC Davis. Tampering would be evident, which it was not. Tr. pp. 147-149. Shipping and Analysis of Sample #NM23939 from 'Walken to the Moon' and Sample #NM25130 from 'Justified by Chicks' 26. The primary urine samples, locked in the cooler, were shipped via Fed Ex courier to the Commission-approved testing facility known as the Equine Analytical Chemistry Laboratory at the University of California, Davis (Laboratory or UC Davis). Exhibits 13A and 138. 27. Upon receipt, the Laboratory undertook to test the samples, and prepared a litigation package for each horse that included raw data, procedures, documentary evidence of the chain of custody, and test results. See Exhibits 13A and 13B. Chain of custody documentation is at pp. 5-8 in each exhibit. Testimony of Dr. Moeller, Tr. pp. 195-97. 28. The Laboratory screened the urine samples for the presence of drugs utilizing the methods of solid phase extraction and gas chromatography/mass spectrometry. Ex. 13A and 13B. TR. pp. 197-205. 29. The Laboratory identified the presence of 0-Desmethyl-tramadol in Sample #NM23939; and O-Desmethyl-tramadol and Ractopamine in Sample #NM25130 and reported on the specific concentrations. Ex. 13A at p. 153, and Ex. 138 at pp. 204-205. ORDER IT IS THEREFORE ORDERED that Respondent Owner Juan Poblano : I. The horse “Walken to the Moon” be disqualified from the 9th race that ran on February 17, 2017 at Sunland Park and that the purse be redistributed; the horse must pass a Commission-approved exam before being eligible to be entered; II. That the horse “Justified by Chicks” be disqualified from the 10th race that ran on March 4, 2017 at Sunland Park,the purse be redistributed, the horse be placed on the Stewards List and is required to pass a Commission-approved exam before being eligible to be entered.

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

IT IS SO ORDERED.

Date: ___3/22/2019_____ Chairman Willis:____________signed_________________

Name: JOSE FRANCISCO RAMIREZ Ruling Date: 6/25/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-56 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 7/6/2017 Suspension End: 7/5/2018
Ruling Text: Trainer Jose F. Ramirez, Sr. having been duly notified failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)Non Appearance, before the Board of Stewards on June 25, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Clay Court”(Test Sample #: NM26327), who finished 1st place in the 3rd race on April 18, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Texas A&M on May 31, 2017.

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

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

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

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

During said time of applicable suspension Jose F. Ramirez, Sr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of David Jose F. Ramirez, Sr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/ 16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance with15.2.6.11(A) NMAC: Trainer Responsibility/16.47.1.10(B)(1) NMAC: Absolute Insurer 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JUAN ESQUIVEL Ruling Date: 2/4/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-63 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 2/4/2017 Suspension End: 8/3/2017
Ruling Text: Owner, Juan Esquivel Jr. having been duly notified and appeared 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 compounded Class 3B drug “16-OHstanozolol” a metabolite of stanozolol detected in horse “Mister Brooks” (test sample #NM21710), who finished third place in the 8th race, on November 27, 2016, at Zia Park Racetrack in Hobbs, NM, . “16-OHstanozolol” was confirmed in the split sample sent to Industrial Laborites on January 17, 2017. Eric Quintana, the trainer of record for the horse “Mister Brooks”, was duly notified and appeared for the hearing. This is Mr. Quintana’s FIRST Class 3B medication violation in a 365 day period issued in accordance with 15.2.6.9 (L)NMAC This penalty has aggravating circumstances which are:
      1. JUAN ESQUIVEL JR admitted full responsibility during the hearing to entering horse “Mister Brooks” while the horse was still in his care and custody.
      2. “16-OHstanozolol” is a compounded medication, and all compounded medications are prohibited in the state of New Mexico.
      3. Mr. Juan Esquivel Jr. has prior medication volitions with similar circumstances.
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 Juan Esquivel Jr. a penalty as follows.

