Recent rulings collected by the ARCI organization

    The rulings that follow were received by ARCI within the last 5 days.  Please note that the ruling dates may be more than 5 days old. This report has been sorted from most to least recent ruling date. >9/15/2017<

174 Total Rulings compiled at: 9/20/2017 12:35:35 PM G.M.T.

Name: DONALD IRVINE Ruling Date: 9/19/2017
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2017-NDP-205 Ruling Type: Failure to Pay Fine or Fees
Breed: Harness Division: Horse
Fine Amount: $ 25 Fine Paid: N
Suspension Start: 9/19/2017 Suspension End:
Ruling Text:
Mr. Irvine is hereby suspended until he pays the fine ($50.00) per ruling NFLD-2017-181 at Northfield Park. A penalty in the amount of $25 has been added for failure to pay the fine in the time allowed by the judges. O.S.R.C.-3769-17-36  17-99
Name: KEITH J KASH Ruling Date: 9/19/2017
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2017-NDP-204 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 #6 Test Of Will in race 14 on 9/13/17 he came out in the stretch and interfered with #5 Outlawpocketrocket. O.S.R.C.-3769-17-11  17-99
Name: DEBORAH RAE ALEXANDER Ruling Date: 9/19/2017
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2017-NDP-208 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Ms. Alexander failed to honor the declaration of #8 Sign Of A Queen in race 10 on 9/16/17. O.S.R.C.-3769-15-30  15-99
Name: JASON R MERRIMAN Ruling Date: 9/19/2017
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2017-NDP-207 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 #5 Tamarind in race 9 on 9/18/17 he did strike a wheel at the finish. O.S.R.C.-3769-17-11  17-99
Name: DAVID MILLER Ruling Date: 9/19/2017
Jurisdiction: New Jersey Racing Commission Facility: Trenton
Ruling Number: 17TRH26 Ruling Type: Appeal/Stay Denied, Withdrawn, or Waived
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
 
 
The New Jersey Racing Commission is in receipt of a notice of appeal and request for a stay from David Miller in connection with a  3-day suspension issued by the Board of Judges at the Meadowlands Racetrack for violation of N.J.A.C. 13:71-20.6(a) 1, 2, 8, 10 in connection with his drive on "What the Hill" in the 13th race on   August 5, 2017.
 
The Executive Director having considered the request for an appeal hereby grants a stay of the suspension pending a final determination by the Racing Commission.  The matter will be transmitted to the Office of Administrative Law as a contested case.
 
Related ruling:   17MDH39 dated September 12, 2017
Name: KURT DAVID SUGG Ruling Date: 9/19/2017
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2017-NDP-206 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #5 Tormented Princess in race 13 on 9/16/17 he did whip in an exaggerated manner by raising his whipping arm above shoulder height. O.S.R.C.-3769-17-17(C)  17-99
Name: Larren Stephen Delorme Ruling Date: 9/18/2017
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C17111 Ruling Type: Financial Obligation/Restoration
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/18/2017 Suspension End:
Ruling Text: Jockey Larren Delorme is hereby suspended pending fulfillment of a financial obligation to another licensee. Following an informal hearing in the Stewards' office at Canterbury Park on September 15th, 2017, Delorme was ordered to pay the amount of Five Hundred ($500) Dollars to Trainer Sandra Sweere to fulfill an outstanding financial obligation. Delorme agreed to pay this amount from his bookkeeper's account on September 16th. As of September 18th, 2017, no payment has been made.

During the suspension, Jockey Larren Delorme is denied privileges of the grounds of all racetracks under the jurisdiction of the Minnesota Racing Commission.

Minnesota Rules: 7879.0200 (Authority and Duties of Stewards) Subp. 1. A.C.E.-General authority of stewards. 7877.0155 (Conditions Precedent to Licensing) Subp. B.H. 7897.0100 (Prohibited Acts) Subp. 10. -Financial Responsibility 7897.0120 (Disciplinary Sanctions) Subp. 1.-Licenses; Subp. 2.-Exclusion from racetrack.

Name: DELFINO ESTRADA Ruling Date: 9/18/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-21 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 150000 Fine Paid: N
Suspension Start: 9/25/2017 Suspension End: 9/25/2026
Ruling Text:
STATE OF NEW MEXICO
BEFORE THE RACING COMMISSION

IN THE MATTER OF DELFINO ESTRADA, JR., TRAINER, APPLICANT ID NO. 28914 TOMAS L. AVITIA, OWNER, APPLICANT ID NO. 6500 CASTULO NOE MORALES, APPLICANT ID NO. 86606 DELFINO ESTRADA JR., OWNER APPLICANT ID NO. 28914 POSITIVE SAMPLE NO. NM19451, NO. NM19548, & NO. 19584 HORSES “UPPER CANYON” and “MTS NO MARKS ON ME”, and “RAISE YOUR VERSION”

Respondents.

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on review of the hearing officer’s report regarding the above named Trainer and Owners; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material; WHEREAS, the hearing officer’s report is attached to this Decision and Order; WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law incorporated herein by reference; WHEREAS, the Commission finds that Trainer’s actions constitute a violation of New Mexico Racing Commission Rules; WHEREAS the Commission finds there to be sufficient evidence to support the findings of violations on behalf of Trainer; WHEREAS the Commission voted to adopt some of the penalty recommendations of the Hearing Officer, incorporated herein, and incorporating other penalties and additional conditions. IT IS THEREFORE ORDERED as to Trainer, Delfino Estrada Jr., offense Sample No. NM19451 pertaining to horse “Upper Canyon” and offense Sample No. NM19548 pertaining to horse “Mts No Marks On Me,” and offense Sample No. NM19584 pertaining to horse “Raise Your Version,” Trainer Estrada Jr. is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Ritalinic Acid (metabolite of methylphenidate and Ethylphenidate) and Methamphetamine) in a horse he is training. As such, Trainer, the Owners, and the horses “Upper Canyon,” “Mts No Marks On Me,” and “Raise Your Version,” shall be assessed penalties as follows with conditions as follows:

      1. Appellant Trainer Delfino Estrada Jr. is assessed a fine in the amount of $50,000 or 50% of the total purse, whichever is greater, for each violation to be paid in one lump sum prior to appearing before the Commission as set forth in IV below;
      2. Appellant Trainer Delfino Estrada Jr. is assessed a suspension of three (3) years for each violation for a total of nine (9) years;
      3. Once eligible, Appellant Trainer Delfino Estrada Jr. must retake and pass the trainer’s test prior to the nine (9) year suspension of his license being lifted;
      4. Once eligible, Appellant Trainer Delfino Estrada Jr. must personally appear before the Commission prior to the suspension of the license being lifted and after having taken and passed the trainer’s test. Appellant Trainer Delfino Estrada Jr. must request to be placed on the Agenda;
      5. Appellant Trainer Delfino Estrada Jr. is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;
      6. In regards to Owner, Delfino Estrada Jr. for the offense of the positive test of Ritalinic Acid (metabolite of Methylphenidate and Ethylphenidate) Sample No. NM19584 pertaining to horse “Raise Your Version” which placed 2nd in the 1st race at the SunRay Racetrack in Farmington, NM on May 22, 2016 the penalty imposed shall be disqualification and loss of the purse for this race, and “Raise Your Version” shall be placed on the veterinarian’s list for ninety (90) days;
      7. In regards to Owner, Castulo Noe Morales for the offense of the positive test of Ritalinic Acid (metabolite of Methylphenidate and Ethylphenidate) Sample No. NM19548 pertaining to horse “Mts No Marks On Me” which placed 1st in the 2nd race at the SunRay Racetrack in Farmington, NM on May 20, 2016 the penalty imposed shall be disqualification and loss of the purse for this race, and “Mts No Marks On Me” shall be placed on the veterinarian’s list for ninety (90) days;
      8. In regards to Owner, Tomas L. Avitia for the offense of the positive test of Ritalinic Acid (metabolite of Methylphenidate and Ethylphenidate) and Methamphetamine Sample No. NM19451 pertaining to horse “Upper Canyon” which placed 1st in the 1st race at the SunRay Racetrack in Farmington, NM on May 9, 2016 the penalty imposed shall be disqualification and loss of the purse for this race, and “Upper Canyon” shall be placed on the veterinarian’s list for ninety (90) days;
      9. “Upper Canyon,” “Mts No Marks On Me,” and “Raise Your Version” must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.
This Decision and Order shall be served upon Appellant Trainer Delfino Estrada Jr. and owner Tomas Avita and owner Castulo Noe Morales. This Order will take effect on September 25, 2017. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA within 30 days of the date that this Order was signed by the Commission. IT IS SO ORDERED.
Name: Robertino Diodoro Ruling Date: 9/18/2017
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C17112 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Robertino Diodoro is hereby assessed a civil penalty of Two Hundred Dollars ($200) for bringing the wrong horse to the paddock, necessitating a late scratch from the 7th race at Canterbury Park on September 16th, 2017.

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

Name: OSCAR CARRETE Ruling Date: 9/18/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-16 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
BEFORE THE NEW MEXICO RACING COMMISSION
STATE OF NEW MEXICO

IN THE MATTER OF THE RACE APPEAL BY OWNER OSCAR CARRETE APPLICANT ID NO. 33148 OF THE SUNRAY PARK BOARD OF STEWARDS DECISION ON MAY 21, 2017, RACE 4, HORSE “CARTELS”

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on a review of the Race Review Committee’s recommendation regarding a Race Appeal to the Commission; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, appellant appeared before the Race Review Committee in person; WHEREAS, the Race Review Committee made a recommendation to the Commission to grant the appeal based on the testimony and evidence presented; WHEREAS, the Commission voted in open and public session to adopt the recommendations in this matter with a quorum present; WHEREAS, the Commission finds that the Appeal should be granted and that the Official Order of Finish shall be changed to 1-5-4-10-9-3DH*-6DH*-2-8-7. (*3-6 Dead Heat). IT IS THEREFORE ORDERED that the Appeal is granted and that the Official Order of Finish shall be changed to 1-5-4-10-9-6-3-2-8-7. This Decision and Order shall be served upon Appellant in accordance with law and is effective on the date of filing. This Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. IT IS SO ORDERED.

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

IN THE MATTER OF RACE APPEAL BY OWNER JAIME BUJANDA APPLICANT ID NO. 34399 OF THE RUIDOSO DOWNS BOARD OF STEWARDS DECISION ON JULY 1, 2017, RACE 9, HORSE “DOCS FIRST FIRE”

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on a review of the Race Review Committee’s recommendation regarding a Race Appeal to the Commission; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, appellant appeared before the Race Review Committee in person; WHEREAS, the Race Review Committee made a recommendation to the Commission to grant the appeal based on the testimony and evidence presented; WHEREAS, the Commission voted in open and public session in this matter with a quorum present to adopt the recommendations of the Race Review Committee and grant the appeal; WHEREAS, the Commission finds that the Appeal should be granted and that the Official Order of Finish shall be changed to 10-8-9-2-1-6-3-5-4-7. IT IS THEREFORE ORDERED that the Appeal is granted and that the Official Order of Finish shall be changed to 10-8-9-2-1-6-3-5-4-7. This Decision and Order shall be served upon Appellant in accordance with law and is effective on the date of filing. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. IT IS SO ORDERED.

Name: Angelia K Negron Ruling Date: 9/18/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 80-2017 Del Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/28/2017 Suspension End:
Ruling Text: Hot Walker Angelia K. Negron, RCI Id 1958394, DOB 10/11/1989, is suspended indefinitely for testing positive for a dangerous controlled substances (THC, Opiates and BZO) on August 28, 2017. It is further ordered that to receive consideration for reinstatement, Ms. Negron shall be required to successfully complete such a rehabilitation program as required by the stewards. During the period of her suspension, she shall be denied the privieges of all grounds under the jurisdiction of the Delaware Thoroughbred Racing Commission. Refer to D.T.R.C. Rules 2.5, 2.51.17.1,21.0,1.1 and 3.4
Name: MICHAEL MEGARIZ Ruling Date: 9/18/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-19 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
BEFORE THE NEW MEXICO RACING COMMISSION
STATE OF NEW MEXICO

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

DECISION AND ORDER

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

IT IS THEREFORE ORDERED that the Appeal is denied and that the Official Order of Finish shall remain as issued by the Stewards. This Decision and Order shall be served upon Appellant in accordance with law and is effective on the date of filing. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. IT IS SO ORDERED.

Name: RONNIE H WRENN Ruling Date: 9/18/2017
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2017-NDP-203 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #1 Viewlander in race 3 on 9/12/17 he did drive inside the pylons. O.S.R.C.-3769-14-53  14-99
Name: ADEMAR SOUZA DOS SANTOS Ruling Date: 9/18/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 87-2017 Ruling Type: Update Previous Ruling
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/10/2017 Suspension End: 9/16/2017
Ruling Text: September 4, 2017

Delaware Park Stewards Ruling

(87-2017)

Jockey Ademar Dos Santos, RCI ID 1439691, DOB 8/26/1975, having withdrawn his appeal of ruling # 62-2017, is suspended for seven (7) calendar days from Sunda y, September 10, 2017, through and including Saturda y, September 16, 2017 Refer to D.T.R.C. Rules 3.3, 14.15.1 and 14.16.1.

Name: Carlos Constancio Gonzalez Ruling Date: 9/18/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-20 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:

STATE OF NEW MEXICO
BEFORE THE RACING COMMISSION

IN THE MATTER OF CARLOS GONZALEZ, TRAINER, APPLICANT ID NO. 28926 MELAQUIAS VALDEZ, OWNER, APPLICANT ID NO. 25906 POSITIVE SAMPLE NO. NM15188 HORSE “DEFINITELY NOT”

Respondents.

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on review of the hearing officer’s report regarding the above named Trainer and Owner; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material; WHEREAS, the hearing officer’s report is attached to this Decision and Order; WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law incorporated herein by reference. WHEREAS the Commission voted unanimously to adopt the recommendations of the Hearing Officer, incorporated herein. IT IS THEREFORE ORDERED as to Trainer Carlos Gonzalez offense Sample No. NM15188 pertaining to horse “Definitely Not:”

      1. That the Contemplated Disciplinary Action against Respondents be dismissed without prejudice; and
      2. The purse in this matter for “Definitely Not” be released.
This Decision and Order shall be served upon Appellant Trainer Carlos Gonzalez. This Order will take effect upon the date of filing. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA within 30 days of the date that this Order was signed by the Commission. IT IS SO ORDERED.
Name: HENRY DOMINGUEZ Ruling Date: 9/18/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-17 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
BEFORE THE NEW MEXICO RACING COMMISSION
STATE OF NEW MEXICO

IN THE MATTER OF RACE APPEAL BY TRAINER HENRY DOMINGUEZ APPLICANT ID NO. 11241 OF THE RUIDOSO DOWNS BOARD OF STEWARDS DECISION ON JUNE 24, 2017, RACE 9, HORSE “BLAZING NAVARONE”

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on a review of the Race Review Committee’s recommendation regarding a Race Appeal to the Commission; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, appellant appeared before the Race Review Committee in person; WHEREAS, the Race Review Committee made a recommendation to the Commission to deny the appeal based on the testimony and evidence presented; WHEREAS, the Commission voted in open and public session in this matter with a quorum present to adopt the recommendations of the Race Review Committee and deny the appeal; WHEREAS, the Commission finds that the Appeal should be denied and that the Official Order of Finish shall remain as issued by the Stewards. IT IS THEREFORE ORDERED that the Appeal is denied and that the Official Order of Finish shall remain as issued by the Stewards. This Decision and Order shall be served upon Appellant in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. IT IS SO ORDERED.

Name: JEFFREY LOREN SMITH Ruling Date: 9/17/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-31 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 Jeff Smith, having been summoned and having appeared before Board of Stewards on , September 17, 2017, for careless riding during the running of the 10th race on September 16, 2017 , while aboard #8 “Paymefirst” ( at the 3/16 pole, the #3 bore in when the rider whipped it bumping into the #2 and pushing it out of its position)

Licensee is found in violation of: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(a) NMAC: Which states in pertinent part that “When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede, or intimidate any other horse, it is a foul.”

