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. >8/19/2016<

285 Total Rulings compiled at: 8/24/2016 12:01:15 PM G.M.T.

Name: RANDY J CASSAVAUGH Ruling Date: 8/23/2016
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2016-NDP-164 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Cassavaugh failed to drive when programed on #2 Brightside Dusk in race 2 on 8/17/16. O.S.R.C.-3769-17-29  17-99
Name: JEFFREY SCOTT NISONGER Ruling Date: 8/23/2016
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2016-NDP-163 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Nisonger was late to the paddock with #6 Fox Valley Rebel in race 2 on 8/16/16. O.S.R.C.-3769-14-50  14-99
Name: JAMES L LUPTON Ruling Date: 8/23/2016
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2016-NDP-166 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Lupton failed to honor the declaration of #3 Ms Toni Nigito in race 14 on 8/20/16. O.S.R.C.-3769-15-30  15-99
Name: JOHN A KONESKY Ruling Date: 8/23/2016
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2016-NDP-169 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Blood sample #839440 collected at the Ottawa County Fair on 7/19/16 from the horse Cedar Point was found to contain flunixin at a concentration of 31+-1 nanogams per milliliter of plasma. This exceeds the Regulatory Threshold of 20 nanograms per milliliter adopted by the OSRC. O.S.R.C.-3769-18-01(B)(1)(a)  18-02  18-99
Name: DAN S KENNEDY Ruling Date: 8/23/2016
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2016-NDP-165 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Kennedy failed to drive when programed on #8 The Principle in race 3 on 8/17/16. O.S.R.C.-3769-17-29   17-99
Name: RAMIRO SANCHEZ CASTILLO Ruling Date: 8/23/2016
Jurisdiction: Horse Racing Alberta Facility: Evergreen Park
Ruling Number: 2016-EGP-#47 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 drift out away from the starting gate causing interference.
Name: Jonathan Williard Ruling Date: 8/23/2016
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2016-NDP-167 Ruling Type: Falsification of License Application
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/18/2016 Suspension End: 8/24/2016
Ruling Text:
Mr. Williard falsified his 2016 OSRC license application by failing to list his prior arrest record. O.S.R.C.-3769-12-26(A)(7)  12-99
Name: Doug L Rine Ruling Date: 8/23/2016
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2016-NDP-168 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Rine failed to allow the required 7 day waiting period after scratching Railroad Lane sick on 7/13/16 at Northfield Park. He raced #1 Railroad Lane in the second race on 7/18/16 at the Franklin County Fair (Hilliard, Ohio). All purse money must be returned for redistribution ($947.00). O.S.R.C.-3769-15-32(H)  15-99
Name: DANIEL T. JONES Ruling Date: 8/22/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-028 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
The post race sample #0083496 collected on 7/31/2016 from 3rd race # 5 Maserati Seelster was found to contain Phenylbutazone at a concentration of .44 ug/ml and Flunixin at a concentration of 13.9 ng/ml. As trainer Mr. Jones is fined $250.00. Fines not paid with in 7 days of the action date may result in additional fines and or suspension.
Name: ARNULFO ASCENCIO Ruling Date: 8/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-173 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 9/2/2016 Suspension End: 8/17/2016
Ruling Text: Trainer Arnulfo Ascencio Jr., having been duly notified, having failed to appear, and had his hearing held in absentia before the Board of Stewards on August 21, 2016 for falsification of identification of the horse “Red Dirt Rookie” in an official workout the morning of August 5, 2016 at Ruidoso Downs.(Trainer identified a horse as “Red Dirt Rookie” for an official workout on August 5, 2016. The clocker’s requested for the official outrider to identify the horse in question; after reading the lip tattoo it was determined that the horse in question was not Red Dirt Rookie.) Arnulfo Ascencio Jr is found in violation of Commission rules For this rule violation, the Board of Stewards assessed Arnulfo Ascencio Jr a penalty of
    1. A fine in the amount of one thousand dollars ($1000.00). The fine is to be paid on or before September 22, 2016, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.
    2. A suspension of al NMRC licenses for 15 days starting September 1, 2016 through September 17, 2016 inclusive
During said time of applicable suspension, Arnulfo Ascencio 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 Arnulfo Ascencio Jr are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.Arnulfo Ascencio Jr is found to be in violation of: 15.2.5.11 WORKOUTS: A. REQUIREMENTS:(1) (2) Any horse which has started, but not within six (6) months, must have one (1) official workout from the starting gate or must have proof of standing the horse at least one (1) time within a sixty (60) day period. Any horse which has started, but not within sixty (60) days, must have at least one (1) workout within sixty (60) days prior to time of race. Horses that have not started within six (6) months of entry must have at least two (2) approved workouts within the sixty (60) days. 15.2.5.11 B. IDENTIFICATION: (1) Each horse must be properly identified prior to its participation in an official timed workout 16.47.1.10 B. ABSOLUTE INSURER: (1) The trainer is the absolute insurer of the condition of horses entered in an official workout 16.47.1.8(L)(1)(h) NMAC: Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued or order disciplinary measures, if the applicant is a person whose conduct or reputation may reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meet. Interfering with the orderly conduct of the race meet shall include, but not limit to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds. The fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule.” 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. 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. 15.2.1.9(B)(4)(d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards. The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection. 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: ARNULFO ASCENCIO Ruling Date: 8/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-172 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Arnulfo Ascencio Jr, having been duly notified, having failed to appear, and had his hearing held in absentia before the Board of Stewards on August 21, 2016 for failure to have sufficient works for entry “Red Dirt Rookie” in the ninth race August 5, 2016 at Ruidoso Downs.

Arnulfo Ascencio Jr is found to be in violation of:

15.2.5.11 WORKOUTS: A. REQUIREMENTS:(1) A non-starter must have had within sixty (60) days of entry one (1) approved official schooling race or at least two (2) workouts recorded at a pari mutuel or commission recognized facility and posted with the racing secretary prior to time of race, one (1) of the two (2) workouts shall be from the starting gate, and be gate approved. It shall be the trainer's responsibility to establish validity as to workouts and gate approvals. (2) Any horse which has started, but not within six (6) months, must have one (1) official workout from the starting gate or must have proof of standing the horse at least one (1) time within a sixty (60) day period. Any horse which has started, but not within sixty (60) days, must have at least one (1) workout within sixty (60) days prior to time of race. Horses that have not started within six (6) months of entry must have at least two (2) approved workouts within the sixty (60) days. (3) Horses that have never raced around the turn will be required to have within thirty (30) days prior to time of race, at least one (1) workout at 660 yards or farther. Horses that have previously started in a race around the turn, but not within sixty (60) days, will be required to have at least one (1) workout at 660 yards or farther prior to time of race. 15.2.5.12 (L) NMAC: Which states in pertinent part “A horse shall be ineligible to start in a race when it lacks official published workouts”. 16.47.1.10 (C)(18) NMAC: Which states in pertinent part “The Trainer is responsible for horses entered as to eligibility, weight, or other allowances claimed”. 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. 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. 15.2.1.9(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." 15.2.1.9(B)(4)(d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards. The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection.

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

Name: TYLER G SHEHAN Ruling Date: 8/22/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-027 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
The post race sample # 0083471 collected on 7/30/2016 from 1st race #5 I'll Have Another was found to contain Flunixin at a concentration of 28.3 ng/ml. This is in excess of the regulatory threshold of 20 ng/ml as set by the KHRC. This is a third offense. Mr. Shehan is fined $500.00. Fines not paid with in 7 days of the action date may result in additional fines and or suspension.
Name: Jean Francois Gagne' Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-118 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 456(f) Off gate
Name: Jean Francois Gagne' Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-118-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-118 - Ruling Final Outcome
Name: RONALD ALFRED CULLEN Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-116 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 2 (g)© Whipping
Name: RONALD ALFRED CULLEN Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-116-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-116 - Ruling Final Outcome
Name: BARRETT LAVIOLETTE Ruling Date: 8/21/2016
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2016-PRM-54 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/27/2017 Suspension End: 4/29/2017
Ruling Text:
Jockey Shane Laviolette was suspended three race days for careless riding in the third race on May 26, 2016. Jockey Laviolette appealed his suspension and received a stay of his suspension from Brian Ohorilko, Administrator of the Iowa Racing and Gaming Commission.  Laviolette’s appeal was heard on August 11, 2016 by Administrative Law Judge Carol J. Greta. ALJ Greta affirmed the Board’s ruling suspending Laviolette for three racing days. Therefore, the Board hereby reassigns Jockey Laviolette’s three race day riding suspension to be served the first three race days of Prairie Meadows 2017 Thoroughbred meet.   The term of his suspension shall not prohibit participation in designated races.
Name: JOHNNY RAUL VALENZUELA Ruling Date: 8/21/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-170 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 JOHNNY RAUL VALENZUELA, having been summoned and appeared before the Board of Stewards on August 20, 2016, for failure to make sufficient effort to control his mount out of the gate “Zoomin Flash” in the 12th Race on August 19, 2016, at Ruidoso Downs, is found to be in violation of Commission rules.

For this violation, the Board of Stewards assessed, JOHNNY RAUL VALENZUELA, a fine in the amount of two hundred dollars, ($200.00).

The fine is to be paid on or before September 21, 2016 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is in accordance with: 15.2.5.13(E)(2)(a) NMAC: 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)(c) NMAC: 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.” 15.2.5.13(E)(3)(d) NMAC: Which states in pertinent part that “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.” 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. 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. 15.2.1.9(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: TRAVIS ELVIN BOWMAN Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-114 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458(b) Back off Gate
Name: TRAVIS ELVIN BOWMAN Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-114-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-114 - Ruling Final Outcome
Name: ANDREW KEVIN ARSENAULT Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-115 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 (2)(g)© Whipping
Name: ANDREW KEVIN ARSENAULT Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-115-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-115 - Ruling Final Outcome
Name: KEITH L CLARK Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-117 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 (2)(g)© Whipping
Name: KEITH L CLARK Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-117-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-117 - Ruling Final Outcome
Name: HOWARD F GIBSON Ruling Date: 8/21/2016
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 16-098 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On July 12, 2016 a report was received from Truesdail Laboratories, Inc. indicating that blood sample number 51271, taken from the horse, Corporal Agarn, which failed to finish in the fourth race at Emerald Downs on July 1, 2016, was found to contain xylazine, a Class 3 substance, at a level of 1.4 ng/mL, which exceeds the permitted threshold level. On August 19, 2016 a ruling conference was held with trainer Howard F. Gibson at which time evidence was presented and testimony heard which included the ARCI ruling history of trainer Howard F. Gibson. Trainer Howard F. Gibson is hereby found to be in violation of WAC 260-70-620 (1,b) due to the level exceeding the threshold established by WAC 260-70-630 (1,b). During deliberation, mitigating circumstances were considered which included the past record of the applicant which showed no equine medication violations. Accordingly, trainer Howard F. Gibson is hereby fined $500.00 for the equine medication violation. The fine is due within seven days of 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. Furthermore, since the horse, Coporal Agarn, failed to finish in the fourth race at Emerald Downs on July 1, 2016 there will be no change to the official order of finish nor the distribution of all purse monies.

WAC 260-28-295 (3,4) WAC 260-84-060 (4) WAC 260-84-110 (1,b)

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: Jessie Pacheco Mora Ruling Date: 8/21/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16054 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Jesse Pacheco who had # 2 " AS HOT AS HALL " programmed to start in the 1st race at Running Aces Racetrack and Casino on August 20,2016 is hereby fined the sum of Two (2) Hundred Dollars for violation of MRC Rule # 7890.0110 Subpart 1. " No person shall administer or cause to be administered to a horse within 48 hours of a race in which it is scheduled to run any medication ( except as permitted by part 7890.0100,subpart 13 items A to D ).

MRC Rule # 7879.0200 Subpart 1 ( A ) ( B ) -- Judges Authority MRC Rule # 7890.0110 Subpart 1 -- Administration

Name: RUBEN RAUL CALDERON Ruling Date: 8/21/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-108 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/31/2016 Suspension End: 9/3/2016
Ruling Text:
 
Jockey Ruben Raul Calderon having appeared before the Board of Stewards on this date August 21, 2016 for careless riding, while aboard Rcj Up and At Em in the 7th race, August 20, 2016, at The Downs at Albuqueque, is found to be in violation of Commission rules.
 
For this violation, the Board of Stewards assessed a suspension of Three (3) racing days  August 31, September 2nd and 3rd , 2016
 
Licensee is found to be in violation of:
Name: IVAN P CARNERO Ruling Date: 8/21/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-168 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 Ivan Carnero, having been summoned and appeared before the Board of Stewards on August 20, 2016, for failure to make sufficient effort to control his mount out of the gate “MC FIREANDBRIMSTONE” in the 12th Race on August 19, 2016, at Ruidoso Downs, is found to be in violation of Commission rules.

For this violation, the Board of Stewards assessed, Ivan Carnero, a fine in the amount of two hundred dollars, ($200.00).

The fine is to be paid on or before September 21, 2016 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is in accordance with: 15.2.5.13(E)(2)(a) NMAC: 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)(c) NMAC: 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.” 15.2.5.13(E)(3)(d) NMAC: Which states in pertinent part that “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.” 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. 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. 15.2.1.9(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: RAUL HERRERA Ruling Date: 8/21/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-169 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Raul Herrera, having been summoned, failing to appear, and having his hearing held in absentia before the Board of Stewards on August 20, 2016, returning to the unsaddling saddling area with a lame horse after the 6th race on August 19, 2016, at Ruidoso Downs, is found to be in violation of Commission rules.

For this violation, the Board of Stewards assessed, Raul Herrera, a fine in the amount of two hundred dollars, ($200.00).

The fine is to be paid on or before September 21, 2016 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. This ruling is in accordance with: 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 16.47.1.8(L)(1)(h) NMAC: Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued or order disciplinary measures, if the applicant is a person whose conduct or reputation may reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meet. Interfering with the orderly conduct of the race meet shall include, but not limit to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds. The fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule.” 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. 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. 15.2.1.9(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." 15.2.1.9(B)(4)(d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards. The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection.

Name: RAUL HERRERA Ruling Date: 8/21/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-171 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:

issued in error

Name: SERGE MASSE Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-113 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 2(g)©. Whipping
Name: SERGE MASSE Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-113-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-113 - Ruling Final Outcome
Name: STORMY RAY SMITH Ruling Date: 8/21/2016
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2016-PRM-56 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/27/2016 Suspension End: 9/2/2016
Ruling Text:
Jockey Stormy Smith is hereby suspended for three racing days, Saturday, August 27, Sunday, August 28, and Friday, September 2, 2016 for careless riding in the seventh race on August 20, 2016.
 
Specifically, Jockey Stormy Smith aboard #4 “Soul Kissed” came in under right hand whipping in late stretch interfering with # 2 “Ivorys Illusion” ridden by Jockey Berkley R. Packer .  The term of suspension shall not prohibit participation in designated races.
 
Name: BRIAN JOHN GRAY Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-112 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA- Rule 458(b)
Name: BRIAN JOHN GRAY Ruling Date: 8/21/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-112-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-112 - Ruling Final Outcome
Name: BRENT REED ANGELLE Ruling Date: 8/20/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-153 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Failure to have his horse in the paddock at the appointed time resulting in a late scratch from the 8th race.
Name: NINA HAHN Ruling Date: 8/20/2016
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #16-0072 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at Industrial Laboratories (Industrial Sample Lab ID Number: S-16-08), sample number 0086010 taken from COVERT GEM, who finished first in the sixth race at Churchill Downs on November28, 2015 contained dextrorphan in urine (Class B drug). COVERT GEM is disqualified and all purse money forfeited. Pari-Mutuel wagering is not affected by this ruling. Upon receipt of this ruling all purse monies must be returned to the association. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (w).

810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section 6, Section 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: Steve Clark Wiseman Ruling Date: 8/20/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16050 Ruling Type: By Order of Commission/Administration
Breed: Harness Division: Horse
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: 8/5/2016 Suspension End: 11/13/2016
Ruling Text: The Running Aces Panel of Judges under directions from the Minnesota Racing Commision with reference to a " Stipulated Agreement " between the MRC and Licensee Steve Wiseman ( herein included by reference ) issue the following ruling.:

Driver Trainer Steve Wiseman is hereby fined the sum of Five ( 5 ) Thousand Dollars and is suspended for a period of One Hundred Fifty (150 ) days. Sixty ( 60 ) days of said suspension are stayed on condition of no Class I,II or III A medication violations in the next 365 days. Additionally, Licensee Wiseman is placed on probation for a period of Three Hundred Sixty Five ( 365 ) Days.

MRC Rule # 7879.0200 Subpart 1 (A)(B) -- Judges Authority MRC Rule # 7890.0110 -- Medications and Practices Prohibited MRC Rule # 7877.0170 Subpart 2 C 2 -- Duties and Responsibilities of Class C Licensees MRC Rule # 7897.0150 Subpart 2 -- Disciplinary and Appeal Procedures Minnesota Statutes # 240.22 -- Fines

Name: Steve Clark Wiseman Ruling Date: 8/20/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16051 Ruling Type: By Order of Commission/Administration
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Running Aces Panel of Judges under directions from the Minnesota Racing Commission with reference to a " Stipulated Agreement " between the MRC and Licensee Steve Wiseman ( herein included by reference ) issue the following ruling:

The purse for Race # 4 on June 4,2016 is ordered redistributed as follows:

# 9 -- DAPPER DAN -- 1st # 4 -- ECCENTRIC -- 2nd # 3 -- MY GUIDING LIGHT -- 3rd # 6 -- THE WIRE -- 4th # 1 -- LO ON MONEY -- 5th # 7 -- JK JOURNEY -- 6th # 8 -- CRAZED TO RUN -- 7th # 2 -- HERECOMESTHEDUKE -- 8th

# 5 -- TAME THE DICE -- Placed -- Unplaced

Per MRC Rule # 7879.0200 Subpart 1 (A)(B) -- Judges Authority Per MRC Rule # 7892.0150 Subpart 1 -- Purse may be redistributed

Name: Steve Clark Wiseman Ruling Date: 8/20/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16052 Ruling Type: By Order of Commission/Administration
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Running Aces Panel of Judges under directions from the Minnesota Racing Commission with reference to a " Stipulated Agreement " between the MRC and Licensee Steve Wiseman ( herein included by reference ) issue the following ruling:

The purse for Race # 2 on June 7,2016 is ordered redistributed as follows:

# 3 -- SWITCHEROO -- 1st # 5 -- AWESOMELY AWESOME -- 2nd # 2 -- CAUTIOUS OPTIMISM -- 3rd # 1 -- ITS JESSE TIME -- 4th

# 4 -- JIMMY SHIN -- Placed -- Unplaced

Per MRC Rule # 7879.0200 Subpart 1 (A)(B) -- Judges Authority Per MRC Rule # 7892.0150 Subpart 1 -- Purse may be redistributed

Name: RONALD J HISBY Ruling Date: 8/20/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-152 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Ron Hisby is hereby restored to good standing for having paid his fine.
Name: RIGO J. JUAREZ Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-106 Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End: 8/20/2016
Ruling Text:
issued in error
Name: NICK R ROLAND Ruling Date: 8/20/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16053 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Driver Nick Roland who drove #2 " WONDER BULL " in the 6th race at Running Aces Casino and Racetrack on August 16,2016 is hereby fined the sum of Two (2) Hundred Dollars for violation of MRC Rule 7884.0270 Subpart C. # 2 finished 1st and was disqualified and placed 8th (last) for the violation.

MRC Rule # 7879.0200 Subpart 1 (A)(B) -- Judges Authority MRC Rule # 7884.0270 Subpart C -- Expanded Homesretch Racing

Name: HECTOR N. CHAVEZ Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-104 Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
 
Owner/Trainer Hector N. Chavez having paid a fine August 20, 2016 and having fulfilled the conditions required in Ruling #2016-DAA-73, is hereby reinstated, and restored to good standing, as of this August 20,2016.
 
 
 
 
(This ruling to supersede Ruling# 2016-DAA-73 issued on August5, 2016.)
Name: MICHAEL ANN EWING Ruling Date: 8/20/2016
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #16-0071 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 9/1/2016 Suspension End: 9/30/2016
Ruling Text: Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at Industrial Laboratories (Industrial Sample Lab ID Number: S-16-08), sample number 0086010 taken from COVERT GEM, who finished first in the sixth race at Churchill Downs on November 28, 2015 contained dextrorphan in urine (Class B drug). After a formal hearing before the Board of Stewards you are hereby suspended THIRTY (30) days, September 1, 2016 through September 30, 2016 (inclusive) and fined FIVE HUNDRED ($500.00) DOLLARS. COVERT GEM is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. During her suspension Ms. Ewing 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. Ewing is denied pending transfer to persons acceptable to the stewards. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).

810 KAR 1:008 Section 3, subsection (4) 810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section (6)(7) 810 KAR 1:018 Section 2, subsection (2)(5)(6) 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028, Section 4, subsection (2)(a) 1.(b)

BY ORDER OF THE STEWARDS

Name: Philip Sylvio Giesbrecht Ruling Date: 8/20/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-109 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA 458 (b) Back off Starting gate
Name: Philip Sylvio Giesbrecht Ruling Date: 8/20/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-109-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-109 - Ruling Final Outcome
Name: JOSE M. RAMIREZ Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-165 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/28/2016 Suspension End: 9/2/2016
Ruling Text: Jockey, JR Ramirez, having been summoned and having appeared before the Board of Stewards on August 20, 2016, for careless riding during the running of the second race on August 19, 2016, at Ruidoso Downs, while aboard #4 “SILK ON FIRE V” which resulted in the disqualification of his mount from fourth place to ninth place. (Bore out under left handed whip impeding outside horses.)

For this violation, the Board of Stewards assessed JR Ramirez a suspension of 3 race days (August 28, 2016, August 29, 2016, and September 2, 2016).

JR Ramirez is allowed to ride designated races. This ruling is in accordance with:

15.2.5.13(E)(2)(a) NMAC: 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)(c) NMAC: 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.” 15.2.5.13(E)(3)(d) NMAC: Which states in pertinent part that “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.” 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. 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. 15.2.1.9(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: RANDY D CRISLER Ruling Date: 8/20/2016
Jurisdiction: Kentucky Racing Commission Facility: Blue Grass Downs
Ruling Number: 2016-022 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
The post race sample #00833334 collected on 6/12/2016 from the horse Powered By Scoot was found to contain Dexamethasone in excess of the regulatory threshold set by the KHRC. Mr. Crisler is fined $500.00 and the purse money won of $1200.00 is ordered returned and redistributed.  Fines not paid and purse money not returned with in 7 days of the action date may result in additional fines and or suspension.
Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-102 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/20/2016 Suspension End: 8/20/2016
Ruling Text:
 
 
         Owner/Trainer Jaime G. Aldavaz Sr. having failed to pay the fine assessed in Ruling#:2016-DAA-16 issued on July 3, 2016 at  The Downs at Albuquerque racetrack is found to be in violation of Commission rules.
Mr. Aldavaz Sr.failed to pay his fine by August 2, 2016, the time prescribed in accordance with
 
15.2.3.8  FLAT RACING OFFICIALS GENERAL PROVISIONS:
 
 B. Stewards
  (3) Disciplinary action
   (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered
 
For this rule violation, all licenses issued to him are suspended, and he will be ineligible to apply for a New Mexico Racing Commission license until the fine has been paid in full.”
 
Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-102-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/20/2016 Suspension End: 8/20/2016
Ruling Text: RE: 2016-DAA-102 - Restored to Good Standing
Name: RAMON GALLEGOS Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-103 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Ramon Gallegos, having appeared Telephonically before the Board of Stewards on August 20, 2016 for entering the horse “Andele Sunrise” and having no registration papers in the racing office which resulted in a program scratch in the 2ND on August 19, 2016 at the Downs at Albuquerque.

For this rule violation, the Board of Stewards assessed Ramon Gallegos a penalty in the amount of Two hundred dollars ($200.00). The fine is to be paid on or before September 20, 2016 in accordance with NMAC 15.2.3.8 B. Stewards. (3) Disciplinary action. (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered. Failure to pay the fine within the time prescribed may result in immediate suspension. Licensee is found to be in violation of:

Name: TONY L PICKARD Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-105 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Tony L. Pickard DVM, having been duly notified for a hearing and waving his rights to a hearing appeared before the Board of Stewards on this date, August 20, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for the confirmed administration of the Class IV drug "Phenylbutazone"(Bute) which was found in samples NM20030, NM20038, and NM20176, to be above the allowable limits of 2 .0 mg/ml.
 
The administration of this drug was accidently given under the supervision of Tony L. Pickard and he assumes full responsibility.   
Tony L. Pickard DVM 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".
15.2.6.8 (E) NMAC: VETERINARY COMPLIANCE: The official veterinarian, racing veterinarian, and each practicing veterinarian shall comply with all federal and state statutes and applicable rules regulating veterinary practices as may be promulgated by the New Mexico board of veterinary medicine and the New Mexico board of pharmacy.
 