    1. A 180 day suspension of all NMRC licenses starting February 4, 2017, through August 3, 2017, inclusive.
    2. 2. ($2,500) two thousand and five hundred dollar fine to paid on or before March 6, 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(D)(5)(c), 15.2.6.9 (D)(6), and 15.2.6.9(D)(7),the horse “Mister Brooks” was placed on the Stewards list for a period of 60 days (beginning December 9, 2016). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test prior to entry.
    4. The horse “Mister Brooks” is hereby disqualified from THIRD place and ordered unplaced from the 8th race, on November 27, 2016, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows:
                  1. Sandy Jesse
                  2. RO With Good Reason
                  3. Cartel Rosie
                  4. Pycs Little Lady
                  5. Skunktail Eagle
                  6. Jess Rueben James
                  7. Vicente Y Su Corona
                  8. Poison Ivory Effort
Unplaced “Mister BrooksDuring said time of applicable suspension, Juan Esquivel 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. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Juan Esquivel Jr. 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(G) ANDROGENIC-ANABOLIC STEROIDS/ 15.2.6.9(H)(1)(2) MEDICAL LABELING/ 15.2.6.9. B. Penalty recommendations Trainer First Lifetime offense (365-day period) in any jurisdiction: A minimum 15-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 60-day suspension. A minimum fine of $500 absent mitigating circumstances or the presence of aggravating factors could be used to impose a $1,000 fine. Trainer Second Lifetime offense (365-day period) in any jurisdiction: A minimum 30-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 180-day suspension. A minimum $1,000 absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum fine of $2,500. Owner Second 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 15.2.3.8(B)(3)(k) NMAC: redistribution of purse and prizes/ 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: JUAN ESQUIVEL Ruling Date: 3/26/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-63-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 2/4/2017 Suspension End: 8/3/2017
Ruling Text: RE: 2017-SUN-63 - Modified Ruling-15.2.3.8 B (1)(e) The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Owner, Juan Esquivel Jr. having been duly notified and appeared 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 compounded Class 3B drug “16-OHstanozolol” a metabolite of stanozolol detected in horse “Mister Brooks” (test sample #NM21710), who finished third place in the 8th race, on November 27, 2016, at Zia Park Racetrack in Hobbs, NM, . “16-OHstanozolol” was confirmed in the split sample sent to Industrial Laborites on January 17, 2017. Eric Quintana, the trainer of record for the horse “Mister Brooks”, was duly notified and appeared for the hearing. This is Mr. Quintana’s SECOND Class 3B medication violation in a 365 day period issued in accordance with 15.2.6.9 (L)NMAC This penalty has aggravating circumstances which are:
      1. JUAN ESQUIVEL JR admitted full responsibility during the hearing to entering horse “Mister Brooks” while the horse was still in his care and custody.
      2. “16-OHstanozolol” is a compounded medication, and all compounded medications are prohibited in the state of New Mexico.
      3. Mr. Juan Esquivel Jr. has prior medication volitions with similar circumstances.
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 Juan Esquivel Jr. a penalty as follows.

    1. A 180 day suspension of all NMRC licenses starting February 4, 2017, through August 3, 2017, inclusive.
    2. 2. ($2,500) two thousand and five hundred dollar fine to paid on or before March 6, 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(D)(5)(c), 15.2.6.9 (D)(6), and 15.2.6.9(D)(7),the horse “Mister Brooks” was placed on the Stewards list for a period of 60 days (beginning December 9, 2016). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test prior to entry.
    4. The horse “Mister Brooks” is hereby disqualified from THIRD place and ordered unplaced from the 8th race, on November 27, 2016, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows:
                  1. Sandy Jesse
                  2. RO With Good Reason
                  3. Cartel Rosie
                  4. Pycs Little Lady
                  5. Skunktail Eagle
                  6. Jess Rueben James
                  7. Vicente Y Su Corona
                  8. Poison Ivory Effort
Unplaced “Mister BrooksDuring said time of applicable suspension, Juan Esquivel 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. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Juan Esquivel Jr. 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(G) ANDROGENIC-ANABOLIC STEROIDS/ 15.2.6.9(H)(1)(2) MEDICAL LABELING/ 15.2.6.9. B. Penalty recommendations Trainer First Lifetime offense (365-day period) in any jurisdiction: A minimum 15-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 60-day suspension. A minimum fine of $500 absent mitigating circumstances or the presence of aggravating factors could be used to impose a $1,000 fine. Trainer Second Lifetime offense (365-day period) in any jurisdiction: A minimum 30-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 180-day suspension. A minimum $1,000 absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum fine of $2,500. Owner Second 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 15.2.3.8(B)(3)(k) NMAC: redistribution of purse and prizes/ 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: JOSEPH FRANCIS RICH Ruling Date: 12/17/2016
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2016-CT-173 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End: 12/17/2016
Ruling Text: Mr Rich is hereby restroed to good standing, having satisfied requirements from BOS, RE Ruling #149, June 12 2015
Name: LARRY BELKHAM Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-84 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: issued in error jcc
Name: GERARDO OCHOA Ruling Date: 7/8/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-77 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 7/18/2016 Suspension End: 9/1/2016
Ruling Text: Trainer Gerardo Ochoa-Pena having been duly notified and appeared before the Board Of Stewards on July 8, 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 “Mr. Mo Runaway”, who finished 3rd place in the third race, on April 22, 2016 at Sunland Park Racetrack. Test Sample #: NM16045. (The original lab report indicated a finding of clenbuterol at 166 pg/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Gerardo Pena-Ochoa.)