This ruling is written in accordance with: 15.2.5.13(E)(3)(c) NMAC: Post to Finish Which states in pertinent part that “If the Stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey.” 15.2.5.13(E)(3)(d) NMAC: Post to Finish The offending horse may be disqualified, if in the opinion of the stewards, the foul altered the finish of the race, regardless of whether the foul was accidental, willful or the result of careless riding. 15.2.5.13(E)(4)(a) NMAC Disqualification. When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horse as in their judgment it interfered with, or they may place it last

For this violation during the 2017 The New Mexico Staate Fair Meet meet, the board of stewards assessed Jeff Smith a fine of $200.00. The fine is to be paid on or before October 15, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

16.47.1.8. T. KNOWLEDGE OF RULES:

Name: JUSTINE M KLAIBER Ruling Date: 9/17/2017
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2017-PRM-67 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/23/2017 Suspension End: 9/30/2017
Ruling Text:
Jockey Justine Klaiber is hereby suspended for three racing days, Saturday, September 23, Sunday, September 24 and Friday, September 29, 2017. Specifically, Jockey Klaiber while aboard #5 “JJSIR JAMES” drifted out several paths while whipping left handed.  The term of suspension shall not prohibit participation in designated races.
Name: CESAR EDUARDO GOMEZ-TREVIZO Ruling Date: 9/17/2017
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2017-PRM-66 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/23/2017 Suspension End: 9/30/2017
Ruling Text:
Jockey Cesar Gomez-Trevizo is hereby suspended three racing days,  Saturday, September 23, Sunday, September 24 and Friday, September 29, 2017 for careless riding in the sixth (6th) race on Saturday, September 16, 2017.
Specifically, Jockey Gomez-Trevizo aboard #1 “Dauns First Desirio” came out in late stretch interfering with #3 “Kowboy Jim”, ridden by Jockey Oscar Delgado.  The term of suspension shall not prohibit participation in designated races.
Name: CHRISTIAN HIRALDO Ruling Date: 9/16/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-131 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/21/2017 Suspension End: 9/24/2017
Ruling Text: Jockey, Christian Hiraldo, Permit #11976; SS# xxx-xx-4368, is suspended for Three (3) Racing Days, beginning Thursday, September 21, Friday September 22, and including Saturday, September 23, 2017 for violation of rule of Racing 178-1-45.7.b.1 which reads, “A jockey shall not ride carelessly or willfully so as to permit his or her mount to interfere with, impede or intimidate any other horses in the race. “

Jockey Christian Hiraldo is suspended for allowing his mount (#9) “Brenda J” to drift in near the quarter pole, causing interference to (#4) “Charitable Luck” and to (#8) “WakingNightmare” during the running of the Fifth (5th) race on Thursday, September 14 2017.

“Brenda J” was disqualified from First (1st) position to Fourth (4th)

Name: Robertino Diodoro Ruling Date: 9/16/2017
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C17108 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Robertino Diodoro is hereby assessed a civil penalty of One Hundred Dollars ($100) for failure to have the horse Dale the Bug Man on the grounds by the assigned time, necessitating a late scratch from the 3rd race at Canterbury Park on September 16th, 2017.

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

Name: LOUIS A BATISTA Ruling Date: 9/16/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-130 Ruling Type: Failure to Report or Make Correct Weight
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey, Luis Batista, is hereby fined One-Hundred ($100.00) Dollars for not reporting his weight, on Thursday, September 14, 2017, for the Seventh (7) Race. This is in violation of West Virginia Rule of Racing Number 178-1-45.5.d which states, “Any overweight shall be declared by a jockey to the clerk of scales at the time appointed in advance of a race. The clerk of scales shall report to the stewards any failure on the part of any jockey to comply with this subdivision.” All fines imposed by the Stewards shall be paid to the Racing Commission within Seven (7) Calendar days after the ruling is issued, unless otherwise ordered by the Stewards, Per Rule of Racing Number 178-1-8.5.n.
Name: Bernardo Villa Ruling Date: 9/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-96 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 9/16/2017 Suspension End: 3/15/2018
Ruling Text: Owner: Bernardo Villa, having been duly notified and having appeared before the Board of Stewards on Sep.16, 2017, for the falsification of federal forms (health certificate) for the horse “Westa” on Aug 11, 2017, at The Downs at Albuquerque.

Licensee is found to be in violation of:16.47.1.8(L)(1)(f) CONDUCT MAKING FALSE OR MISLEADING STATEMENTS 16.47.1.8 (L)(1)(i) – CONDUCT DETRIMENTAL TO HORSE RACING After hearing testimony and presenting evidence the Board of Stewards issued Bernardo Villa a penalty of: A fine in the amount of two thousand and five hundred dollars ($2,500.00). The fine is to be paid on or before Oct 16, 2017, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension. A 6 month suspension of all NMRC licenses starting Sep 16, 2017, through March 15, 2018 inclusive.

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

During said time of applicable suspension, Bernardo Villa is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b). Additionally, effective upon applicable suspension dates, all horses owned or under the care of Bernardo Villa are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

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

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

Name: Michael Barber Ruling Date: 9/16/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-28 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Michael K. Barber having been duly notified twice Telephonically in accordance with 15.2.1.9(B)(4)(d) , by the Board of Stewards on September 16 , 2017 for failure to declare equipment (Blinkers On) at time of entry for “She Knows Who” entered in the 6th race on September 13, 2017 at The New Mexico State Fair Race Track..

Narative: Blinkers were Taken off at the gate.

Licensee is found to be in violation of: 15.2.5.8 (B)(10) Procedure For Entries Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.5.8 (B)(6) Procedure For Entries No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards 15.2.5.13 (A)(6) Equipment For The Running Of The Race: No licensee may add blinkers to a horse's equipment or discontinue their use without the prior approval of the starter, the paddock judge, and the stewards.

For this rule violation, the Board of Stewards assessed Michael K. Barber a penalty in the amount of one hundred dollars ($ 100.00). The fine is to paid on or before October 13, 2017, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is written in accordance with: 16.47.1.8. T. KNOWLEDGE OF RULES:

Name: FRANCISCO RAUL RAMIREZ Ruling Date: 9/16/2017
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2017-PRM-64 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/15/2017 Suspension End:
Ruling Text:
You are hereby notified that the undersigned Board of Stewards is summarily suspending your license in accordance with 491 IAC 4.6(4). Effective September 15, 2017, you are summarily suspended pending the Board of Stewards decision regarding your hearing.  Under 491 IAC 4.47(17A), 491 IAC 4.47(1), you pose an immediate danger to the public health, safety, or welfare for the alleged violation of; 491 IAC 6.5(3) “d”& “i”; 491 IAC 10.5(1)“a”(1) & (2); 491 IAC 10.7(1)”a”, ”d”(1); 491 IAC 10.7(1)”f.”
  
On September 14, 2017, the Board of Stewards received a report from Iowa State University of Veterinarian Diagnostic Laboratory stating sample #945697 tested positive for ARCI Class 2 substance Zilpaterol.  Sample #945697 belonged to Owner Rogelio Garza, Trainer Francisco Ramirez’s horse “TLC Dale” which finished first in the second race on September 2, 2017. Class 2 substances as defined by ARCI are stimulants and depressants that have the highest potential to affect performance and that have no generally accepted medical use in the racing horse.   
 
491 IAC 6.5(3) Has been involved in any fraudulent or corrupt practices, including, but not limited to: “d”. Violation of any law of the state or rule of the commission, or aiding or abetting any person in the violation of any such law or rule 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; 10.5(1) Trainer “a” The trainer is responsible for: (1) The condition of horses entered in an official workout or race and, in the absence of substantial evidence to the contrary, for the presence of any prohibited drug, medication or other substance, including permitted medication in excess of the maximum allowable level, in such horses, regardless of the acts of third parties. A positive test for a prohibited drug, medication, or substance, including permitted medication in excess of the maximum allowable level, as reported by a commission-approved laboratory, is prima facie evidence of a violation of this rule or Iowa Code chapter 99D.  (2) Preventing the administration of any drug, medication, or other prohibited substance that may cause a violation of these rules; 491 IAC 10.7(1)”d” Administration or Possession of Drugs. (1) No person shall administer, cause to be administered, or participate or attempt to participate in any way in the administration of any medication, drug, foreign substance, or treatment by any route, to a horse registered for racing on the day of the race prior to the race in which the horse is entered and 491 IAC 10.7(1)”f” The owner, trainer, groom, or any other person having charge, custody, or care of the horse is obligated to protect the horse properly and guard it against the administration or attempted administration of a substance in violation of this rule. If the stewards find that any person has failed to show proper protection and guarding of the horse, or if the stewards find that any owner, lessee, or trainer is guilty of negligence, they shall impose discipline and take other action they deem proper under any of the rules including referral to the commission.
  
You have allegedly engaged in conduct in Iowa that has been dishonest, undesirable, detrimental to, or reflects negatively on, the integrity or best interests of racing and gaming.  Based upon your alleged conduct and the sufficiency of the factual information submitted, a summary suspension of your license is warranted. Your position as a Trainer is a position of highest responsibility affecting jockeys, horses, as well as patrons.  The suspension of your license is necessary to protect the jockeys, horses and the public’s health, safety and welfare, as well as the integrity of horse racing.
 
You will be notified in writing by the Board of Stewards regarding the date and time of your hearing.  You are barred from participating in, or working at, any pari-mutuel racetrack or gaming facility licensed to operate in the state of Iowa.  
 
Name: EMILIO CADENA Ruling Date: 9/17/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-26-MOD Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2017-NMS-26 - Modified Ruling This ruling is in error. The Starter failed to turn in the flipping halter off card to the race office.
Name: EMILIO CADENA Ruling Date: 9/16/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-26 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer: Emilio Cadena Jr. having been duly notified, and appeared telephonically before the Board of Stewards on September 15, 2017, for failure to declare equipment (Flipping Halter Off) at time of entry for “My Dekalb Diva” entered in the 2nd race on September 13, 2017 at The New Mexico State Fair Race Track.

Licensee is found to be in violation of: 15.2.5.8 (B)(10) Procedure For Entries Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.5.8 (B)(6) Procedure For Entries No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards

For this rule violation, the Board of Stewards assessed Emilio Cadena Jr. a penalty in the amount of one hundred dollars ($ 100.00). The fine is to paid on or before October 13, 2017, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is written in accordance with: 16.47.1.8. T. KNOWLEDGE OF RULES:

Name: ISAIAS GONZALEZ CARDENAS Ruling Date: 9/16/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-29 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 Isaias Cardenas, having been summoned and having appeared before the Board of Stewards on September 16, 2017, for failure to make sufficient effort to maintain his lane while aboard “Dash Back Jess” in the 5th race on September 15, 2017 at the New Mexico State Fair.

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

The Board of Stewards hereby assess, Isaias Cardenas a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before October 14, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is written in accordance with: 16.47.1.8. T. KNOWLEDGE OF RULES:

Name: FLAVIO LOZANO Ruling Date: 9/16/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-27 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 Flavio Lozano, having been summoned and having appeared before the Board of Stewards on September 16, 2017, for failure to make sufficient effort to maintain his lane while aboard “James D Man” in the 5th race on September 15, 2017 at the New Mexico State Fair.

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

The Board of Stewards hereby assess, Flavio Lozano a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before June 14, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is written in accordance with: 16.47.1.8. T. KNOWLEDGE OF RULES:

Name: CHRISTIAN RUBEN ESQUEDA Ruling Date: 9/16/2017
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2017-PRM-65 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
A hearing was held for Jockey Cristian Esqueda-Garcia on September 16, 2017 for an alleged violation of indiscriminate whipping of his horse “Givinitalittleeffort” during the parade to post of the eighth race on September 15, 2017.   Jockey Esqueda-Garcia appeared in person for his hearing and acknowledged he hit “Givinitalittleeffort” with his whip during the parade to post for the eighth race.  
 
The Board finds Jockey Esqueda-Garcia’s use of the whip was unnecessary, and indiscriminate.  Therefore, the Board finds Jockey Cristian Esqueda-Garcia in violation of 491 IAC 10.5(2)”j”(4), and fines Jockey Esqueda-Garcia two hundred dollars ($200.00.)  
Name: Amber Louann Meyaard Ruling Date: 9/15/2017
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2017-NP-T#55 Ruling Type: Appeal/Stay Granted
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Having appeared before the Appeal Tribunal regarding Horse Racing Alberta Ruling #53 dated September 2, 2017, was hereby granted a stay.
Name: DWIGHT ANTHONY LEWIS Ruling Date: 9/15/2017
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2017-WUD-11 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Careless Riding
Name: DWIGHT ANTHONY LEWIS Ruling Date: 9/15/2017
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2017-WUD-11-FO Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2017-WUD-11 - Ruling Final Outcome
Name: CHARLES F.'BUTCH' MCDONALD Ruling Date: 9/15/2017
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2017-WUD-9 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:
Regarding Horse papers not correct
Name: CHARLES F.'BUTCH' MCDONALD Ruling Date: 9/15/2017
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2017-WUD-9-FO 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: RE: 2017-WUD-9 - Ruling Final Outcome
Name: VINCENT PALMER Ruling Date: 9/15/2017
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2017-WUD-10 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: 9/10/2017 Suspension End: 10/9/2017
Ruling Text:
Fail Drug Test
Name: VINCENT PALMER Ruling Date: 9/15/2017
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2017-WUD-10-FO Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: 9/10/2017 Suspension End: 10/9/2017
Ruling Text: RE: 2017-WUD-10 - Ruling Final Outcome
Name: Luke Richard Plano Ruling Date: 9/15/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17054 Ruling Type: Disorderly Conduct
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Luke Plano engaged in a physical altercation in the Barn area at Running Aces Racetrack on September 10, 2017 is hereby fined the sum of One (1) Thousand dollars for violation of MRC Rule 7897.0100 Subpart (8) No person shall provoke or engage in a physical altercation while on the grounds of an association. Driver Plano was issued a full suspension September 12, 2017 through September 18, 2017

MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges Authority MRC Rule 7897.0100 Subpart 8 (prohibited acts ) - Contact with driver

Name: LYNN RAE RARICK Ruling Date: 9/15/2017
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C17109 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Lynn Rarick, having waived her rights to a formal hearing, is hereby assessed a civil penalty of Seven Hundred Fifty Dollars ($750) for a medication violation. A certificate of analysis received from Industrial Laboratories dated August 30, 2017, reported the finding of Phenylbutazone at a concentration of 5.6 +/- 0.4 mcg/mL in serum in Sample No. E240270 taken from Smooth Stroke, 2nd-place finisher in the 7th Race on August 20, 2017 at Canterbury Park. A split sample was sent to the Texas A&M Veterinary Medical Diagnostic Laboratory. A letter was received dated September 13, 2017, confirming the presence of Phenylbutazone at a concentration of 5.3 +/- 0.4 mcg/mL.

This is the trainer's second medication violation on record during the 2017 Canterbury Park race meeting.

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. - General authority 7877.0170 (Duties and Responsibilities of Class C Licensees) Subp. 2.C(3) and (4) (Trainer Responsibility) 7890.0100 (Horse Medication - Definitions) Subp. 13.A(1)(a) - Nonsteroidal anti-inflammatory drugs 7897.0150 (Disciplinary and Appeal Procedures) Subp. 2.A.B.C. - Penalties imposed by stewards

Name: LUIS APODACA DIAZ Ruling Date: 9/15/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-25 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey, Luis A. Apodaca having been duly notified and having appeared before the Board of Stewards on September 15, 2017, for failure to appear in the paddock at the designated time for the 4th race on September 14, 2017, at The New Mexico State Fair.

Licensee is found to be in violation of: 15.2.3.8 B (1) (d) Stewards General authority. The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties.

The Board of Stewards hereby assesses Luis A. Apodaca a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before October 13,2017, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is written in accordance with: 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES:

Name: David M. Lopez Ruling Date: 9/14/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-21 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey David Michael Lopez represented by his agent was telephonically notified by the Board of Stewards on September 13, 2017, for having failed to be excused from, or to notify the Board of Stewards of his absence, and subsequent failure to honor his riding engagement in the Second and Third race on September 12, 2017, at The New Mexico State Fair race track.

Narrative: Mr. Lopez left without notifying the Stewards he would not be at the track to ride on Tuesday September 12, 2017. He had accepted mounts at two tracks.

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

The Board of Stewards hereby assesses David Lopez a penalty in the amount of Two hundred dollars ($200.00). The fine is to be paid on or before October 11, 2017, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is written in accordance with: 16.47.1.8. T. KNOWLEDGE OF RULES:

Name: David M. Lopez Ruling Date: 9/17/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-21-MOD Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2017-NMS-21 - Modified Ruling This ruling was done in error. The race race office did not inform the Stewards that the changes were made prior to the final program print.
Name: KEVIN MONROE WRIGHT Ruling Date: 9/14/2017
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-024-17 Ruling Type: Falsification of License Application
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Kevin M Wright is fined $50.00 for falsification of license application. DHRC rule: 5.1.1.2. All fines are to be paid within 10 days of ruling.
Name: MARK LEE LEMBURG Ruling Date: 9/13/2017
Jurisdiction: Nebraska Racing Commission Facility: Columbus
Ruling Number: CLS-4- Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Mark Lemburg having been propely notified of a formal Stewards hearing and waived that right is hereby fined the sum of Two Hundred Dollars ($200.00) for violation of Nebraska State Racing Commission Rule 9.001.29 (Bute overage at a level of 6.1 ng/ml for the horse "PATTI'S REGRETT" who finished 2nd in the 4th race on Sunday, August 27, 2017 at Columbus Race Track). This is his first violation.

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

Name: AMBROSE PATRICK PACHECO Ruling Date: 9/13/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-19 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 9/25/2017 Suspension End: 3/24/2018
Ruling Text: Owner: Ambrose Pacheco, having been duly notified and failing to appear before the Board of Stewards on Sep.13. 2017, for the falsification of federal forms (health certificate) For the horse "Pure D Fire"on Aug 11, 2017, at The Downs at Albuquerque.