For this violation, the Board of Stewards assessed Tony L. Pickard DVM a penalty as follows;
        1. A fine in the amount of Three Thousand Dollars ($3000.00);
        2. Educate and discipline employees as required.
 
15.2.3.8 (B)(3) I NMAC: All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered. To be paid by 9/20/2016.
 
Appeal Filing Deadline: 15.2.1.9(B) (9) (b) NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: EDDIE DWAYNE WILLIS Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-166 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Trainer Eddie Willis having been duly notified, having appeared before the before the Board of Stewards on August 20, 2016, for failure to declare equipment (Flipping Halter Off) at time of entry for MS VALIANT PERRY, entered in the third race, on August 1, 2016, at Ruidoso Downs.

For this rule violation, the Board of Stewards assessed Eddie Willis a penalty in the amount of fifty dollars ($ 50.00). The fine is to paid on or before September 20, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension. Licensee is found to be in violation of:

NMAC: 15.2.5.8 (B10) Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. 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. 15.2.1.9(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: JORGE ROSALES-IBARRA Ruling Date: 8/20/2016
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 16-097 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On Saturday, August 20, 2016, a ruling conference was held with jockey Jorge Ibarra Rosales at which time testimony was heard and a review of the video was conducted. Accordingly, Jorge Ibarra Rosales is hereby assessed a fine of $250.00 for failing to make sufficient effort to maintain a straight course in late stretch while aboard, Legion Of Boom, in the sixth race on Friday, August 19, 2016. 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 (3,4,5)

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: LAWRENCE DEAN DONLIN Ruling Date: 8/20/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16130 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Larry Donlin Jr. is hereby assessed a civil penalty of One Hundred Dollars ($100) for failing to have a published workout within 45 days for Fifty Curls since her last start necessitating a scratch from the 6th Race on August 13, 2016 at Canterbury Park.

Minnesota Rules: 7877.0170 (Duties and Responsibilities of Class C Licensees) Subp. 2.C.-Trainers 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-General authority 7883.0100 ((Entries and Subscriptions) Subp. 16.A.-Workout requirements

Name: Garry Leonard Schedlosky Ruling Date: 8/20/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-111 Ruling Type: General/Miscellaneous Rulings
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 (2)© Whipping
Name: Garry Leonard Schedlosky Ruling Date: 8/20/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-111-FO Ruling Type: General/Miscellaneous Rulings
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-111 - Ruling Final Outcome
Name: GREGORY JAMES ZIELINSKI Ruling Date: 8/20/2016
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2016-PRM-53 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Having waived his right to present evidence and testimony to the Board, Trainer Gregory Zielinski is hereby fined two hundred dollars ($200.00) for smoking in barn C-1 tack room N.
Name: ROBERT L JUNK Ruling Date: 8/20/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16131 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having waived his right to a formal hearing on August 19, Identifier Robert Junk is hereby assessed a civil penalty of One Thousand Dollars ($1,000) for failing to properly identify the horse named Dont Lett Go in the 1st Race on June 5 and again in the 1st Race on July 16, 2016 at Canterbury Park.

Minnesota Rules: 7877.0175 (Duties and Responsibilities of Racing Officials) Subp. 5.A.-Identifier. 7879.0200 (Authority and Duties of Stewards) Subp. 1.A.-General authority of stewards. 7883.0160 (Post to Finish) Subp. 1.-Horse must be tattooed and fully identified. 7897.0130 (Schedule of Fines) Subp. 1.-Imposition of fines; Subp. 2.A.-Categories of violations; Subp. 3.A.B.D.-Assignment of categories; Subp. 4-Serious violations; Subp. 5-Amount of fines.

Name: ALEJANDRO HERRERA MEDELLIN Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-107 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/20/2016 Suspension End:
Ruling Text:
 
          Jockey Alejandro Herrera Medellin having failed to pay the fine assessed in Ruling#:2016-DAA-11 issued on July 2, 2016 at The Downs at Albuquerque racetrack is found to be in violation of Commission rules.
Mr. Medellin failed to pay his fine by August 2, 2016, the time prescribed in accordance with
 
15.2.3.8  FLAT RACING OFFICIALS GENERAL PROVISIONS:
 
 B. Stewards
  (3) Disciplinary action
   (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered
 
For this rule violation, all licenses issued to him are suspended, and he will be ineligible to apply for a New Mexico Racing Commission license until the fine has been paid in full.”
 
Name: LOUIS VANDYKE RUBERTO Ruling Date: 8/20/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-154 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Failure to have his horse in the paddock for the running 6th race resulting in a late scratch.
Name: Michael Riley Hennessy Ruling Date: 8/20/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-108 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA 458 (2)(g) Whipping Infraction
Name: Michael Riley Hennessy Ruling Date: 8/20/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-108-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-108 - Ruling Final Outcome
Name: TODD WYATT FINCHER Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-167 Ruling Type: Employment Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Todd Fincher, having been duly notified, having failed to appear, and had his hearing held in absentia before the Board of Stewards on August 19, 2016, regarding a security citation for working a two unlicensed grooms on July 31, 2016 at Ruidoso Downs.

The Board of Stewards assessed Todd Fincher a penalty in the amount of three hundred dollars ($300). The fine is to be paid on or before September 20, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

Todd Fincher was found to be in violation of Commission rules.

16.47.1.8 (G)(1) NMAC: Which states in pertinent part “The employment of any unlicensed person under the jurisdiction of the Commission is prohibited”. 16.47.1.10 (C)(4) NMAC: Which states in pertinent part “A Trainer must provide a list to the Chief of Security of the Trainer’s employees on association grounds and any other area under the jurisdiction of the Commission. 16.47.1.8 L (1)(C) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: who is unqualified, by experience or otherwise, to perform the activities for which a license is required, or who fails to pass an examination prescribed by the commission. 16.47.1.8 A. A person as defined by Subsection P, Paragraph (7) of 15.2.1.7 NMAC shall not participate in pari mutuel racing under the jurisdiction of the commission, or be employed by an association who is a gaming operator, without a valid license issued by the commission.(1) License categories shall include the following and others as may be established by the commission: GROUP A - racing participants eligible for an optional annual or triennial year license to include owners, trainers, veterinarians, jockeys, and stable name registrations. GROUP B - associations, racing professionals, concession operators, contractors, and managerial racing officials. GROUP C - supervisory racing officials. GROUP D - persons employed by the association, or employed by a person or concern contracting with the association, to provide a service or commodity, which requires their presence in a restricted area, or anywhere on association grounds while pari mutuel wagering is being conducted. GROUP E - racetrack employees and authorized agents (2) Persons required to be licensed shall submit a completed application on forms furnished by the commission and accompanied by the required fee. The following fees are assessed for the issuance of the specified licenses. In addition to license fees listed herein, $20.00 is assessed for each identification picture and badge.15.2.1.8 B. (1) The commission shall regulate each race meeting and the persons who participate in each race meeting 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. 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. 15.2.1.9(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: GASTON FLORAS VALENZUELA Ruling Date: 8/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-101 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Licensee Gaston F. Valenuela failed to appeared by telephone before the Board of Stewards on August 19, 2015 concerning a security citation for his employee failing to comply with the test barn Escort. Narrative: Victor Valenzuela did not wait for the Escort to take the horse to the test barn.

For this rule violation, the Board of Stewards assessed a penalty in the amount of twenty five dollar ($25.00). The fine is to be paid on or before September 29, 2015 in accordance with NMAC 15.2.3.8 B. Stewards. (3) Disciplinary action. (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered. Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is in accordance with:

15.2.6.10 TESTING: A. REPORTING TO THE TEST BARN: (1) The official winning horse, or any other horses ordered by the commission or the stewards shall be taken to the test barn to have a blood sample or a urine sample or both taken at the direction of the official veterinarian.

(4) A track security guard shall monitor access to the test barn area during and immediately following each racing performance. All persons who wish to enter the test barn area must be a minimum of 18-years-old, be currently licensed by the commission, display their commission identification badge and have a legitimate reason for being in the test barn area.

Name: DIONISIO GARCIA Ruling Date: 8/19/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 16574 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Exercise Rider/Pony Rider Donisio C. Garcia is fined $200 for bringing alcoholic beverages into the stable area of Indiana Grand Racecourse, a violation of IHRC Rule #71 IAC 5.5-1-14(15).
Name: JUAN C FLORES Ruling Date: 8/19/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 16573 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Groom/Exercise Rider Juan C. Flores is fined $200 for bringing alcoholic beverages into the stable area of Indiana Grand Racecourse, a violation of IHRC Rule #71 IAC 5.5-1-14(15).
Name: JAIME ARIAS Ruling Date: 8/19/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 16572 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Groom Jaime Arias is fined $200 for bringing alcoholic beverages into the stable area of Indiana Grand Racecourse, a violation of IHRC Rule #71 IAC 5.5-1-14(15).
Name: TENA MARIE BIRDWELL Ruling Date: 8/19/2016
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 16-095 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Exercise rider Tena M. Birdwell, after waiving her rights to a formal ruling conference, is hereby given an official warning for failing to follow the outriders instructions by riding in an unsafe manner, galloping the wrong way, during training hours on the racetrack (first offense).

WAC 260-24-690 WAC 260-80-145 WAC 260-84-060

Name: RUBEN RAUL CALDERON Ruling Date: 8/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-100 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
 
Jockey Ruben Raul Calderon having appeared before the Board of Stewards on this date August 19, 2016 for careless riding, while aboard Tellers Fly in the 9th race August 17, 2016, at The Downs at Albuquerque, is found to be in violation of Commission rules.
 
For this violation, the Board of Stewards assessed a penalty in the amount of Two Hundred Fifty dollars ($250.00). The fine is to be paid on or before September 18, 2016 in accordance with 15.2.3.8 FLAT RACING OFFICIALS GENERAL PROVISION
 B. Stewards.
   (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered
 
 Licensee is found to be in violation of:
Name: RICHARD E LULL Ruling Date: 8/19/2016
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 16-096 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Richard E Lull, after verbally waiving his rights to a formal ruling conference, is hereby assessed a fine of $100.00 for failing to fulfill his riding engagements on Sunday July 31, 2016. The fine is due and payable within seven days of 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 260-32-080

Name: ANSELMO GARCIA MARQUEZ Ruling Date: 8/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-99 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Licensee Anselmo Garcia Marquez having appeared before the Board of Stewards on August 13, 2016 for employing a person in a capacity for which he/she was not licensed.

narrative: An unlicensed person was in the paddock who had in his possession the owner license belonging to Anselmo Marquez.

Licensee was found to be in violation of Commission rules. Thus, for this rule violation, the Board of Stewards assessed licensee a penalty in the amount of two hundred Fifty dollars ($250.00). The fine is to be paid on or before September 19, 2016 in accordance with NMAC 15.2.3.8 B. Stewards. (3) Disciplinary action. (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered. Failure to pay this fine within the time prescribed may result in immediate suspension.

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

16.47.1.10 (C) (4) providing 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;

Name: TERRY W JUDGE Ruling Date: 8/18/2016
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2016-PRM-58 Ruling Type: Claiming Irregularities
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
A hearing was held on July 14, 2016 to determine if Owner Terry Judge violated Iowa Rules of Racing 491 IAC 6.5(3) “e” Theft or deceptive practice of any nature on the premises of a facility and 491 IAC 6.5(3) “i” Conduct in Iowa or elsewhere has been dishonest, undesirable, detrimental to, or reflects negatively on, the integrity or best interests of racing and gaming and 491 IAC 10.6 (18) a. (2) Number of claims. An ownership entity (sole owner, partnership, racing stable, corporation or owner/trainer acting as an owner) shall not claim more than one horse in a race. An authorized agent or trainer acting on behalf of an ownership entity shall not submit more than one claim in a race with or without commonality of ownership and 491 IAC 10.6(18) a. (8) Obstructing the rules of claiming. No person or licensee shall obstruct or interfere with another person or licensee in claiming any horse, enter into any agreement with another to subvert or defeat the object and procedures of a claiming race, or attempt to prevent any horse entered from being claimed.  Specifically, whether Terry Judge conspired with Trainer Amanda Dymond and Trainer Ray Tracy Jr. in an effort for Trainer Tracy Jr. to claim a horse for him out of the 9th race on July 8, 2016.
 
In the ninth race on July 8, 2016, Trainer Ray Tracy Jr. submitted a claim for the horse “Gambler Five” on behalf of Owner Jon Hansich.  In the same race, Owner/Trainer Amanda Dymond submitted a claim on the horse “Scatin Around” for Owner Terry Judge.  The Board notes there were a total of two claims in on “Gambler Five” and three claims in on “Scatin Around.”  Owner Jon Hansich was the successful claimant on “Gambler Five” and Owner Danny Caldwell was the successful claimant on “Scatin Around.”  The Board voided Owner Terry Judge’s claim.
 
Owner Terry Judge appeared in person for his hearing and was represented by Attorney Rick Olson.
 
The Board notes the Board also held hearings on July 14, 2016, on Owner/Trainer Amanda Dymond and Trainer Ray Tracy Jr. for same aforementioned alleged rule violations. Dymond and Tracy Jr. were also represented by Attorney Rick Olson.
 
Owner Terry Judge testified he called Tracy the morning of July 8, 2016 to have Tracy claim a horse for him that evening out of the ninth race.  Judge testified Tracy said he couldn’t because he (Tracy) was claiming another horse in the race, and he (Tracy) recommended Dymond claim the horse for him and Tracy handed the phone to Dymond.  Judge stated at that time, he talked to Dymond about claiming the horse. Judge testified he already knew from their (Judge and Dymond) previous conversation in Louisiana in January that Dymond charged $50.00 per day. Judge stated that nothing definite concerning Dymond training for him resulted in their discussion.   Judge testified Tracy is his trainer of record on his (Judge) Iowa Racing and Gaming Commission License application.  Judge testified Tracy has been his trainer for 10 to 15 years, and is the only trainer that has submitted claims on his behalf in recent history. The Board notes Tracy submitted seven claims on behalf of Judge this year at Prairie Meadows. Judge acknowledged, at the time Dymond submitted a claim on his behalf for “Scatin Around” in the ninth race on July 8, 2016, he (Judge) did not have any foal papers in Dymond’s trainer folder.
 
Trainer Tracy testified there wasn’t any collusion between Owner/Trainer Amanda Dymond, Owner Terry Judge and himself to claim more than one horse out of the ninth race on July 8, 2016.  Tracy testified Judge called him the morning of July 8, 2016 and asked him to claim a horse out of the ninth race that evening. Tracy stated he told Judge he couldn’t claim on his behalf because he was already claiming another horse in that race for another owner. Tracy testified he recommended Dymond claim the horse for him (Judge) and then handed his phone to Dymond.  Tracy testified he has some business ties with Dymond but they keep their training business separate. When asked by the Board, Tracy testified Dymond has never been his assistant trainer nor has he (Tracy) told Dymond what equipment her horses run in. When the Board specifically asked Tracy if, while in the paddock prior to a race, Dymond ever ask him if the horse she was saddling (training) went in blinkers, Tracy stated no.  
 
The Board questioned Tracy further about Dymond ever being his assistant trainer in Illinois in 2015. Tracy testified he forgot, she (Dymond) had been his assistant. The Board also questioned Tracy further while in the paddock prior to a race, if Dymond asked him (Tracy) if the horse Dymond was saddling (training) went in blinkers. Tracy testified maybe, if she didn’t have a program, she would ask him (Tracy) and he would look in his program or overnight sheet and tell her what equipment the horse wore.
 
Owner/Trainer Amanda Dymond testified she has been a licensed trainer since 2013.  Dymond testified she works for Tracy by saddling and galloping horses in Minnesota, Iowa and over the winter, Louisiana. Dymond testified Tracy pays her for the work she does. When asked by the Board, Dymond testified she has never been an assistant trainer for Tracy.  Dymond stated she keeps her pony at Tracy’s farm and her son works there as well.  Dymond testified over the winter, while at Fairgrounds Racetrack in Louisiana, Tracy, Judge and she (Dymond) were at dinner where she talked to Judge about the possibility of training some horses for him.  Dymond stated nothing specific or definite about her training for Judge came from their discussion. The Board questioned Dymond if she ever asked Tracy, as it concerns a horse she was training, what equipment that horse raced in. Dymond testified no, why would I. The Board asked Dymond, while in the paddock prior to a race, did she ask Tracy what equipment the horse raced in. Dymond stated no.  
 
The Board questioned Dymond further if she was Tracy’s assistant trainer in Illinois in 2015.  Dymond stated yes, she had forgotten that she was.  
 
The Board questioned Dymond further if, while saddling her horse in the paddock for a race, if she ever asked Tracy if the horse she was saddling (training) raced in blinkers.  Dymond testified she may have, if she didn’t have a program to check if the hose went in blinkers and if Tracy had a (program) she would have asked him.  Dymond further testified she did remember asking Tracy, while saddling her horse in the paddock for a race, if her horse went in blinkers because she didn’t have a program.
 
 
Due to a family medical emergency, Racing Official Paddock Judge Carmen Bish testified prior to Tracy’s hearing.  Bish testified she was on duty as paddock judge during the first part of Prairie Meadows 2016 racing season when she witnessed Owner/Trainer Dymond, while saddling her horse for a race, ask Trainer Ray Tracy Jr. if the horse she was saddling wore blinkers. After Tracy, Dymond and Judge’s hearings, the Board questioned Bish if Tracy checked his official racing program, overnight sheet or any other document when Dymond asked him (Tracy) if the horse she was saddling (training) raced in blinkers. Bish stated no, he did not.  
 
State Veterinarians stated they often saw Ray Tracy Jr., his Assistant Trainer Tanner Tracy and Amanda Dymond in each other’s shedrow on a regular basis.
 
The Board finds, based upon the preponderance of evidence, Owner Terry Judge in violation of the aforementioned Iowa Rules of Racing.  Owner Terry Judge conspired with Owner/Trainer Amanda Dymond and Trainer Ray Tracy Jr. in an effort to have Trainer Tracy Jr. claim a horse on his behalf out of the ninth race on July 8, 2016.  Judge’s testimony is not credible. Judge would have the Board believe he and Dymond discussed having Dymond train his horses for him in Louisiana during the month of January. No agreement or arrangement for Dymond to train Judge’s horses came from that meeting. Since the beginning of Prairie Meadows 2016 race meet, Judge submitted seven claims in an effort to claim a horse. Trainer Tracy Jr. signed the claim slip as Judge’s trainer on all seven claim slips. Further, the Board finds there is a long standing professional and financial tie between Tracy and Dymond. The Board further finds there was, and currently is, a long standing owner –trainer relationship between Tracy and Judge. Prior to the ninth race on July 8, 2016, no such relationship existed between Judge and Dymond. Therefore, Owner Terry Judge is fined one thousand dollars ($1000.00.)
  
Name: RAY TRACY Ruling Date: 8/18/2016
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2016-PRM-55 Ruling Type: Claiming Irregularities
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
A hearing was held on July 14, 2016 to determine if Ray Tracy Jr. violated Iowa Rules of Racing 491 IAC 6.5(3) “e” Theft or deceptive practice of any nature on the premises of a facility and 491 IAC 6.5(3) “i” Conduct in Iowa or elsewhere has been dishonest, undesirable, detrimental to, or reflects negatively on, the integrity or best interests of racing and gaming and 491 IAC 10.6 (18) a. (2) Number of claims. An ownership entity (sole owner, partnership, racing stable, corporation or owner/trainer acting as an owner) shall not claim more than one horse in a race. An authorized agent or trainer acting on behalf of an ownership entity shall not submit more than one claim in a race with or without commonality of ownership and 491 IAC 10.6(18) a. (8) Obstructing the rules of claiming. No person or licensee shall obstruct or interfere with another person or licensee in claiming any horse, enter into any agreement with another to subvert or defeat the object and procedures of a claiming race, or attempt to prevent any horse entered from being claimed.  Specifically, whether Ray Tray Jr. conspired with Trainer Amanda Dymond and Owner Terry Judge in an effort to claim more than one horse out of the 9th race on July 8, 2016.
 
In the ninth race on July 8, 2016, Trainer Ray Tracy Jr. submitted a claim for the horse “Gambler Five” on behalf of Owner Jon Hansich.  In the same race, Owner/Trainer Amanda Dymond submitted a claim on the horse “Scatin Around” for Owner Terry Judge.  The Board notes there were a total of two claims in on “Gambler Five” and three claims in on “Scatin Around.”  Owner Jon Hansich was the successful claimant on “Gambler Five” and Owner Danny Caldwell was the successful claimant on “Scatin Around.”  The Board voided Owner Terry Judge’s claim.
 
Trainer Tracy appeared in person for his hearing and was represented by Attorney Rick Olson.
 
The Board notes the Board also held hearings on July 14, 2016, on Owner/Trainer Amanda Dymond and Owner Terry Judge for same aforementioned alleged rule violations. Dymond and Judge were also represented by Attorney Rick Olson.   
 
Trainer Tracy testified there wasn’t any collusion between Owner/Trainer Amanda Dymond, Owner Terry Judge and himself to claim more than one horse out of the ninth race on July 8, 2016.  Tracy testified Judge called him the morning of July 8, 2016 and asked him to claim a horse out of the ninth race that evening. Tracy stated he told Judge he couldn’t claim on his behalf because he was already claiming another horse in that race for another owner. Tracy testified he recommended Dymond claim the horse for him (Judge) and then handed his phone to Dymond.  Tracy testified he has some business ties with Dymond but they keep their training business separate. When asked by the Board, Tracy testified Dymond has never been his assistant trainer nor has he (Tracy) told Dymond what equipment her horses run in. When the Board specifically asked Tracy if, while in the paddock prior to a race, Dymond ever ask him if the horse she was saddling (training) went in blinkers, Tracy stated no.  
 
The Board questioned Tracy further about Dymond ever being his assistant trainer in Illinois in 2015. Tracy testified he forgot, she (Dymond) had been his assistant. The Board also questioned Tracy further while in the paddock prior to a race, if Dymond asked him (Tracy) if the horse Dymond was saddling (training) went in blinkers. Tracy testified maybe, if she didn’t have a program, she would ask him (Tracy) and he would look in his program or overnight sheet and tell her what equipment the horse wore.
 
Owner/Trainer Amanda Dymond testified she has been a licensed trainer since 2013.  Dymond testified she works for Tracy by saddling and galloping horses in Minnesota, Iowa and over the winter, Louisiana. Dymond testified Tracy pays her for the work she does. When asked by the Board, Dymond testified she has never been an assistant trainer for Tracy.  Dymond stated she keeps her pony at Tracy’s farm and her son works there as well.  Dymond testified over the winter, while at Fairgrounds Racetrack in Louisiana, Tracy, Judge and she (Dymond) were at dinner where she talked to Judge about the possibility of training some horses for him.  Dymond stated nothing specific or definite about her training for Judge came from their discussion. The Board questioned Dymond if she ever asked Tracy, as it concerns a horse she was training, what equipment that horse raced in. Dymond testified no, why would I. The Board asked Dymond, while in the paddock prior to a race, did she ask Tracy what equipment the horse raced in. Dymond stated no.  
 
The Board questioned Dymond if she was Tracy’s assistant trainer in Illinois in 2015.  Dymond stated yes, she had forgotten that she was.  
 
The Board questioned Dymond further if, while saddling her horse in the paddock for a race, if she ever asked Tracy if the horse she was saddling (training) raced in blinkers.  Dymond testified she may have, if she didn’t have a program to check if the hose went in blinkers and if Tracy had a (program) she would have asked him.  Dymond further testified she did remember asking Tracy, while saddling her horse in the paddock for a race, if her horse went in blinkers because she didn’t have a program.
 
Owner Terry Judge testified he called Tracy the morning of July 8, 2016 to have Tracy claim a horse for him that evening out of the ninth race.  Judge testified Tracy said he couldn’t because he (Tracy) was claiming another horse in the race, and he (Tracy) recommended Dymond claim the horse for him and Tracy handed the phone to Dymond.  Judge stated at that time, he talked to Dymond about claiming the horse. Judge testified he already knew from their (Judge and Dymond) previous conversation in Louisiana in January that Dymond charged $50.00 per day.  Judge testified Tracy is his trainer of record on his (Judge) Iowa Racing and Gaming Commission License application.  Judge testified Tracy has been his trainer for 10 to 15 years, and is the only trainer that has submitted claims on his behalf in recent history. The Board notes Tracy submitted seven claims on behalf of Judge this year at Prairie Meadows. Judge acknowledged, at the time Dymond submitted a claim on his behalf for “Scatin Around” in the ninth race on July 8, 2016, he (Judge) did not have any foal papers in Dymond’s trainer folder.
 