Owner Eusebio V. Sanchez was duly notified, failed to appear, and had his hearing held in absentia. He is the owner of record for horse “Mr. Mo Runaway” which was the subject of the clenbuterol positive.

Gerardo Ochoa-Pena 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."

For this second 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 Gerardo Ochoa-Pena a penalty as follows: A 45 day suspension of all NMRC licenses beginning July 18, 2016 through September 1, 2016, inclusive.

A ($2,000) two thousand dollar fine to paid on or before August 8, 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. The horse “Mr. Mo Runaway must pass a commission approved veterinary examination before being eligible to enter. Loss of purse from the third race, on April 22, 2016 at Sunland Park Racetrack and the horse Mr. Mo Runaway” is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows

    1. Chill It
    2. Luvthem Blazinchicks
    3. Officer Moonflash
    4. Jj Jessies Girl
    5. Bankie Bay
    6. A Horse Called Buddy
    7. Shes a Fighter
    8. Divetime Dude
UNPLACED “MR. MO RUNAWAY” During said time of applicable suspension, Gerardo Ochoa-Pena 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 Gerardo Ochoa-Pena are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

Name: JUAN ESQUIVEL Ruling Date: 6/11/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-25 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 6/11/2016 Suspension End: 7/11/2016
Ruling Text: Owner JUAN ESQUIVEL JR having been duly notified and having appeared before the Board Of Stewards on June 11, 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 “Cartel Power”, who finished 1st place in the 1st race, on April 16, 2016 at Sunland Park Racetrack in Sunland Park, NM,. Test Sample NM18958. (The original lab report indicated a finding of clenbuterol at 370 pg/ml in the urine. The split was confirmed by Texas A&M with a finding of 316±29 pg/ml in the urine.)

Juventino Ruiz is the trainer of record for horse “Cartel Power” which was the subject of the clenbuterol positive.

JUAN ESQUIVEL JR 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”

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 JUAN ESQUIVEL JR a penalty as follows. This penalty has aggravating circumstances which are JUAN ESQUIVEL JR admitted full responsibility during the hearing to entering the horse “Cartel Power” without the knowledge or permission of the trainer, hiring a groom to care for the horse, and obtaining a licensee to saddle the horse the day of the race. JUAN ESQUIVEL JR waived his right to appeal ruling 2016-RUI-25 on June6, 2016. 1. A 30 day suspension of all NMRC licenses beginning June 11, 2016 through July 11, 2016, inclusive. 2. ($1000) one thousand dollar fine to paid on or before July 11, 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 “Cartel Power” must pass a commission approved veterinary examination before being eligible to enter. 4.Loss of purse from the 1st race, on April 16, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse “Cartel Power” is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows 1) Louisiana Good Time 2) Lighting McQueen 3) Sea Cobra 4) Transfusion 5) Teddy Turner 6) Rc Movin Chicks 7) Bright Eyed Vision UNPLACED Cartel Power During said time of applicable suspension, JUAN ESQUIVEL 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. Additionally, effective upon applicable suspension dates, all horses owned by JUAN ESQUIVEL JR are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

Name: JUAN M ESQUIVEL Ruling Date: 6/11/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-27 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 6/27/2016 Suspension End: 11/23/2016
Ruling Text: Trainer, Juan M. Esquivel, having appeared before the Board of Stewards for a hearing that was continued from May 27, 2016, and held on June 11, 2016, for being in procession of needles, test tubes, and unlabeled medications while on the property grounds of Ruidoso Downs Racetrack during a search that was conducted on May 27, 2016, and found to be in violation of NMRC rules.