Licensee is found to be in violation of:16.47.1.8(L)(1)(f) CONDUCT MAKING FALSE OR MISLEADING STATEMENTS 16.47.1.8 (L)(1)(i) – CONDUCT DETRIMENTAL TO HORSE RACING After hearing testimony and presenting evidence the Board of Stewards issued Ambrose Pacheco a penalty of:

        1. A fine in the amount of two thousand and five hundred dollars ($2,500.00). The fine is to be paid on or before Oct 13, 2017, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.
        2. A 6 month suspension of al NMRC licenses starting Sep 25, 2017, through March 24, 2018 inclusive.

This penalty has aggrivating Circumstances: Mr. Pacheco falsified the health certificate by: adding a horse that was not inspected by the veterinarian.

During said time of applicable suspension, Ambrose Pacheco is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b). Additionally, effective upon applicable suspension dates, all horses owned or under the care of Ambrose Pacheco are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

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

Name: PAUL WILTON POTIER Ruling Date: 9/18/2017
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22405 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Late to the paddock for the first race September 12, 2017 at Louisiana Downs
Name: JARRED JAMES JOURNET Ruling Date: 9/18/2017
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22406 Ruling Type: License Type Changed
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Apprentice Jockey license withdrawn in lieu of a Jockey license.
Name: JIM BOB ARRINGTON Ruling Date: 9/12/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-15 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on review of the hearing officer’s report regarding the above named Trainer; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material; WHEREAS, the hearing officer’s report is attached to this Decision and Order; WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law incorporated herein by reference; WHEREAS the Commission voted unanimously to adopt the recommendations of the Hearing Officer, incorporated herein. IT IS THEREFORE ORDERED as to Trainer Jim Bob Arrington offense Sample No. NM21154 pertaining to horse “Misty Mirage,” this matter is dismissed. This Decision and Order shall be served upon Appellant Trainer Jim Bob Arrington. This Order will take effect upon the date of filing. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA within 30 days of the date that this Order was signed by the Commission. IT IS SO ORDERED.

Name: MIGUEL A. PEREZ Ruling Date: 9/12/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-6 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/22/2017 Suspension End: 9/26/2017
Ruling Text: Jockey, Miguel Perez, having been summoned and having appeared before the Board of Stewards on September 12, 2017, for careless riding and using poor judgment during the running of the 2nd race on September 11, 2017, at Zia Park, while aboard “ELEUTHEROS”. (Ran up in a bad spot in the turn, which placed himself and his mount in a dangerous position, then he bore in and bumped #3 several times, nearly unseating the 3 rider).

For this violation, the Board of Stewards assess Miguel Perez a suspension of 4 race days (September 23, 2017, September 24, 2017, September 25, 2017, and September 26, 2017). Miguel Perez is allowed to ride designated races.

Licensee is found in violation of: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(a) NMAC: Which states in pertinent part that “When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede, or intimidate any other horse, it is a foul.”

This ruling is written in accordance with: 15.2.5.13(E)(3)(c) NMAC: Post to Finish Which states in pertinent part that “If the Stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey.” 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: DALE GENE LAGERQUIST Ruling Date: 9/12/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17053 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Dale Lagerquist who's assigned stall space at Running Aces Racetrack and Casino was the subject of a search conducted by MRC Personnel Kalue Vang is hereby issued an " OFFICIAL WARNING " for violation of MRC Rule 7890.0110 Subpart 11 (B) " MEDICAL LABELING " and Subpart 12 Compounded medications on association grounds. Additionally is placed on notice that any future violations of these regulations will result in further sanctions.

MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges Authority MRC Rule 7890.0110 Subpart 11 - Medical Labeling MRC Rule 7890.0110 Subpart 12 - Compounded medications on association grounds

Name: RUPERTO R URBINA Ruling Date: 9/18/2017
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22404 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Failure to have his scheduled Starter County Coroner on the grounds of Louisiana Downs at the designated time.
Name: JOEL CHRISTOPHER STURGEON Ruling Date: 9/12/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-13 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 9/25/2017 Suspension End: 9/25/2020
Ruling Text:
DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on review of the hearing officer’s report regarding the above named Trainer and Owner; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material; WHEREAS, the hearing officer’s report is attached to this Decision and Order; WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law incorporated herein by reference; WHEREAS, the Commission finds that Trainer’s actions constitute a violation of New Mexico Racing Commission Rules; WHEREAS the Commission finds there to be sufficient evidence to support the findings of violations on behalf of Trainer; WHEREAS the Commission voted unanimously to adopt some of the penalty recommendations of the Hearing Officer, incorporated herein, and incorporating other penalties and additional conditions. IT IS THEREFORE ORDERED as to Trainer Joel Sturgeon offense Sample No. NM21700 pertaining to horse “Mr. Cowboy Jess,” Trainer Sturgeon is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Zilpaterol) in a horse he is training. As such, Trainer, the Owner, and the horse “Mr. Cowboy Jess,” shall be assessed penalties as follows with conditions as follows:

      1. Trainer Joel Sturgeon is assessed a three-year suspension;
      2. Trainer Joel Strugeon is assessed a fine in the amount of $25,000 to be paid in one lump sum prior to appearing before the Commission as Set forth in IV below;
      3. Once eligible, Trainer Joel Sturgeon must retake and pass the trainer’s test prior to the three (3) year suspension of his license being lifted;
      4. Once eligible, Trainer Joel Sturgeon must personally appear before the Commission prior to the suspension of the license being lifted and after having taken and passed the trainer’s test. Trainer Joel Sturgeon must request to be placed on the Agenda;
      5. Trainer Joel Sturgeon is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;
      6. In regard to Owner, Jose L. Cardenas, for the offense of the positive test of Zilpaterol Sample No. NM21700 pertaining to horse “Mr. Cowboy Jess” which placed 1st in the 4th race at the Zia Park Race Track in Hobbs, NM on November 27, 2016 the penalty imposed shall be disqualification, loss of purse, Mr. Cowboy Jess shall be placed on the veterinarian’s list for ninety (90) days; and
      7. Mr. Cowboy Jess Must pass a commission-approved examination before becoming eligible to be entered.
This Decision and Order shall be served upon Trainer Joel Sturgeon and owner Jose L. Cardenas. This Order will take effect on September 25, 2017. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA within 30 days of the date that this Order was signed by the Commission. IT IS SO ORDERED.
Name: ALEJANDRO ROBLES Ruling Date: 9/12/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-14 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 9/25/2017 Suspension End: 9/12/2020
Ruling Text:
DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on review of the hearing officer’s report regarding the above named Trainer and Owner; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material; WHEREAS, the hearing officer’s report is attached to this Decision and Order; WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law incorporated herein by reference; WHEREAS, the Commission finds that Trainer’s actions constitute a violation of New Mexico Racing Commission Rules; WHEREAS the Commission finds there to be sufficient evidence to support the findings of violations on behalf of Trainer; WHEREAS the Commission voted unanimously to adopt some of the penalty recommendations of the Hearing Officer, incorporated herein, and incorporating other penalties and additional conditions. IT IS THEREFORE ORDERED as to Trainer Alejandro Robles offense Sample No. NM24022 pertaining to horse “Royal Darius,” Trainer Robles is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Zilpaterol) in a horse he is training. As such, Trainer, the Owner, and the horse “Royal Darius,” shall be assessed penalties as follows with conditions as follows:

      1. Appellant Trainer Alejandro Robles is assessed a three-year suspension;
      2. Appellant Trainer Alejandro Robles is assessed a fine in the amount of $25,000 to be paid in one lump sum prior to appearing before the Commission as Set forth in IV below;
      3. Once eligible, Appellant Trainer Alejandro Robles must retake and pass the trainer’s test prior to the three (3) year suspension of his license being lifted;
      4. Once eligible, Appellant Trainer Alejandro Robles must personally appear before the Commission prior to the suspension of the license being lifted and after having taken and having passed the trainer’s test. Appellant Trainer Alejandro Robles must request to be placed on the Agenda.
      5. Appellant Trainer Alejandro Robles is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;
      6. In regard to Owner, Maria D. Carreon, for the offense of the positive test of Zilpaterol Sample No. NM24022 pertaining to horse “Royal Darius” which placed 1st in the 11th race at the Zia Park Race Track in Hobbs, NM on September 25, 2016 the penalty imposed shall be disqualification, loss of the purse, the horse shall be placed on the veterinarian’s list for ninety (90) days and must pass a commission-approved examination before becoming eligible to be entered.
This Decision and Order shall be served upon Appellant Trainer Alejandro Robles and owner Maria D. Carreon. This Order will take effect on September 25, 2017. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA within 30 days of the date that this Order was signed by the Commission. IT IS SO ORDERED.
Name: Luke Richard Plano Ruling Date: 9/12/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17052 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/12/2017 Suspension End: 9/18/2017
Ruling Text: Driver Luke Plano is hereby summarily suspended, In order to protect public safety, Health and welfare as his conduct may be in violation of statute or rules of the commission and may adversely affect the integrity of horse racing. During the summary suspension, Driver Luke Plano is denied privileges of the grounds of all racetracks under the jurisdiction of the Minnesota Racing Commission.

Minnesota Statute : 240.08 ( Occupation Licenses ) Subd. 5 - Revocation and suspension

Minnesota Rules: 7879.0200 ( Authority and Duties of Stewards ) Subp. 1.A.C. - General Authority of Stewards 7897.0150 ( Disciplinary and Appeal Procedures ) Subp. 1. A. - Stewards Meetings

Name: SAMUEL ROBLEDO Ruling Date: 9/12/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-12 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 9/25/2017 Suspension End: 9/25/2020
Ruling Text:
DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on review of the hearing officer’s report regarding the above named Trainer and Owner; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material; WHEREAS, the hearing officer’s report is attached to this Decision and Order; WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law incorporated herein by reference; WHEREAS, the Commission finds that Trainer’s actions constitute a violation of New Mexico Racing Commission Rules; WHEREAS the Commission finds there to be sufficient evidence to support the findings of violations on behalf of Trainer; WHEREAS the Commission voted unanimously to adopt the penalty recommendations of the Hearing Officer, incorporated herein, and incorporating additional conditions. IT IS THEREFORE ORDERED as to Trainer Samuel Robledo offense Sample No. NM18383 pertaining to horse “Sweet Lady Corona,” Trainer Robledo is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Zilpaterol) in a horse he is training. As such, Trainer, the Owner, and the horse “Sweet Lady Corona,” shall be assessed penalties as follows with conditions as follows: Samuel Robledo as Trainer

      1. A suspension of three (3) years, pursuant to regulation 15.2.6.9(C)(1) NMAC (9/15/2015); and
      2. A fine of $25,000 or 25% of the total purse, whichever is greater, to be paid in one lump sum prior to appearing before the Commission as set forth in IV below.
      3. Once eligible, Appellant Trainer Samuel Robledo must retake and pass the trainer’s test prior to the three (3) year suspension of his license being lifted;
      4. Appellant Trainer Samuel Robledo must personally appear before the Commission prior to the suspension of the license being lifted and after having taken and passed the trainer’s test. Appellant Trainer Samuel Robledo must request to be placed on the Agenda;
      5. Appellant Trainer Samuel Robledo is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;

Jaime Brito as Owner VI. For the offense of the positive test of Zilpaterol Sample No. NM18383 pertaining to horse “Sweet Lady Corona” which placed 1st in the 2nd race at the Zia Park Race Track in Hobbs, NM on November 2, 2015 the penalty imposed shall be disqualification and unplaced; VII. Loss of purse; and VIII. Sweet Lady Corona shall be placed on the veterinarian’s list for one hundred twenty (120) days and must pass a Commission-approved examination before becoming eligible to be entered in any race which is governed by the New Mexico Racing Commission This Decision and Order shall be served upon Trainer Samuel Robledo and Owner Jaime Brito. This Order will take effect on September 25, 2017. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA within 30 days of the date that this Order was signed by the Commission. IT IS SO ORDERED.

Name: EFRAIN GONZALEZ VIGI Ruling Date: 9/11/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-5 Ruling Type: Failure to Report or Make Correct Weight
Breed: Mixed Division: Mixed
Fine Amount: $ 400 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey, Efrain Gonzalez-Vigi having been summoned and having appeared before the Board of Stewards, on September 10, 2017, for failure to make his reported weight, which resulted in a late scratch and mutuel refund for entry “MSFERRARI EDITION” in the 9th race on September 9, 2017, at Zia Park Racetrack.

The Board of Stewards hereby assesses Efrain Gonzalez-Vigi. a penalty in the amount of four hundred dollars ($400.00). The fine is to be paid on or before October 11, 2017, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

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

Name: Jennie Lee Saldana Ruling Date: 9/11/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 98-2017 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 11, 2017,

Delaware Park Stewards Ruling

(98-2017)

Owner-Trainer Jennie Wilhelm-Saldana, RCI Id 1960540, DOB 7/14/1969, is hereby fined the sum One Hundred ($100.00) dollars for falsification of her 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: DANIEL ROBERTO RUIZ AMAYA Ruling Date: 9/11/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-12 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Daniel Ruiz Amaya having been duly notified was represented by his agent before the Board of Stewards on September 10, 2017, for having failed to be excused from, or to notify the Board of Stewards of his absence, and subsequent failure to honor his riding engagement in the Fourth and Ninth race on September 10, 2017, at The New Mexico State Fair race track.

Narrative: Mr. Amaya left without notifying the Stewards he would not be at the track to ride on Sunday September 10, 2017. He had no known Excuse.

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

The Board of Stewards hereby assesses Daniel Ruiz Amaya a penalty in the amount of Two hundred dollars ($200.00). The fine is to be paid on or before October 9, 2017, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is written in accordance with: 16.47.1.8. T. KNOWLEDGE OF RULES:

Name: RAYMOND LEWIS DAVIS Ruling Date: 9/11/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 96-2017 DEL Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 11, 2017,

Delaware Park Stewards Ruling

(96-2017)

Owner Raymond L. Davis, RCI Id 1989164, DOB 211311949, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded month/Y)

Name: MARTIN RODRIGUEZ ORONA Ruling Date: 9/11/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-4 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Martin Orona Sr having been represented by Martin Orona Jr., who waived his rights to a 10 day notice and formal hearing, before the Board of Stewards on September 11, 2017, for failure to declare equipment (Flipping Halter Off) at time of entry for “SINSATIONAL TACHA”, entered in the 6th race on September 10, 2017 at Zia Park Racetrack.

For this rule violation, the Board of Stewards assessed Martin Orona Sr a penalty in the amount of two hundred dollars ($ 200.00). The fine is to paid on or before October 11, 2017, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of: 15.2.5.8 (B)(10) Procedure For Entries Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.5.8 (B)(6) Procedure For Entries No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards 15.2.5.13 (A)(6) Equipment For The Running Of The Race: No licensee may add blinkers to a horse's equipment or discontinue their use without the prior approval of the starter, the paddock judge, and the stewards. 15.2.6.11(E)(10)Trainer Responsibility The trainer is responsible for ensuring proper bandages, equipment and shoes.

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

Name: GINA ANNE ROSENTHAL Ruling Date: 9/11/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 97-2017 DEL Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 11, 2017,

Delaware Park Stewards Ruling

(97-2017)

Owner- Trainer Gina Rosenthal, RCI Id 141943, DOB 411311973, is hereby fined the sum One Hundred ($100.00) dollars for falsification of her 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthl;JJ

Name: Timothy Allen Brown Ruling Date: 9/11/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17051 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Timothy Brown who drove #5 JOHNNY BE ON TIME in the fifth race at Running Aces Racetrack and Casino on September 9, 2017 is hereby fined the sum of fifty (50) dollars for violation of MRC Rule 7884.0260 Subpart 1 (F) - Fail to come up into position and on the gate

MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges Authority MRC Rule 7884.0260 Subpart 1 (F) - Driving Rules

Name: RICHARD J COBURN Ruling Date: 9/11/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 100-2017 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 11, 2017,

Delaware Park Stewards Ruling

(100-2017)

Owner Richard Coburn, RCI Id 255541, DOB 912511935, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthlYJ

Name: RANDLE L GLOSSON Ruling Date: 9/11/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 95-2017 DEL Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 11, 2017,

Delaware Park Stewards Ruling

(95-2017)

Owner Randle L. Glosson, RCI Id 33221, DOB 11/21/1951, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded month/YJ

Name: EMMA LENAE CLEARY Ruling Date: 9/18/2017
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22403 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/11/2017 Suspension End:
Ruling Text:
Owner license revoked for failure to disclose multiple felony arrests and convictions on her 2017 license application.
Name: TYLER STEPHEN GAFFALIONE Ruling Date: 9/11/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 99-2017 DEL Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 11, 2017,

Delaware Park Stewards Ruling

(99-2017)

Jockey Tyler Gaffalione, RCI Id 2063241, DOB 09/12/1994, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthlYJ

Name: GINA PERRI Ruling Date: 9/11/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 104-2017 Ruling Type: Update Previous Ruling
Breed: Thoroughbred Division: Horse
Fine Amount: $ 400 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 11, 2017

Delaware Park Stewards Ruling

(104-2017) PII ONE:(302) 994-2S2 I EXT. 7246 FAX: (302) 993-8932

Owner -Trainer Gina Perri, RCI Id 2091118, DOB 4/05/1991, is fined the sum of One Hundred ($100.00) dollars for a $250.00 Dollar NSF check as a payment of ruling 69-2017; issued to Delaware Thoroughbred Racing Commission, plus Thirty Five ($35.00) dollars for bank charge and a Fifteen ($15.00) dollars administrative cost, for a total of Four Hundred ($400.00) dollars. Ms. Perri is hereby suspended indefinably pending a full payment of the monies owed to the Delaware Thoroughbred Racing Commission including ruling 78-2017 with a Five hundred ($500.00) dollar fine. Refer to D.T.R.C. rules 6.9 and 3.4. Fine to be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded month/JI).