Due to a family medical emergency, Racing Official Paddock Judge Carmen Bish testified prior to Tracy’s hearing.  Bish testified she was on duty as paddock judge during the first part of Prairie Meadows 2016 racing season when she witnessed Owner/Trainer Dymond, while saddling her horse for a race, ask Trainer Ray Tracy Jr. if the horse she was saddling wore blinkers. After Tracy, Dymond and Judge’s hearings, the Board questioned Bish if Tracy checked his official racing program, overnight sheet or any other document when Dymond asked him (Tracy) if the horse she was saddling (training) raced in blinkers. Bish stated no, he did not.  
 
State Veterinarians stated they often saw Ray Tracy Jr., his Assistant Trainer Tanner Tracy and Amanda Dymond in each other’s shedrow on a regular basis.
 
The Board finds, based upon the preponderance of evidence, Ray Tracy Jr. in violation of the aforementioned Iowa Rules of Racing.  Trainer Ray Tracy Jr. conspired with Owner/Trainer Amanda Dymond and Owner Terry Judge in an effort to claim more than one horse out of the ninth race on July 8, 2016.  Tracy’s testimony is not credible. On more than one occasion Tracy changed his testimony when questioned by the Board.  Further, Tracy testified the only time he told Dymond what equipment the horse she was training raced in, was when he looked the information up in his racing program. Paddock Judge Bish is clear in that, while in the paddock, saddling for a race, Tracy did not reference any documentation prior to answering Dymond whether the horse she was saddling (training) wore blinkers. The Board finds the testimony provided by Bish credible.  Further, the Board finds there is a long standing professional and financial tie between Tracy and Dymond. The Board further finds there was, and currently is, a long standing owner –trainer relationship between Tracy and Judge. Prior to the ninth race on July 8, 2016, no such relationship existed between Judge and Dymond. Therefore, Trainer Ray Tracy Jr. is fined one thousand dollars ($1000.00.)
  
Name: AMANDA BETSY DYMOND Ruling Date: 8/18/2016
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2016-PRM-57 Ruling Type: Claiming Irregularities
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
A hearing was held on July 14, 2016 to determine if Owner/Trainer Amanda Dymond violated Iowa Rules of Racing 491 IAC 6.5(3) “e” Theft or deceptive practice of any nature on the premises of a facility and 491 IAC 6.5(3) “i” Conduct in Iowa or elsewhere has been dishonest, undesirable, detrimental to, or reflects negatively on, the integrity or best interests of racing and gaming and 491 IAC 10.6 (18) a. (2) Number of claims. An ownership entity (sole owner, partnership, racing stable, corporation or owner/trainer acting as an owner) shall not claim more than one horse in a race. An authorized agent or trainer acting on behalf of an ownership entity shall not submit more than one claim in a race with or without commonality of ownership and 491 IAC 10.6(18) a. (8) Obstructing the rules of claiming. No person or licensee shall obstruct or interfere with another person or licensee in claiming any horse, enter into any agreement with another to subvert or defeat the object and procedures of a claiming race, or attempt to prevent any horse entered from being claimed.  Specifically, whether Amanda Dymond conspired with Trainer Ray Tracy Jr. and Owner Terry Judge in an effort for Ray Tracy Jr. to claim more than one horse out of the 9th race on July 8, 2016.
 
In the ninth race on July 8, 2016, Trainer Ray Tracy Jr. submitted a claim for the horse “Gambler Five” on behalf of Owner Jon Hansich.  In the same race, Owner/Trainer Amanda Dymond submitted a claim on the horse “Scatin Around” for Owner Terry Judge.  The Board notes there were a total of two claims in on “Gambler Five” and three claims in on “Scatin Around.”  Owner Jon Hansich was the successful claimant on “Gambler Five” and Owner Danny Caldwell was the successful claimant on “Scatin Around.”  The Board voided Owner Terry Judge’s claim.
 
Owner/Trainer Dymond appeared in person for her hearing and was represented by Attorney Rick Olson.
 
The Board notes the Board also held hearings on July 14, 2016, on Trainer Ray Tracy Jr. and Owner Terry Judge for same aforementioned alleged rule violations. Tracy and Judge were also represented by Attorney Rick Olson.   
 
Owner/Trainer Dymond testified she has been training horses since 2013. Dymond testified there wasn’t any collusion between Trainer Ray Tracy Jr., Owner Terry Judge and herself so that Tracy could claim more than one horse out of the ninth race on July 8, 2016.  Dymond testified she was with Tracy in his shedrow when Judge called him (Tracy) the morning of July 8, 2016 and asked him to claim a horse out of the ninth race that evening. Dymond stated she heard Tracy tell Judge he couldn’t claim on his behalf because he was already claiming another horse in that race for another owner and then he (Tracy) handed me (Dymond) the phone.  Dymond testified she does saddle and gallop horses for Tracy and gets paid for those services. Dymond stated the states where she works for Tracy are Minnesota, Illinois, Louisiana and Iowa. When questioned by the Board, Dymond testified she has never been Tracy’s assistant trainer nor has she ever asked Tracy what equipment horses she trains races in. When the Board specifically asked Dymond if, while in the paddock prior to a race, she ever ask Tracy if the horse she was saddling (training) wore blinkers, Dymond stated no.  
 
The Board questioned Dymond further about being Tracy’s assistant trainer in Illinois in 2015. Dymond testified she forgot, yes, she had been his (Tracy’s) assistant trainer.  The Board also questioned Dymond further while in the paddock prior to a race, if she (Dymond) asked Tracy if the horse she was saddling (training) went in blinkers. Dymond testified she probably did ask him (Tracy), if she didn’t have a program, she would ask him (Tracy) and he would look in his program and tell her if the horse wore blinkers.
 
Trainer Ray Tracy Jr. testified he pays Dymond for saddling and galloping horses for him in Minnesota, Louisiana and Iowa. When asked by the Board, Tracy testified Dymond has never been his assistant trainer.  Tracy stated Dymond has worked at his farm and she keeps her pony there. Tracy stated Dymond’s son works at his farm as well.  Tracy testified Judge, Dymond and he were at dinner last January in Louisiana, where she talked to Judge about the possibility of training horses for him.  The Board questioned Tracy if Dymond ever asked him, on a horse she was training, what equipment that horse raced in. Tracy testified no, why would she if she is training the horse. The Board asked Tracy, while in the paddock prior to a race, did she (Dymond) ask him what equipment the horse raced in. Tracy stated no.  
 
The Board questioned Tracy further if Dymond was his assistant trainer in Illinois in 2015.  Tracy stated yes, I forgot she was my assistant trainer.  
 
The Board questioned Tracy further if, while Dymond was saddling her horse in the paddock for a race, if she ever asked him if the horse she (Dymond) was saddling (training) raced in blinkers.  Tracy testified she may have, if she didn’t have a program to check if the horse went in blinkers and if he had a (program) she would have asked him. Tracy further testified he did remember Dymond asking him, if her horse went in blinkers because she didn’t have a program.
 
Owner Terry Judge testified he called Tracy the morning of July 8, 2016 to have Tracy claim a horse for him that evening out of the ninth race.  Judge testified Tracy said he couldn’t because he (Tracy) was claiming another horse in the race, and he (Tracy) recommended Dymond claim the horse for him and Tracy handed the phone to Dymond.  Judge stated at that time, he talked to Dymond about claiming the horse. Judge testified he already knew from their (Judge and Dymond) previous conversation in Louisiana in January that Dymond charged $50.00 per day.  Judge testified Tracy is his trainer of record on his (Judge) Iowa Racing and Gaming Commission License application.  Judge testified Tracy has been his trainer for 10 to 15 years, and is the only trainer that has submitted claims on his behalf in recent history. The Board notes Tracy submitted seven claims on behalf of Judge this year at Prairie Meadows. Judge acknowledged, at the time Dymond submitted a claim on his behalf for “Scatin Around” in the ninth race on July 8, 2016, he (Judge) did not have any foal papers in Dymond’s trainer folder.
 
Due to a family medical emergency, Racing Official Paddock Judge Carmen Bish testified prior to Dymond’s hearing.  Bish testified she was on duty as paddock judge during the first part of Prairie Meadows 2016 racing season when she witnessed Owner/Trainer Dymond, while saddling her horse for a race, ask Trainer Ray Tracy Jr. if the horse she was saddling wore blinkers. After Dymond, Tracy and Judge’s hearings, the Board questioned Bish if Tracy checked his official racing program, overnight sheet or any other document when Dymond asked him (Tracy) if the horse she was saddling (training) raced in blinkers. Bish stated no, he did not.  
 
State Veterinarians stated they often saw Amanda Dymond, Ray Tracy Jr., and Ray Tracy’s Assistant Trainer Tanner Tracy, in each other’s shedrow on a regular basis.
 
The Board finds, based upon the preponderance of evidence, Owner/Trainer Amanda Dymond in violation of the aforementioned Iowa Rules of Racing.  Amanda Dymond conspired with Trainer Ray Tracy Jr. and Owner Terry Judge in an effort for Trainer Tracy Jr. to claim more than one horse out of the ninth race on July 8, 2016.  Dymond’s testimony is not credible. On more than one occasion Dymond changed her testimony when questioned by the Board.  Further, Dymond testified the only time Tracy told her what equipment the horse she was training raced in, was when he (Tracy) looked the information up in his racing program. Paddock Judge Bish is clear in that, while in the paddock, saddling for a race, Tracy did not reference any documentation prior to answering Dymond whether the horse she was saddling (training) wore blinkers. The Board finds the testimony provided by Bish credible.  Further, the Board finds there is a long standing professional and financial tie between Dymond and Tracy. The Board further finds there was, and currently is, a long standing owner –trainer relationship between Tracy and Judge. Prior to the ninth race on July 8, 2016, no such relationship existed between Judge and Dymond. Therefore, Owner/Trainer Amanda Dymond is fined one thousand dollars ($1000.00.)
Name: RIGOBERTO SANCHEZ Ruling Date: 8/18/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 16570 Ruling Type: Trainer Responsibility
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Rigoberto Sanchez is fined one hundred ($100) dollars for failing to have a current herpes vaccination for "Mr. Perry Rose", a violation of IHRC Rule #71 IAC 8.5-14-1(c), necesitating a late scratch from the ninth (9th) race on August 17, 2016.
Name: Jon Lamar Anderson Ruling Date: 8/18/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16123 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: While driving in race 11 on 8/16/16, Mr. Anderson crossed over before the start.
Name: Edward Merril Boerjan Ruling Date: 8/18/2016
Jurisdiction: Indiana Racing Commission Facility: Indiana Grand
Ruling Number: 16571 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: Ed Boerjan has surrendered his trainer license in Indiana as he no longer is working in that capacity. He maintains his owner's license.
Name: JONATHAN L ONEY Ruling Date: 8/17/2016
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-036-16 Ruling Type: Failure to Submit Urine Sample
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/16/2016 Suspension End: 9/15/2016
Ruling Text: Jonathan Oney is summarily suspended for refusing to submit to a urine test on August 16, 2016 at Harrington Raceway. Mr. Oney has a judges hearing on Monday August 22, 2016 at 4pm DHRC rule: 10.2.3; 10.2.3.1.
Name: JONATHAN L ONEY Ruling Date: 8/23/2016
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-036-16-MOD Ruling Type: Failure to Submit Urine Sample
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/16/2016 Suspension End: 9/15/2016
Ruling Text: RE: HAR-036-16 - Modified Ruling - After a Judge's hearing Mr. Jonathan L Oney is issued a 30 day "FULL" suspension of his Delaware Harness Racing Commission "Grooms" license for refusing a human drug test. Suspension begins August 16, 2016 to and including September 15, 2016. Mr. Oney must pay for the test he refused (69.32) and any future test that he takes until notified otherwise. DHRC rule: 10.2.3.2; 5.1.8.2.7. 5.1.8.2.5.
Name: ARNULFO ASCENCIO Ruling Date: 8/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-91 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 8/17/2016 Suspension End: 8/19/2016
Ruling Text:
 
Owner/Trainer Arnulfo Ascencio,Jr. having failed to pay the fine assessed in Ruling#:2016-RUI-86 issued on July15, 2016 at Ruidoso Downs racetrack is found to be in violation of Commission rules.
Mr. Ascencio failed to pay his fine by August 15, 2016, the time prescribed in accordance with
 
15.2.3.8  FLAT RACING OFFICIALS GENERAL PROVISIONS:
 
 B. Stewards
  (3) Disciplinary action
   (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered
 
For this rule violation, all licenses issued to him are suspended, and he will be ineligible to apply for a New Mexico Racing Commission license until the fine has been paid in full.”
 
Name: ARNULFO ASCENCIO Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-91-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 8/17/2016 Suspension End: 8/19/2016
Ruling Text: RE: 2016-DAA-91 - Restored to Good Standing
Name: ALBERT SERRANO FRANCO Ruling Date: 8/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-92 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: 8/17/2016 Suspension End: 8/17/2016
Ruling Text:
 
Trainer Albert Serrano Franco having failed to pay the fine assessed in Ruling#:2016-RUI-82 issued on July 15, 2016 at Ruidoso Downs racetrack is found to be in violation of Commission rules.
Mr. Franco failed to pay his fine by August 15, 2016, the time prescribed in accordance with
 
15.2.3.8  FLAT RACING OFFICIALS GENERAL PROVISIONS:
 
 B. Stewards
  (3) Disciplinary action
   (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered
 
For this rule violation, all licenses issued to him are suspended, and he will be ineligible to apply for a New Mexico Racing Commission license until the fine has been paid in full.”
Name: ALBERT SERRANO FRANCO Ruling Date: 8/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-98 Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
 
Trainer Albert Serrano Franco having appeared before the Board of Stewards on Date: 8/17/16 and having fulfilled the conditions required in Ruling #2016-DAA-92, is hereby reinstated, and restored, as of this Date: 8/17/16.
 
 
NARRATIVE: Mr Franco having paid his fine on 8/15/16, and verified by Ruidoso downs licensing clerk is here by reinstated to good standing by the NMRC.
 
 
 
(This ruling to supersede Ruling# 2016-DAA-92 issued on 8/17/16.)
Name: ALBERT SERRANO FRANCO Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-98-REST Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2016-DAA-98 - Restored to Good Standing
Name: HARLAN KELLY WALKER Ruling Date: 8/17/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16125 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Harlan Walker is hereby assessed a civil penalty of One Hundred ($100) for failing to have Im a Southern Diva in the paddock for the 9th Race at Canterbury Park on August 13, 2016, necessitating a late scratch and cancellation of Superfecta wagering.

Minnesota Rules: 7877.0170 (Duties and Responsibilities of Class C Licensees) Subp. 2.C.-Trainers 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-General authority 7897.0130 (Schedule of Fines) Subp. 1.-Imposition of fines; Subp. 2.B.-Categories of violations; Subp. 3.B.-Assignment of categories; Subp. 6.-Timetable for paying fines (within 72 hours of ruling date)

Name: D W CAMAC Ruling Date: 8/17/2016
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-035-16 Ruling Type: Failure to Meet Financial Obligation
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/16/2016 Suspension End: 8/19/2016
Ruling Text: Mr. Daniel W Camac is no longer in compliance with the Division Of Revenue in the State of Delaware and as a result is summarily suspended. Mr. Camac shall remain suspended until the DHRC Judges are notified by the Division of Revenue that he is back in full compliance with there requirements. DHRC rule: 10.2.3; 10.2.3.1.
Name: D W CAMAC Ruling Date: 8/23/2016
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-035-16-REST Ruling Type: Failure to Meet Financial Obligation
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/16/2016 Suspension End: 8/19/2016
Ruling Text: RE: HAR-035-16 - Restored to Good Standing - Daniel W Camac is in good standing with the Delaware Department of Revenue as of August 19, 2016
Name: DAVID ALLEN TREHARNE Ruling Date: 8/17/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-150 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Failure to have a current coggins for the horse "D'Forest Diva" necessitating a late scratch.
Name: FELIPE GARCIA LUNA Ruling Date: 8/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-93 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 8/17/2016 Suspension End: 8/20/2016
Ruling Text:
 
Jockey Felipe D. Garcia-Luna having failed to pay the fine assessed in Ruling#:2016-RUI-102 issued on July16, 2016 at Ruidoso Downs racetrack is found to be in violation of Commission rules.
Mr. Garcia-Luna failed to pay his fine by August 16, 2016, the time prescribed in accordance with
 
15.2.3.8  FLAT RACING OFFICIALS GENERAL PROVISIONS:
 
 B. Stewards
  (3) Disciplinary action
   (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered
 
For this rule violation, all licenses issued to him are suspended, and he will be ineligible to apply for a New Mexico Racing Commission license until the fine has been paid in full.”
Name: FELIPE GARCIA LUNA Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-93-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 8/17/2016 Suspension End: 8/20/2016
Ruling Text: RE: 2016-DAA-93 - Restored to Good Standing
Name: JENNIFER R RODRIGUEZ Ruling Date: 8/17/2016
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 16-094 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: After waiving her rights to a formal ruling conference, trainer Jennifer R. Rodriguez is hereby assessed a fine of $100.00 for the unauthorized late scratch of the horse, Tim Tim Tim, in the sixth race on Saturday, August 13, 2016. 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 (4) WAC 260-84-060

Name: Timothy Allen Maier Ruling Date: 8/16/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16049 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Driver Tim Maier who drove #4 "FLASHY LADY" in the 5th race at Running Aces Harness Park on August 13, 2016 is hereby fined the sum of One (1) Hundred Dollars for violation of MRC Rule 7884.0260 Subpart 2 (W), driving rules, which reads: "keep one line, rein, or handhold in each hand at all times during the race except when the horse and driver reach the 7/8 pole marker during the race."
 
   MRC Rule 7879.0200 Subpart 1 (A)(B): Judges' Authority
   MRC Rule 7884.0260 Subpart 2 (T 1): Whipping
Name: JOHN J DELONG Ruling Date: 8/16/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16122 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: While driving in race 14 on 8/16/16, Mr. De Long violated the IHRC whipping rule by using other than wrist action. (Stakes race)
Name: JAMES DALE YODER Ruling Date: 8/16/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16120 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: While driving in race 5 on 8/13/16, Mr. Yoder violated the IHRC whipping rule by using other than wrist action.
Name: DAVID MILLER Ruling Date: 8/16/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16118 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: While driving in race 12 on 8/12/16, Mr. Miller violated the IHRC whipping rule by using other than wrist action. (Stakes race)
Name: TRACE A TETRICK Ruling Date: 8/16/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16119 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: While driving in race 13 on 8/12/16, Mr. Tetrick violated the IHRC whipping rule by using other than wrist action.
Name: JUSTIN JA LLOYD Ruling Date: 8/16/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16121 Ruling Type: Race Office/Track Rule Violation
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. Lloyd made a late driver change in race 5 on 8/13/16.
Name: CHARLES JASON DILLANDER Ruling Date: 8/16/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16117 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: While driving in race 8 on 8/12/16, Mr. Dillander hooked wheels with No. 9 J-S LIVETHEDREAM.
Name: ALEJANDRO GONZALEZ Ruling Date: 8/15/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-149 Ruling Type: Fined
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to have breed registration certificate on file in the racing office for "El Comander"

Name: HECTOR LUIS ROSARIO Ruling Date: 8/15/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-147 Ruling Type: Failure to Report or Make Correct Weight
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failed to report weigh in or out resulting in a late rider change for the 1st and 2nd races
Name: DONRICUS BLACKMON Ruling Date: 8/14/2016
Jurisdiction: Kentucky Racing Commission Facility: Blue Grass Downs
Ruling Number: 2016-023 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
The post race sample #0083359 collected on 6/24/2016 from the horse Blueridge Orion was found to contain Flunixix in excess of the regulatory threshold set by the KHRC. Mr. Crisler is fined $500.00 and the purse money won of $700.00 is ordered returned and redistributed.  Fines not paid and purse money not returned with in 7 days of the action date may result in additional fines and or suspension
Name: NICK R ROLAND Ruling Date: 8/14/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16048 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Driver Nick Roland who drove #5 "HOTMONES" in the 2nd race at Running Aces Harness Park on August 13, 2016 is hereby fined the sum of Two (2) Hundred Dollars for violation of MRC Rule 7884.0260 Subpart 7: Use of stirrups.
 
   MRC Rule 7879.0200 Subpart 1 (A)(B): Judges' Authority
   MRC Rule 7884.0260 Subpart 7: Driving Rules
Name: JOHN H HUGHES Ruling Date: 8/14/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-025 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/26/2016 Suspension End: 9/24/2016
Ruling Text:
 During a search of Mr. Hughes tack room conducted by KHRC and Red Mile security. Mr. Hughes was found to be in possession of needles and an bottle of an injectable substance . Mr. Hughes is suspended 30 days. During his suspension Mr. Hughes is denied access to all areas under the jurisdiction of the KHRC. The materials collected during the search have been sent to be analyzed.  Any finding of banned or prohibited substances may result in further action.  
Name: GEREMY BOBBIT Ruling Date: 8/14/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-024 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 8/22/2016 Suspension End: 8/26/2016
Ruling Text:
The post race sample #0083419 collected on 7/10/2016 from the horse Cyclone Ashore  was found to contain Dexamethasone in excess of the regulatory threshold set by the KHRC. Mr. Bobbit is suspended 5 days and fined $500.00 and the purse money won of $700.00 is ordered returned and redistributed.  Fines not paid and purse money not returned with in 7 days of the action date may result in additional fines and or suspension.
Name: Bernardo Lara Ornelas Ruling Date: 8/14/2016
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 16-093 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On Saturday, August 13, 2016, a steward's conference was scheduled with exercise rider Bernardo Lara Ornelas for a training track safety violation. Mr. Ornelas was properly notified and failed to appear, on Sunday, August 14, 2016 the conference was held in his absence. Documentation was presented from the Emerald Downs official outriders stating Bernardo Lara Ornelas was galloping the wrong way during training hours. Accordingly, Bernardo Lara Ornelas is assessed a fine of $50.00 (third training track violation within a calendar year). 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 260-24-690 (1.a.b) WAC 260-80-145 WAC 260-84-060

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: PAUL ALLEN SMITH Ruling Date: 8/14/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-88 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Licensee Paul Smith having been notified telephonically by the Board of Stewards on August 14, 2016 for failure to have equipment ( Blinker on) that was designated at time of entry on the horse “Adios Odds”, entered in the 2ND race, on August 13, 2016 at Down of Albuquerque. Licensee is found to be in violation of Commission rules

Licensee is found to be in violation of:

15.2.5.8 (B)(9) NMAC: Which states in pertinent part that “ Any approved change of equipment must be declared at time of entry.”Any changes after that time must be approved by the Stewards. . For this rule violation, the Board of Stewards assessed a penalty in the amount of Fifty dollars ($50.00). The fine is to paid on or before September 10, 2016 in accordance with 15.2.3.8 NMAC. B. Stewards. (3) Disciplinary action. (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered. Failure to pay the fine within the time prescribed may result in immediate suspension.

Name: PAULA KAY THOMSEN Ruling Date: 8/14/2016
Jurisdiction: Nebraska Racing Commission Facility: Columbus
Ruling Number: -CLS-2 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Paula Thomsen having been properly served and waiving her right to a formal hearing is hereby fined the sum of One Hundred Dollars ($100.00) for violation of Nebraska State Racing Commission rule 9.001.13 (No horse shall be allowed to enter or start in any race unless duly registered and named with the Registry of the Jockey Club and the certificate of registration properly endorsed of the current owner and is on file with the Racing Office)

Fine to be paid the the Nebraska Racing Commission within 72 hours.

Name: JUVENTINO RUIZ Ruling Date: 8/14/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-162 Ruling Type: Employment Violation
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:

Trainer, Juventino Ruiz having been duly notified and having failed to appear before the Board of Stewards on August 14, 2016 for employing unlicensed help, Leo Herrera. The hearing was held in absentia.

For this rule violation, the Board of Stewards ordered a penalty in the amount of two hundred dollars ($200.00). This fine is to paid on or before September 14, 2016 in accordance with 15.2.3.8(B)(3)(1) NMAC. Failure to pay this fine within prescribed time may result in suspension.

16.47.1.10(C)(4)NMAC providing 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;

15.2.3.8.B(3)(f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude 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.rom grounds under the jurisdiction of the commission. 15.2.1.9(b) An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check.