For this violation, the Board of Stewards issue Juan M. Esquivel the following penalty:

1. A fine of ($1,500.00) of fifteen hundred dollars to paid within 30 days on or before July 11, 2016, or before reinstatement of license. 2. A suspension of 180 days of any/all New Mexico Racing Commission licenses, retroactive from ruling 2016-RUI-4 written May 27, 2016 through November 23, 2016 inclusive. During his suspension Juan M. Esquivel is denied access to all grounds under the jurisdiction of the New Mexico Racing Commission in accordance with 15.2.1.9(C)(21)(a) NMAC.

Additionally, during the applicable term of this suspension, all horses owned, trained, or under the care of Juan M. Esquivel are denied further entry pending the outcome of his hearing May 30, 2016, per 15.2.1.9 (C)(21)(c) NMAC.

15.2.1.9 B(3) Summary suspension. (a) If the stewards determine that a licensee's actions constitute an immediate danger to the public health, safety, or welfare, the stewards may summarily suspend the license pending a hearing. 15.2.6.8 B(3) No person shall possess on any location under the jurisdiction of the commission any of the following unless approved by the commission: (a) any drug which is a narcotic, stimulant, or depressant, or any other substance or medication that has been prepared or packaged for injection by a hypodermic syringe, or hypodermic needle; (b) any hypodermic syringe, hypodermic needle or any equipment associated with the aid of intravenous administration

Name: LARRY BELKHAM Ruling Date: 6/6/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-19 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 (#280426) issued to Larry Belkham is hereby rescinded without prejudice having appeared before the Board of Stewards and stated that he is no longer employed in that capacity is hereby reissued his 1 year pony person and 1 year groom license.

This ruling is in accordance with:

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

Name: GERARDO OCHOA Ruling Date: 6/3/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-13 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 6/14/2016 Suspension End: 6/29/2016
Ruling Text: Trainer Gerardo Ochoa-Pena having been duly notified, failed to appear, and his hearing was held in absentia before the Board Of Stewards on May 30, 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 “Transfusion”, who finished 6th place in the second race, on March 27, 2016 at Sunland Park Racetrack. Test Sample #: NM16620. (The original lab report indicated a finding of clenbuterol at 198 pg/ml in the urine. The split was confirmed by Texas A&M with a finding of 196±18 pg/ml in the urine.) Roberto Baeza is the owner of record for horse “Transfusion” which was the subject of the clenbuterol positive. Gerardo Ochoa-Pena 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." 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 Gerardo Ochoa-Pena a penalty as follows:
                1. A 15 day suspension of all NMRC licenses beginning June 14, 2016 through June 29, 2016, inclusive.
                2. A ($750) seven hundred and fifty dollar fine to paid on or before July 3, 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 “Transfusion” must pass a commission approved veterinary examination before being eligible to enter.
                4. Loss of purse from the second race on March 27, 2016 at Sunland Park Racetrack and the horse “Transfusion” is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows
1) Untangled Vines 2) Oh Papas Baby 3) JI Diamond Jack 4) Miss Corona Daise 5) Red Finch 6) RI Jess Ryder UNPLACED RACER REGARD (2016-SUN-308) and TRANSFUSION. During said time of applicable suspension, Gerardo Ochoa-Pena 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 Gerardo Ochoa-Pena are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
Name: JOSEPH FRANCIS RICH Ruling Date: 7/30/2015
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2015-CT-140 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/30/2015 Suspension End: 9/17/2019
Ruling Text:
summarily suspended pending Board of Stewards hearing
Name: RAUL ANGEL VALENZUELA Ruling Date: 10/20/2014
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2014-ZIA-187 Ruling Type: Possession and/or Use of an Electrical Device
Breed: Mixed Division: Horse
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 10/30/2014 Suspension End: 10/30/2019
Ruling Text:
Jockey Raul A Valenzuela, having been duly notified to his last known address, (per 15.2.1.9 4c & 7d NMAC, and also 16.47.1.8 N NMAC), and having failed to appear for a scheduled hearing before the Board of Stewards on October 13, 2014, said hearing was held in absentia at Zia Park;