Name: WILLIAM B HERNANDEZ Ruling Date: 9/11/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17050 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver - William Hernandez who drove #6 MY HEARTS CONQUEST in the third race at Running Aces Racetrack and Casino on September 9, 2017 is hereby fined the sum of fifty (50) dollars for violation of MRC Rule 7884.0200 Subpart 1 F - Fail to come up into position and on the gate.

MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges Authority MRC Rule 7884.0260 Subpart 1 (F) - Driving Rules

Name: RODOLFO GUADALUPE VALLES Ruling Date: 9/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-1 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 9/5/2017 Suspension End: 10/5/2017
Ruling Text: Trainer Rodolfo Valles having waived his rights to a 10 day notice and formal hearing before the Board of Stewards on September 10, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Belly Button Who”(Test Sample #: NM27783), who finished 3rd place in the 4th race on August 12, 2017, at Ruidoso Downs in Ruidoso, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Rodolfo Valles. Jerry Cannon and Sheree Cannon are the owners of record for horse “Belly Button Who”. This is their FIRST Class 3B medication violation in a lifetime.

For Trainer Rodolfo Valles’s First Class 3B medication violation, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 30 day suspension of all NMRC licenses retroactive from September 5, 2017, through October 5, 2017, inclusive.
    2. A ($750) seven hundred and fifty dollar fine to paid on or before October 10, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension Rodolfo Valles is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Rodolfo Valles are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol /16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9(B)(2) Penalty recommendations This ruling is written in accordance with 15.2.6.11(A) NMAC: Trainer Responsibility16.47.1.10(B)(1) NMAC: Absolute Insurer 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: SHEREE Y CANNON Ruling Date: 9/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-3 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners Jerry Cannon and Sheree Cannon having been noticed telephonically for an informal hearing before the Board of Stewards on September 10, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Belly Button Who”(Test Sample #: NM27783), who finished 3rd place in the 4th race on August 12, 2017, at Ruidoso Downs in Ruidoso, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by their trainer Rodolfo Valles. Rodolfo Valles, the trainer of record for horse “Belly Button Who”, waived his rights to a 10 day notice and formal hearing. This is Rodolfo Valles’s FIRST Class 3B medication violation in a lifetime.

For Owners Jerry Cannon and Sheree Cannon’s First Class 3B medication violation, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Belly Button Who” is placed on the Stewards list for a period of 60 days (beginning August 24, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Belly Button Who” is hereby disqualified from THIRD PLACE and ordered unplaced from the 4th race on August 12, 2017, at Ruidoso Downs, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. On the Low Down
                2. PJ’s Gold
                3. The Great Dome
                4. Sparky Wo
                5. Rio Innoko
                6. Gee Whiz Who
                7. Southwestern Charm
Unplaced “Belly Button Who

Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol /16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9(B)(2) Penalty recommendations This ruling is written in accordance with 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: SHEREE Y CANNON Ruling Date: 9/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-3-MODPEN Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2017-ZIA-3 - Modified Penalty15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules.

Owners Jerry Cannon and Sheree Cannon having been noticed telephonically for an informal hearing before the Board of Stewards on September 10, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Belly Button Who”(Test Sample #: NM27783), who finished 3rd place in the 4th race on August 12, 2017, at Ruidoso Downs in Ruidoso, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by their trainer Rodolfo Valles. Rodolfo Valles, the trainer of record for horse “Belly Button Who”, waived his rights to a 10 day notice and formal hearing. This is Rodolfo Valles’s FIRST Class 3B medication violation in a lifetime.

For Owners Jerry Cannon and Sheree Cannon’s First Class 3B medication violation, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

        1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Belly Button Who” is placed on the Stewards list for a period of 60 days (beginning August 24, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
        2. The horse “Belly Button Who” is hereby disqualified from THIRD PLACE and ordered unplaced from the 4th race (Trials) on August 12, 2017, at Ruidoso Downs, for all but pari-mutuel wagering. The purse redistribution is as follows.
                                1. On the Low Down
                                2. PJ’s Gold
                                3. The Great Dome
                                4. Sparky Wo
                                5. Rio Innoko
                                6. Gee Whiz Who
                                7. Southwestern Charm
Unplaced “Belly Button Who” 3. Per 15.2.1.9(B)(3)(d) Positive Test Trial Race and 15.2.6.9(A)(7) Medication Violation Trial Race Penalty, the horse “Belly Button Who” was scratched from the 9th race on September 4, 2017, at Ruidoso Downs (Rio Grande Senor Thoroughbred Futurity) and must return last place finisher money in the amount of two thousand and thirty one dollars ($2,031.00). Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol /16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9(B)(2) Penalty recommendations This ruling is written in accordance with Per 15.2.1.9(B)(3)(d) Positive Test Trial Race If a positive test arises in a trial race, the horse is eligible for entry into a race for which the trial was conducted unless that positive test requires the horse to be placed on the steward’s list pursuant to Subsection C of 15.2.6.9 NMAC. The purse for both the trial and the race for which the trial was conducted will be held until the case has been adjudicated. 15.2.6.9(A)(7) Medication Violation Trial Race Penalty When the penalty assessed against a licensee for a medication or drug violation in a trial race results in a disqualification and loss of purse, the licensee is subject to the same penalties for any race for which the trial race was conducted.15.2.3.8(B)(3)(k) NMAC: Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: ALFREDO VELAZQUEZ Ruling Date: 9/9/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 91-2017 DEL Ruling Type: Update Previous Ruling
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: September 9, 2017,

Delaware Park Stewards Ruling

(91-2017)

Trainer Alfredo Velazquez, RCI Id 1962797, DOB 09/25/1944, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded month/JI)

Name: SHANE B. WILSON Ruling Date: 9/18/2017
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22401 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Late to the paddock for the first race September 5, 2017 at Louisiana Downs.
Name: Roland Grap Ruling Date: 9/9/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 92-2017 Ruling Type: Trainer Responsibility
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 9, 2017

Delaware Park Stewards Ruling

(92-2017)

' Owner Roland Grap, RC/ ID 403152, 05/24/1947, having had a telephonic hearing, is hereby fined the sum of five hundred ($500.00) dollars for selling the horse "WMA Seasand" while entered at Delaware Park causing a scratch from the ninth ('J11) race on Saturday, September 2, 2017. Refer to D.T.R.C. Rules 3.3, 3.4, 3.4.1.15, 11.2.11, 11.14.1.2 and 11.14.1.3. Fine must be paid within 48 hours. ( Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthl;l)

Name: WINSTON D EDWARDS Ruling Date: 9/9/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 94-2017 DEL Ruling Type: Update Previous Ruling
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: September 9, 2017

Delaware Park Stewards Ruling

(94-2017)

Groom Winston Edwards, RCI Id 1830744, DOB 6/28/1965, after being suspended on August 5, 2017, for testing positive for a dangerous controlled substance (Marijuana), Mr. Edwards is hereby reinstated with a conditional license, with the understanding that he will comply with the following: 1- Continue to completion the six-hour psychoeducation and counseling program with his therapist. 2- Complete drug use recovery workbooks. 3- Submit to random drug screens. Refer to D.T.R.C. Rules 2.1.1, 3.3, 3.4 18.1, 21.8 and 21.8.3.

Name: HARRY R HOGLANDER Ruling Date: 9/9/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 93-2017 DEL Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 9, 2017,

Delaware Park Stewards Ruling

(93-2017)

Owner Harry Hoglander, RCI 2017899, DOB 6/12/1933, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthlYJ

Name: JAMES DALE YODER Ruling Date: 9/7/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17046 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver James Yoder who drove #1 DONTDOUBTTHELAKERS in the sixth race at Running Aces Racetrack and Casino on September 5, 2017 finishing first placed third is hereby fined the sum of Two Hundred Dollars for violation of MRC Rule 7884.0260 Subpart 2 (A)(C) - Change course or position, Swerve in or out or bear in or out during any part of the race in a manner that will compel another horse to shorten it's stride or cause another driver to change course or impede the progress of another horse resulting in a disqualification.

MRC Rule 7879.0200 Subpart (A)(B) - Judges Authority MRC Rule 7884.0260 Subpart 2 (A)(C) - Driving Rules

Name: LUIS CARVAJAL Ruling Date: 9/7/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 90-2017 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 7, 2017,

Delaware Park Stewards Ruling

(90-2017)

Owner- Trainer Luis Carvajal Jr, RCI Id 1028059, DOB 07/6/1972, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded month/Y)

Name: Brian Walter Detgen Ruling Date: 9/7/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17047 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Brian Detgen who drove #4 D INCINERATOR in the 1st race at Running Aces Racetrack and Casino finishing 5th on September 5, 2017 is hereby fined the sum of One (1) Hundred Dollars for violation of the MRC Rule 7884.0260 Subpart (G) - Striking a wheel

MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges Authority MRC Rule 7884.0260 Subpart 2 (G)

Name: Luke Richard Plano Ruling Date: 9/7/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17048 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Luke Plano who drove #2 ANNIE GIRL in the fifth race at Running Aces Racetrack who finished 3RD on September 2, 2017 is hereby fined the sum of fifty (50) Dollars for violation of the MRC Rule 7884.0260 Subpart 11 (B) - Pylon violation

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

MRC Rule 7884.0260 Subpart 11 (B) - Driving Rules

Name: NICK R ROLAND Ruling Date: 9/7/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17049 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Nick Roland who drove #8 KISS ON THE LIPS in the 5th race at Running Aces Racetrack and Casino on August 29, 2017 finishing 1st is hereby fined the sum of Two (2) Hundred Dollars for violation of the MRC Rule 7884.0260 Subpart 2 T (1) - Whipping ( 3rd offense )

MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges Authority MRC Rule 7884.0260 Subpart 2 T (1) - Whipping

Name: JAMIE J. NESS Ruling Date: 9/6/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 88-2017 DEL Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 6, 2017

Delaware Park Stewards Ruling (88-2017)

Trainer Jamie Ness, RCI ID 1896628, DOB 10/29/1974, is fined the sum of five ($500.00) dollars for entering an ineligible horse "Praetereo " in the 7t h race on September 7, 2017, necessitating a scratch. Refer to D.T.R.C. Rules 2.5.1.J 7, 3.3, 3.4, 7.0, 7.3.6. Fine must be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthlYJ

Name: ASHLEY CASTRENZE Ruling Date: 9/6/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 89-2017 DEL Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/7/2017 Suspension End: 9/13/2017
Ruling Text: September 6, 2017

Delaware Park Stewards Ruling

(89-2017)

Jockey Ashley Castrenze, RCI Id 1916524, DOB 12/6/1996, is suspended for seven (7) calendar days from Thursday, September 7, 2017, through and including Wednesday, September 13, 2017 for careless riding, which resulted in her mount "Mzima Springs" being disqualified from seventh and placed ninth in the eighth race on Monday, September 4, 2017 . Refer to D.T.R.C. Rules 3.3, 14.15.1 and 14.16.1.

Name: PAVEL MATEJKA Ruling Date: 9/6/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Presque Isle Downs
Ruling Number: 17115PI Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: No foal certificate for entered horse. FAILURE TO HAVE THE FOAL CERTIFICATE ON FILE WITH THE HORSE IDENTIFIER FOR "FIRST REWARD" IN THE FIFTH (5TH) RACE, SEPTEMBER 5, 2017, IN VIOLATION OF PA. CODE, TITLE 58, SECTION 165.216. YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE SEPTEMBER 15, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS SEPTEMBER 24, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: MICHAEL MORAN Ruling Date: 9/5/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Presque Isle Downs
Ruling Number: 17114PI Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: General Ruling. FAILURE TO CONDUCT YOUR BUSINESS IN A PROPER MANNER (NAMING A RIDER ON AT TWO TRACKS) IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.151(B). YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE SEPTEMBER 14, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS SEPTEMBER 23, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: JAMES ALI HIBBERT Ruling Date: 9/4/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 85-2017 DEL Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 4, 2017,

Delaware Park Stewards Ruling

(85-2017)

Owner James A. Hibbert, RCI Id 1896673, DOB 1011711959, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded month/Y)

Name: ALAN BEDARD Ruling Date: 9/4/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 86-2017 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 4, 2017,

Delaware Park Stewards Ruling

(86-2017)

Owner Andrew Bedard, RCI Id 1963432, DOB 08/30/1960, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly')

Name: JOHN A HALL Ruling Date: 9/4/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 84-2017 DEL Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 4, 2017,

Delaware Park Stewards Ruling

(84-2017)

Owner John A. Hall, RCI Id 1851357, DOB 12/28/1941, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthlY)

Name: CARROLL RAY HOPPER Ruling Date: 9/3/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-1 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Carroll R. Hopper having been duly notified, appeared telephonically and waved the hearing before the Board of Stewards on September 3, 2017, for failure to declare equipment (Blinkers off) at time of entry for “Eye for an Eye” entered in the 3rd race on September 1, 2017 at Downs at Albuquerque Racetrack.

Narrative: The blinkers were Put on at the gate at the gate.

Licensee is found to be in violation of: 15.2.5.8 (B)(10) Procedure For Entries Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.5.8 (B)(6) Procedure For Entries No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards 15.2.5.13 (A)(6) Equipment For The Running Of The Race: No licensee may add blinkers to a horse's equipment or discontinue their use without the prior approval of the starter, the paddock judge, and the stewards.

For this rule violation, the Board of Stewards assessed Carroll Hopper a penalty in the amount of One Hundred dollars ($100.00). The fine is to paid on or before October 2, 2017, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. Narrative: The blinkers were Put on at the gate at the gate.

This ruling is written in accordance with: 16.47.1.8. T. KNOWLEDGE OF RULES:

Name: STEVEN KLESARIS Ruling Date: 9/7/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 17073C Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: General Ruling. The request by Steven Klesaris for an appeal of the order of finish of the first race at Parx Racing on September 3, 2017 is hereby GRANTED. The supersedes is also GRANTED.
Name: GIUSEPPE IADISERNIA Ruling Date: 9/2/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 81-2017 DEL Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Giuseppe Iadisernia, RCI Id 2017061, DOB 05/061957, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D>T>R>C> Rules 2.51.3,3.,3.4,3.4.1.15 and 18.1 (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly).
Name: DOUGLAS G NUNN Ruling Date: 9/6/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17241PN Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Late or failure to have horses in paddock. FAILURE TO RUN AN ENTERED HORSE JAMESON SPICE, NECESSITATING A LATE SCRATCH OF THE HORSE FROM THE 8TH RACE, SEPTEMBER 2, 2017 IN VIOLATION OF PA. CODE, TITLE 58, SECTION 165.216. DIRECTIVE NO. 1-89 DATED 2/21/89 CHANGES $100 AMOUNT TO $250 IN RULE 165.216. YOU ARE HEREBY FINED THE SUM OF THREE HUNDRED DOLLARS ($300.00). FINE DUE SEPTEMBER 16 , 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS SEPTEMBER 26, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: DOUGLAS G NUNN Ruling Date: 9/7/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17245PN Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Late or failure to have horses in paddock. BASED ON ADDITIONAL INFORMATION RECEIVED BY THE BOARD OF STEWARDS(LATE BY RACING OFFICE), RULING #17241PN DATED SEPTEMBER 6, 2017 IS HEREBY RESCINDED.
Name: RAYMOND A HILL Ruling Date: 9/2/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 82-2017 DEL Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Raymond Hill, RCI Id 1961595, DOB 04/08/1946, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4.1.15 and 18.1 (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly.
Name: Amber Louann Meyaard Ruling Date: 9/2/2017
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2017-NP-T#53 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 9/3/2017 Suspension End: 11/15/2017
Ruling Text: Suspended 60 calendar days, September 3 to November 1, 2017 and fined the sum of $2,000.00 for positive test for cobalt.
Name: FRANK G. FIUMERA Ruling Date: 9/2/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 83-2017 DEL Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: September 2, 2017,

Delaware Park Stewards Ruling

(83-2017)

Owner Frank Fiumera, RCI Id 1896502, DOB 1010511959, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly')

Name: TANNER TROY THEDFORD Ruling Date: 9/2/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-177 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Tanner Thedford having been duly notified and appeared before the Board of Stewards on September 2, 2017, for his excessive use of the whip on his mount “FIRST GHOST” during the running of the 4th race on September 1, 2017, at Ruidoso Downs.

The Board of Stewards assess Tanner Thedford a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before October 2, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of: 15.2.5.13(E)(6)(e) Use of riding crops. Indiscriminate use of the whip is prohibited including whipping a horse: on the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; during the post parade or after the finish of the race except when necessary to control the horse; excessively or brutally causing welts or breaks in the skin; when the horse is clearly out of the race or has obtained its maximum placing; persistently even though the horse is showing no response under the riding crop; or striking another rider or horse.