Name: TYLER G SHEHAN Ruling Date: 8/14/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-026 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
On 8/11/2016 at The Red Mile Mr. Shehan ignored the orders of the padock judge and was smoking in the paddock.
Name: JUAN MANUEL MADRIGAL ALCALA Ruling Date: 8/13/2016
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 16-092 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On Saturday, August 13, 2016 a ruling conference was held with exercise rider Juan Manuel Madrigal Alcala at which time testimony was heard. Three safety citations were presented by the Emerald Downs official outriders stating that Mr. Madrigal was galloping his horses the wrong way of the training track. Accordingly, Juan Manuel Madrigal Alcala is hereby assessed a fine of $100.00 for creating unsafe conditions on the track during morning training. 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 260-24-690 WAC 260-80-145 WAC 260-84-060

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: CHRIS RUSSELL ROSIER Ruling Date: 8/13/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16123 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Christopher Rosier is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount Ada Lida more than three consecutive times without pausing during the stretch run of the 2nd Race at Canterbury Park on August 11, 2016 (1st whip rule violation during the 2016 Canterbury Park meet).

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

Name: Garry Leonard Schedlosky Ruling Date: 8/13/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-106 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 s (v) Whipping
Name: Garry Leonard Schedlosky Ruling Date: 8/13/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-106-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-106 - Ruling Final Outcome
Name: Jessie Pacheco Mora Ruling Date: 8/13/2016
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R16046 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Jessie Pacheco who started the horse "I'M AN ATHLETE" in the 7th race at Running Aces Harness Park on July 31, 2016 finishing 2nd, the horse was subsequently subject to post race testing according to MRC Protocols. The resulting Sample # E-209092 was submitted to Industrial Labs (the contract laboratory of the Minnesota Racing Commission) for testing.
The test result showed the presence of Phenylbutazone at a level of 2.61 +/- 0.38 ug/mL an amount in excess of the allowable level of 2.0 ug/mL.
With reference to MRC Rules and the RCI Penalty Guidelines and recognizing the fact that Trainer Pacheco has had one (1) violation in the past Three Hundred Sixty Five (365) Days he is therefore fined the sum of Five (5) Hundred Dollars per RCI Penalty Guidelines.
 
   MRC Rules 7879.0200 Subpart 1 (A)(B): Judges' Authority
   MRC Rules 7890.0100 Subpart 13 A (1A): Medication
Name: JONATHAN ADOLFO CHAVIRA Ruling Date: 8/13/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-155 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/13/2016 Suspension End:
Ruling Text: The Trainer License issued to JONATHAN ADOLFO CHAVIRA, is herby suspended effective immediately for being suspended in another jurisdiction (Colorado Racing Commission Case No. 16-0734).

(JONATHAN ADOLFO CHAVIRA must be reinstated by Colorado and must appear before the Board of Stewards prior to any future licensing)

JONATHAN ADOLFO CHAVIRA is found to be in violation of:

15.2.1.9(B)8 (c) The stewards shall honor the rulings issued by other pari-mutuel racing commissions. 16.47.1.8 (L)(1) (e) GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: has been found in violation of rules governing racing in this state or other jurisdictions 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. 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. 15.2.1.9(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: RUSSELL DEAN SHAW Ruling Date: 8/13/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16122 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Russell Shaw is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount Sweet First Leader more than three consecutive times without pausing during the stretch run of the 1st Race at Canterbury Park on August 11, 2016 (1st whip rule violation during the 2016 Canterbury Park meet).

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

Name: RIGO J. JUAREZ Ruling Date: 8/12/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-81 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/12/2016 Suspension End: 8/20/2016
Ruling Text:
 
 
Trainer Rigo J Juarez having failed to pay the fine assessed in Ruling # 2016-RUI-78 issued on July 9, 2016 at Ruidoso Downs racetrack is found to be in violation of Commission rules.
Mr. Juarez failed to pay his fine by August 9,2016 the time prescribed in accordance with
 
15.2.3.8  FLAT RACING OFFICIALS GENERAL PROVISIONS:
 
 B. Stewards
  (3) Disciplinary action
   (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered
 
For this rule violation, all licenses issued to him is suspended, and he will be ineligible to apply for a New Mexico Racing Commission license until the fine has been paid in full.”
Name: RIGO J. JUAREZ Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-81-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/12/2016 Suspension End: 8/20/2016
Ruling Text: RE: 2016-DAA-81 - Restored to Good Standing PD FINE
Name: TROY L GRISSOM Ruling Date: 8/12/2016
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 16-091 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Exercise rider Troy L. Grissom , after waiving his rights to a formal ruling conference, is hereby given an official warning for failing to follow the outriders instructions by riding in an unsafe manner, (galloping the wrong way), during training hours on the racetrack.

WAC 260-80-145 WAC 260-84-060

Name: THOMAS EDWARD MCFADDEN Ruling Date: 8/12/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16121 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Tom McFadden, having waived his right to a formal hearing and also having waived his right to test a split sample, is hereby assessed a civil penalty of Five Hundred Dollars ($500) after Industrial Laboratories issued a medication violation on August 10, 2016, reporting the finding of Phenylbutazone at a level of 2.71+/-0.38 mcg/mL in serum or plasma for Sample #E210075 collected from Kilarney Blarney, 3rd-place finisher in the 4th Race on July 28, 2016, at Canterbury Park. The level is above the permitted limit. This is Trainer McFadden's first medication violation within 365 days.

Minnesota Rules: 7877.0170 (Duties and Responsibilities of Class C Licensees) Subp. 2.C.(1)(2)(3)-Trainer responsibility 7879.0200 (Authority and Duties of Stewards) Subp. 1.A.-General authority of stewards 7890.0100 (Definitions) Subp. 13.A.(1)(a)-Medication (Bute overage) 7897.0130 (Schedule of Fines) Subp. 6.-Timetable for paying fines

Name: FLOYD EDWARD HENSLEY Ruling Date: 8/11/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-102 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRS Rule 458 ® Kicking
Name: FLOYD EDWARD HENSLEY Ruling Date: 8/11/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-102-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
RE: 2016-CENT-102 - Ruling Final Outcome Repeat Offense
Name: FLOYD EDWARD HENSLEY Ruling Date: 8/11/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-102-FO1 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-102 - Ruling Final Outcome
Name: FLOYD EDWARD HENSLEY Ruling Date: 8/11/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-103 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 s (v) Whipping Repeat Offense
Name: FLOYD EDWARD HENSLEY Ruling Date: 8/11/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-103-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-103 - Ruling Final Outcome
Name: RONALD ALFRED CULLEN Ruling Date: 8/11/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-104 Ruling Type: Frivolous Claim of Foul
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 278 Frivolous claim of foul.
Name: RONALD ALFRED CULLEN Ruling Date: 8/11/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-104-FO Ruling Type: Frivolous Claim of Foul
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-104 - Ruling Final Outcome
Name: PEDRO ENRIQUEZ VERA Ruling Date: 8/11/2016
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 16-090 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Exercise rider Pedro Enriquez Vera, after waiving his rights to a formal ruling conference, is hereby given an official warning for failing to follow the outriders instructions by riding in an unsafe manner, galloping the wrong way, during training hours on the racetrack (first offense).

WAC 260-24-690 WAC 260-80-145 WAC 260-84-060

Name: CHARLTON SHAYNE HUNT Ruling Date: 8/11/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16119 Ruling Type: Necessitating a Late Scratch
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Charlton Hunt is hereby assessed a civil penalty of One Hundred ($100) for failing to have Jam equipped with a flipping halter necessitating a late scratch from the 2nd Race at Canterbury Park on August 7, 2016.

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-General authority 7883.0170 (Duties and Responsibilities of Class C Licensees) Subp. 2.C.-Trainers 7897.0130 (Schedule of Fines) Subp. 6.-Timetable for paying fines (within 72 hours)

Name: Gerardo Garcia Ruling Date: 8/11/2016
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 60-2016 DE Ruling Type: Fined
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: 60-2016

Exercise Rider Gerardo Garcia, RCI ID 1953670, DOB 10/5/1990 is hereby fined the sum of one hundred ($100.00) dollars for a Safety Violation (smoking in the shed row). Refer to D.T.R.C. RULES 5.26, 3.4.1.15 AND 3.4. Fine must be paid within 48 hours.

Name: Ismael Suarez Ricardo Ruling Date: 8/10/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16118 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 400 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Ismael Suarez Ricardo is hereby assessed a civil penalty of Four Hundred Dollars ($400) for prohibited use of the riding crop while striking his mount Valiant Norther more than three consecutive times without pausing during the stretch run of the 2nd Race at Canterbury Park on August 6, 2016 (3rd whip rule violation during the 2016 Canterbury Park meet).

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

Name: EDGAR VIDAL PAUCAR Ruling Date: 8/10/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-134 Ruling Type: Failure to Report or Make Correct Weight
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failed to report and weight out at the appointed time.
Name: CRAIG A WENGER Ruling Date: 8/10/2016
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 16-089 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/10/2016 Suspension End:
Ruling Text: On Wednesday, August 10, 2016, the Washington Horse Racing Commission received a License Suspension Certification from the State of Washington, Department of Social and Health Services (DSHS), Division of Child Support, dated Wednesday, August 10, 2016 a copy of which is attached to this ruling and hereby incorporated by reference. Pursuant to RCW 67.16.020, RCW 74.20A.320, and WAC 260-36-120 (2) (a), the Commission or its designee is required to immediately suspend the license , or declare a person ineligible for a license, if the individual is certified to be in noncompliance with a child support order.

Based on the License Suspension Certification from DSHS, Craig A Wenger is declared ineligible for licensing and any current WHRC license is IMMEDIATELY SUSPENDED. Upon receipt by the Commission of a release issued by the DSHS Division of Child Support, the license can be reinstated if all other requirements for the license continue to be met.

Under the terms of this ruling Craig A Wenger is hereby denied access to and privileges of any and all grounds and Advance Deposit Wagering Providers coming under the jurisdiction of the Washington Horse Racing Commission.

Name: CLIFFORD JOHN WEGHORST Ruling Date: 8/10/2016
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2016-PRM-51 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
A report from Prairie Meadows Security dated August 10, 2016 states that Assistant Trainer Clifford Weghorst was seen smoking in Barn D-3. Mr. Weghorst waived his right to present evidence and testimony. Therefore, the Board of Stewards hereby issues an administrative penalty of $200.00 to Assistant Trainer Clifford Weghorst.
Name: MARIO SEREY Ruling Date: 8/9/2016
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 58-2016 DE Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/10/2016 Suspension End: 8/23/2016
Ruling Text: 58-2016

The D.T.R.C. Trainer license for Mario Serey Jr., RCI ID 1356369, DOB 11/26/1970, having been notified for a hearing on August 9, 2016, is hereby suspended pending his appearance before The Board of Stewards. During the period of his suspension, he shall be denied the privileges of all grounds under the juridiction of the Delaware Thoroughbred Racing Commission. Refer to D.T.R.C. Rules 3.3, 3.4, 3.4.1.3, 18.1 and 18.1.3.

Name: MARIO SEREY Ruling Date: 8/23/2016
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 58-2016 DE-REST Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/10/2016 Suspension End: 8/23/2016
Ruling Text: RE: 58-2016 DE - Restored to Good Standing 59-2016

The D.T.R.C. Trainer license for Mario Serey Jr., RCI ID 1356369, DOB 11/26/1970, is hereby restoned to good standing. Refer to D.T.R.C. Rules 2.1.1, 3.3, 3.3.1, and 3.4.

Name: MARIO SEREY Ruling Date: 8/23/2016
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 58-2016 DE-FO Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/10/2016 Suspension End: 8/23/2016
Ruling Text: RE: 58-2016 DE - Ruling Final Outcome

61-2016

Trainer Mario Serey Jr., RCI ID 1356369, DOB 11/26/1970, is herby fined the sum of One Hundred ($100.00) dollars for failure to appear for a scheduled hearing on Tuesday, August 9, 2016. Refer to D.T.R.C. Rules 2.5.1.4, 3.3, 3.3.1 and 3.4. Fine must be paid within 48 hours

Name: Mario R Rodriguez Ruling Date: 8/9/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-141 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failed to have his horse present for lasix resulting in a late scratch.
Name: JOSE ENRIQUE ORTIZ Ruling Date: 8/8/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-148 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: issued in error
Name: CHARLTON SHAYNE HUNT Ruling Date: 8/7/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16113 Ruling Type: Necessitating a Late Scratch
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Charlton Hunt is hereby assessed a civil penalty of One Hundred ($100) for failing to have Dash for the Brand tattooed necessitating a late scratch from the 2nd Race at Canterbury Park on August 5, 2016.

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-General authority 7883.0160 (Post to Finish) Subp. 1.-Horse must be tattooed 7897.0130 (Schedule of Fines) Subp. 6.-Timetable for paying fines (within 72 hours)

Name: MONSE MELENDEZ Ruling Date: 8/7/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-147 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Trainer Monse Melendez having been duly notified and waived his right to a hearing before the Board Of Stewards on August 7, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Dexamethasone (class 4) (penalty category C) found in test sample NM18614 taken from the second place finisherThe Maui Corona” following the first race, on June 19, 2016 at Ruidoso Downs in Ruidoso, NM. The original lab report indicated a finding of Dexamethasone at 148 pg/ml in the blood. The allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Monse Melendez. Monse Melendez is found to be in violation of: 15.2.6.9 A. UNIFORM CLASSIFICATION GUIDELINES: The following outline describes the types of substances placed in each category. This list shall be publicly posted in the offices of the official veterinarian and the racing secretary. (4) Class 4 - This category is comprised primarily of therapeutic medications routinely used in race horses. These may influence performance, but generally have a more limited ability to do so. 15.2.6.9 C. PENALTY RECOMMENDATIONS: (3) Category C penalties will be assessed for violations due to the presence of a drug carrying a category C penalty and overages for NSAID’s and furosemide (all concentrations are for measurements in serum or plasma). Recommended penalties for category C violations, overages for permitted NSAID’s and furosemide are as follows: Dexamethasone (5pg/ml in the plasma or serum )

      • First offense (Trainer) in a Class C category (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $1,000.

      • Second offense (Trainer) in a Class C category (365-day period) in any jurisdiction in the
following levels, the penalty is a minimum fine of $1,500 and 15 day suspension.

      • Third offense (Trainer) in a Class C category (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $2,500 and 30 day suspension.

      • Reference ARCI Controlled Therapeutic Medication Schedule – Version 2.2, Revised April, 2015. The level for Dexamethasone is 5 picograms per milliliter of plasma or serum.
15.2.6.9. MEDICATIONS AND PROHIBITED SUBSTANCES: The “uniform” classification guidelines for foreign substances and recommended penalties and model rule”, April 2015 version 9.00 and “arci controlled therapeutic medication schedule”, version 2.2 revised April, 2015 (furosemide has been modified in the “arci controlled therapeutic medication schedule, refer to Subsection E. of 15.2.6.9 NMAC for current rule) as issued by the association of racing commissioners international, are incorporated by reference. Upon a finding of a violation of any medication and prohibited substances rule which includes the possession of contraband as listed in 15.2.6.9. NMAC, the stewards shall consider the classification level of the violation as listed at the time of the violation by the uniform classification guidelines of foreign substances as promulgated by the association of racing commissioners international and impose penalties and disciplinary measures as determined by the New Mexico racing commission.

15.2.6.9. D. MEDICATION RESTRICTIONS:

(1) A finding by the commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. Prohibited substances include: drugs or medications for which no acceptable levels have been established; therapeutic medications in excess of established acceptable levels; substances present in the horse in excess of levels at which such substances could occur naturally; substances foreign to a horse at levels that cause interference with testing procedures. (2) Drugs or medications in horses are permissible, provided: the drug or medication is listed by the association of racing commissioner’s international's drug testing standards and practices program; the maximum permissible urine or blood concentration of the drug or medication does not exceed the published limit. (3) Except as otherwise provided by this part, a person may not administer or cause to be administered by any means to a horse a prohibited drug, medication, chemical or other substance, including any restricted medication pursuant to this part during the 24-hour period before post time for the race in which the horse is entered.

16.47.1.10. B. ABSOLUTE INSURER.

(1) 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 horses. 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 a commission-approved laboratory is prima facie evidence of a violation of this rule. The trainer is absolutely responsible regardless of the acts of third parties. (2) A trainer must prevent the administration of any drug or medication or other prohibited substance that may cause a violation of these rules. (3) A trainer whose horse has been claimed remains the absolute insurer for the race in which the horse is claimed. For this first Class 4C medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Monse Melendez a penalty as follows: 1.A ($1,000) one thousand dollar fine to paid on or before September 7, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension.

Name: MANUEL PEREZ Ruling Date: 8/7/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16111 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Manny Perez is hereby assessed a civil penalty of One Hundred Dollars ($100) for failing to follow normal scratch procedures necessitating the late scratch of Old Salt from the 10th Race on August 4, 2016, at Canterbury Park.

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-General authority 7883.0120 (Declarations and Scratches) Subp. 1.A.-Procedure for scratching horses 7897.0130 (Schedule of Fines) Subp. 6-Timetable for paying fines (within 72 hours of ruling date)

Name: Nathan Keith Sobey Ruling Date: 8/7/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-101 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 (r)
Name: Nathan Keith Sobey Ruling Date: 8/7/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-101-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-101 - Ruling Final Outcome
Name: Michael Riley Hennessy Ruling Date: 8/7/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-100 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 s (v) Repeat offense
Name: Michael Riley Hennessy Ruling Date: 8/7/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-100-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-100 - Ruling Final Outcome
Name: RONALD ALFRED CULLEN Ruling Date: 8/6/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-98 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA-Rule 460 Foot out of Stirrup
Name: RONALD ALFRED CULLEN Ruling Date: 8/6/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-98-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-CENT-98 - Ruling Final Outcome
Name: MARC DONALD DETAMPEL Ruling Date: 8/6/2016
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #16-0066 Ruling Type: Claiming Irregularities
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: After a formal hearing before the Board of Stewards you are hereby fined ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($1250.00) for violating the regulation that governs claiming, relating to the claim of GOING STRONG from the tenth race at Keeneland on April 15, 2016. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed by this ruling 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 1:015 Section 1, subsections (3) and (3)(a), (13)(a) 1.

By Order of the Stewards

Name: HECTOR N. CHAVEZ Ruling Date: 8/5/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-73 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: 8/5/2016 Suspension End: 8/20/2016
Ruling Text:
 
 
Licensee Hector N Chavez having failed to pay the fine assessed in Ruling#:  2016-SRP-10 issued on April 23, 2016 at Sunray Park race track is found to be in violation of Commission rules.
 
Mr. Chavez failed to pay his fine in the time prescribed in accordance with  
15.2.3.8 MNAC B. Stewards.
  (3) Disciplinary action
   (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered
 
For this rule violation, all licenses issued to him/her is/are suspended, and he/she will be ineligible to apply for a New Mexico Racing Commission license until the fine has been paid in full.”
Name: JACOB JOHNATHON FOX Ruling Date: 8/4/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-021 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Fox did fail to follow the orders of the paddock judge by being late to the post parade.
Name: Arnulfo Torres-Vargas Ruling Date: 8/4/2016
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 56-2016 DE Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: 56-2016

Groom Arnulfo Torres-Vargas, DOB 7/18/1983, RCI ID # 1808772, having appeared for a hearing on Wednesday, August 5, 2016, is hereby fined the sum of Two Hundred Fifty ($250.00) dollars for driving while intoxicacted on the horse path and running through the fence. Also he is ordered to reimburse Delaware Park in the amount of Three Hundred Fifty Four ($354.50) dollars and Fifty cents for expenses incurred as a result of the incident on th barn area on Tuesday, August 2, 2016. In addition to the fine Mr. Torres-Varga's driving privileges in the barn area are suspended and his D.T.R.C. license is conditional until the end of the 2016 meet. Refer to D.T.R.C. Rules 3.3, 3.4, 3.4.1.15,18.1 and 18.1.3. Fine must be paid within 48 hours.

Name: John Silva Ruling Date: 8/3/2016
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 55-2016 DE Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/28/2013 Suspension End:
Ruling Text: 55-2016

Unlicensed Jockey Agent John Silva, 1972881, DOB 7/31/1972, having appeared for a reinstatement hearing on August 2, 2016, concerning Stewards Ruling 17-2013 is hereby declared ineligible for licensing in the State of Delaware. During the period of his ineligibility, Mr. Silva is denied the privileges of all grounds under the jurisdicition of the Delaware Thoroughbred Racing Commission. Refer to D.T.R.C. Rules 2.5, 2.5.1.17.1,3.3, 3.4, 3.4.1.3,18.1.1 and 108.2.

Name: CODY LYMOIN REYNOLDS Ruling Date: 8/1/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-135 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Cody Reynolds having been duly notified and having failed appeared before the Board of Stewards on August 1, 2016, for failure have his entry, Top Bubette, in the paddock 20 minutes before post for the sixth race on July 15, 2016 at Ruidoso Downs

For this SECOND rule violation IN 365 DAYS, the Board of Stewards assessed Cody Reynolds a penalty in the amount of two hundred and fifty dollars ($250.00). The fine is to be paid on or before September 1, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

Licensee is found to be in violation of:

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

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

Name: JOSE ENRIQUE ORTIZ Ruling Date: 8/1/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-137 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/8/2016 Suspension End: 8/13/2016
Ruling Text: Jockey, Jose Enrique Ortiz, having been summoned and having appeared before the Board of Stewards on August 1, 2016, for careless riding which resulted in the disqualification of his mount “Coronas Boy” from first place and ordered unplaced in the first race, July 31, 2016, at Ruidoso Downs. (allowed his horse to drop in going into the far turn, causing #1 to be in tight quarters, clip heels, and unseat the rider).

For this violation, the Board of Stewards assessed Jose Enrique Ortiz a suspension of 3 race days (August 8, 2016, August 12, 2016 and August 13, 2016).

Jose Enrique Ortiz z is allowed to ride designated races.

This ruling is in accordance with:

Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 8/1/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-136 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 8/11/2016 Suspension End: 9/10/2016
Ruling Text:

Trainer Taurino Gutierrez having been duly notified, having failed to appear, and having his hearing held in absentia before the Board of Stewards on August 1, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the Class 3B drug “16-hydroxystanozolol” a metabolite of stanozolol detected in horse “Valorus”, who finished fourth place in the 5th race, on April 30, 2016 at Sunland Park Racetrack in Sunland Park, NM, Test Sample #: NM16180 and confirmed with a split sample sent to Industrial Laboratories on May 25, 2016. Melissa Soto, the owner of record for the horse “Valorus”, was duly notified and failed to appear for the hearing. Taurino Gutierrez is found to be in violation of: 15.2.6.9(H)ANDROGENIC-ANABOLIC STEROIDS(1) No AAS shall be permitted in test sample collected from racing horses except for residues of the major metabolite of nandrolone, and the naturally occurring substances boldenone and testosterone at concentrations less than the indicated thresholds.(3)Any other anabolic steroids are prohibited in racing horses. 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.6.9(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". 15.2.1 (P) (15) "Prohibited substance" is any chemical which, when administered to a horse can create a change in the normal physiological performance of the horse's racing ability, such as narcotics, anesthetics, depressants, anti-convulsants, tranquilizers, hallucinogenics and stimulants; when administered to a horse, may interfere with testing procedures and is not a therapeutic medication. 15.2.3.8(B)(3)(k) NMAC: Which states in pertinent part that “ Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.” 15.2.5.13(E)(4)(d)Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification.

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

For this first Class 3 Penalty B medication violation in a 365- day period issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed Taurino Gutierrez the following penalty

    1. A 30 day suspension of all NMRC licenses beginning August 11, 2016 through September 10, 2016, inclusive.
    2. A ($750) seven hundred and fifty dollar fine to paid on or before September 1, 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 “Valorus”” must pass a commission approved veterinary examination before being eligible to enter.
    4. Loss of purse from the 5th race, on April 30, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse Valorus””, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows.
                    1. Jess Prize Me
                    2. Imperial Eagle
                    3. Gamey Tee Cos
                    4. Willie Be Fired
                    5. Lord Fa
                    6. Mojo Perry
                    7. Stella Lou
UNPLACEDValorus” and “Eyema Blue Wagon (2016-RUI-68)” and “Groupie James (2016-RUI-67)”. During said time of applicable suspension, Taurino Gutierrez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) 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 Taurino Gutierrez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 8/12/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-136-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 8/11/2016 Suspension End: 9/10/2016
Ruling Text:
RE: 2016-RUI-136 - Appeal Submitted
Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 8/12/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-136-ASC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 8/11/2016 Suspension End: 9/10/2016
Ruling Text:
RE: 2016-RUI-136 - Appeal Submitted to Commission
Name: TYLER G SHEHAN Ruling Date: 8/1/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-020 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
The post race sample # 0083358 collected from the horse Gunny Sgt on 6/24/2016 at Bluegrass Downs was found to contain Phenylbutazone at a concentration of 4.8 ug/ml. As trainer Mr. Shehan is fined $250.00.
Name: RANDY D CRISLER Ruling Date: 8/1/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-019 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
In the 3rd race on 7/31/2016 at The Red Mile Mr. Crisler did fail to come up into position at the starting gate.
Name: DONALD ALLEN BROCK Ruling Date: 7/31/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-017 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Brock did allow himself to be programmed as trainer on a horse that was not in his care or training.
Name: JOEL MORALES VALERIANO Ruling Date: 7/31/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-133 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/31/2016 Suspension End: 7/31/2016
Ruling Text: Trainer JOEL MORALES VALERIANO,JR, having failed to pay the fines assessed in Ruling 2016-RUI-45.