(The purpose of the hearing was to address events following the ninth race, Saturday, August 16, 2014 at Ruidoso Downs. During the October 13, 2014 hearing, witness testimony was made, and exhibits were introduced into the record to indicate a search of Mr. Valenzuela following the race discovered an electrical device. Related items were also discovered in his locker area following the search. Mr. Valenzuela was initially summarily suspended (ruling 0583414, issued August 16, 2014). The summary suspension was continued (ruling 0604414, issued August 22, 2014).

Raul A Valenzuela is found to be in violation of:

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 the horse at any time on the grounds of an Association during the meeting, whether in a race or otherwise”.

This ruling is in accordance with:

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


For this violation, the Board of Stewards assessed Raul A Valenzuela a penalty of the following:
    1. A suspension of any/all NMSRC issued licenses for a period of five years
    2. (October 30,2014, through October 30, 2019, inclusive);
    3. A fine in the amount of five-thousand dollars ($5,000.00);
    4. Because of additional State charges (the status not known at the time of this hearing) this matter is additionally referred to the New Mexico State Racing Commission for any further action deemed necessary, per 15.2.3.8 (B)(3)(j) NMAC.

The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(1) NMAC.

During said time of applicable suspension Raul A Valenzuela is denied access to all grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a) NMSRC.

(This ruling to supersede rulings 0583414, issued August 16, 2014, and 0604414, issued August 22, 2014, at Ruidoso Downs).

Name: BRIAN KELLY SLATER Ruling Date: 10/1/2014
Jurisdiction: North Dakota Racing Commission Facility: Chippewa Downs
Ruling Number: 2014-NDHP-5 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 9/16/2014 Suspension End:
Ruling Text:
Industrial Laboratories tested serum sample number E169609 from the horse Recklessly Knud, trained by Brian Slater, after winning the first race on July 4 at Chippewa Downs. Testing revealed the presence of Mephentermine, an ARCI Class 1A drug. A fine of $5,000 imposed and a two year probation for trainer Brian Slater. If there is another Class 1 violation during the probationary period the additional $5,000 fine would have to be paid plus the new fine. The horse is disqualified with loss of purse.
Name: MADILYN RENAE WATTS Ruling Date: 6/30/2014
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 0427414 Ruling Type: General/Miscellaneous Rulings
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING#: 0427414 TRACK: RUIDOSO DOWNS DATE: June 30, 2014 Trainer MADILYN RENAE WATTS (DOB: 07/10/1990 NMSRC LICENSE #56083742), having appeared before the Board of Stewards on this date for employing a person in a capacity for which he/she was not licensed. (Ms Watts received a Security Citation on 6-29-2014 after the fourth race. The horse "Beats All Blazin" owned by A Wade Helton was selected for testing. Upon arrival at the Test Barn, it was discovered its handler, Pedro Rodriguez, was licensed as an Owner, and did not have a valid Groom license. An Owner license is valid only for the horse(s) which the licensee owns). MADILYN RENAE WATTS is found to be in violation of: 16.47.1.8(A) NMAC and 15.2.1.7(L) NMAC: Which states in pertinent part that "A person 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." 16.47.1.8(G)(1) NMAC: Which states in pertinent part that "The employment of any unlicensed person under the jurisdiction of the commission is prohibited." 16.47.1.10 (C)(4) NMAC: Which states in pertinent part that "A Trainer must provide a list to the chief of security of the trainer's employees on association grounds and any other area under the jurisdiction of the Commission; the list shall include each employee's name, occupation, social security number, and occupational license number; the chief of security shall be notified by the trainer, in writing within 24 hours of any change." For this rule violation, the Board of Stewards assessed MADILYN RENAE WATTS a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before July 30, 2014, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay this fine within the time prescribed may result in immediate suspension. BY ORDER OF THE RUIDOSO DOWNS BOARD OF STEWARDS DAVID KEITER CONNIE ESTES ED L'ECUYER Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices or with the Stewards who issued the ruling.



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