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

Name: Giorgio Herrera Moreno Ruling Date: 9/2/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 79-2017 DE Ruling Type: Failure to Report or Make Correct Weight
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Giorgio Moreno, RCI Id, DOB 2/2/1992, having waived his right to a hearing, is fined the sum of Fifty ($50.00) dollars for reporting an incorrect weight for the first time to the Clerk of Scales on Wednesday, August 30, 2017. Refer to D.T.R.C Rules 3.4.1.15, 8.11.1 and 3.3. Fine must be paid within 48 hours. ( Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly).
Name: LUIS A RODRIGUEZ CASTRO Ruling Date: 9/6/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17242PN Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Careless Riding. MISUSE OF THE WHIP (HIT HORSE IN THE FACE) WHILE ABOARD THE HORSE SAFELY TOUCH DURING THE RUNNING OF THE 6TH RACE, SEPTEMBER 2, 2017 IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.6(c), 163.236 and 165.20l. SECTION 163.6(c): The stewards may fine, suspend or rule off a person who, in their opinion, has acted to the detriment of racing or violated the rules. SECTION 163.236: During a race, a jockey may not willfully strike or touch another jockey or the horse or equipment of another jockey for the purpose of interfering with that horse or jockey. SECTION 165.201: The Stewards shall have the power to resolve matters before them including those which are not expressly covered by this chapter. In all cases, the Stewards shall render an opinion in accordance with the generally accepted customs and usages of racing in conformity with equitable standards of justice. YOU ARE HEREBY FINED THE SUM OF TWO HUNDRED DOLLARS ($200.00). FINE DUE SEPTEMBER 16, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS SEPTEMBER 26, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: KONSTANTINOS A HARIGEORGIOU Ruling Date: 9/6/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17239PN Ruling Type: Failure to Report or Appear
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure or late to lasix security barn. SHIPPERS ARE REQUIRED TO ARRIVE THIRTY (30) MINUTES PRIOR TO TREATMENT DEADLINE. YOU WERE LATE ARRIVING WITH THE HORSE ONE WILD GUY FOR THE 1ST RACE ON SEPTEMBER 1, 2017, IN VIOLATION OF PA.CODE, TITLE 58, SECTION 163.305(H) AND (K). SECTION 163.305(H): Once a horse is placed on the bleeder list it shall be presented to the pre-race security stall between 4 l/2 and 5 l/2 hours prior to the post time of the race in which the horse is scheduled to start. Once placed in the security area, a horse shall remain in there until it is taken to the paddock to be saddled for the race. The bleeder medication shall be administered no less than 4 hours prior to post time of the race in which the horse is scheduled to run. SECTION 163.305(K): While in the security area, the horse shall be in the care, custody and control of the trainer or a licensed person assigned by him. The trainer shall be responsible for the condition, care and handling of the horse while it remains in the security area. YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE SEPTEMBER 16, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS SEPTEMBER 26, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: DANIEL GENE ROLAND Ruling Date: 9/1/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17045 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The trainers license issued to Dan Roland is hereby rescinded as he is no longer acting in that capacity.

Minnesota Rules 7877.0135 D ( Dual Licensing) 7879.0200 ( Stewards Authority and Duties ) Subpart 1 (A) - General Authority

Name: GABRIEL M ACOSTA Ruling Date: 8/31/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-172 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Gabriel Acosta having been duly notified, failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on August 31, 2017, for failing to have a current Coggins for entry “SHAM WOWwhich resulted in a late scratch and mutuel refund in the 6th race on August 4, 2017 at Ruidoso Downs.

For this violation, the Board of Stewards assessed Gabriel Acosta a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before October 1, 2017, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension Licensee is found to be in violation of. 15.2.5.12(Z) Horse ineligible A horse shall be ineligible to start when “there is no current negative test certificate for equine infectious anemia on file with the racing office, as required by the commission”. 16.47.1.10(C)(5)Trainer Responsibility The trainer is responsible for the proper identity, custody, care, health, condition, and safety of horses in their charge. 16.47.1.10(C)(15) Trainer Responsibility The trainer is responsible for maintaining a knowledge of the medication record and status of all horses in their care. 15.2.3.8 B (1) (d) Stewards General authority. The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties.

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

Name: CARLOS J MILIAN-TRINIDAD Ruling Date: 9/6/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17243PN Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: General Ruling. FAILURE TO FOLLOW INSTRUCTIONS OF A PENN NATIONAL STATE STEWARD (PROVIDE A BILL OF SALE ON HORSE RUN TO THE LIMIT, AUGUST 30, 2017. YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE SEPTEMBER 16, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS SEPTEMBER 26,, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: JAMES DALE YODER Ruling Date: 8/29/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17043 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver James Yoder who drove #4 "SB FINE AND DANDY" in the 5th race at Running Aces on August 22, 2017 is hereby fined the sum of one (1) hundred dollars for violation of MRC Rule 7884.0260 Subpart 11(B) - Any horse going inside two pylons shall be disqualified and placed behind any lapped on horse in the official order of finish MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges Authority; MRC Rule 7884.0260 Subpart 11 (B) - Driving Rules
Name: MICHAEL R WHITE Ruling Date: 8/29/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17044 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Michael White who drove #3 "MYSTIC WONDER" in the FIFTH race at Running Aces Racetrack and Casino on August 27, 2017 is hereby fined the sum of One (1) hundred dollars for violation of MRC Rule 7884.0260 Subpart 2 T (1) - Driving Rules

MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges Authority; MRC Rule 7884.0260 Subpart 2 T (1) - Whipping

Name: Brian Walter Detgen Ruling Date: 8/29/2017
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R17042 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Brian Detgen who drove #2 "BRINGOVERTHEMONEY" in the 5th race at Running Aces on August 22, 2017 is hereby fined the sum of One (1) Hundred dollars for violation of MRC Rule 7884.0260 Subpart 11 (B) - Any horse going inside two pylons shall be disqualified and placed behind any lapped on horse in the official order of finish MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges Authority MRC Rule 7884.0260 Subpart 11 (B) - Driving Rules
Name: LANCE GREGORY NEWMAN Ruling Date: 9/6/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17238PN Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Smoking in the shed row, tack room. SMOKING IN THE GROOMS QUARTERS ON AUGUST 29 , 2017 IN VIOLATION OF 2017 HORSEMEN'S GUIDE SAFETY RULES.. SAFETY RULES: THERE SHALL BE NO SMOKING IN THE BARNS, STALLS, SHED ROWS, TACK ROOMS, FEED SHEDS OR DORMITORY. YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE SEPTEMBER 16, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS SEPTEMBER 26, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: STEPHANIE SHARON BEATTIE Ruling Date: 9/6/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17237PN Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/16/2017 Suspension End:
Ruling Text: Financial Responsibility. HAVING BEEN DULY NOTIFIED TO APPEAR AT A STEWARDS' HEARING CONCERNING A JUDGEMENT ENTERED AGAINST YOU BY THE DISTRICT JUSTICE, DAUPHIN COUNTY, PENNSYLVANIA IN FAVOR OF NEIL'S TURF SUPPLY FOR RACE RELATED EXPENSES. HAVING FAILED TO APPEAR, YOU ARE HEREBY SUSPENDED SEPTEMBER 16, 2017, IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.11. When a licensed owner or trainer or their licensed employes, or other persons licensed to engage in racing, shall suffer a final judgement rendered against him in a court of competent jurisdiction within the Commonwealth of Pennsylvania, which judgement is based wholly on an indebtedness incurred by the person for supplies, equipment, or services furnished in connection with horse racing, the Stewards, Commission, or both, may issue an order to the licensee advising the licensee that a hearing will be scheduled at which time the licensee shall show cause as to why his license shall not be suspended until the Commission or Stewards is furnished proof that the judgement in question has been satisfied. DURING THIS SUSPENSION, STEPHANIE BEATTIE IS DENIED ACCESS TO ALL GROUNDS UNDER THE JURISDICTION OF PENNSYLVANIA STATE HORSE RACING COMMISSSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: GABRIEL (GABRIEL GARCIA) GARCIA-CARVAJAL Ruling Date: 9/6/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17236PN Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/31/2017 Suspension End: 9/4/2017
Ruling Text: Careless Riding. JOCKEY GABRIEL GARCIA IS HEREBY SUSPENDED FIVE (5) CALENDAR DAYS COMMENCING AUGUST 31, 2017 THROUGH AND INCLUDING SEPTEMBER 4, 2017 FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE; ALLOWING HIS MOUNT #2 U. TEE TO CAUSE AN INTERFERENCE TO #6 VERITY HAVING CAME OUT INTO #6 VERITY NEAR 1/8 POLE RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM 1ST POSITION TO FOURTH IN THE 4TH RACE, AUGUST 26, 2017, IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.234, 163.235 AND 163.471(A). GABRIEL GARCIA IS ALLOWED ON THE GROUNDS DURING THIS RIDING SUSPENSION.
Name: ALBERT FERRIS ALLEN Ruling Date: 9/6/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17240PN Ruling Type: Failure to Report or Appear
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Failure or late to lasix security barn. ARRIVING LATE FOR LASIX TREATMENT WITH THE HORSE LAST TRAIN OUT ENTERED IN THE 1ST RACE, AUGUST 26, 2017, IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.305(H) & (K). SECTION 163.305 (H): Once a horse is placed on the bleeder list it shall be presented to the pre-race security stall between 4 l/2 and 5 l/2 hours prior to the post time of the race in which the horse is scheduled to start. Once placed in the security area, a horse shall remain in there until it is taken to the paddock to be saddled for the race. The bleeder medication shall be administered no less than 4 hours prior to post time of the race in which the horse is scheduled to run. SECTION 163.305 (K): While in the security area, the horse shall be in the care, custody and control of the trainer or a licensed person assigned by him. The trainer shall be responsible for the condition, care and handling of the horse while it remains in the security area. YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE SEPTEMBER 16, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS SEPTEMBER 26, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: MONICA L ORTEGA Ruling Date: 8/26/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-90 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Monica Ortega having been duly notified, appeared telephonically and waved her hearing before the Board of Stewards on August 26, 2017, for failure to declare equipment (Blinkers on) at time of entry for “Skookum Spirit” entered in the 3rd race on August 5, 2017 at Downs at Albuquerque Racetrack.

Licensee is found to be in violation of: 15.2.5.8 (B)(10) Procedure For Entries Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.5.8 (B)(6) Procedure For Entries No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards 15.2.5.13 (A)(6) Equipment For The Running Of The Race: No licensee may add blinkers to a horse's equipment or discontinue their use without the prior approval of the starter, the paddock judge, and the stewards.

For this rule violation, the Board of Stewards assessed Monica Ortega a penalty in the amount of One Hundred dollars ($100.00). The fine is to paid on or before September 24, 2017, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. Narrative: The blinkers were taken off at the gate.

This ruling is written in accordance with: 16.47.1.8. T. KNOWLEDGE OF RULES:

Name: TANNER TROY THEDFORD Ruling Date: 8/26/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-162 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 Tanner Thedford, having been summoned and having appeared before the Board of Stewards on August 25, 2017, for failure to make sufficient effort to maintain his lane while aboard “BLAZIN EAGLE”, which resulted in the disqualification of his mount from 5th place to 9th place, in the 12th race on August 20, 2017, at Ruidoso Downs.

The Board of Stewards hereby assess, Tanner Thedford, a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before September 26, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

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

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

Name: MARCOS ZULUETA Ruling Date: 9/6/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17244PN Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: General Ruling. FAILURE TO FOLLOW INSTRUCTIONS OF A PENN NATIONAL STEWARD (PRIOVIDE PAPERWORK REQUESTED ON HORSE COWBOY MZ, AUGUST 25, 2017. YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE SEPTEMBER 16, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS SEPTEMBER 26, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: MARCO A. CASTANEDA Ruling Date: 8/20/2017
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #17-0082 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: Marco A. Castaneda (D.O.B. 8/6/1967)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 0101981 taken from PERFECT COMIC, who finished third in the seventh race at Ellis Park on July 28, 2017 contained MULTIPLE NSAIDS; phenylbutazone (0.81 ug/ml in blood) and flunixin (13 ng/ml in blood). The concentrations of both permitted NSAIDS are below the primary threshold and above the secondary threshold. After waiving your right to a formal hearing before the Board of Stewards you are hereby fined TWO HUNDRED FIFTY ($250.00) DOLLARS. Purse monies and pari-mutuel wagering are not affected by this ruling. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).

810 KAR 1:008 Section 3, subsection (4) 810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:018 Section 2 810 KAR 1:018 Section 8, subsection (3)(a)(b)(c) 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028, Section 4, subsection (5)(a)

BY ORDER OF THE STEWARDS

Name: JUAN RAMON MERAZ Ruling Date: 8/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-72 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 8/16/2017 Suspension End: 9/15/2017
Ruling Text: Trainer Juan Meraz having been duly notified, and appeared before the Board of Stewards Aug. 16, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 204 pg/ml in the horse “Chicks in Chains” (Test Sample #: NM27223), who finished 1st in the 5th race on June 25, 2017, at The Downs at Albuquerque. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded and confirmed by Industrial Labs at 185 pg/ml. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Juan Meraz’s 1st Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 30 day suspension of all NMRC licenses starting Aug. 16, 2017, through Sep. 15, 2017, inclusive.
    2. A ($750.00) Seven hundred fifty dollar fine to paid on or before Sep. 15, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Chicks in Chains” is placed on the Stewards list for a minimum period of 60 days (beginning July 11, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Juan Meraz is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Juan Meraz are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: DALLAS JAY BARTON Ruling Date: 8/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-77 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Dallas J. Barton having been duly notified and had his hearing telephonically in accordance with 15.2.1.9(B)(4)(d), before the Board of Stewards on August 19, 2017, for failure have his entry,” Katydid” in the paddock at the designated time for the 1ST race on August 18,2017, at The Downs at Albuquerque Racetrack.

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;

For this rule violation, the Board of Stewards assessed Dallas J. Barton a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before September 18, 2017, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

16.47.1.8. T. KNOWLEDGE OF RULES:

Name: ADEMAR SOUZA DOS SANTOS Ruling Date: 8/16/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 62-2017 DE Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: 62-2017

Jockey Ademar Dos Santos, RCI ID 1439691, DOB 8/26/1975, is suspended for seven (7) calendar days from Saturday, August 19, 2017, through and including Friday, August 25, 2017 for careless riding, in the second race on Saturday, August 12, 2017. Refer to D.T.R.C. Rules 3.3, 14.15 and 14.16.

Name: ADEMAR SOUZA DOS SANTOS Ruling Date: 8/18/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 62-2017 DE-ASUB Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 62-2017 DE - Appeal Submitted

63-2017

Jockey Ademar Dos Santos, DOB 8/26/1975, RCI 1439691, filed an appeal to the Delaware Thoroughbred Racing Commission in regards to the Stewards Ruling 62-2017, where Mr. Dos Santos was given a seven (7) calendar days suspension for careless riding, at this time the Delaware Thoroughbred Racing Commission has granted a Stay until the case is heard. Refer to D.T.R.C. Rules 3.3, 3.4, 19.2, 19.2.1 and 19.2.2.

Name: ANDRES S GONZALEZ Ruling Date: 8/12/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-64 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Andres S. Gonzalez, having been duly notified and having waived his right to a 10 day notice and formal hearing before the Board Of Stewards on Aug. 11, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Flunixin (class 4 penalty category C drug) found in test sample NM 27456 taken from the horse “Simply La Jolla” following the 8th race, on July 28, 2017 at The Downs at Albuquerque.

The original lab report indicated a finding of Flunixin at 25.1 ng/ml in the blood, which exceeds the allowable limit of 20.0 ng/ml in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Andres S. Gonzalez.

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

For this 1st Class 4C-Minor medication violation issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Andres S. Gonzalez a penalty as follows:

    1. A ($250.00) Two hundred and fifty dollar fine to be paid on or before Sep. 12, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.