JOEL MORALES VALERIANO,JR, is found to be in violation of:

15.2.1.9 (B)(7)(f) NMAC and 15.2.3.8 (B)(3)(1) NMAC: Which states in pertinent part “All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered”. 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.

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

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

Name: JOEL MORALES VALERIANO Ruling Date: 7/31/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-133-REST Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/31/2016 Suspension End: 7/31/2016
Ruling Text: RE: 2016-RUI-133 - Restored to Good Standing Fine paid
Name: TYLER G SHEHAN Ruling Date: 7/31/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-016 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr.  Shehan did cause a person other than himself to be progeammed as trainer on a horse that was under his care and training.
Name: TYLER G SHEHAN Ruling Date: 7/31/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-018 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
In the 12th race on 7/30/2016 at The Red Mile, Mr. Shehan did cross over before the start.
Name: KEVIN SCOTT MCQUINN Ruling Date: 7/31/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-015 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
In the 6th race on 7/24/2016 at The Red Mile Mr. Mc Quinn did cause a late driver change.
Name: DANIEL APODACA Ruling Date: 7/31/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-131 Ruling Type: Employment Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner Daniel Apodaca, having been duly notified and having appeared with translator Rick Kloeppel before the Board of Stewards on July 31, 2016, for saddling for trainer Ronald Stephens in a capacity for which he was not licensed for in the ninth race on July 8, 2016 at Ruidoso Downs.

Daniel Apodaca was found to be in violation of Commission rules. Thus, for this FIRST EMPLOYMENT VIOLATION IN A 365 DAY PERIOD WORKING AS AN ASSISTANT TRAINER WITH A VALID LICENSE IN A CAPACITY IN WHICH THEY WERE NOT LICENSED FOR, the Board of Stewards assessed Daniel Apodaca a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before a August 31, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay this fine within the time prescribed may result in immediate suspension.

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

16.47.1.8 L (1)(C) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: who is unqualified, by experience or otherwise, to perform the activities for which a license is required, or who fails to pass an examination prescribed by the commission. 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.

Name: S BENARD DEMARS Ruling Date: 7/31/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-014 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Demars failed to follow the instructions of the padock judge.
Name: TOM ROSS MCKENNA Ruling Date: 7/31/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-94 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Thomas McKenna, having appeared, by telephone, before the Board of Stewards on July 30, 2015 is found to be in violation of Commission rules.

Narrative: Thomas McKenna used abusive profane language toward a racing official For this rule violation, the Board of Stewards assessed the following penalty, a fine in the amount of five hundred dollars, ($500.00). The fine is to be paid by August 31, 2015, in accordance with 15.2.3.8 NMAC. B. Stewards. (3) Disciplinary action. (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered. Failure to pay the fine within the time prescribed may result in immediate suspension. This ruling is in accordance with: NMAC: 16.47.1.8 GENERAL PROVISIONS L. GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF LICENSE::

(h) is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule; 15.2.3.8 FLAT RACING OFFICIALS GENERAL PROVISIONS B. Stewards. (1) General authority. The stewards for each meeting shall be responsible to the commission for the conduct of the race meeting in accordance with the laws of this state and these rules. (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties.

Name: Marcus Jon Vitali Ruling Date: 7/30/2016
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #16-0063 Ruling Type: Claiming Irregularities
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: After waiving your right to a hearing before the Board of Stewards you are hereby fined ONE THOUSAND DOLLARS ($1000.00) for violating the regulation that governs claiming. GARDEN GODDESS was claimed from the eleventh race at Churchill Downs on June 26, 2016 and the ownership was transferred prior to the expiration of 30 days. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed by this ruling 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 1:015 Section 1, subsection (6)(a)

By Order of the Stewards

Name: VICTOR RODRIGUEZ-FLORES Ruling Date: 7/30/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-126 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Victor Rodriguez-Flores, having been duly notified and having appeared with council Blair Dunn before the Board of Stewards on July 29, 2016, for entering ineligible horse (horse on Steward's list) Burns Folly in the 5th race on July 10, 2016 at Ruidoso Downs.

For this violation, the Board of Stewards assessed Victor Rodriguez-Flores a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before August 30, 2016 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension Victor Rodriguez-Flores is found to be in violation of.

16.47.1.10 (C) (18) Trainers are responsible for horses entered as to eligibility and weight or other allowances claimed; 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. 16.47.1.10 (C) (18) Trainers are responsible for horses entered as to eligibility and weight or other allowances claimed; 15.2.5.8 I. PREFERRED LIST: The racing secretary shall maintain a list of each horse’s registration date, entry date, and racing date. Preference will be given to the best date. A registration date can only be established when the foal certificate is on file with a racing secretary. An entry date is any time a horse passes the entry box, whether or not the race is in the condition book, or an extra, is used or eliminated. Entry dates have preference over race or registration dates of the same date. Any horse, which is scratched, will lose its date and must re-establish a date. All horses placed on the steward's, veterinarian's, starter's or identifier's list will be posted on the bulletin board, they will not lose their date, but they must meet the necessary requirements to be removed from a list

Name: ALBERT SERRANO FRANCO Ruling Date: 7/30/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-125 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Trainer Albert Franco having been duly notified, having failed to appear, and had his hearing held in absentia before the before the Board of Stewards on July 29, 2016, for failure to declare equipment (Flipping Halter Off) at time of entry for King of Thrones, entered in the fifth race, on July 16, 2016, at Ruidoso Downs.

For this second rule violation, the Board of Stewards assessed Albert Franco a penalty in the amount off one hundred dollars ($ 100.00). The fine is to paid on or before August 30, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. Licensee is found to be in violation of:

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

Name: JESUS SALCIDO Ruling Date: 7/29/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-120 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End: 7/30/2016
Ruling Text: Owner Jesus Jose Salcido, having failed to pay the fines assessed in Ruling 2016-SUN-73.

Jesus Jose Salcido, is found to be in violation of:

15.2.1.9 (B)(7)(f) NMAC and 15.2.3.8 (B)(3)(1) NMAC: Which states in pertinent part “All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered”. 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.

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

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

Name: NICOLE TRUJILLO Ruling Date: 7/29/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-123 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/29/2016 Suspension End:
Ruling Text: Owner Nicole Trujillo, having failed to pay the fines assessed in Ruling 2016-SUN-15 and 2016-SUN-195.

Nicole Trujillo, is found to be in violation of:

15.2.1.9 (B)(7)(f) NMAC and 15.2.3.8 (B)(3)(1) NMAC: Which states in pertinent part “All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered”. 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.

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

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

Name: Silvestre Gonzalez Ruling Date: 7/26/2016
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 51-2016 DE Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/26/2016 Suspension End: 8/10/2016
Ruling Text: 51-2016

Apprentice Jockey Silvestre Gonzalez, RCI ID 2090037, DOB 12/31/1991, is suspended indefinitely for testing positive for a dangerous controlled substance (Marijuana) on July 25, 2016. It is further ordered that to receive consideration for reinstatement, Mr. Gonzalez shall be required to successfully complete such a rehabilitation program as required by the Stewards. During the period of his suspension, he shall be denied the privileges of all grounds under the jurisdiction of the Delaware Thoroughbred Racing Commission. Refer to D.T.R.C. Rules 2.5, 2.5.1.17.1, 21.0, 21.1 and 3.4

Name: Silvestre Gonzalez Ruling Date: 8/10/2016
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 51-2016 DE-REST Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/26/2016 Suspension End: 8/10/2016
Ruling Text: RE: 51-2016 DE - Restored to Good Standing

57-2016

Apprentice Jockey Silvestre Gonzalez, RCI ID 2090037, DOB 12/31/1991, after being suspended on July 26, 2016, for testing positive for a dangerous controlled substance (Marijuana), Mr. Gonzlalez is hereby reinstated with a conditional license, wth the understanding that he will coply with the following: 1. Complete all treatment that is recommended by his counselor 2. Submit to random drug screens.

Refer to D.T.R.C. Rules 21.1., 3.3, 3.4,18.1, 21.8 and 21.8.3.

Name: LUIS A ALVAREZ Ruling Date: 7/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-58 Ruling Type: General/Miscellaneous Rulings
Breed: Mixed Division: Mixed
Fine Amount: $ 25 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Licensee Luis Angel Alvarez having appeared before the Board of Stewards on July 24, 2016 is found to be in violation of Commission rules.
 
Mr. Alvarez having been issued a security violation for parking waved his right to a hearing.
 
For this rule violation, the Board of Stewards assessed licensee the following penalty, a fine in the amount of Twenty Five dollars, ($25.00).  The fine is to be paid by August 23, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
 
 
This ruling is in accordance:
Name: ARTURO GUTIERREZ CHAVEZ Ruling Date: 7/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-52 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer  Arturo Chavez, having telephonically appeared, before the Board of Stewards on this date for failure to provide equipment as entered: (Blinkers) , on the horse "Kicken Like Crazy" that ran in the 10th race, July 23, 2016 at The Downs at Albuquerque.
 
Arturo Chavez is found to be in violation of:
 
15.2.5.8(B)(10) NMAC: Which states in pertinent part “Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the Stewards.
 
15.2.5.13(A)(7) NMAC: Which states in pertinent part “No licensee may change any equipment on a horse in its last race without approval of the Paddock Judge or Stewards”.
 
16.47.1.10 (B)(17) NMAC: Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing, horses entered as to eligibility, and weight or other allowances claimed”.
 
For this 1st violation at this meeting, the Board of Stewards assessed  Arturo Chavez a penalty of a fine in the amount of fifty dollars ($50.00). The fine is to be paid on or before August 24, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
  
 Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
 
Name: ALEJANDRO HERRERA MEDELLIN Ruling Date: 7/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-57 Ruling Type: Improper or Inhumane Treatment of Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Alejandro Medellin, having appeared with his attorney Gene Chavez before the Board of Stewards on July 23, 2016, for misuse of the whip (hit his mount excessively in the Flank with the whip drawing blood) while aboard “Monkey Lion” in the 6th race, on June 17, 2016 at SunRay Park. Alejandro Medellin is found to be in violation of Commission rules.  
 
15.2.5.13 (E)(6)(e) NMAC: Indiscriminate use of the whip is prohibited including whipping a horse: on the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; during the post parade or after the finish of the race except when necessary to control the horse; excessively or brutally causing welts or breaks in the skin; when the horse is clearly out of the race or has obtained its maximum placing; persistently even though the horse is showing no response under the riding crop; or striking another rider or horse.
 
Alejandro Medellin waived his right to appeal, in order to start his suspension earlier.
 
THIS IS HIS FIRST WHIPPING VIOLATION AT THIS MEET. The Board of Stewards assessed a penalty in the amount of One Thousand dollars ($1000.00) and a suspension from riding with a whip (NO WHIP) for 30 consecutive days from July 31, 2016 through August 29, 2016 inclusive. The fine is to be paid on or before August 24,2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.   
 
Failure to pay the fine within the time prescribed may result in immediate suspension.  
Name: DANIEL H DENNISON Ruling Date: 7/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-50 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
 
Licensee Daniel H. Dennison having appeared before the Board of Stewards on July 23, 2016, for necessitating the late scratch of the horse Text Me At the Turn from the 5th race on July 22,2016 without the approval of the Board of Stewards. Licensee is found to be in violation of Commission rules.
 
 
For this rule violation, the Board of Stewards assessed a penalty in the amount of two hundred dollars ($200.00).   The fine is to be paid on or before August 22, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of: NMAC
16.47.1.10   C. OTHER RESPONSIBILITY:  A trainer is responsible for
 (17) representing an owner in making entries and scratches and in all other matters pertaining to racing; horses entered as to eligibility and weight or other allowances claimed;
(18) horses entered as to eligibility and weight or other allowances claimed
 
15.2.5.9 B  
(2) The scratch of a horse after closing shall be made by the owner, trainer or their licensed designee, with permission from the stewards
(4) No horse may be scratched from an overnight race without approval of the stewards
Name: JESSE LEE LEVARIO Ruling Date: 7/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-113 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Jesse Lee Levario having been duly notified, failing to appear, and having his hearing held in absentia before the Board of Stewards on July 23, 2016, for having failed to be excused from, or to notify the Board of Stewards of his absence, and subsequent failure to honor his riding engagements in the sixth race on July 1, 2016 at Ruidoso Downs.

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

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

Name: EARL DEAN ARMSTRONG Ruling Date: 7/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-108 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Earl Armstrong, having been duly notified and waived his rights to a hearing before the Board of Stewards on July 22, 2016 for failure to have sufficient works for entry “Once Over” in the sixth race July 2, 2016 at Ruidoso Downs

Earl Armstrong is found to be in violation of:

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

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

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

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

Name: ERNEST FENNELL Ruling Date: 7/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-107 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/22/2016 Suspension End:
Ruling Text: Trainer Ernest Fennell, having failed to pay the fines assessed in Ruling 2016-SUN-201.

Ernest Fennell, is found to be in violation of:

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

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

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

Name: LARRY CLIFFORD CHAVEZ Ruling Date: 7/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-49 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Larry Chavez., having appeared by telephone before the Board of Stewards on July 22, 2016, for failure to appear on time, in the paddock with his horse, “Twyst N Shout”, which resulted in a delay of the post parrade 1st race July 17, 2016,  at the Downs at Albuquerque.
 
For this rule violation, the Board of Stewards assessed Trainer Larry Chavez, a penalty in the amount of $100.00.  The fine is to be paid on or before August 22, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
 
 
 16.47.1.10 (C) (22)  Presenting his/her horse in the paddock at least 20 minutes before post time or at a time otherwise appointed before the race in which the horse is entered;
Name: ROBERT ALBINO RIVERA Ruling Date: 7/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-41 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer  Robert A. Rivera, having telephonically appeared, before the Board of Stewards on this date for failure to provide equipment as entered: (Flipping Halter ON) , on the horse "Later Dude" that ran in the 10th race, July 17, 2016 at The Downs at Albuquerque.
 
Robert A. Rivera is found to be in violation of:
 
15.2.5.8(B)(10) NMAC: Which states in pertinent part “Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the Stewards.
 
15.2.5.13(A)(7) NMAC: Which states in pertinent part “No licensee may change any equipment on a horse in its last race without approval of the Paddock Judge or Stewards”.
 
16.47.1.10 (B)(17) NMAC: Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing, horses entered as to eligibility, and weight or other allowances claimed”.
 
For this 1st violation at this meeting, the Board of Stewards assessed  Robert A. Rivera a penalty of a fine in the amount of fifty dollars ($50.00). The fine is to be paid on or before August 20, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
  
 Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: ENRIQUE D GARCIA Ruling Date: 7/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-44 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
 
Licensee Enrique Garcia having appeared before the Board of Stewards on this date July 20,2016 for careless riding, while aboard El Gato Azul in the 2nd  race, July 17, 2016 at The Downs at Albuquerque, is found to be in violation of Commission rules.
Mr. Garcia while entering the 3/8 turn allowed his horse El Gato Azul to move over into the path  of the #3 horse Carver Waves causing the rider to check severely.
 
For this violation, the Board of Stewards assessed a penalty in the amount of Two Hundred Fifty dollars ($250.00). The fine is to be paid on or before DATE: August 19, 2016 in accordance with 15.2.3.8(B)(3)(1) NMAC.  Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
Name: DAVID WALTER KERN Ruling Date: 7/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-43 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer David Kern., having appeared by telephone before the Board of Stewards on July 20, 2016, for failure to appear in paddock with his horse, “Summer Surprise”, which resulted in a late scratch in the 7th race July 15, 2016,  at the Downs at Albuquerque.
 
For this rule violation, the Board of Stewards assessed Trainer David Kern, a penalty in the amount of $200.00.  The fine is to be paid on or before August 20, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
 
 
 16.47.1.10 (C) (22)  Presenting his/her horse in the paddock at least 20 minutes before post time or at a time otherwise appointed before the race in which the horse is entered;
Name: PORFIRIO CANO Ruling Date: 7/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-40 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
 
 
 
Licensee Porfirio Vega Cano having appeared before the Board of Stewards on this date July 20, 2016 for misuse of the whip (using an unapproved whip and raising welts on the hind quarters) while aboard Jess a Leap in the 3rd   race, on DATE: July 6, 2016 at The Downs at Albuquerque; licensee is found to be in violation of Commission rules.
 
For this rule violation, the Board of Stewards assessed a penalty in the amount of Two Hundred Fifty dollars ($250.00).  The fine is to be paid on or before DATE: August 19, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
 
15.2.5.13 RUNNING OF THE RACE:
 A. EQUIPMENT.
  (1) All riding crops are subject to inspection and approval by the stewards and the clerk of scales.  This rule will become effective December 10, 2010.
   (a) All riding crops shall have a shaft and a flap and will be allowed in flat racing including training.  No riding crop shall weigh more than eight ounces nor exceed 30 inches in length, including the flap.  No riding crop shall be used unless the shaft is a minimum of three-eighths inch in diameter; and the shaft contact area must be smooth, with no protrusions or raised surface and covered by shock absorbing material that gives a compression factor of at least one-millimeter throughout its circumference.
   (b) The flap is the only allowable attachment to the shaft and must meet the following specifications.  The length beyond the end of the shaft shall be a maximum of one inch with a mimimum width of .08 inch and a maximum of 1.6 inches.  There shall be no reinforcements or additions beyond the end of the shaft.  There shall be no binding within seven inches of the end of the shaft and the flap must include shock absorbing characteristics similar to those of the contact area of the shaft.
 
Name: CARLOS SUBIA CARRASCO Ruling Date: 7/18/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-106 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/18/2016 Suspension End:
Ruling Text: Owner, Carlos Carrasco, having been duly notified, failing to appear, and had hearing held in absentia before the Board of Stewards on July 18, 2016 at Ruidoso Downs, for failure to disclose criminal/arrest history on application dated May 20, 2016 and for being ineligible for licensure at time of application.

Carlos Carrasco is found to be in violation of:

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

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

Name: EDGAR VIDAL PAUCAR Ruling Date: 7/17/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-104 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to fulfill his riding engagements on Saturday, July 16, 2016
Name: FELIPE GARCIA LUNA Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-102 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End: 8/20/2016
Ruling Text: Jockey Felipe Garcia Luna, having been summoned and appeared before the Board of Stewards on July 16, 2016, for failure to make sufficient effort to control his mount “Roman Soldier Cd” which resulted in the disqualification of his mount from fifth place to seventh place in the 7th Race on July 10, 2016, at Ruidoso Downs, is found to be in violation of Commission rules. (Bore out into the path of 4, causing the 4 to check and alter course)

For this violation, the Board of Stewards assessed, Felipe Garcia Luna, a fine in the amount of two hundred dollars, ($200.00).

The fine is to be paid on or before August 16, 2016 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is in accordance with:

Name: FELIPE GARCIA LUNA Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-102-REST Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End: 8/20/2016
Ruling Text: RE: 2016-RUI-102 - Restored to Good Standing fine paid
Name: JOSE FRANCISCO RAMIREZ Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-36 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer Jose F. Ramirez Sr., having appeared by telephone before the Board of Stewards on July 15, 2016, for failure to appear in paddock with his horse, Gata Moolh Jr, which resulted in a late scratch in the 2nd race July 15, 2016,  at the Downs at Albuquerque.
 
For this rule violation, the Board of Stewards assessed Trainer,  Jose F. Ramirez Sr, a penalty in the amount of $250.00.  The fine is to be paid on or before August 16, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
 
 
 16.47.1.10 (C) (22)  Presenting his/her horse in the paddock at least 20 minutes before post time or at a time otherwise appointed before the race in which the horse is entered;
 
Name: Danny Presiliano Morales Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-37 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Danny Morales., having appeared by telephone before the Board of Stewards on July 15, 2016, for failure to appear in paddock with his horse, Back Alley Rally, which resulted in a late scratch in the 8th race July 15, 2016,  at the Downs at Albuquerque.
 
For this rule violation, the Board of Stewards assessed Trainer,  Danny Morales, a penalty in the amount of $250.00.  The fine is to be paid on or before August 16, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
 
 
 16.47.1.10 (C) (22)  Presenting his/her horse in the paddock at least 20 minutes before post time or at a time otherwise appointed before the race in which the horse is entered;
 
Name: ARNULFO ASCENCIO Ruling Date: 7/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-95 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End: 8/19/2016
Ruling Text: Trainer Arnulfo Ascencio Jr having been duly notified, failing to appear, and had his hearing held in absentia before the Board of Stewards on July15, 2016, for missing Lasix and for entry, Wicked Spencer, which resulted in a late scratch and mutuel refund in the fourth race on June 19, 2016 at Ruidoso Downs.

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

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

Name: ARNULFO ASCENCIO Ruling Date: 8/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-95-REST Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End: 8/19/2016
Ruling Text: RE: 2016-RUI-95 - Restored to Good Standing
Name: ARNULFO ASCENCIO Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-86 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End: 8/19/2016
Ruling Text: Trainer Arnulfo Ascenoio having been duly notified and appeared before the Board of Stewards on July 9, 2016, for failing to have health certificate and coggins on file for entry Red Dirt Rookie, which resulted in a late scratch in the fourth race on June 25, 2016 at Ruidoso Downs.

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

Name: ARNULFO ASCENCIO Ruling Date: 8/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-86-REST Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End: 8/19/2016
Ruling Text: RE: 2016-RUI-86 - Restored to Good Standing FINE PD
Name: JIMMY RAY COATES Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-30 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
 
Licensee Jimmy R Coates having failed to appear when summoned by the Board of Stewards for race/film review regarding the 1st race on July 8, 2016 at The Downs at Albuqueque racetrack is found in violation of Commission rules.
 
For this rule violation, the Board of Stewards assessed a penalty of Fifty dollars ($50.00).  The fine is to be paid on or before August 15, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
15.2.1.9  DUE PROCESS AND DISCIPLINARY ACTION:
 B. PROCEEDINGS BEFORE THE STEWARDS:
               (4) Notice
   (d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards.  The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection.
              
Name: JOSE FRANCISCO RAMIREZ Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-34 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer  Jose F. Ramirez Sr, having telephonically appeared, before the Board of Stewards on this date for failure to provide equipment as entered: (Flipping Halter) , on the horse "Unbridled Joy" that ran in the 2nd race, July 13, 2016 at The Downs at Albuquerque.
 
Jose F. Ramirez Sr is found to be in violation of:
 
15.2.5.8(B)(10) NMAC: Which states in pertinent part “Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the Stewards.
 
15.2.5.13(A)(7) NMAC: Which states in pertinent part “No licensee may change any equipment on a horse in its last race without approval of the Paddock Judge or Stewards”.
 
16.47.1.10 (B)(17) NMAC: Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing, horses entered as to eligibility, and weight or other allowances claimed”.
 
For this 1st violation at this meeting, the Board of Stewards assessed  Jose F. Ramirez Sr. a penalty of a fine in the amount of fifty dollars ($50.00). The fine is to be paid on or before August 15, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
  
 Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
 
Name: Dayson LaVanway Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-31 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Dayson LaVanway , having been duly notified, appeared before the Board of Stewards this day, for misconduct toward an official on July 13, 2016, at the Downs at Albuquerque.
 
Dayson is found to be in violation of:
 
16.47.1.8 (L)(h) NMAC 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;
 
For this rule violation the Board of Stewards assessed Dayson LaVanway a fine in the amount of five hundred dollars ($500.00).  The fine is to be paid on or before August 15, 2016,  in accordance with 15.2.3.8 (B)(3)(l)
Failure to pay the fine within the time prescribed may result in immediate suspension.
Name: VICTOR RODRIGUEZ-FLORES Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-81 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Victor H. Rodriguez Flores having been duly notified, failing to appear, and had his hearing held in absentia before the Board of Stewards on July 8, 2016, for failing to have registration papers on file for entry Officer Moonflash, which resulted in a late scratch and mutuel refund of the third race on June 17, 2016 at Ruidoso Downs.

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

Name: JOSE ENRIQUE ORTIZ Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-87 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Jose Enrique Ortiz having been duly notified, failed to appear and had hearing held in absentia before the Board of Stewards on July 10, 2016, for having failed to be excused from, or to notify the Board of Stewards of his absence, and subsequent failure to honor his riding engagements in the 5th race on June 24, 2016 at Ruidoso Downs.

Jose Enrique Ortiz is found to be in violation of:

For this rule violation, the Board of Stewards assessed Jose Enrique Ortiz a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before August 10, 2016, in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

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. 15.2.5.13(C)(1) NMAC: Which states in pertinent part that “Jockeys shall report to the Jockey’s quarters at the time designated by the association. Jockeys shall report their engagements and any overweight to the clerk of scales. Jockeys shall not leave the Jockeys’ quarters, except to ride in scheduled races, until all of their riding engagements of the day have been fulfilled except as approved by the Stewards.”5.2.5.13(C)(3) NMAC: Which states in pertinent part that “Except as otherwise provided by this subsection, a jockey engaged for a certain race or for a specified time may not fail or refuse to abide by the engagement agreement, unless excused by the Stewards.”

Name: JAIME PARGA-LEOS Ruling Date: 7/10/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-26 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
 
 
Licensee Jaime Parga-Leos having been duly notified appeared telephonically before the Board of Stewards on July 9, 2016, for failure to honor his/her riding engagement on June 26, 2016.
 
Narrative:  Mr. Parga-Loes accepted mounts for June 26, 2016 and failed to appear and/or notify the stewards that he would not be present to ride, which resulted in a late change of riders.
 
For this rule violation, the Board of Stewards assessed licensee a penalty in the amount of Two Hundred dollars $200.00.  The fine is to be paid on or before August 9, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.  Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
 
Name: RIGO J. JUAREZ Ruling Date: 7/9/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-78 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 7/9/2016 Suspension End: 7/29/2016
Ruling Text: Trainer Rigo J Juarez having been duly notified, waived his rights to appeal, and appeared with witness Mathew Mashburn before the Board of Stewards on July 9, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive during out of competition testing taken at Ruidoso Downs on May 10, 2016, for the Class 3B drug “stanozolol” detected in sample # NC26229 taken from horse “Zenobia” and confirmed with a split sample sent to Industrial Laboratories on June 10, 2016. Owner Fostel Enterprises (John Fostel) was duly notified and failed to appear for the hearing. He is the owner of record for horse “Zenobia” which was the subject of the “stanozolol” positive for out of competition testing . Rigo J Juarez is found to be in violation of: 15.2.6.9(H)ANDROGENIC-ANABOLIC STEROIDS(1) No AAS shall be permitted in test sample collected from racing horses except for residues of the major metabolite of nandrolone, and the naturally occurring substances boldenone and testosterone at concentrations less than the indicated thresholds.(3)Any other anabolic steroids are prohibited in racing horses.15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.6.9 MEDICATIONS AND PROHIBITED SUBSTANCES (K) OUT OF COMPETITION TESTING: (1) A horse may be subject to out of competition testing without advance notice if the horse is: (a) on the grounds of a racetrack or training center under the jurisdiction of the commission (b) under the care or control of a trainer or owner licensed by the commission; or (c) any horse whose papers are filed in the racing office; or (d) has been nominated to a stakes race.(2) This rule applies to prohibited substances, practices and procedures are as follows (a) class 1, class II and class III drugs as listed with the New Mexico racing commission;(b) blood doping agents including, but not limited to, erythropoietin (EP), darbepoetin, oxylglobin, hempure, aranasep or any substance that abnormally enhances the oxygenation of body tissues; and (c) gene doping agents or the non-therapeutic use of genes, genetic elements, or cells that have the capacity to enhance athletic performance or produce analgesia. (4) Horses to be tested may be selected at random, with probable cause or as determined by the commission or an agent of the commission (5) The commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, may at any time take a urine, blood or hair sample from a horse for this purpose (6) Split samples shall be collected in accordance with Subsection B of 15.2.6.10 NMAC and shall be secured and made available for further testing in accordance with Subsection D of 15.2.6.10 NMAC.(7) All horses selected for testing must be presented to the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, at the time designated, unless the trainer or owner provides verification of an extenuating circumstance that makes it impossible (8) Any licensee who does not comply with the rule or the commission veterinarian for a sample may be subject to disciplinary action.(9) Cooperation with the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, includes: (a) assisting in the immediate location and identification of the horse selected for out of competition testing; and (b) assisting the veterinarian in properly procuring the samples (10) Out of competition samples will be sent to the official laboratory of the commission, or another laboratory as designated by the commission, with reports made in accordance with the provisions of the medication rules and the penalty provisions therefore L. OUT OF COMPETITION PENALTY RECOMMENDATIONS: (1) The penalty for any horse not presented for testing upon notification is a maximum suspension of 120 days. (2)The penalty for the trainer of a horse not presented for testing upon notification is a maximum suspension of 180 days.(3) The penalty for any horse with a positive test is a maximum suspension of 120 days and the horse’s papers will be removed from the racing office. (4) The penalty for the trainer of a horse with a positive test is a maximum $1,500 fine and a maximum suspension of 180 days. Mitigating circumstances : Witness Mathew Mashburn, farm manager and trainer at time of medication administration, testified that the horse "Zenobia" became ill while under his care and custody and he transported the horse to Bill's Veterinary Care who provided documentation stating that the horse “Zenobia” was given Stanzolol on March 18, 2016. Mathew Mashburn admitted that he failed to notify Rigo J Jaurez of the administration of the medication. For this first out of competition testing Class 3 Penalty B medication violation in a 365- day period issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards, considering mitigating circumstances, assessed Rigo J Juarez the following penalty 1. A 20 day suspension of all NMRC licenses effective immediately July 9, 2016 through July 29, 2016, inclusive. 2. ($500) five hundred dollar fine to be paid on or before August 9, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension. 3. The horse “Zenobia” is hereby placed in the Stewards list for a period of 20 days (July 9, 2016 through July 29, 2016 inclusive), during this period the papers must be removed from the racing office and horse is denied entry until it has passed a commission approved veterinary examination. During said time of applicable suspension, Rigo J Juarez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Rigo J Juarez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
Name: RIGO J. JUAREZ Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-78-REST Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 7/9/2016 Suspension End: 7/29/2016
Ruling Text: RE: 2016-RUI-78 - Restored to Good Standing PD FINE
Name: Ronald Lynn Stephens Ruling Date: 7/9/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-25 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer Ronald L. Stephens, having appeared telephonically before the Board of Stewards on this date, for failure to be excused from, or to be in attendance to saddle his horse, “Genuine High” prior to the 3rd race, July 6, 2016, at the Downs at Albuquerque.
 
Ronald L. Stephens is found to be in violation of;
 
16.47.1.10 (C)(23) NMAC: Which states in pertinent part “The Trainer is responsible for personally attending his/her horse in the paddock, and supervising the saddling thereof, unless excused by the Stewards”.
 
For this rule violation, the Board of Stewards assess Ronald L. Stephens a penalty in the amount of $200.00.  
 
The fine is to be paid on or before August 9, 2016, in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
An appeal under this section must be filed not later than 10 days after the date of the ruling.  If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.  The appeal must be received by noon, at the main Commission offices or with the Stewards who issued the ruling
Name: 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: N
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: MICHAEL JOHNSON Ruling Date: 7/6/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16091 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Sample #E202071 collected on 6/7/16 from the horse WHITEFOOTEDREED was found to contain Levamisole and Pemoline. Mr. Johnson as trainer is in violation of IHRC medication rules and the trainer responsibility rule. There were mitigating circumstances involving the positive test results for Levamisole and Pemoline. The horse was treated by a licensed veterinarian with a medication that failed to list Levamisole and Pemoline as ingredients. All purse money ($621.00) earned on 6/7/16 must be returned and redistributed. WHITEFOOTEDREED finished third disqualified placed tenth.

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

Name: RICHARD PAUL SILLAMAN Ruling Date: 7/4/2016
Jurisdiction: Maryland Racing Commission Facility: Pimlico
Ruling Number: 2016-PIM-114 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
DATE:     July 4, 2016          TRACK:   Laurel Race Course
 
 
STEWARDS: Adam Campola
                         Ross R Pearce
                         Russell G Derderian
 
 
RULINGS:
 
#16-114      In the matter of trainer Richard Sillaman, 2300 Putnam Lane, Crofton, MD 21114 having
                   been assessed one (1) point by the Maryland Racing Commission Stewards Ruling # 16-031 for
                   a positive post- race test on January 29, 2016 and receiving two (2) additional points for a   
                   positive post- race test on June 9, 2016 by the Maryland Racing Commission Stewards Ruling #16-
                   113, Mr. Sillaman has now accumulated three (3) total points, which under “The Multiple Medication  
                   Violation Regulation” COMAR 09.10.03.02 C (6) demands a thirty (30) days of suspension.
 
                   This suspension will commence on July 6, 2016 and run through August 4, 2016.
  
 BY ORDER OF THE STEWARDS
 
Name: JOSE ALFREDO GONZALEZ Ruling Date: 7/3/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-15 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Licensee having appeared before the Board of Stewards on this July 3, 2016 for failure to declare equipment “Blinkers on” at time of entry on the horse Autumn’s Girl, entered in the 9TH race, on June 26 2016, at The Downs at Albuquerque. Licensee is found to be in violation of Commission rules.

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

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

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

Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 7/3/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-16 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End: 8/20/2016
Ruling Text:
Trainer Jaime Aldavaz Sr having been duly notified, and having appeared telephonically before the Board of Stewards on July 2, 2016 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed overage of allowable limits for the Class IV drugs “Phenylbutazone” and “Flunixin” which was found in sample NM19520, after it was collected from the horse, “Zuellas Heat” which finished first in the 7th race, May 15, 2016, at SunRay Park;
 
(The original lab report indicated a finding of Phenylbutazone at 1.88 mcg/ml and Flunixin at 23.0 ng/ml in blood. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and confirmed by TVMDL at 1.39 +/- 0.09 mcg/ml and 19.88 +/- ng/ml respectively .
 
 Jaime Aldavaz Sr is found to be in violation of:
 
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that “A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse’s body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels”.
 
 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC:  Which states in pertinent part that “The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse.  A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule.  The Trainer is absolutely responsible regardless of the acts of third party.”
 
For this violation, the Board of Stewards assessed Jaime Aldavaz a penalty as follows;
 
   A fine in the amount of one thousand dollars ($1,000);
    NO CHANGE IN ORDER OF FINISH
 
This is a 4th positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3)(c) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
                     BY ORDER OF THE DOWNS AT ALBUQUERQUE BOARD OF STEWARDS
 
      ______________________             _______________________                    _______________________
 Filing Deadline: 15.2.1.9(B)(9)(b) NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 8/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-16-REST Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End: 8/20/2016
Ruling Text: RE: 2016-DAA-16 - Restored to Good Standing PD FINE
Name: RONALD J HISBY Ruling Date: 7/3/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-85 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to fulfill his riding engagements on 7/6/2016
Name: ALEJANDRO HERRERA MEDELLIN Ruling Date: 7/2/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-11 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Licensee Alejandro Medellin having appeared before the Board of Stewards on July 1, 2016 for careless riding, while aboard Valiant Meltdown in the 3rd race, June 25, 2016 at The Downs at Albuquerque is found to be in violation of Commission rules.
 
For this violation, the Board of Stewards assessed a penalty in the amount of Two Hundred dollars ($200.00). The fine is to be paid on or before August 2, 2016 in accordance with 15.2.3.8(B)(3)(1) NMAC.  Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
 
Name: ALBERT SERRANO FRANCO Ruling Date: 7/1/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-68 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Albert Franco having been duly notified, represented by council Frita Howard McSwane and appeared before the Board Of Stewards on July 1, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the Class 3B drug “clenbuterol” detected in horse “Eyema Blue Wagon”, who finished first place in the 5th race, on April 15, 2016 at Sunland Park Racetrack in Sunland Park, NM, Test Sample #: NM18942 The original lab report indicated a finding of clenbuterol at 168 pg/ml in the urine and confirmed in the split sample by Industrial Laborties at 170±16 pg/ml in the urine. Owner Roy Sanchez was duly notified and failed to appear for the hearing . He is the owner of record for horse “Eyema Blue Wagon” which was the subject of the clenbuterol positive. Albert Franco is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.6.9(D) O. SUSPENSION OF AUTHORIZED MEDICATION: (1) After a public meeting that has been noticed in accordance with the Open Meetings Act, Sections 10-15-1 through 10-15-4 NMSA, 1978, the commission may, for any cause, temporarily suspend the authorized administration to a horse entered to race of any drug, substance or medication that is otherwise permitted under the commission rules (2) The temporary suspension of the authorized administration of a drug, substance or medication may be for a race, breed, or race meeting, provided all horses in the same race compete under the same conditions (3) The commission shall notify in writing the racing association, the trainer’s organization, and licensed veterinarians of any temporary suspension of authorization to administer a drug, substance or medication to a horse entered to race. The written notification shall at minimum:(a) state the authorized medication whose use is temporarily suspended,(b) the period of time for which the use of the authorized medication is temporarily suspended, and (c) whether the temporary suspension is for a specific breed or a race meeting (4) A suspension of authorization to administer a drug, substance or medication to a horse entered to race shall not exceed 12 months.15.2.1 (P) (15) "Prohibited substance" is any chemical which, when administered to a horse can create a change in the normal physiological performance of the horse's racing ability, such as narcotics, anesthetics, depressants, anti-convulsants, tranquilizers, hallucinogenics and stimulants; when administered to a horse, may interfere with testing procedures and is not a therapeutic medication. 15.2.3.8(B)(3)(k) NMAC: Which states in pertinent part that “ Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.”15.2.5.13(E)(4)(d)Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification. For this first Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Albert Franco a penalty as follows: 1. A 15 day suspension of all NMRC licenses beginning July 11, 2016 through July 26, 2016, inclusive. 2.A ($500) five hundred fine to paid on or before July 31, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension. 3.The horse “Eyema Blue Wagon” must pass a commission approved veterinary examination before being eligible to enter. 4.Loss of purse from in the 5th race, on April 15, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse Eyema Blue Wagon”, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows.1) Stella Lou 2) Shezaliknthemselfies 3) Here Comes Callan 4) Famous JB 5) Strauss 6) Just A Little Wagon 7) Incindiary UNPLACED Eyema Blue Wagon”, 6. Loss of purse from the 5th race, on April 30, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse Eyema Blue Wagon”, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows. 1) Jess Prize Me 2) Valorus 3) Imperial Eagle 4) Gamey Tee Cos 5) Willie Be Fired 6) Lord Fa 7) Mojo Perry 8) Stella Lou UNPLACED “Eyema Blue Wagon” and“Groupie James (2016-RUI-67)”. 15.2.6.9(B)(8) When the penalty assessed against a licensee for a medication or drug violation in a trial race results in a disqualification or loss of purse, or both, the licensee is subject to the same penalties for any race for which the trial race was conducted. During said time of applicable suspension Albert Franco is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Albert Franco are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: ALBERT SERRANO FRANCO Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-68-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
RE: 2016-RUI-68 - Appeal Stay Granted Pending the Appeal Process - Please see Documents
Name: BRENT REED ANGELLE Ruling Date: 6/28/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-82 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to have his horse present in the paddock at the appointed time.
Name: EDGAR F SOLIS Ruling Date: 6/25/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-39 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Edgar Solis having been duly notified and having failed to appear, had his hearing held in absentia before the Board of Stewards on June 18, 2016 for working for trainer Taurino Gutierrez as a groom on May 27, 2016, at Ruidoso Downs (without being properly licensed in that capacity). Furthermore Edgar Solis has no horses in his ownership on file in the racing office, which is a requirement to be licensed as an owner.

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

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

Name: RAUL HERRERA Ruling Date: 6/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-32 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/24/2016 Suspension End: 6/26/2016
Ruling Text: Jockey, Raul Herrera, having been summoned and having appeared before the Board of Stewards on June 13, 2016, for careless riding which resulted in the disqualification of his mount “Shenanigans Regard” from sixth place to ninth place in the seventh race, June 12, 2016, at Ruidoso Downs.

For this violation, the Board of Stewards assessed Raul Herrera a suspension of 3 race days (June 24, 2016, June 25, 2016 and June 26, 2016).

Raul Herrera is allowed to ride designated races.

This ruling is in accordance with:

Name: BOBBY A BROWER Ruling Date: 6/14/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16070 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Harness Division: Horse
Fine Amount: $ 750 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Sample #E201216 collected on 4/1/16 from the horse KEYSTONE WANDA was found to contain Levamisole, Pemoline, and Flunixin. Flunixin was found at a level above the allowable limit. Tested 24.4 ng/ml - limit 20 ng/ml. Mr. Brower as trainer is in violation of the IHRC medication rules and the trainer responsibility rule. There were mitigating circumstances involving the positive test results for Levamisole and Pemoline. The horse was treated by a licensed veterinarian with a medication that failed to list Levamisole and Pemoline as ingredients. All purse money ($4,250.00) earned on 4/1/16 must be returned and redistributed. KEYSTONE WANDA finished first disqualified placed tenth.

No. 6 TIMMYLNN finished second placed first No. 1 T C SCANDAL finished third placed second No. 2 PONDA WORLD finished fourth placed third No. 10 TOTAL LEE finished fifth placed fourth No. 9 SISTERS KEEPER finished sixth placed fifth No. 8 BS TYRICHESS finished seventh placed sixth No. 5 LOVETHEWAYYOULOOK finished eighth placed seventh No. 7 BLUES QUEEN finished ninth placed eighth No. 4 E R TAYLOR finished tenth placed ninth No. 3 KEYSTONE WANDA finished first placed tenth

Name: BOBBY A BROWER Ruling Date: 6/14/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16071 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Sample #E201258 collected on 4/7/16 from the horse THE DATE ROCKER was found to contain Levamisole, and Pemoline. Mr. Brower as trainer is in violation of the IHRC medication rules and the trainer responsibility rule. There were mitigating circumstances involving the positive test results for Levamisole and Pemoline. The horse was treated by a licensed veterinarian with a medication that failed to list Levamisole and Pemoline as ingredients. All purse money ($3730.00) earned on 4/7/16 must be returned and redistributed. THE DATE ROCKER finished first disqualified placed tenth.

No. 9 NEW IMAGE finished second placed first No. 1 TOPVILEE CAMARO finished third placed second No. 5 REAL REVENGE finished fourth placed third No. 7 MYSTICAL BEACH finished fifth placed fourth No. 4 SHARKNADO finished sixth placed fifth No. 3 RAPID RUFUS finished seventh placed sixth No. 8 BRIARSANDBRANCHES finished eighth placed seventh No. 2 LITTLE TIGER SCALE finished ninth placed eighth No. 10 MAX BET finished tenth placed ninth No. 6 THE DATE ROCKER finished first placed tenth

Name: ROBERT R BELLAMY Ruling Date: 6/14/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16072 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Sample #E201659 collected on 5/7/16 from the horse RED SCOOTER was found to contain Levamisole, and Pemoline. Mr. Bellamy as trainer is in violation of the IHRC medication rules and the trainer responsibility rule. There were mitigating circumstances involving the positive test results for Levamisole and Pemoline. The horse was treated by a licensed veterinarian with a medication that failed to list Levamisole and Pemoline as ingredients. All purse money ($4500.00) earned on 5/7/16 must be returned and redistributed. RED SCOOTER finished first disqualified placed eighth.

No. 3 KEYSTONE REAL DEAL finished second placed first No. 2 CENALTA POWER finished third placed second No. 6 STARVEN DARVEN finished fourth placed third No. 4 FRASS BLEUGRASS finished fifth placed fourth No. 5 PRINCESS'S DIAMOND finished sixth placed fifth No. 1A KING LEONIDAS finished seventh placed sixth No. 7 BOYS ROUND HERE finished eighth placed seventh No. 1 RED SCOOTER finished first placed eighth

Name: TERRY FRANCIS CULLIPHER Ruling Date: 6/14/2016
Jurisdiction: Indiana Racing Commission Facility: Hoosier Park
Ruling Number: 16073 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Sample #E201788 collected on 5/18/16 from the horse ENOCH was found to contain Levamisole, and Pemoline. Mr. Cullipher as trainer is in violation of the IHRC medication rules and the trainer responsibility rule. There were mitigating circumstances involving the positive test results for Levamisole and Pemoline. The horse was treated by a licensed veterinarian with a medication that failed to list Levamisole and Pemoline as ingredients. All purse money ($3450.00) earned on 5/18/16 must be returned and redistributed. ENOCH finished first disqualified placed tenth.

No. 6 TOTAL DOMINATOR finished second placed first No. 2 URLACKER finished third placed second No. 8 PARTY JAMMER finished fourth placed third No. 3 SAUSAGE N PEPPERS finished fifth placed fourth No. 10 REAL REVENGE finished sixth placed fifth No. 9 REAL MINDALE finished seventh placed sixth No. 5 KINCAID finished eighth placed seventh No. 1 ROCKEM AGAIN finished ninth placed eighth No. 4 DALI SPECIAL finished tenth placed ninth No. 7 ENOCH finished first placed tenth

Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 6/3/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-62 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Jaime Aldavaz Sr having been duly notified, and having appeared before the Board of Stewards on June 3, 2016 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed overage of allowable limits for the Class IV drugs “Phenylbutazone” and “Flunixin” which was found in sample NM19414, after it was collected from the horse, “A Fancy La Jolla” which finished first in the 1st race, May 7, 2016, at SunRay Park;
 
(The original lab report indicated a finding of Phenylbutazone at 0.82 mcg/ml and Flunixin at 14.7 ng/ml in urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and denied.
 
 Jaime Aldavaz Sr is found to be in violation of:
 
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that “A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse’s body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels”.
 
 
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC:  Which states in pertinent part that “The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse.  A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule.  The Trainer is absolutely responsible regardless of the acts of third party.”
 
For this violation, the Board of Stewards assessed Jaime Aldavaz Sr. a penalty as follows;
 
   A fine in the amount of one thousand dollars ($1,000);
 
This is a third positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3)(c) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
                                            BY ORDER OF THE SUNRAY PARK BOARD OF STEWARDS
 
     ______________________               _______________________           _______________________
 
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: ISAAC MARTINEZ Ruling Date: 5/27/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-54 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Licensee having appeared telephonically before the Board of Stewards on May 27, 2016 for failure to declare equipment (No Blinker) at time of entry on the horse Miz Good Friday, entered in the 2ND race, on May 22, 2016 at SunRay Park Race Track.  Licensee is found to be in violation of Commission rules
 
Licensee is found to be in violation of:
 
15.2.5.8 (B)(9) NMAC: Which states in pertinent part that “ Any approved change of equipment  must be declared at time of entry.”Any changes after that time must be approved by the Stewards.
.
For this rule violation, the Board of Stewards assessed a penalty in the amount of Fifty dollars ($50.00).  The fine is to paid on or before June 20, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
 
 Failure to pay the fine within the time prescribed may result in immediate suspension.
 
 
Name: GERARDO GUTIERREZ Ruling Date: 5/7/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-22 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Gerardo Gutierrez, having appeared telephonically before the Board of Stewards on May 7, 2016 waived his right to a hearing for entering the ineligible horse “Untangled Vines” which did not have a current coggins resulting in a program scratch in the 7TH race on April 29,2016 at SunRay Park Race Track.

For this rule violation, the Board of Stewards assessed Gerardo Gutierrez a penalty in the amount of Two hundred dollars ($200.00). The fine is to be paid on or before June 7, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

Licensee is found to be in violation of:

Name: HECTOR N. CHAVEZ Ruling Date: 4/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-10 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Licensee having appeared before the Board of Stewards telephonically on this date April 23, 2016 for failure to declare equipment Specify: (flipping halter) at time of entry on the horse Dashing Blu J, entered in the 1St race, on Date:April 22,2016, at Track:SunRay Park Race track. Licensee is found to be in violation of Commission rules.

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

For this rule violation, the Board of Stewards assessed a penalty in the amount of Fifty dollars ($50.00). The fine is to paid on or before May 23 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

Name: AUSTIN SHANE RUHE Ruling Date: 4/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-270 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/17/2016 Suspension End:
Ruling Text: Jockey AUSTI SHANE RUHE, having failed to pay the fines assessed in Ruling 2016-SUN-32.

AUSTI SHANE RUHE, is found to be in violation of:

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

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

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

Name: ALFREDO SANCHEZ Ruling Date: 4/12/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-232 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner-trainer Alfredo Sanchez ran his horse "Pampered Jess" in the Rainbow Futurity Juvenile on July 19, 2015, at Ruidoso Downs. The Rainbow Futurity Juvenile is the unofficial consolation for the Rainbow Futurity. To qualify for the Rainbow Futurity Juvenile, a horse must have competed in the trials on July 4. "Pampered Jess" ran fast enough in the trials to qualify for the Juvenile. However, "Pampered Jess" was disqualified from the trials on July 4 for a positive test of clenbuterol at a hearing before the Sunland Park Board of Stewards on March 29, 2016 (refer to NM Ruling 2016-SUN-200). Therefore, "Pampered Jess" is also disqualified from the Juvenile.