This ruling is written in accordance with: 15.2.6.11(A) NMAC: Trainer Responsibility 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8. T. KNOWLEDGE OF RULES:

Name: JEFFREY A RADOSEVICH Ruling Date: 9/5/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Presque Isle Downs
Ruling Number: 17113PI Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Drug Positive. TRAINER JEFFERY A. RADOSEVICH WAIVED HIS RIGHT TO APPEAR BEFORE THE HEARING BEFORE THE BOARD OF STEWARDS, ON REPORT FROM THE OFFICIAL CHEMIST FOR THE PENNSYLVANIA STATE HORSE RACING COMMISSION THAT SAMPLE # 300041 (F) TAKEN FROM THE HORSE, SACRED SEASON, WHO FINISHED 1ST IN THE 8TH RACE, AUGUST 8TH, 2017 TESTED POSITIVE FOR METHOCARBAMOL AT A CONCENTRATION OF 9.68 ± 1.75 ng/mL. TRAINER JEFFERY A. RADOSEVICH WAIVED HIS RIGHT TO THE TESTING OF THE SPLIT SAMPLE. AFTER CONSIDERING ALL TESTIMONY AND EVIDENCE, THE BOARD OF STEWARDS FIND JEFFERY A. RADOSEVICH IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.302(a)(1), 163.303(b), 163.309, 163.315 AND 163.521(f). TRAINER JEFFERY A. RADOSEVICH IS HEREBY ISSUED A WRITTEN WARNING FOR HIS OVERAGE OF METHOCARBOMOL IN THE HORSE SACRED SEASON AND ASSIGNED 1 MULTIPLE MEDICATION VIOLATION POINT. SECTION 163.302(a)(1): A horse participating in a race may not carry in its body a substance foreign to the natural horse except as otherwise provided. SECTION 163.303(b): A finding by the Chemist that a foreign substance is present in the test sample shall be prima facie evidence that the foreign substance was administered and carried in the body of the horse while participating in a race. This finding shall also be taken as prima facie evidence that the trainer and his agents responsible for the care or custody of the horse has been negligent in the handling or care of the horse. SECTION 163.309: The owner, trainer, groom, or other person who is charged with the responsibility of the horse shall protect the horse against the administration or attempted administration, either internally or externally, of a drug to the horse. If the Stewards determine that an owner, trainer, groom, or other person has failed to protect the horse they may immediately suspend the trainer, groom, or other person and refer the matter to the Commission for final disposition. SECTION 163.315: Test Reports. Urine or blood test reports prepared by the official chemist of the Commission shall be deemed prima facie correct and all steps undertaken in the collection, preservation, handling, and testing thereof shall be presumed correct in the absence of affirmative proof to the contrary. SECTION 163.521(f): A trainer shall be responsible for the condition of a horse trained by him. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: JUDD STEVEN KEARL Ruling Date: 8/3/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-100 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/3/2017 Suspension End:
Ruling Text: Upon receipt of ruling RETA2629 (issued on July 31, 2017, by The Texas Racing Commission summarily suspending Trainer Judd Kearl), the Board of Stewards at Ruidoso Downs hereby suspend Trainer Judd Kearl, pursuant to 15.2.1.9(B)(8)(c) Effect of Rulings and 16.47.1.8 (L)(1) (h) Reciprocity, pending the outcome of a disciplinary hearing by the Texas Racing Commission. Any and all licenses issued to Mr. Kearl by the New Mexico Racing Commission will be affected by this ruling.

During his suspension, Judd Kearl is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC 15.2.1.9 (C)(21)(a). In addition all horses owned, trained by, or in the care and custody of Judd Kearl are ineligible to be entered or start in this jurisdiction, per 15.2.1.9 (C)(21)(c), pending bona fide sales and/or transfers with the approval by the Board of Stewards.

Licensee is found to be in violation of: 16.47.1.8 (L)(1) (h) Reciprocity The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant has had a license denied, suspended, or revoked by any racing jurisdiction. 16.47.1.8 (L)(1) (e) Reciprocity The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant has been found in violation of rules governing racing in this state or other jurisdictions

This ruling is written in accordance with: 15.2.1.9(C)(22)(b) Reciprocity Appeals of reciprocal rulings. Persons subject to rulings in other jurisdictions shall have the right to request a hearing before the commission to show cause why such ruling should not be enforced in this jurisdiction. Any request for such hearing must clearly set forth in writing the reasons for the appeal. 15.2.1.9(B)(8)(c) Effect of Rulings The stewards shall honor the rulings issued by other pari-mutuel racing commissions. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b)

Name: MARIO SANCHEZ Ruling Date: 7/26/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-39 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 5/6/2017 Suspension End: 5/31/2017
Ruling Text: Trainer Mario G. Sanchez having been duly notified, and appeared telephonically before the Board of Stewards May 5, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 179 pg/ml in the horse “Chasemyferraritodtop” (Test Sample #: NM25170), who finished 1st in the 2nd race on March 10, 2017, at Sunland Park. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Mario G. Sanchez Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Mario G. Sanchez’s 1st Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 25 day suspension of all NMRC licenses starting May 6, 2017, through May 31, 2017, inclusive.
    2. A ($750.00) Seven hundred fifty dollar fine to paid on or before Aug 25, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Chasemyferraritodtop” is placed on the Stewards list for a minimum period of 60 days (beginning March 29, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Mario G. Sanchez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Mario G. Sanchez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JUAN M ESQUIVEL Ruling Date: 7/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-89 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Juan M. Esquivel having telephonically waived his rights to a 10 day notice and formal hearing before the Board of Stewards on July 21, 2017, for failure to declare equipment (Flipping Halter Off) at time of entry for “MARSEILLE”, entered in the 6th race on July 1, 2017 at Ruidoso Downs.

For this rule violation, the Board of Stewards assessed Juan M. Esquivel a penalty in the amount of one hundred dollars ($ 100.00). The fine is to paid on or before August 22, 2017, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of: 15.2.5.8 (B)(10) Procedure For Entries Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.5.8 (B)(6) Procedure For Entries No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards 15.2.5.13 (A)(6) Equipment For The Running Of The Race: No licensee may add blinkers to a horse's equipment or discontinue their use without the prior approval of the starter, the paddock judge, and the stewards. 15.2.6.11(E)(10)Trainer Responsibility The trainer is responsible for ensuring proper bandages, equipment and shoes.

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

Name: RUPERTO R URBINA Ruling Date: 7/20/2017
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22328 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Failure to have his scheduled starter, “Mauk’s Tribute” in the paddock resulting in a late scratch from race 4, July 17, 2017 at Louisiana Downs.
Name: ANSELMO GARCIA MARQUEZ Ruling Date: 7/17/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-11 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 7/13/2017 Suspension End: 7/13/2018
Ruling Text:
Settlement Agreement for Positive Sample #NM23055, Zilpaterol, pertaining to Horse "Wrs Quick Regards"  See attached.
Name: FRANCISCO ALBERTO AMPARAN Ruling Date: 7/13/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-76 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Owner License and Pony Person License issued to Francisco Amparan is herby rescinded without prejudice as he has been issued an Apprentice Jockey’s License.

This ruling is in accordance with: 16.47.1.8 (M)(2)Duration Of License Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such a license. 16.47.1.8 (Q)(3)Conflict of interest A person who is licensed as an owner or trainer in a horse registered for racing at a race meeting in this jurisdiction shall not be employed or licensed as a jockey, apprentice jockey; jockey agent; racing official; assistant starter; track maintenance supervisor; jockey room custodian; valet; outrider; racing chemist, testing laboratory employee, or security personnel. 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ALFREDO SANCHEZ Ruling Date: 6/28/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-10 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 7/11/2017 Suspension End: 7/11/2020
Ruling Text:
DECISION AND ORDER
 
            WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on June 15, 2017, on review of the hearing officer’s report regarding the above named Trainer, Owner, and Horse;
           WHEREAS, proper notice was given to those parties entitled to notice;
           WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material;
 WHEREAS, the hearing officer’s report is attached to this Decision and Order;
WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law incorporated herein by reference;
WHEREAS, the Commission finds that Trainer’s actions constitute a violation of New Mexico Racing Commission Rules;
WHEREAS the Commission finds there to be sufficient evidence to support the findings of violations on behalf of Trainer;
WHEREAS the Commission voted unanimously to accept in part and to reject in part the penalty recommendations of the Hearing Officer as follows and to incorporate additional penalties and conditions as follows.
 IT IS THEREFORE ORDERED as to Trainer Alfredo Sanchez offense Sample No. NM09779 pertaining to horse “Ultimate Wave Carver”, Trainer Sanchez is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Nikethamide) in a horse he is training. As such, Trainer, the Owner, and the horse “Ultimate Wave Carver,” shall be assessed penalties as follows with conditions as follows:
      1. Appellant Trainer Alfredo Sanchez is assessed a fine in the amount of $25,000.00 or 25% of the purse, whichever is greater, to be paid in one lump sum prior to appearing before the Commission as set forth in IV below;
      2. Appellant Trainer Alfredo Sanchez is assessed a suspension of three (3) years;
      3. Once eligible, Appellant Trainer Alfredo Sanchez must retake and pass the trainer’s test prior to the 3 year suspension of his license being lifted;
      4. Once eligible, Appellant Trainer Alfredo Sanchez must personally appear before the Commission prior to the suspension of the license being lifted and after having taken and passed the trainer’s test. Appellant Trainer Alfredo Sanchez must request to be placed on the Agenda;
      5. Appellant Trainer Alfredo Sanchez, and any race animal owned or trained by or under the care or supervision of Alfredo Sanchez is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;
      6. In regards to Owner Alfredo Sanchez for the offense of the positive test of Nikethamide Sample No. NM09779 pertaining to horse “Ultimate Wave Carver” which placed 2nd in the 3rd race at Zia Park Race Track in Hobbs, NM on November 25, 2014  the  penalty imposed shall be disqualification and loss of the purse for the race, and “Ultimate Wave Carver” shall be placed on the veterinarian’s list for ninety (90) days;
      7. “Ultimate Wave Carver” must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.
This Decision and Order shall be served upon Appellant Trainer Alfredo Sanchez and Owner Alfredo Sanchez in accordance with law.  This Order will take effect on July 11, 2017. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA within 30 days of the date that this Order was signed by the Commission.
IT IS SO ORDERED.
Name: PRISCILLA LEON Ruling Date: 6/23/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-1 Ruling Type: Financial Obligation/Restoration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/18/2017 Suspension End: 6/23/2017
Ruling Text: Trainer Priscilla Leon is hereby restored to Good Standing having paid Mundell Terminal Services $498.52 for services rendered owed in March 2017.
Name: ANDRES S GONZALEZ Ruling Date: 6/12/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-78 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Andres Gonzalez having been duly notified and having appeared telephonically before the Board of Stewards on June 12, 2017, for failing to have a current piroplasmosis for entry “Miracle Bunnywhich resulted in a late scratch in the fourth race on July 12, 2015 at Sunray Park. Licensee is found to be in violation of. 15.2.5.12(Z) A horse shall be ineligible to start when “there is no current negative test certificate for equine infectious anemia on file with the racing office, as required by the commission”. 16.47.1.10(C)(5) the proper identity, custody, care, health, condition, and safety of horses in their charge. 16.47.1.10(C)(7) maintaining a knowledge of the medication record and status of all horses in their care. 15.2.3.8 B (1) (d) Stewards General authority. The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties

For this violation, the Board of Stewards assessed Andres Gonzalez a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before July 11, 2017, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension 16.47.1.8. T. KNOWLEDGE OF RULES: 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ARACLEY NAVARRETE DE ALVIDREZ Ruling Date: 6/2/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-5 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 6/8/2017 Suspension End: 12/7/2017
Ruling Text: Owner Aracely Alvidrez, having been duly notified and having appeared with translator Dominic Rivera before the Board of Stewards on May 29, 2017, for the falsification of federal forms (health certificate) for the horse “Rontoname” on May 8, 2017, at Ruidoso Downs .

After hearing testimony and presenting evidence the Board of Stewards issued Aracely Alvidrez a penalty of:

    1. A fine in the amount of two thousand and five hundred dollars ($2,500.00). The fine is to be paid on or before June 28, 2017, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.
    2. A 6 month suspension of al NMRC licenses starting June 8, 2017, through December 7, 2017 inclusive.

This penalty has aggrivating Circumstances: Ms. Alvidrez falsified the health certificate by changing the date issued, adding a horse that was not inspected by the veterinarian, and changing the age of the horse that differed from the original form issued by the veterinarian.

During said time of applicable suspension, Aracely Alvidrez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b). Additionally, effective upon applicable suspension dates, all horses owned or under the care of Aracely Alvidrez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

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

Name: VICTOR MENDOZA ESCOBAR Ruling Date: 5/19/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-8 Ruling Type: Penalty Affirmed
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
 IT IS THEREFORE ORDERED as to Trainer Victor Escobar offense Sample No. NM12542 pertaining to horse “Mango Chick” and offense Sample No. NM12550 pertaining to horse “Threedeewoodee,” Trainer Escobar is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Ractopamine) in a horse he is training. As such, Trainer, the Owner, and the horse “Mango Chick” and “Threedeewoodee,” shall be assessed penalties as follows with conditions as follows:
      1. Appellant Trainer Victor Escobar is assessed a fine in the amount of $25,000 to be paid in one lump sum prior to appearing before the Commission as set forth in IV below;
      2. Appellant Trainer Victor Escobar is assessed a suspension of two (2) years;
      3. Once eligible, Appellant Trainer Victor Escobar must retake and pass the trainer’s test prior to the two (2) year suspension of his license being lifted;
      4. Once eligible, Appellant Trainer Victor Escobar must personally appear before the Commission prior to the suspension of the license being lifted and after having taken and passed the trainer’s test. Appellant Trainer Victor Escobar must request to be placed on the Agenda;
      5. Appellant Trainer Victor Escobar is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;
      6. In regards to Owner, Gary L. Thompson for the offense of the positive test of Ractopamine Sample No. NM12542 pertaining to horse “Mango Chick” which placed 1st in the 1st race at the Downs at Albuquerque in Albuquerque, NM on April 19, 2015 and for the positive test of Ractopamine Sample No. NM12550 pertaining to horse “Threedeewoodie” which placed 1st in the 5th race at the Downs at Albuquerque in Albuquerque, NM on April 19, 2015  the penalty imposed shall be disqualification and loss of the purse for both races, and “Mango Chick” and “Threedeewoodie” shall be placed on the veterinarian’s list for ninety (90) days;
      7. “Mango Chick” and “Threedeewoodie” must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.
This Decision and Order shall be served upon Appellant Trainer Victor Escobar in accordance with law.  This Order will take effect on May 31, 2017. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA within 30 days of the date that this Order was signed by the Commission.
IT IS SO ORDERED.
Name: VICTOR MENDOZA ESCOBAR Ruling Date: 7/28/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-8-ASG Ruling Type: Penalty Affirmed
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
RE: 2017-Comm-8 - Appeal Stay Granted Pending the Appeal Process
 
Please see attached ORDER by the District Court Judge- Mr. Escobar is allowed to participate in races as a JOCKEY only.
Any questions, please call Tina.
Name: BENJAMIN KALE KING Ruling Date: 4/25/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 16-17TP115 Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ 210 Fine Paid: Y
Suspension Start: 4/25/2017 Suspension End: 6/30/2018
Ruling Text: Having been properly noticed for a formal and having failed to appear, Owner Benjamin Kale King (ADG #21361) is hereby fined TWO HUNDRED DOLLARS ($200.00) plus 5% Race Horse Adoption Fund surcharge for a total of TWO HUNDRED AND TEN DOLLARS ($210.00), denied access to all grounds under the jurisdiction of the Arizona Department of Gaming/Racing Division for failing to provide the necessary documentation to complete licensing requirements.

This case is also referred to the Director of the Arizona Department of Gaming/Racing Division with the recommendation that the respondent's license be revoked.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by May 3, 2017, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning May 4, 2017, through and inclusive of October 31, 2017, and this matter is referred to the Director of the Arizona Department of Gaming/Racing Division with the recommendation that all licenses remain suspended until all requirements are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102.76.; A.A.C. R19-2-106.C.; A.A.C. R19-2-112.12.; A.A.C. R19-2-112.13.; A.A.C. R19-2-121.E.2.; A.A.C. R19-2-121.E.3.; A.A.C. R19-2-121.E.3.a.d.f.i.; A.A.C. R19-2-121.E.3.e.i.ii.iii.; A.A.C. R19-2-121.E.6.a.b.c.d.e.f.g.h.i.j.k.; A.A.C. R19-2-121.E.7.; A.R.S. 5-108.A.1.a.b.c.g.h.;

Name: BENJAMIN KALE KING Ruling Date: 6/15/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 16-17TP115-FTC Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ 210 Fine Paid: Y
Suspension Start: 4/25/2017 Suspension End: 6/30/2018
Ruling Text: RE: 16-17TP115 - Failure to Comply - This matter is scheudled for hearing before the Racing Director on July 26, 2017 for failing to provide fingerprint cards. The recommendation is for revocation of Arizona Owner License #21361.
Name: BENJAMIN KALE KING Ruling Date: 9/19/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 16-17TP115-FO Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ 210 Fine Paid: Y
Suspension Start: 4/25/2017 Suspension End: 6/30/2018
Ruling Text: RE: 16-17TP115 - Ruling Final Outcome: After hearing before Racing Director, Order is license is revoked until June 30, 2018 and Mr. King is denied priviledges of all grounds under jurisdiction of the AZ Dept of Gaming, Racing Division for failing to complete the licensing process.
Name: PRISCILLA LEON Ruling Date: 3/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-140 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/18/2017 Suspension End: 6/23/2017
Ruling Text: Trainer Priscilla Leon having been duly notified having failed to appear, and had her hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d), before the Board of Stewards on March 18, 2017, at Sunland Park Racetrack concerning an outstanding financial obligation (court judgment) to Mundell Terminal Services in the amount of $498.52 for services rendered.

The Board of Stewards order that any/all New Mexico Racing Commission licenses issued to Priscilla Leon be immediately suspended starting March 18, 2017 and that she be deemed ineligible for any future licensing in New Mexico until such time that full payment is made to Mundell Terminal Services in the amount of $498.52 for services rendered.

Licensee is found in Violation of: 16.47.1.8 L (1)(J) NMAC: Grounds For Refusal, Denial, Suspension, or Revocation of License 16.47.1.8 (I): Financial Responsibility

This ruling in written in accordance with: 16.47.1.8 (L)(1)(i) – CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 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 VELARDE VEGA Ruling Date: 2/7/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-71 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 2/16/2017 Suspension End: 4/17/2017
Ruling Text: Trainer Raul Vega having been duly notified and having appeared with translator Ricardo Bernal before the Board of Stewards on February 4, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Lukes Dream”( Test Sample #: NM21935), who finished first place in the 1st race on December 16, 2016 at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laborites on January 17, 2017.

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

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

    1. A 60 day suspension of all NMRC licenses starting February 16, 2017, through April 17, 2017, inclusive.
    2. ($1,500) one thousand and five hundred dollar fine to paid on or before March 9, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.6.9(C)(5)(c), 15.2.6.9 (C)(6), and 15.2.6.9(C)(7),the horse “Lukes Dream” is placed on the Stewards list for a period of 60 days (beginning December 30, 2016). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    4. The horse “Lukes Dream” is hereby disqualified from FIRST PLACE and ordered unplaced from the 1st race on December 16, 2016 at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Mr Kates Leaving You
                2. Global Menace
                3. Kings Realm
                4. Beach Babe N Waves
                5. Adi
                6. Cali Reguard
                7. Chillie Cat
                8. My Secret Habit
Unplaced “Lukes DreamDuring said time of applicable suspension, Raul Vega is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Raul Vega are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: prima facie evidence/ 15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules”15.2.6.9. B. Penalty recommendations This ruling is written in accordance with 15.2.6.11(A) NMAC: Trainer Responsibility/ 16.47.1.10(B)(1) NMAC: Absolute Insurer/ 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution/ 15.2.5.13(E)(4)(d) NMAC: Stewards Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required/ 16.47.1.8(N) Last Known Address15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: FERNANDO CARRETE Ruling Date: 12/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-316 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 12/29/2016 Suspension End: 3/29/2017
Ruling Text: Trainer Fernando Carrete having been duly notified waived his right to a formal hearing before the Board of Stewards on December 18, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Rarin”( Test Sample #: NM21403), who finished first place in the 10th race on November 6, 2016, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Fernando Carrete.

Edilberto Estrada is the owner of record for the horse “Rarin”. This is Mr. Estrad’s SECOND Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (L)NMAC,

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

1. A 90 day suspension of all NMRC licenses starting December 29, 2016, through March 29, 2017, inclusive. 2. ($2,000) two thousand dollar fine to paid on or before January 17, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension. 3. Pursuant to rules 15.2.6.9(C)(5)(c), 15.2.6.9 (C)(6), and 15.2.6.9(C)(7),the horse “Rarin” is placed on the Stewards list for a period of 60 days (beginning November 20, 2016). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test prior to entry. 4. The horse “Rarin” is hereby disqualified from FIRST PACE and ordered unplaced from the 10th race on November 6, 2016, at Zia Park Racetrack in Hobbs, NM, for all but pari-mutuel wagering. The purse redistribution is as follows.

        1. Miracle Fish
        2. Eyes On Brimmerton
        3. Ugo Igo
        4. Shezarealfast
        5. Ghost Wagon
        6. Korina
        7. Gros Wreck
        8. Immahotdude
        9. Latest Theory
Unplaced “RarinDuring said time of applicable suspension, Fernando Carrete 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 Fernando Carrete are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Fernando Carrete is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: Prima Facie Evidence ; 15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.9. B. Penalty recommendations: Trainer Second Lifetime offense (365-day period) in any jurisdiction: A minimum 30-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 180-day suspension. A minimum $1,000 absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum fine of $2,500. Owner Second Lifetime offense (365-day period) in any jurisdiction: Disqualification, loss of purse (in the absence of mitigating circumstances)* and horse must pass a commission-approved examination before becoming eligible to be entered.

This ruling is written in accordance with:15.2.6.11(A) NMAC: Trainer Responsibility; 16.47.1.10(B)(1) NMAC: Absolute Insurer 15.2.3.8(B)(3)(k) NMAC: Stewards Authority; 15.2.5.13(E)(4)(d) NMAC: Stewards Authority; 15.2.3.8 B (3)(f) Stewards Disciplinary Action; 15.2.3.8 B (1) (d) Stewards General Authority; 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required; 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: FERNANDO CARRETE Ruling Date: 12/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-321 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Fernando Carrete having been duly notified and waived his rights to a 10 day notice and a formal hearing, before the Board of Stewards, on December 20, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMRC). The report confirmed an overage for the therapeutic (class 4 penalty C) drug Methylprednisolone found in sample # NM21685 taken from the horse “Bringin The Gray”, who finished 2nd place in the 8th race on November 26, 2016 at Zia Park Racetrack in Hobbs, NM. The concentration of Methylprednisolone was 227 pg/ml in the blood, which exceeds the authorized medication limit of 100 pg/ml in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Fernando Carrete.

Ediberto Estrada is the owner of record for horse “Bringin The Gray”. Pursuant to rules 15.2.6.9 C, this is Mr. Estrada’s FIRST Class 4 Category C major medication in a 365 day period.

For this FIRST Class 4 Category C major medication violation in a past 365 day period, the Board of Steward assess Fernando Carrete a penalty of

    1. A fine in the amount of one thousand dollars ($ 1,000.00). This fine is to paid on or before January 19, 2017, in accordance with 15.2.3.8(B)(3) NMAC. Failure to pay this fine within the time prescribed may result in an immediate suspension.
    2. The horse“Bringin The Gray” must pass a commission-approved examination before being eligible to run.

Fernando Carrete is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: Prima Facie Evidence 15.2.6.9 C. (3)PENALTY RECOMMENDATIONS: TRAINER 1ST offense in a Class C category (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $1,000. OWNER 1st 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: This ruling is written in accordance with: 15.2.6.9 A. (4) UNIFORM CLASSIFICATION GUIDELINES; 15.2.6.11(A) NMAC: Trainer Responsibility 16.47.1.10(B)(1) NMAC: Absolute Insurer; 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority; 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority; 16.47.1.8 (A)(1)(2) License Required; 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: SALVADOR RENTERIA SOTO Ruling Date: 10/31/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-81 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 10/4/2017 Suspension End: 12/3/2017
Ruling Text: Trainer Salvador Soto having been duly notified and having responded telephonically before the Board of Stewards on October 25, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Runaway Jeans”, who finished first place in the 3rd race on September 18th, 2016, at Zia Park Racetrack Hobbs, NM, Test Sample #: NM24648 and confirmed with a split sample sent to Texas A&M on October 14, 2016. Julio Cesar Islas, the owner of record for the horse “Runaway Jeans”, was duly notified and failed to appear for the hearing. For this FIRST Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed Salvador Soto a penalty as follows.

1. A 60 day suspension of all NMRC licenses starting October 4, 2017, through December 3, 2017, inclusive (run consecutively from ruling 2016-Comm-3 dated September 26, 2016). 2. ($1,000) one thousand dollar fine to paid on or before November 31, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension. 3. Pursuant to rules 15.2.6.9(D)(5)(c), 15.2.6.9 (D)(6), and 15.2.6.9(D)(7),the horse “Runaway Jeans” is placed on the Stewards list for a period of 60 days (beginning October 5, 2016). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test prior to entry. 4. The horse “Runaway Jeans” is hereby disqualified from first place and ordered unplaced from the 3rd race on September 18, 2016, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

        1. Meddlin Perry
        2. Jess for Ron
        3. Eyesa Miracle
        4. My Red Rock
        5. Burning Regard
        6. Southern Ccc
        7. Devonas Secret Rf
Unplaced “Runaway Jeans”

During said time of applicable suspension, Salvador Soto is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Salvador Soto are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. --PAGE 1 of 2--

Salvador Soto 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. C. Penalty recommendations (2) Category B penalties will be assessed against a trainer for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows:

        • First Lifetime offense (365-day period) in any jurisdiction: A minimum 15-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 60-day suspension. A minimum fine of $500 absent mitigating circumstances or the presence of aggravating factors could be used to impose a $1,000 fine.
        • Second Lifetime offense (365-day period) in any jurisdiction: A minimum 30-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 180-day suspension. A minimum $1,000 absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum fine of $2,500.
        • Third Lifetime offense A 60-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum of a one year suspension. A minimum fine of $2,500 absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum $5,000 fine or five percent of purse (greater of the two) and may be referred to the commission for any further action deemed necessary by the commission.
15.2.6.9. C. Penalty recommendations (2) Category B penalties will be assessed against a owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows:
        • First Lifetime offense (365-day period) in any jurisdiction: Disqualification, loss of purse (in the absence of mitigating circumstances)* and horse must pass a commission-approved examination before becoming eligible to be entered.
        • Second Lifetime offense (365-day period) in any jurisdiction: Disqualification, loss of purse (in the absence of mitigating circumstances)* and horse must pass a commission-approved examination before becoming eligible to be entered.
        • Third Lifetime offense Disqualification, loss of purse, and in the absence of mitigating circumstances a $5,000 fine* and horse shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered.
15.2.6.9(D)(5)(c), 15.2.6.9 (D)(6), and 15.2.6.9(D)(7), 15.2.3.8 B (3)(f) Stewards Disciplinary Action 16.47. 15.2.3.8 B (1) (d) Stewards General authority 16.47.1.8. T. KNOWLEDGE OF RULES: 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." 15.2.3.8(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) NMAC: 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.” --PAGE 2 of 2--

Name: SALVADOR RENTERIA SOTO Ruling Date: 11/5/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-81-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 10/4/2017 Suspension End: 12/3/2017
Ruling Text: RE: 2016-ZIA-81 - Modified Ruling Trainer Salvador Soto having been duly notified and having responded telephonically before the Board of Stewards on October 25, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Runaway Jeans”, who finished first place in the 3rd race on September 18th, 2016, at Zia Park Racetrack Hobbs, NM, Test Sample #: NM24648 and confirmed with a split sample sent to Texas A&M on October 14, 2016. Julio Cesar Islas, the owner of record for the horse “Runaway Jeans”, was duly notified and failed to appear for the hearing. For this FIRST Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed Salvador Soto a penalty as follows.

1. A 60 day suspension of all NMRC licenses starting October 4, 2017, through December 3, 2017, inclusive (run consecutively from ruling 2016-Comm-3 dated September 26, 2016). 2. ($1,000) one thousand dollar fine to paid on or before November 30, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension. 3. Pursuant to rules 15.2.6.9(D)(5)(c), 15.2.6.9 (D)(6), and 15.2.6.9(D)(7),the horse “Runaway Jeans” is placed on the Stewards list for a period of 60 days (beginning October 5, 2016). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test prior to entry. 4. The horse “Runaway Jeans” is hereby disqualified from first place and ordered unplaced from the 3rd race on September 18, 2016, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

        1. Meddlin Perry
        2. Jess for Ron
        3. Eyesa Miracle
        4. My Red Rock
        5. Burning Regard
        6. Southern Ccc
        7. Devonas Secret Rf
Unplaced “Runaway Jeans”

During said time of applicable suspension, Salvador Soto is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Salvador Soto are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. --PAGE 1 of 2--

Salvador Soto 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. C. Penalty recommendations (2) Category B penalties will be assessed against a trainer for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows:

        • First Lifetime offense (365-day period) in any jurisdiction: A minimum 15-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 60-day suspension. A minimum fine of $500 absent mitigating circumstances or the presence of aggravating factors could be used to impose a $1,000 fine.
        • Second Lifetime offense (365-day period) in any jurisdiction: A minimum 30-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 180-day suspension. A minimum $1,000 absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum fine of $2,500.
        • Third Lifetime offense A 60-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum of a one year suspension. A minimum fine of $2,500 absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum $5,000 fine or five percent of purse (greater of the two) and may be referred to the commission for any further action deemed necessary by the commission.
15.2.6.9. C. Penalty recommendations (2) Category B penalties will be assessed against a owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows:
        • First Lifetime offense (365-day period) in any jurisdiction: Disqualification, loss of purse (in the absence of mitigating circumstances)* and horse must pass a commission-approved examination before becoming eligible to be entered.
        • Second Lifetime offense (365-day period) in any jurisdiction: Disqualification, loss of purse (in the absence of mitigating circumstances)* and horse must pass a commission-approved examination before becoming eligible to be entered.
        • Third Lifetime offense Disqualification, loss of purse, and in the absence of mitigating circumstances a $5,000 fine* and horse shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered.
15.2.6.9(D)(5)(c), 15.2.6.9 (D)(6), and 15.2.6.9(D)(7), 15.2.3.8 B (3)(f) Stewards Disciplinary Action 16.47. 15.2.3.8 B (1) (d) Stewards General authority 16.47.1.8. T. KNOWLEDGE OF RULES: 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." 15.2.3.8(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) NMAC: 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.” --PAGE 2 of 2--

Name: ANDRES S GONZALEZ Ruling Date: 9/18/2016
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2016-NMS-27 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Andres Gonzalez, having been duly notified for a hearing and waving his rights to a hearing appeared before the Board of Stewards on this date, Sept 18, 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 drug "Flunixin" which was found in sample NM20239, after it was collected from the horse, "Lethal Six" which finished 1st in the 3rd race, on July 17, 2016, at The Downs at Albuquerque.
(The original lab report indicated a finding of Flunixin at 25.3 pg/ml in blood/plasma, which exceeds the authorized limit of 20.0 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were offered and confirmed by Industrial Laboratories at 24.1 +/- 2.9ng/ml.
 Andres Gonzalez is found to be in violation of:  
15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."
For this violation, the Board of Stewards assess Andres Gonzalez a penalty as follows;
        1. A fine in the amount of Five Hundred Dollars ($500.00);
This is a second positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3) NMAC. The fine is to be paid on or before October 18, 2016 in accordance with 15.2.3.8(B)(3) 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: GERARDO GUTIERREZ Ruling Date: 9/8/2016
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2016-NMS-2 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 11/3/2016 Suspension End: 11/3/2017
Ruling Text:
Trainer Gerardo Gutierrez having been duly notified, and failing to appear before the Board of Stewards on September 7, 2016, at 10:30 AM 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” (Bute) and “Flunixin” (Banamine) which was found in sample NM19954, after it was collected from the horse, “Dirty Mike” which finished 1st in the 6th race, June 26, 2016, at The Downs at Albuquerque.
 
(The original lab report indicated a finding of Phenylbutazone at 15.73 mcg/ml and Flunixin at 1680 ng/ml in blood. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and denied.
 
 Gerardo Gutierrez is found to be in violation of: 15.2.6.9. (O) 2 in part
              1. A NSAID stacking violation with a penalty class B occurs when any combination of two of the following non-steroidal anti-inflammatory drugs are found at or above:
                  1. Flunixin 20 nanograms per milliliter of plasma or serum;
                  2. Phenylbutazone - 2 micrograms per milliliter of plasma or serum.
 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 Gerardo Gutierrez a penalty as follows;
 
 (1) A suspension of any/all NMSRC issued licenses for a period of 365 calendar days (November 3, 2016 through November 3, 2017,     
        Inclusive);
(2) A fine in the amount of five thousand dollars ($5000.00.);
(3) Disqualification and Loss of purse of the 6th race, June 26, 2016 at The Downs at Albuquerque
New Order of Finish
 1st De Big Wave                              5th Unfinished Biz
 2nd Blueskiesnrainbows                    6th Nmoceanfrontproperty
 3rd Mr Investment Junior                 7th Folly N Dash
 4th Quatro Eagle                              8th Cnc Dream On                             Unplaced: Dirty Mike
 
This is the sixth 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 October 8, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
During said time of applicable suspension, Gerardo 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) 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 Gutierrez 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 NEW MEXICO STATE FAIR BOARD OF STEWARDS
   
                _____________________                                _______________________                                    _____________________        
                           steward                                                                  steward                                                                  steward
An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.  The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier's check, money order or personal check.
Name: JAVIER M CHAVEZ Ruling Date: 9/8/2016
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2016-NMS-3 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Owner Javier M. Chavez been duly notified, and failing to appear before the Board of Stewards on September 7, 2016, at 10:30 AM 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” (Bute) and “Flunixin” (Banamine) which was found in sample NM19954, after it was collected from the horse, “Dirty Mike” which finished 1st in the 6th race, June 26, 2016, at The Downs at Albuquerque.
 
(The original lab report indicated a finding of Phenylbutazone at 15.73 mcg/ml and Flunixin at 1680 ng/ml in blood. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and denied.
 
 Javier M. Chavez is found to be in violation of: 15.2.6.9. (O) 2 in part
              1. A NSAID stacking violation with a penalty class B occurs when any combination of                                                       two of the following non-steroidal anti-inflammatory drugs are found at or above:
                  1. Flunixin 20 nanograms per milliliter of plasma or serum;
                  2. Phenylbutazone - 2 micrograms per milliliter of plasma or serum.
  
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”.
 