"Pampered Jess" is hereby disqualified from seventh place in the Ruidoso Futurity Juvenile and deemed Unplaced. The new order of finish is: (1) Motorboatin, (2) Stel Royal, (3) Undaunted, (4) Empty Arms, (5) Nexxus, (6) Fast Prize Janie, (7) Suga Tai Can Fly, (8) Jm Mr Evan, (9) Game Changes, and UNPLACED - Pampered Jess.

Name: ALFREDO SANCHEZ Ruling Date: 3/29/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-200 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/3/2017 Suspension End: 2/3/2018
Ruling Text:

Owner/ Trainer, Alfredo Sanchez, having been duly notified, failed to appear and had his hearing was held in absencia before the Board of Stewards on this date, 3/29/2016, regarding a lab. report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "clenbuterol", which was found in sample NM13826, after it was collected from the horse "Pampered Jess" which finished third in the 8th race, July 4, 2015 at Ruidoso Downs. (The original lab report indicated a finding of clenbuterol at 422 pg/ml) which exceeds the allowable limit of 140 pc/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to Alfredo Sanchez and sent to LGC Science Inc. Results from the spilt sample detected Clenbuterol at an average concentration of 225 picograms per milliliter of urine. Trainer, Alfredo Sanchez is found to be in violation of:15.2.6.9(D) (1-2-3) NMAC: Which states in that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".

15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." For this violation, the Board of Stewards assessed Alfredo Sanchez a penalty for a fourth(4th) positive as follows: (1) A suspension of any/all NMSRC issued licenses for a period of three hundred sixty-five (365) days starting on February 3, 2017 ending on February 3, 2018. (2) A fine in the amount of five thousand dollars ($5000.00.); (3) Loss of purse and the horse is dis-qualified. The new order of finish is (1)Jm Mr Evan (2) Undaunted (3) Lady Perry On Fire (4) Volcom Bay (5) Khat Daddy (6) Ivory Candy (7) The Cartels Crown (8) A Hot Prospect (9) UNPLACED- Pampered Jess This is a fourth(4th) offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C) (2) (b) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B) (3) (l) NMAC.

During said time of applicable suspension, Alfredo 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) (a-b) NMAC, and 15.2.3.8 (B) (3) (f) NMAC.

Name: ALFREDO SANCHEZ Ruling Date: 4/8/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-200-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/3/2017 Suspension End: 2/3/2018
Ruling Text: RE: 2016-SUN-200 - Appeal Submitted
Name: ALFREDO SANCHEZ Ruling Date: 4/8/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-200-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/3/2017 Suspension End: 2/3/2018
Ruling Text: RE: 2016-SUN-200 - Appeal Stay Granted Pending the Appeal Process
Name: ALFREDO SANCHEZ Ruling Date: 4/12/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-200-MODPEN Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/3/2017 Suspension End: 2/3/2018
Ruling Text: RE: 2016-SUN-200 - Modified Penalty

Issued in Error.

Name: NICOLE TRUJILLO Ruling Date: 3/28/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-195 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Nichol Trujillo having been duly notified (by notice of hearing mailed to address on file), failed to appear and had her hearing held in absentia on March 28, 2016, for admitting on record March 13, 2016, that she participated in program training with owner David Vigil on September 11, 2015 at the New Mexico State Fair. Nichol Trujillo is found to be in violation of Commission rules. For the violation of program trainer, the Board of Stewards assessed Nichol Trujillo a penalty:
    1. A fine in the amount of five hundred dollars ($500.00). The fine is to paid on or before April 27, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.
        • The mitigating circumstances that lead to the stewards accessing a fine of five hundred ($500) in lieu of a five thousand dollar ($5,000) fine are
            1. Nichol Trujillo had no violations of the NMRC rules until the clenbuterol positive for “Gone Already” who finished first place in the 9th race at The New Mexico State Fair;
            2. She showed legitimate proof of having horses in training of her own;
            3. She showed proof that she and Mr. David Vigil were no longer doing business;
            4. She told the truth and expressed regret;
            5. She is currently serving a suspension and paying a fine for the clenbuterol positive.
    1. Probation of 180 days in lieu of 180- day suspension (which will start after her current suspension has ended) May 22, 2016, through November 18, 2016, inclusive. If any rule violation occurs during probation period it will be considered a violation of her probation and a fine of five thousand dollars and a 180-day suspension will immediately go into effect.

Licensee is found to be in violation of the following rule (s): 16.47.1.10 NMAC. F (1) A program trainer, as defined in 15.2.1 NMAC, is a trainer who on behalf of an ineligible trainer or an undisclosed person: (a) enters into an agreement for the sole purpose of completing an entry form for a race. (b) pays an entry fee on behalf of an ineligible trainer or an undisclosed person (c) receives a financial or beneficial interest for the sole purpose of being listed as the trainer on the official race program; or (d) obtains official works within New Mexico’s jurisdiction on behalf of an ineligible trainer or an undisclosed person.(2) A licensed trainer who violates Paragraph (1) of this subsection will be subject to the following penalties: (a) First offense - six month suspension and a $5,000 fine. 16.47.1.8(L)(1)(h) NMAC: Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued or order disciplinary measures, if the applicant is a person whose conduct or reputation may reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meet. Interfering with the orderly conduct of the race meet shall include, but not limit to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds. The fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule.”16.47.1.8 L (1)(C) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: who is unqualified, by experience or otherwise, to perform the activities for which a license is required, or who fails to pass an examination prescribed by the commission.15.2.1.9 B. (4) d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards. The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection.16.47.1.10 B. (1) 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 horses. 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 a commission-approved laboratory is prima facie evidence of a violation of this rule. The trainer is absolutely responsible regardless of the acts of third parties.(2) A trainer must prevent the administration of any drug or medication or other prohibited substance that may cause a violation of these rules. (3) A trainer whose horse has been claimed remains the absolute insurer for the race in which the horse is claimed.

Name: NICOLE TRUJILLO Ruling Date: 8/12/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-195-RES Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: E: 2016-SUN-195 - Ruling Rescinded

Ruling 2016-SUN-195 dated March 28, 2016 at Sunland Park is hereby rescinded in its entirety.

Nicole B. Trujillo is still and currently under suspension for failure to pay ruling 2016-SUN-152.

15.2.3.8(B)(1)(d) NMAC: Which states in pertinent part that “The Stewards have the authority to interpret the rules and decide questions of racing not specifically covered by the rules.”

Name: David Jason Vigil Ruling Date: 3/27/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-194 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/7/2016 Suspension End: 8/12/2016
Ruling Text: Owner David Vigil having been duly notified, failed to appear, and had his hearing held in absentia on March 28, 2016, for admitting on record March 13, 2016, that he was responsible for program training with trainer Nichole Trujillo on September 11, 2015 at the New Mexico State Fair. David Vigil accepted responsibility for the clenbuterol positive that occurred in horse “Gone Already” who finished first place in the 9th race at The New Mexico State Fair. David Vigil is found to be in violation of Commission rules. For the violation of program trainer, the Board of Stewards assessed David Vigil a penalty:
    1. A fine in the amount of five thousand dollars ($5,000.00). The fine is to paid on or before April 27, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.
    2. A suspension of 180 days starting April 7, 2016, through October 4, 2016, inclusive.
During said time of applicable suspension, David Vigil is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of David Vigil are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Licensee is found to be in violation of the following rule (s): 16.47.1.10 NMAC. F (1) A program trainer, as defined in 15.2.1 NMAC, is a trainer who on behalf of an ineligible trainer or an undisclosed person: (a) enters into an agreement for the sole purpose of completing an entry form for a race. (b) pays an entry fee on behalf of an ineligible trainer or an undisclosed person; (c) receives a financial or beneficial interest for the sole purpose of being listed as the trainer on the official race program; or (d) obtains official works within New Mexico’s jurisdiction on behalf of an ineligible trainer or an undisclosed person.(2) A licensed trainer who violates Paragraph (1) of this subsection will be subject to the following penalties: (a) First offense - six month suspension and a $5,000 fine.

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

Name: David Jason Vigil Ruling Date: 8/12/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-194-RES Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/7/2016 Suspension End: 8/12/2016
Ruling Text: RE: 2016-SUN-194 - Ruling Rescinded

Ruling 2016-SUN-194 dated March 28, 2016 at Sunland Park is hereby rescinded in its entirety.

David Jason Vigil is hereby restored to good standing.

15.2.3.8(B)(1)(d) NMAC: Which states in pertinent part that “The Stewards have the authority to interpret the rules and decide questions of racing not specifically covered by the rules.”

Name: CYNTHIA G GONZALEZ Ruling Date: 3/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-170 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 3/29/2016 Suspension End: 6/27/2016
Ruling Text:
Trainer Cynthia Gonzalez, having been summoned and appeared before the Board of Stewards on March 18, 2016, for falsification of works on February 12, 2016, for horses First Noted and BrooksBad Boy and for failure to follow protocol for substitute training (having unapproved horses from another trainer in her stalls at Sunland Park).

Trainer Cynthia Gonzalez has been found in violation of

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

15.2.5.11 B. IDENTIFICATION: (1) Each horse must be properly identified prior to its participation in an official timed workout

16.47.1.10 B. ABSOLUTE INSURER: (1) 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 horses. 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 a commission-approved laboratory is prima facie evidence of a violation of this rule. The trainer is absolutely responsible regardless of the acts of third parties.

16.47.1.10 E. SUBSTITUTE TRAINERS:(1) If any licensed trainer is prevented from performing his duties or is absent from the track where he is participating, the stewards shall be immediately notified, and at the same time, a substitute trainer or assistant trainer, acceptable to the stewards, shall be appointed. The stewards shall be advised when the regular trainer resumes his duties (2) A substitute trainer must accept responsibility for the horses in writing and be approved by the stewards. (3) A substitute trainer and the absent trainer shall be jointly responsible as absolute insurers of the condition of their horses entered in an official workout or race pursuant to Subsection B, Paragraphs (1), (2) and (3) of 16.47.1.10 NMAC.

For this violation, the Board of Stewards assessed Cynthia Gonzalez:

      1. fine in the amount of two thousand five hundred dollars ($2,500).
      2. A suspension of 90 days to begin March 29, 2016 through June 27, 2016 inclusive
The fine is to be paid on or before April 18, 2016 or before reinstatement of license, in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. During said time of applicable suspension, Cynthia Gonzalez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

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

Name: RAUL HERRERA Ruling Date: 3/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-164 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/27/2016 Suspension End:
Ruling Text: Jockey, RAUL HERRERA, having been summoned and appeared before the Board of Stewards on March 19, 2016 for careless while aboard “Adi” in the Fifth race, March 18, 2016, is found to be in violation of Commission rules.

For this violation, the Board of Stewards assessed RAUL HERRERA a suspension of 1 day (March 27, 2016).

This ruling is in accordance with:

Name: RAUL HERRERA Ruling Date: 3/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-165 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/29/2016 Suspension End: 3/30/2016
Ruling Text: Jockey, RAUL HERRERA, having been summoned and appeared before the Board of Stewards on March 19, 2016 for careless while aboard “Korina” in the 6th race, March 18, 2016, is found to be in violation of Commission rules.

For this violation, the Board of Stewards assessed RAUL HERRERA a suspension of 1 days (March 29, 2016).

This ruling is in accordance with:

Name: RAMON ROBERTO RIVERA Ruling Date: 3/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-161 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Ramon Rivera having been duly notified, having and appeared telephonically before the Board of Stewards on March 11 , 2016, regarding a confirmed positive test for the Class IV drug “Dexamethasone” at a level of( 152 pg per ml.), which was found in sample NM12243, after it was collected from the horse “Play Misty Forme” which participated in the tenth(10th) race, May 29, 2015, at Ruidoso Downs; For this violation, the Board of Stewards assessed penalties: As full and final resolution of this matter, Trainer, Ramon Rivera agrees to the following penalties: (1) Waive of Rights. Licensee’s knowingly, intentionally and voluntarily waives his/her right to a hearing and the right to judicial appeal. This waiver includes, but not limited to, licensee’s right to a full evidentiary hearing including the right to present evidence and cross examine witnesses: and any right to appeal this settlement or any decision in connection with this settlement agreement. (2). A five hundred dollar ($ 500.00) fine to be paid within sixty(60) days. As such, the following applies:

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

(Per the terms of a signed Stipulated Settlement Agreement, this Licensee knowingly and voluntarily waives his right to judicial appeal. This waiver includes but not limited to , Licensee’s right to ( a) a full evidentiary hearing, including the right to present evidence and cross-examine witnesses; and (b) any right to appeal this settlement or any decision by the Commission in connection with this Settlement Agreement.) This Settlement Agreement shall be deemed approved and executed upon being signed by both parties. This Settlement Agreement constitutes a full and complete resolution of all claims and defenses that either party did raise or could have raised with the respect to these proceeding and execution of this Settlement constitutes full and final resolution. It is so Stipulated and Agreed.

Name: CHRISTI MARIE FLORES Ruling Date: 3/18/2016
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #16-0026 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 3/19/2016 Suspension End: 4/17/2016
Ruling Text:
Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 0078259 taken from RANGER ANNIE, who finished second in the fifth race at Turfway Park on February 19, 2016 contained clenbuterol (Class B drug) at a level that exceeded the laboratory’s lower limit of detection in serum (Class B drug). After waiving your right to a formal hearing before the Board of Stewards you are hereby suspended THIRTY (30) days, March 19, 2016 through April 17, 2016 (inclusive) and fined FIVE HUNDRED ($500.00) DOLLARS.  RANGER ANNIE is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. During her suspension Ms. Flores 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. Flores is denied pending transfer to persons acceptable to the stewards. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).
 
810 KAR 1:008 Section 3, subsection (4)
810 KAR 1:012 Section 10, subsection (3)
810 KAR 1:017 Section (6)(7)
810 KAR 1:018 Section 2
810 KAR 1:018 Section 15, subsection (2)(3)
810 KAR 1:028, Section 4, subsection (2)(a) 1.(b)
 
 
BY ORDER OF THE STEWARDS
Name: NICOLE TRUJILLO Ruling Date: 3/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-152 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 3/23/2016 Suspension End: 5/22/2016
Ruling Text: Trainer, Nicole Trujillo, having been duly notified, and having appeared before the Board of Stewards on this date, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM15155, after it was collected from the horse "Gone Already " which finished first (1st) in the ninth (9tht) race, Friday, September 11th, 2015 at The New Mexico State Fair. (The original lab report indicated a finding of Clenbuterol at a level of 3,797 pg/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and denied by, Nicole Trujillo. )

Nicole Trujillo 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 the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective April 20, 2012, in which states in part "Clenbuterol in a post race test that exceeds the screening limit of 100 pg/ml in urine, or 2 pg/ml in serum/plasma will constitute a violation of NMSRC rules. A subsequent published, posted, and distributed memo dated April 26, 2013, stated the criteria for Clenbuterol remained in effect".

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

For this violation, the Board of Stewards assessed Nicole Trujillo a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of 60 calendar days (March 23 through May 22, 2016, Inclusive); (2) A fine in the amount of one-thousand dollars ($1,000.00.); (3) Loss of purse of the ninth (9th) race, first (1st) place date,, Friday, September 11, 2015at The New Mexico State Fair. The new order of finish is (1) Sheza a Weda (2) Ugo Igo (3) Teller Ima Dream (4) Hardhitting Sawyer (5) Eyes On Brimmerton (6) Let Us Prey (7) Me Tuff --- Unplaced—Gone Already. (4) Horse must pass a commission approved examine before becoming eligible to be entered in a race.

This is a first offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C) (2) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B) (3) (l) NMAC.

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

(Additional sanction is to apply to the Owner, and Horse, as outlined in number four above.)

BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS

_____________________ _______________________ _____________________ steward steward steward

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

Name: NICOLE TRUJILLO Ruling Date: 3/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-152-MODPEN Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 3/23/2016 Suspension End: 5/22/2016
Ruling Text: RE: 2016-SUN-152 - Modified Penalty Trainer, Nicole Trujillo, having been duly notified, and having appeared before the Board of Stewards on this date, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM15155, after it was collected from the horse "Gone Already " which finished first (1st) in the ninth (9tht) race, Friday, September 11th, 2015 at The New Mexico State Fair. (The original lab report indicated a finding of Clenbuterol at a level of 3,797 pg/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and denied by, Nicole Trujillo. )

Nicole Trujillo 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 the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective April 20, 2012, in which states in part "Clenbuterol in a post race test that exceeds the screening limit of 100 pg/ml in urine, or 2 pg/ml in serum/plasma will constitute a violation of NMSRC rules. A subsequent published, posted, and distributed memo dated April 26, 2013, stated the criteria for Clenbuterol remained in effect".

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

For this violation, the Board of Stewards assessed Nicole Trujillo a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of 60 calendar days (March 23 through May 22, 2016, Inclusive); (2) A fine in the amount of one-thousand dollars ($1,000.00.); (3) Loss of purse of the ninth (9th) race, first (1st) place date,, Friday, September 11, 2015at The New Mexico State Fair. The new order of finish is (1) Sheza a Weda (2) Ugo Igo (3) Teller Ima Dream (4) Hardhitting Sawyer (5) Eyes On Brimmerton (6) Let Us Prey (7) Me Tuff --- Unplaced—Gone Already. (4) Horse must pass a commission approved examine before becoming eligible to be entered in a race.

This is a first offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C) (2) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B) (3) (l) NMAC.

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

(Additional sanction is to apply to the Owner, and Horse, as outlined in number four above.)

BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS

_____________________ _______________________ _____________________ steward steward steward

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

Name: RAUL HERRERA Ruling Date: 3/12/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-148 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/20/2016 Suspension End: 3/22/2016
Ruling Text: Jockey, RAUL HERRERA, having been summoned and appeared before the Board of Stewards on March 12, 2016 for careless while aboard “KLC FAVORITE” in the THIRD race, March 11, 2016, is found to be in violation of Commission rules.

For this violation, the Board of Stewards assessed RAUL HERRERA a suspension of 2 days (March 20, 2016 and March 22, 2016).

This ruling is in accordance with:

Name: ARTURO GUTIERREZ CHAVEZ Ruling Date: 3/11/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-140 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 3/10/2016 Suspension End: 3/25/2016
Ruling Text: Trainer, Arturo Chavez having been duly notified, and having appeared before the Board of Stewards on February 28, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the steroid "Boldenone" which was found in sample NM17004, after it was collected from the horse, "Chief Coronas Charm" which participated in the second(2nd) race, September 27, 2015at Zia Park Race Track. Arturo Chavez explained that he was representing both his owners of this horse, Castulo M. Morales and Jorge A. Ruiz since neither could be present at this time. (The original lab report indicated the concentration of Boldenone was 85 nanogram/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and said split sampling by TVMDL(Texas A&M) lab confirmed 58 ng/ml in the urine).

Arturo Chavez 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.

15.2.6.9 (H)(1) NMAC: Which states no AAS shall be permitted in test sample collected from horses except for residues of the major metabolite of nandrolone, and the naturally occurring substances Boldenone and testosterone at concentration less than indicated thresholds .(2) Concentrations shall not exceed the following urine threshold concentration for total(i.e., free drug metabolite and drug or metabolite liberated from conjugates): (a) Boldenone (Equipoise is undercylenate ester of Boldenone) in male horses other than geldings- 15ng/ml; no Boldenone shall be permitted in geldings or female horses.

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

For this violation, the Board of Stewards assessed Arturo Chavez a penalty as follows;

(1) A suspension of any/all NMSRC issued licenses for a period of 15 days, (March 9, through March 25, 2016, inclusive); (2) A fine in the amount of five hundred dollars $500.00); (3) Loss of purse of the second (2nd) race,September 27, 2015 at the Zia Park Race Track. (4) The horse “Chief Coronas Charm” must pass a commission approved examination before re-entry.

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

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

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

BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS

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

Name: ARTURO GUTIERREZ CHAVEZ Ruling Date: 3/11/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-141 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 3/25/2016 Suspension End: 4/11/2016
Ruling Text: Trainer, Arturo Chavez having been duly notified, and having appeared before the Board of Stewards on February 28, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the steroid "Boldenone" which was found in sample NM17934, after it was collected from the horse, “Chief Coronas Charm" which participated in the third (3rd) race, October 20, 2015at Zia Park Race Track. Arturo Chavez explained that he was representing both his owners of this horse, Castulo M. Morales and Jorge A. Ruiz since neither could be present at this time. (The original lab report indicated the concentration of Boldenone was 70 nanograms/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and said split sampling by TVMDL (Texas A&M) lab confirmed 58 ng/ml in the urine).

Arturo Chavez 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.

15.2.6.9 (H)(1) NMAC: Which states no AAS shall be permitted in test sample collected from horses except for residues of the major metabolite of nandrolone, and the naturally occurring substances Boldenone and testosterone at concentration less than indicated thresholds .(2) Concentrations shall not exceed the following urine threshold concentration for total(i.e., free drug metabolite and drug or metabolite liberated from conjugates): (a) Boldenone (Equipoise is undercylenate ester of Boldenone) in male horses other than geldings- 15ng/ml; no Boldenone shall be permitted in geldings or female horses.

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

For this violation, the Board of Stewards assessed Arturo Chavez a penalty as follows;

(1) A suspension of any/all NMSRC issued licenses for a period of 15 days, (March 25, through April 11, 2016, inclusive); (2) A fine in the amount of five hundred dollars $500.00); (3) Loss of purse of the third (3rd) race, October 20, 2015 at the Zia Park Race Track. (4) The horse “Chief Coronas Charm” must pass a commission approved examination before re-entry.

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

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

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

BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS

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

Name: ALFREDO SANCHEZ Ruling Date: 1/26/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-89 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, Alfredo O. Sanchez, having been duly notified, and having appeared with counsel by telephone, (Brian Hess) before the Board of Stewards on this date, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM14780, after it was collected from the horse "I’ll Stop the World " which participated in the 8th race, in the La Plata Stakes race on July 26,2015 at Sunray Park. (The original lab report indicated a finding of Clenbuterol at a level of 8,185 pg/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and accepted by, Alfredo Sanchez. The split was confirmed positive by LGC Science, Inc. Laboratory with a finding of 5372 pg/ml in urine). Owner Alfredo Sanchez 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 the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to published, posted, and distributed memo effective July 22, 2015, in which states in part "Clenbuterol is a prohibited substance and a will constitute a violation of NMSRC rules. NMAC15.2.6.9 (P) NMAC: Which states the suspension of authorized medications, as outlined in sections 1-2-3-4, which l1-2-3-4, which led to a published, posted, and distributed memo effective July 22, 2015, in which states in part "Clenbuterol is a prohibited substance and a will constitute a violation of NMSRC rules. For this 2nd violation, the Board of Stewards assessed Alfredo Sanchez a penalty as follows: (1) the horse "I'll Stop the World" must pass a NMRC approvered examination prior to be eligible to be entered in race. (2) Loss of purse of the 8th race, on July 26, 2015, at SunRayPark. This is a second offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC.

During said time of applicable suspension, Alfredo O. 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)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Name: ALFREDO SANCHEZ Ruling Date: 1/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-86 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/2/2016 Suspension End: 2/2/2017
Ruling Text: Trainer/Owner, Alfredo O. Sanchez, having been duly notified, and having appeared with counsel by telephone, (Brian Hess) before the Board of Stewards on this date, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM14780, after it was collected from the horse "I’ll Stop the World " which participated in the 8th race, in the La Plata Stakes race on July 26,2016 at Sunray Park.

(The original lab report indicated a finding of Clenbuterol at a level of 8,185 pg/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and accepted by, Alfredo Sanchez. The split was confirmed positive by LGC Science, Inc. Laboratory with a finding of 5372 pg/ml in urine).

Trainer/Owner Alfredo Sanchez 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 the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective July 22, 2015, in which states in part "Clenbuterol is a prohibited substance and a will constitute a violation of NMSRC rules. NMAC 15.2.6.9 (P) NMAC: Which states the suspension of authorized medications, as outlined in sections 1-2-3-4, which l1-2-3-4, which led to a published, posted, and distributed memo effective July 22, 2015, in which states in part "Clenbuterol is a prohibited substance and a will constitute a violation of NMSRC rules. 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

For this violation, the Board of Stewards assessed Alfredo Sanchez a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of 365 calendar days (Febuary 2nd,2016 through Febuary 2nd, 2017, Inclusive); (2) A fine in the amount of one-thousand dollars ($5,000.00.); (3) Loss of purse of the 8th race, on July 26, 2015, at SunRayPark.

This is a third offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

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

Name: ALFREDO SANCHEZ Ruling Date: 2/8/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-86-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/2/2016 Suspension End: 2/2/2017
Ruling Text: RE: 2016-SUN-86 - Appeal Submitted to Commission. Approved by Dan Fick on 2/5/16.
Name: ALFREDO SANCHEZ Ruling Date: 2/9/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-86-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/2/2016 Suspension End: 2/2/2017
Ruling Text: RE: 2016-SUN-86 - Modified Ruling Date correction

Trainer/Owner, Alfredo O. Sanchez, having been duly notified, and having appeared with counsel by telephone, (Brian Hess) before the Board of Stewards on this date, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM14780, after it was collected from the horse "I’ll Stop the World " which participated in the 8th race, in the La Plata Stakes race on July 26,2015 at Sunray Park.

(The original lab report indicated a finding of Clenbuterol at a level of 8,185 pg/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and accepted by, Alfredo Sanchez. The split was confirmed positive by LGC Science, Inc. Laboratory with a finding of 5372 pg/ml in urine).

Trainer/Owner Alfredo Sanchez 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 the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective July 22, 2015, in which states in part "Clenbuterol is a prohibited substance and a will constitute a violation of NMSRC rules. NMAC 15.2.6.9 (P) NMAC: Which states the suspension of authorized medications, as outlined in sections 1-2-3-4, which l1-2-3-4, which led to a published, posted, and distributed memo effective July 22, 2015, in which states in part "Clenbuterol is a prohibited substance and a will constitute a violation of NMSRC rules. 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

For this violation, the Board of Stewards assessed Alfredo Sanchez a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of 365 calendar days (Febuary 2nd,2016 through Febuary 2nd, 2017, Inclusive); (2) A fine in the amount of one-thousand dollars ($5,000.00.); (3) Loss of purse of the 8th race, on July 26, 2015, at SunRayPark.

This is a third offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

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

Name: ALFREDO SANCHEZ Ruling Date: 1/24/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SRP-1 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, Alfredo O. Sanchez, having been duly notified, and having appeared with counsel by telephone, (Brian Hess) before the Board of Stewards on this date, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM14780, after it was collected from the horse "I’ll Stop the World " which participated in the 8th race, in the La Plata Stakes race on July 26,2016 at Sunray Park.

(The original lab report indicated a finding of Clenbuterol at a level of 8,185 pg/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and accepted by, Alfredo Sanchez. The split was confirmed positive by LGC Science, Inc. Laboratory with a finding of 5372 pg/ml in urine). Owner Alfredo Sanchez 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 the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to published, posted, and distributed memo effective July 22, 2015, in which states in part "Clenbuterol is a prohibited substance and a will constitute a violation of NMSRC rules. NMAC 15.2.6.9 (P) NMAC: Which states the suspension of authorized medications, as outlined in sections 1-2-3-4, which l1-2-3-4, which led to a published, posted, and distributed memo effective July 22, 2015, in which states in part "Clenbuterol is a prohibited substance and a will constitute a violation of NMSRC rules. For this 2nd violation, the Board of Stewards assessed Alfredo Sanchez a penalty as follows: (1) the horse "I'll Stop the World" must pass a NMRC approvered examination prior to be eligible to be entered in race. (2) Loss of purse of the 8th race, on July 26, 2015, at SunRayPark.

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

During said time of applicable suspension, Alfredo O. 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)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Name: ALFREDO SANCHEZ Ruling Date: 1/26/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SRP-1-RES 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: 2016-SRP-1 - Ruling Rescinded

issued in error

Name: MARIO ALVARO MONTOYA Ruling Date: 1/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-68 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/17/2016 Suspension End:
Ruling Text: Trainer Mario Alvaro Montoya, having failed to pay the fine assessed in Ruling 2015-NMS-21, is found to be in violation of:

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

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

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

Name: RAUL HERRERA Ruling Date: 12/20/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-638 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 Herrera appeared before the Board of Stewards on August 15, 2015, for careless riding, while aboard “Double O Seven B” in the second race, August 14, 2015, at Zia Park, is found to be in violation of Commission rules.

For this violation, the Board of Stewards assessed Raul Herrera, a fine in the amount of two hundred dollars ($200.00).

The fine is to be paid on or before January 15, 2016 in accordance with 15.2.3.8 (B) (3) (8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension

This ruling is in accordance with:

Name: ARNULFO ASCENCIO Ruling Date: 12/19/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-628 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer, Arnulfo Ascencio, having appeared by telephone before the Board of Stewards on December 1, 2015, for entering an ineligible hors,, Go Chief Go, which was not a New Nexico Bred in the sixth race on December 14 2015 at Zia Park, which was a race designated for New Mexico Breeds. Go Chief Go ran 8th and was disqualified from that race in a ruling issued on this date December 19, 2015

For this violation, the Board of Stewards assessed Arnulfo Ascencio a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before January 28, 2016 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension Trainer is found to be in violation of.

Name: RAUL HERRERA Ruling Date: 10/31/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-215 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Jockey RAUL HERRERA, having been duly notified, and having failed to appear before the Board of Stewards on this date, a hearing was held in absentia for careless riding/failure to maintain a straight course while aboard “Jess a Blazin” in the second race, Monday, October 26, 2015, at Zia Park;

RAUL HERRERA is found to be in violation of:

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

15.2.5.13 (E)(3)(d) NMAC: Which states in pertinent part “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: Which states in pertinent part “If the Stewards determine the foul was intentional, or due to careless riding, they may fine, or suspend, the guilty Jockey”.

For this violation, the Board of Stewards assessed RAUL HERRERA a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before November 30, 2015, in accordance with 15.2.3.8(B)(3)(1) NMAC.

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

An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main Commission offices or with the Stewards who issued the ruling
Name: RIGOBERTO OCHOA Ruling Date: 10/27/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-171 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 RIGOBERTO OCHOA, having been duly notified, and represented by trainer Manuel Urioste, before the Board of Stewards, October 11, 2015, regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM 11587, after it was collected from the horse “Kays Gunslinger” which finished second in the 3rd race, Saturday, March 7, 2015, at Sunland Park;

RIGOBERTO OCHOA is listed as the recorded Owner of the horse "Kays Gunslinger” which was the subject of related ruling 2015-ZIA-172, issued this date at Zia Park, in which sanction was made against the Trainer of record.

As such, the following applies:

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


For this violation, the Board of Stewards assessed RIGOBERTO OCHOA a penalty of:

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

(Refer to related ruling 2015-ZIA-170, issued this date at Zia Park).

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: ALFREDO SANCHEZ Ruling Date: 9/18/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2015-NMS-30 Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Alfredo Sanchez having fulfilled the conditions required, by having been granted a stay, is hereby reinstated, and restored, as of Sep 2, 2015.
Name: RAMON ROBERTO RIVERA Ruling Date: 7/19/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-163 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/30/2015 Suspension End: 1/26/2016
Ruling Text:
Trainer RAMON R RIVERA having been duly notified, and having appeared (with telephonic counsel) before the Board of Stewards on July 11, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) , for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM 12728 , after it was collected from the horse "Featuring This" which finished second in the 3rd race, Sunday, May 3, 2015, at the Downs At Albuquerque;
(The original lab report indicated a finding of Clenbuterol at 228 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by Industrial laboratories, which confirmed a finding of Clenbuterol at 211pg/ml, +/- 13 pg/ml).

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

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

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

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

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

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

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

_____________________ _______________________ _____________________
DAVID KEITER NORM AMUNDSON ED L'ECUYER
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: RAMON ROBERTO RIVERA Ruling Date: 7/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-163-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/30/2015 Suspension End: 1/26/2016
Ruling Text: RE: 2015-RUI-163 - Appeal Submitted on July 27, 2015 received in main Commission Office in Albuquerque.
Name: RAMON ROBERTO RIVERA Ruling Date: 7/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-163-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/30/2015 Suspension End: 1/26/2016
Ruling Text: RE: 2015-RUI-163 - Appeal Stay Granted Pending the Appeal Process - Issued by District Judge Beatrice J. Brickhouse see Ruling
Name: JOSE EFREN MERAZ Ruling Date: 7/18/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-57 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Jose Meraz having been duly notified, and appeared telephonically before the Board of Stewards on July 18, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the drug "Dexemethasone" which was found in sample NM11858, after it was collected from the horse, "Aint Wavin" which finished first in the 1st race, March 28, 2015 at Sunland Park.

(The original lab report indicated a finding of Dexemethasone at 187pg/ml in blood/serum. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and accepted. The results from Industrial Laboratories showed a level of "Dexemethasone" at 235pg/ml.

Trainer Jose Meraz is found to be in violation of:

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

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

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

For this violation, the Board of Stewards assessed Trainer Jose Meraz a penalty as follows;

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

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

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

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: AMANDA HAAR Ruling Date: 7/11/2015
Jurisdiction: North Dakota Racing Commission Facility: Chippewa Downs
Ruling Number: 2015-CPW-5 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 7/12/2015 Suspension End: 7/26/2015
Ruling Text:
Owner/Trainer Amanda Haar is hereby fined $500, suspended 15, and loses the purse for illegal use of the medication Gabapentin in the horse "Ready Set Zip" in Race 7 on 6/13/15.
Trainer will be alowed to start her qualifiers in the Northern Plains Futurity on 7/26/15.
Name: DANIEL APODACA Ruling Date: 6/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-6 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: 6/30/2015 Suspension End: 6/12/2016
Ruling Text:
Owner, DANIEL APODACA, having failed to pay the fines assessed in Ruling 2015-DAA-49.

DANIEL APODACA is found to be in violation of:

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

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

During said time of applicable suspension, DANIEL APODACA is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9(C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.
Name: DIANE MARIE HEATH Ruling Date: 6/19/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-91 Ruling Type: Failure to Meet Financial Obligation
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/19/2015 Suspension End:
Ruling Text:
Owner DIANE MARIE HEATH, having been duly notified to her last known address, and having failed to appear before the Board of Stewards on this date for scheduled financial responsibility hearing, said hearing was held in absentia;

(The hearing was held regarding a default judgment that was issued against Ms. Heath by Judge Dusty Vinson in Justice Court, Precinct 3, Parker County, Texas on April 24, 2015).

DIANE MARIE HEATH is found to be in violation of:

16.47.1.8 (L)(i) NMAC: Which state 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 demonstrates a lack of financial responsibility by accumulating unpaid obligations, defaulting on obligations, or issuing draft checks that are dishonored, or payment refused;

16.47.1.8 (I) (1) NMAC: Which states in pertinent part that “All persons engaged in racing shall maintain financial responsibility in matters pertaining to racing”.

For this violation, the Board of Stewards issue DIANE MARIE HEATH a penalty of the following:
    1. A suspension of any/all New Mexico Racing Commission licenses, effective this date, and that she be deemed ineligible for any future licensing in New Mexico until such time that full payment to Equine Sports Medicine & Surgery is made in the amount of $8,201.79

During said time of suspension DIANE MARIE HEATH 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, or under the care of DIANE MARIE HEATH are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

BY ORDER OF THE RUIDOSO DOWNS BOARD OF STEWARDS


_______________________ ____________________________ _________________________


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

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

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

Licensee is found to be in violation of:

NMAC: 15.2.5.8 (B10) Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards.
Name: ALBERTO AMPARAN Ruling Date: 6/4/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-179 Ruling Type: Failure to Follow Facility Regulations
Breed: Mixed Division: Mixed
Fine Amount: $ 25 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Alberto Amparan, having appeared, by telephone, before the Board of Stewards on May 25, 2015 is found to be in violation of Commission rules.

Narrative: On May 24, 2015, in the sixth race, Alberto Amparan failed to supply his groom with a halter when the horse, Please Come Again, was sent to the test barn.

For this rule violation, the Board of Stewards assessed the following penalty, a fine in the amount of twenty five dollars, ($25.00). The fine is to be paid by July 3 2015, in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

This ruling is in accordance with:
Name: JORGE ZUBIA Ruling Date: 5/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-158 Ruling Type: Failure to Follow Facility Regulations
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Licensee having appeared before the Board of Stewards on May 29, 2015, concerning complaints from the outrider for disobeying orders from an official, is found in violation of Commission rules.

For this rule violation, the Board of Stewards assessed Jorge Zubia a penalty in the amount of fifty dollars ($50). The fine is to be paid on or before June 29, 2015 in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

This ruling is in accordance with:

FOUND IN VIOLATION OF 15.2.3.8B3 NMAC:
(3) Disciplinary action. The stewards shall take notice of alleged misconduct or rule violations and initiate investigations into the matters.
(f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission.
Name: BRENT REED ANGELLE Ruling Date: 3/16/2015
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2015-MP-24 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
TRAINER BRENT ANGELLE IS HEREBY FINED ONE HUNDRED ($100.00) DOLLARS FOR NECESSITATING THE LATE SCRATCH OF THE HORSE "EX MARQ" FROM THE 2ND RACE ON 3/15/2015 FOR FAILURE TO HAVE REGISTRATION PAPERS ON FILE IN THE RACING OFFICE.
Name: KASSANDRA HERRERA Ruling Date: 11/8/2014
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2014-ZIA-257 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Owner Kassandra Herrera, having telephonically appeared before the Board of Stewards on Wednesday, November 5, 2014, regarding the horse “Tiz a Phantom” that was entered in the seventh race, Wednesday, November 5, 2014, at Zia Park;

(Ms. Herrera admitted to having sold the horse after entry into the race, then removing it from the Trainer, resulting in a race day scratch of said horse. Ms. Herrera failed to follow established scratch procedures).

This ruling is in accordance with:

16.47.1 10 (C)(5) NMAC: Which states in pertinent part “The Trainer is responsible for the proper identity, custody, care, health, condition and safety of horses in his/her charge”.

Kassandra Herrera is found to be in violation of:

15.2.5.8 (B)(2) NMAC: Which states in pertinent part “ Any horse which is in a race, or on the also eligible list, may not be sold or transferred until that obligation is completed, except with permission of the Stewards”.

15.2.5.9 (B)(2) NMAC: Which states in pertinent part “No horse may be scratched from an overnight race without the approval of the Stewards”.


For this rule violation, the Board of Stewards assessed Kassandra Herrera a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before December 8, 2014, in accordance with 15.2.3.8(B)(3)(l) NMAC.

Failure to pay the fine within the time prescribed may result in immediate suspension.
Name: CHRIS L PAGE Ruling Date: 9/8/2014
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2014-033 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
RACE 5 09/07/2014 AT THE RED MILE MR PAGE DID ALLOW HIS FOOT TO COME IN CONTACT WITH THE HORSE
Name: CHRIS L PAGE Ruling Date: 8/22/2014
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: j2014-026 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
In the 8th race at THE RED MILE on 8/17/2014 Mr Page tid fail to wear a safety vest.
Name: MICHAEL DAVID CHAVEZ Ruling Date: 5/14/2014
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 0297414 Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING#: 0297414 TRACK: RUIDOSO DOWNS DATE: May 14, 2014 Trainer MICHAEL DAVID CHAVEZ (DOB: 07/07/1975 NMSRC LICENSE #:46079969) having paid the fine assessed in ruling 0008313, issued September 13, 2013, at the New Mexico State Fair, and having otherwise fulfilled the conditions required in said ruling; This matter having come before the Board of Stewards on this date, it is hereby ordered that MICHAEL DAVID CHAVEZ is reinstated, effective April 22, 2014. BY ORDER OF THE RUIDOSO DOWNS BOARD OF STEWARDS DAVID KEITER ED L'ECUYER CONNIE ESTES
Name: TOMAS VALLEJOS Ruling Date: 3/22/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3330514 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 4/2/2014 Suspension End: 4/2/2017
Ruling Text:
RULING#: 3330514 TRACK: SUNLAND PARK DATE: March 22, 2014 Trainer: TOMAS G VALLEJOS (DOB: 09/21/1938 LICENSE #:56082574) having been duly notified, and having appeared telephonically before the Board of Stewards, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the Class I-A drug "Phentermine", which was found in sample NM03984 after it was collected from the horse "Hurried Flurry", which finished first in the 1st race, Sunday, October 6, 2013, at Zia Park; (The original lab report indicated a finding of Phentermine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and sent to LSU where findings of Phentermine were confirmed as positive at 11.694 ng/ml in urine. Additionally, there are no acceptable test limit levels for this drug, and Class I-A drugs of this nature have a high potential for affecting the outcome of a race, and have no approved or indicated use in a horse). Tomas G. Vallejos is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (a) drugs or medications for which no acceptable levels have been established". 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." For this violation, the Board of Stewards assessed Tomas G. Vallejos a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of three calendar years (April 2, 2014 thru April 2, 2017 inclusive); (2) A fine in the amount of twenty-five thousand dollars ($25,000); (3) Loss of purse of the 1st race, October 6, 2013, at Zia Park; (4) Due to the presence of a Class I-A finding in a post race sample, this matter is hereby referred to the NMSRC for any action deemed necessary, per 15.2.3.8 (B)(3)(j) NMAC; This is a first Category A positive test and second positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(1)(a) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC. During said time of applicable suspension, Tomas G. Vallejos is hereby excluded from all areas under the jurisdiction of the NMSRC, in accordance with 15.2.1.9(C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC; Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC; (Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings 3331514 and 3332514 issued this date, at Sunland Park).

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: HECTOR JAIME HERNANDEZ Ruling Date: 3/10/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3278514 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 50000 Fine Paid: N
Suspension Start: 3/26/2017 Suspension End: 3/26/2020
Ruling Text: RULING#: 3278514 TRACK: SUNLAND PARK DATE: March 10, 2014 Trainer HECTOR JAMIE HERNANDEZDOB: 04/19/1980 LICENSE #:96040432 having been duly notified, and having appeared (telephonically), before the Board of Stewards on March 9, 2014, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class II drug "Zilpaterol", which was found in sample NM03687 after it was collected from the horse "IBSTYLINFIRST", which finished first in the 4th race, Sunday, October 27, 2013, at the Downs at Albuquerque; (The original lab report indicated a finding of Zilpaterol. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, but declined by, Mr. HECTOR JAIME HERNANDEZ. Additionally, there are no acceptable test limit levels for this drug, and Class II drugs of this nature have a high potential for affecting the outcome of a race, and have no approved or indicated use in a horse). HECTOR JAIME HERNANDEZ is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (a) drugs or medications for which no acceptable levels have been established". 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." For this violation, the Board of Stewards assessed HECTOR JAIME HERNANDEZ a penalty as follows: (1) A revocation with no reapplication of any/all NMSRC issued licenses for a period of three calendar years (March 26, 2017, through March 26, 2020, inclusive) due to previous suspension ending March 25, 2017; (2) A fine in the amount of fifty thousand dollars ($50,000); (3) Loss of purse of the fourth race, Sunday, October 27, 2013, at the Downs at Albuquerque; (4) Due to the presence of a Class II-A finding in a post race sample, this matter is hereby referred to the NMSRC for any action deemed necessary, per 15.2.3.8 (B)(3)(j) NMAC; This is a second positive test violation in the past 365 day period for a Class 2 violation, and the third test violation within a 365 day period of any drug positive, and is issued in accordance with 15.2.6.9 (C)NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC. During said time of applicable suspension, HECTOR JAIME HERNANDEZ is hereby excluded from all areas under the jurisdiction of the NMSRC, in accordance with 15.2.1.9(C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC; Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of HECTOR JAIME HERNANDEZ are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC; (Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings 3279514 and 3280514, issued this date, at Sunland Park). BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS ______________________ _______________________ _______________________ RON WALKER ED L'ECUYER DAVID KEITER Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: HECTOR JAIME HERNANDEZ Ruling Date: 3/8/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3273514 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 3/25/2014 Suspension End: 3/25/2017
Ruling Text: RULING#: 3273514 TRACK: SUNLAND PARK DATE: March 08, 2014 Trainer, HECTOR JAMIE HERNANDEZ DOB: 04/19/1980 LICENSE #:56083549, having been duly notified, and having failed to appear before the Board of Stewards on this date, a scheduled hearing was held in absentia, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class II drug "Zilpaterol", which was found in sample NM03684 after it was collected from the horse "Johnny 99", which finished first in the 2nd race, Sunday, October 27, 2013, at the Downs at Albuquerque; (The original lab report indicated a finding of Zilpaterol. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, but declined due to non payment to the testing laboratory by Mr. Hernandez. Additionally, there are no acceptable test limit levels for this drug, and Class II drugs of this nature have a high potential for affecting the outcome of a race, and have no approved or indicated use in a horse). HECTOR JAIME HERNANDEZ is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (a) drugs or medications for which no acceptable levels have been established". 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." For this violation, the Board of Stewards assessed HECTOR JAIME HERNANDEZ a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of three calendar years (March 25, 2014, through March 25, 2017, inclusive); The applicable dates of suspension are to follow a previous suspension ending March 24, 2014; (2) A fine in the amount of twenty-five thousand dollars ($25,000); (3) Loss of purse of the first race, Sunday, October 27, 2013, at the Downs at Albuquerque; (4) Due to the presence of a Class II-A finding in a post race sample, this matter is hereby referred to the NMSRC for any action deemed necessary, per 15.2.3.8 (B)(3)(j) NMAC; This is a first positive test for a Class II violation in the past 365 day period, and a second positive test within a 365 day period, and is issued in accordance with 15.2.6.9 (C)(1)(a) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC. During said time of applicable suspension, HECTOR JAIME HERNANDEZ is hereby excluded from all areas under the jurisdiction of the NMSRC, in accordance with 15.2.1.9(C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC; Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of HECTOR JAIME HERNANDEZ are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC; (Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings 3274514, and 3275514, issued this date, at Sunland Park). BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS ______________________ _______________________ _______________________ RON WALKER ED L'ECUYER DAVID KEITER Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: JOSE EFREN MERAZ Ruling Date: 2/26/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3423814 Ruling Type: Penalty Affirmed
Breed: Mixed Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End: 5/7/2014
Ruling Text:
BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO          RULING:  3423814                                     IN THE MATTER OF THE APPEAL OF TRAINER JOSE EFREN MERAZ (LIC NO. 56082813) OF RULINGS NO. 02174313 ISSUED BY THE RUIDOSO DOWNS  BOARD OF STEWARDS ON AUGUST 10, 2013.                                                                                                                          DECISION AND ORDER              WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on February 20, 2014 on review of a hearing officer's report by the above named Appellant;            WHEREAS, proper notice was given to those parties entitled to notice;            WHEREAS, the Commission reviewed the hearing officer's report and all related hearing material;            WHEREAS, the hearing officer's report is attached to this Decision and Order;              WHEREAS, the Commission voted unanimously to adopt the Hearing Officer's Findings of Fact and Conclusions of Law;   WHEREAS, the Commission finds that Appellant's actions constitute a violation of New Mexico Racing Commission Rules; WHEREAS, the Commission finds there to be sufficient evidence to support the finding of a violations on behalf of Appellant;  WHEREAS, the Commission voted unanimously to adopt the penalty recommendations of the Hearing Officer.  IT IS THEREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance in a horse he is training.  As such, Appellant and his horse, Hallbrooks Feature, shall be assessed a penalty as follows:  I. A fine in the amount of one thousand dollars ($1,000); II. A sixty (60) day suspension; III. Loss of purse for Hallbrooks Feature; IV. Hallbrooks Feature be unplaced;   V. Hallbrooks Feature shall be placed on the veterinarian's list for ninety (90) days; and VI. Hallbrooks Feature must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission. This Decision and Order shall be served upon Appellant in accordance with law.  Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.   Date: ____________                        _________________________________                                                           Robert Doughty               Chair NM Racing Commission
Name: GUADALUPE MUNOZ Ruling Date: 1/24/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3397814 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on January 9, 2014 on review of a hearing officer's report by the above named Appellant;
WHEREAS, proper notice was given to those parties entitled to notice;
WHEREAS, the Commission reviewed the hearing officer's report and all related hearing material;
WHEREAS, the hearing officer's report is attached to this Decision and Order;
WHEREAS, the Commission voted unanimously to adopt the Hearing Officer's Findings of Fact and Conclusions of Law;
WHER EAS, the Commission voted unanimously to adopt the Stipulated Facts entered by the parties and hereby attached to this Decision and Order;
WHEREAS, the Commission finds that Appellant's actions constitute a violation of New Mexico Racing Commission Rules;
WHEREAS, the Commission finds there to be sufficient evidence to support the finding of a violations on behalf of Appellant;
WHEREAS, the Commission voted unanimously to adopt the penal ty recommendations of the Hearing Officer.
IT IS THEREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance in a horse he is training. As such, Appellant and his horse shall be assessed a penalty as follows:
l. A fine in the amount of (a) five hundred dollars ($500) for the first offense violation for impermissible levels of 16 Hydroxystanozolol and (b) one thousand five hundred ($1,500) for the second offense violation for impermissible levels of Clenbterol for a total fine amount of two thousand dollars ($2,000);
      1. A suspension for (a) fifteen (15) days for the first offense violation for impermissible levels of 16 Hydroxystanozolol and (b) ninety (90) days for the second offense violation for impermissible levels of Clenbuterol for a total suspension of l05 days;
      2. Loss of purse for both horses;

IV. Both horses be unplaced; and

V. Both horses must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.
This Decision and Order shall be served upon Appellant in accordance with law. Pursuant to Rule 1-075 N M RA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.



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