For this violation, the Board of Stewards assessed Javier M. Chavez a penalty as follows;
 
(1) A fine in the amount of five thousand dollars ($5000.00.);
(2) Disqualification and Loss of purse of the 6th race, June 26, 2016 at The Downs at Albuquerque
 1st De Big Wave   5th Unfinished Biz
 2nd Blueskiesnrainbows  6th Nmoceanfrontproperty
 3rd Mr Investment Junior      7th Folly N Dash
 4th Quatro Eagle   8th Cnc Dream On                             Unplaced: Dirty Mike
(3)    The horse “Dirty Mike” must pass a commission -approved examination before becoming eligible to enter.
 
This is the 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 October 8, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
 
                                                 BY ORDER OF NEW MEXICO STATE FAIR BOARD OF STEWARDS
 
  
                _____________________                                _______________________                                    _____________________        
                           steward                                                                  steward                                                                  steward
An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.  The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier's check, money order or personal check.
Name: ANDRES S GONZALEZ Ruling Date: 9/4/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-157 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 9/15/2016 Suspension End: 10/14/2016
Ruling Text:
Trainer, Andres Gonzalez, having been duly notified, and having appeared before the Board of Stewards on Sep 3, 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 NM20610, after it was collected from the horse "Dulce Rapida" which finished 1st in the 7th race, Aug 19, 2016 at the Downs at Albuquerque.
 (The original lab report indicated a finding of Clenbuterol in urine at 428 pg/ml. in urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and declined by, Andres Gonzalez. With this drug, no level of detection is allowed to be found in a post-race sample.
 
 Andres Gonzalez is found to be in violation of:
 15.2.6.9(D)(1) NMAC: 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.
 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC:  Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse.  A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule.  The Trainer is absolutely responsible regardless of the acts of third party."
 
For this violation, the Board of Stewards assess Andres Gonzalez a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 30 calendar days (Sept 15, 2016 through Oct 14, 2016,     
        Inclusive);
(2) A fine in the amount of seven hundred fifty dollars ($750.00.);
(3) Loss of purse of the 7th race, Aug 19, 2016, at the Downs at Albuquerque.
           New Order of Finish:
 1st  Love You More                 6th  Family Favorite
 2nd One Sweet Chick               7th  Streakin Vago
 3rd Relentless Reasons              8th   Humble N Noble
 4th Jesses Cash Run                  9th   Grc Graceful Azoom
 5th Shining Denim                                                          Unplaced: Dulce Rapida
(4)   The horse “Dulce Rapida” is placed on the stewards list for 60 days (9/1/16 to 11/1/16) and after that must pass a commission-approved exam before becoming eligible to be entered.
  
This is a first offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. The fine is to be paid on or before Oct 3,2016, in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 During said time of applicable suspension, Andres 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) 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 Andres Gonzalez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
  
                                                 BY ORDER OF THE DOWNS at ALBUQUERQUE BOARD OF STEWARDS
  
                _____________________                                _______________________                                    _____________________        
                           steward                                                                  steward                                                                  steward
An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.  The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier's check, money order or personal check.
Name: JOSE PANTOJA-SILVA Ruling Date: 9/3/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-143 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
 
Jockey Agent Jose Pantoja-Silva DOB 04/03/1984 having appeared before the Board of Stewards on September 2, 2016 regarding the entry of Spanish Gladiator in the 5th race on September 4, 2016 at The Downs at Albuquerque racetrack is found to be in violation of Commission rules.
 
Mr. Silva switched the entry of Spanish Gladiator originally in condition race Sub 1 to condition race Extra 8 without the authorization or approval of trainer Jeff A. Bustamante necessitating the horse to be scratched.
 
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 October 3, 2016 in accordance with, NMAC:  
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.
 
Failure to pay the fine within the time prescribed may result in immediate suspension.
 
This ruling is in accordance with:
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: Y
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: RODOLFO GUADALUPE VALLES Ruling Date: 7/11/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-80 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer, Rodolfo Valles, having appeared with council Freda Howard McSwane, Dr. Ivey owner of Equine Sports Medicine and Surgery Clinic, and observer Owner Bobby Simmons before the Board of Stewards on July 11, 2016 for a hearing that was continued from July 8, 2016, for possessing improperly labeled medication, a needle and a syringe during a compliance search by the investigator in the stable area on July 8, 2016 and found to be in violation of NMRC rules.

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

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

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

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

Licensee is found to be in violation of:

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

Name: RODOLFO GUADALUPE VALLES Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-80-ASG Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
RE: 2016-RUI-80 - Appeal Stay Granted Pending the Appeal Process- Please see Documents
Name: JAVIER M CHAVEZ Ruling Date: 7/4/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-75 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner Javier M. Chavez having been duly notified and having appeared before the Board Of Stewards on July 4, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited foreign drug, clenbuterol (class 3 penalty category B drug) Phenylbutazone, and Flunixin (staking violation, penalty class 3 category C drug) found in test sample NM16618 taken from the winner “Untangled Vines” following the 2nd race, on March 27, 2016 at Sunland Park Racetrack in Sunland Park, NM. (second confirmed violation within a 365- day period) and for a confirmed positive of the prohibited foreign Class 3B drug “clenbuterol” detected in horse “California Gurl”, who finished 1st place in the 3rd race, on April 23, 2016 at Sunland Park Racetrack in Sunland Park, NM. Test Sample #: NM16069. (third violation within 365-day period).

(The original lab report indicated a finding of clenbuterol at 212 picograms per milliliter in the urine, Phenylbutazone at 3.33 micrograms per milliliter in the blood, Flunixin at 16.4 nanograms per milliliter in the blood in sample NM16618. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Gerardo Gutierrez.)

(The original lab report indicated a finding of clenbuterol at 158 pg/ml in the urine in sample NM16069. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Gerardo Gutierrez.) Trainer Gerardo Gutierrez is the trainer of record for horses Untangled Vines" and “California Gurl” which was the subject of the clenbuterol positive.

Javier M. 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 (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” 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.

The Board of Stewards assessed Javier M. Chavez a penalty as follows: For this second Class 3B medication violation in a 365- day period (refer to rulings 2016-RUI-54) issued in accordance with 15.2.6.9 (C)(2)(b) NMAC,

1. The horse “Untangled Vines” must pass a commission-approved examination before becoming eligible to be entered. 2. Loss of purse from the 2nd race, on March 27, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse“Untangled Vines” is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows.

    1. Oh Papas Baby
    2. Jl Diamond Jack
    3. Miss Corona Dasie
    4. Red Finch
    5. RI Jess Ryder
UNPLACED “Untangled Vines” also ordered unplaced were “Racers Regard” and “Transfusion”

For this third Class 3B medication violation in a 365- day period (refer to rulings 2016-RUI-54, 2016-RUI -73, 2016-RUI-74) issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, 15.2.6.9 C. PENALTY RECOMMENDATIONS:(2) Category B penalties will be assessed against a owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows: Third Lifetime offense (365-day period) in any jurisdiction Disqualification, loss of purse, $5,000 fine and horse shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered 3. A ($5,000) five thousand dollar fine to paid on or before August 3, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension. 4. The horse “California Gurl” shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered. 5. Loss of purse from the 3rd race, on April 23, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse California Gurl”, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows. 6. Go For Sixes 7. Chicks Fast Prize 8. Unforgottenrareform 9. Hiding a Secret 10. Parhelion 11. The Devils Rainbow 12. Wontchadancewithme 13. Rapido James 14. Buccaneer Angel UNPLACED California Gurl”,

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: GERARDO GUTIERREZ Ruling Date: 7/8/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-73-MODPEN Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 8/4/2016 Suspension End: 11/2/2016
Ruling Text: RE: 2016-RUI-73 - Modified Penalty Trainer Gerardo Gutierrez having been duly notified and having appeared with translator Jose Ignacio De Herrera before the Board Of Stewards on July 4, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited foreign drug, clenbuterol (class 3 penalty category B drug) Phenylbutazone, and Flunixin (staking violation, penalty class 3 category C drug) found in test sample NM16618 taken from the winner “Untangled Vines” following the 2nd race, on March 27, 2016 at Sunland Park Racetrack in Sunland Park, NM.

(The original lab report indicated a finding of clenbuterol at 212 picograms per milliliter in the urine, Phenylbutazone at 3.33 micrograms per milliliter in the blood, Flunixin at 16.4 nanograms per milliliter in the blood in sample NM16618. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Gerardo Gutierrez.) Javier M. Chaves is the owner of record for horse “Untangled Vines” which was the subject of the clenbuterol positive.

Gerardo Gutierrez 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. 15.2.6.9 C. PENALTY RECOMMENDATIONS:(2) Category B penalties will be assessed against a owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows: Third Lifetime offense (365-day period) in any jurisdiction Disqualification, loss of purse, $5,000 fine and horse shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered For this second Class 3B medication violation in a 365- day period (refer to rulings 2016-RUI-54, 4) issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Gerardo Gutierrez a penalty as follows:

    1. A ($2,500) two thousand five hundred dollar fine to to paid on or before August 3, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension.
    2. A 90 day suspension of all NMRC licenses, running consecutively with ruling 2016-RUI-54, from August 4, 2016 through November 2, 2016 inclusive.

3. The horse “Untangled Vines” must pass a commission-approved examination before becoming eligible to be entered. 4. Loss of purse from the 2nd race, on March 27, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse“Untangled Vines” is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows.

                      1. Oh Papas Baby
                      2. Jl Diamond Jack
                      3. Miss Corona Dasie
                      4. Red Finch
                      5. RI Jess Ryder
UNPLACED “Untangled Vines” also ordered unplaced were “Racers Regard” and “Transfusion”

During said time of applicable suspension Gerardo 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 Gerardo Gutierrez 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: GERARDO GUTIERREZ Ruling Date: 7/4/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-73 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 8/4/2016 Suspension End: 11/2/2016
Ruling Text: Trainer Gerardo Gutierrez having been duly notified and having appeared with translator Jose Ignacio De Herrera before the Board Of Stewards on July 4, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited foreign drug, clenbuterol (class 3 penalty category B drug) Phenylbutazone, and Flunixin (staking violation, penalty class 3 category C drug) found in test sample NM16618 taken from the winner “Untangled Vines” following the 2nd race, on March 27, 2016 at Sunland Park Racetrack in Sunland Park, NM.

(The original lab report indicated a finding of clenbuterol at 212 picograms per milliliter in the urine, Phenylbutazone at 3.33 micrograms per milliliter in the blood, Flunixin at 16.4 nanograms per milliliter in the blood in sample NM16618. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Gerardo Gutierrez.) Javier M. Chaves is the owner of record for horse “Untangled Vines” which was the subject of the clenbuterol positive.

Gerardo Gutierrez 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. 15.2.6.9 C. PENALTY RECOMMENDATIONS:(2) Category B penalties will be assessed against a owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows: Third Lifetime offense (365-day period) in any jurisdiction Disqualification, loss of purse, $5,000 fine and horse shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered For this second Class 3B medication violation in a 365- day period (refer to rulings 2016-RUI-54, 4) issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Gerardo Gutierrez a penalty as follows:

    1. A ($2,500) twenty five thousand dollar fine to to paid on or before August 3, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension.
    2. A 90 day suspension of all NMRC licenses, running consecutively with ruling 2016-RUI-54, from August 4, 2016 through November 2, 2016 inclusive.

3. The horse “Untangled Vines” must pass a commission-approved examination before becoming eligible to be entered. 4. Loss of purse from the 2nd race, on March 27, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse“Untangled Vines” is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows.

                      1. Oh Papas Baby
                      2. Jl Diamond Jack
                      3. Miss Corona Dasie
                      4. Red Finch
                      5. RI Jess Ryder
UNPLACED “Untangled Vines” also ordered unplaced were “Racers Regard” and “Transfusion”

During said time of applicable suspension Gerardo 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 Gerardo Gutierrez 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: GERARDO GUTIERREZ Ruling Date: 7/4/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-74 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 11/3/2016 Suspension End: 7/1/2017
Ruling Text: Trainer Gerardo Gutierrez having been duly notified and having appeared with translator Jose Ignacio De Herrera before the Board Of Stewards on July 4, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive of the prohibited foreign Class 3B drug “clenbuterol” detected in horse “California Gurl”, who finished 1st place in the 3rd race, on April 23, 2016 at Sunland Park Racetrack in Sunland Park, NM. Test Sample #: NM16069. (third violation within 365-day period).

(The original lab report indicated a finding of clenbuterol at 158 pg/ml in the urine in sample NM16069. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Gerardo Gutierrez.) Javier M. Chaves is the owner of record for horse “California Gurl” which was the subject of the clenbuterol positive.

Javier M. 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 (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. 15.2.6.9 C. PENALTY RECOMMENDATIONS:(2) Category B penalties will be assessed against a owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows: Third Lifetime offense (365-day period) in any jurisdiction Disqualification, loss of purse, $5,000 fine and horse shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered For this third Class 3B medication violation in a 365- day period (refer to rulings 2016-RUI-54 and 2016-RUI -73) issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Javier M. Chavez a penalty as follows:

    1. A 240 day suspension of all NMRC licenses, running consecutively with ruling 2016-RUI-73, from November 3, 2016 through July 1, 2017 inclusive.
    2. A ($5,000) five thousand dollar fine to paid on or before August 3, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension.
    3. The horse “California Gurl” shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered.
    4. Loss of purse from the 3rd race, on April 23, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse California Gurl”, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows.
                      1. Go For Sixes
                      2. Chicks Fast Prize
                      3. Unforgottenrareform
                      4. Hiding a Secret
                      5. Parhelion
                      6. The Devils Rainbow
                      7. Wontchadancewithme
                      8. Rapido James
                      9. Buccaneer Angel
UNPLACED California Gurl”,

During said time of applicable suspension Gerardo 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 Gerardo Gutierrez 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: GERARDO GUTIERREZ Ruling Date: 6/26/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-54 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 7/4/2016 Suspension End: 8/3/2016
Ruling Text: Trainer Gerardo Gutierrez having been duly notified and having appeared with interpreter Fernando Ramirez before the Board Of Stewards on June 24, 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 “Cut Loose Taylor”, who finished 1st place in the fourth race, on March 27, 2016 at Sunland Park Racetrack. Test Sample #: NM16624. (The original lab report indicated a finding of clenbuterol at 414 pg/ml in the urine and confirmed in the split sample by Texas A&M at 472±61 pg/ml in the urine.) Owner Javier M. Chavez was duly notified and failed to appear for the hearing . He is the owner of record for horse “Cut Loose Taylor” which was the subject of the clenbuterol positive. Gerardo Gutierrez 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 Gerardo Gutierrez a penalty as follows: 1. A 30 day suspension of all NMRC licenses beginning July 4, 2016 through August 3, 2016, inclusive. 2.A ($750) seven hundred and fifty dollar fine to paid on or before July 26, 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 “Cut Loose Taylor” must pass a commission approved veterinary examination before being eligible to enter. 4.Loss of purse from the fourth race, on March 27, 2016 at Sunland Park Racetrack and the horse Cut Loose Taylor”, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows. 1) Jm Apollo 2) Hc Colour Me Chico 3) Inchoho Tes 4) Skunktail Eagle 5) Bp Painted Mariah 6) Wrs Quick Reguards 7) The Big Wagon UNPLACED Cut Loose Taylor”, During said time of applicable suspension Gerardo 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 Gerardo Gutierrez 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: JAVIER M CHAVEZ Ruling Date: 5/29/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-59 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Owner Javier M. Chavez being represented by Trainer Gerado Gutierrez having been duly notified, and having appeared before the Board of Stewards on May 29, 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 NM19274, after it was collected from the horse,  “Vegas Cartel” which finished first in the 3rd race, April 23,2016, at SunRay Park;
 
(The original lab report indicated a finding of Phenylbutazone at 0.60 mcg/ml and Flunixin at 19 ng/ml in urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and denied.
 
 Javier M. Chavez 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”.
 
 
 
For this violation, the Board of Stewards assessed Javier M. Chavez a penalty as follows;
 
A warning, as this is a 1st 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 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: SHAUN CHRISTOPHER MORROW Ruling Date: 2/21/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-106 Ruling Type: Employment Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Licensee having appeared before the Board of Stewards on February 14, 2016, for employing a groom, Brayan Amaparan Salas, whose NMRC Groom License was expired.

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 dollars ($200). The fine is to be paid on or before April 1, 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 (A)NMAC and 15.2.1.7 (L) NMAC: Which states in pertinent party “A person shall not participate in Pari Mutuel racing under the jurisdiction of the Commission, or be employed by an Association who is a gaming operator, without a valid license issued by the Commission”

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

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

Name: PRISCILLA LEON Ruling Date: 1/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-71 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Priscilla Leon,, having been duly notified, and appeared telephonically, before the Board of Stewards on January 16, 2016, regarding a confirmed positive test for Class IV drugs “Phenylbutazone” and “Flunixin” which combined is considered a Class II Stacking Violation found in sample NM 14199, after it was collected from the horse “Emmie B Who” which finished first in the sixth race, July 19, 2015, at Sunray Park..

(The original lab report indicated a finding of Phenylbutazone at 0.86 microgram per milliliter and Flunixin at 16.6 nanograms per milliliter. Split sample rights, as provided in 15.2.6.10(D) NMAC were offered and waived after Pricilla Leon failed to contact the New Mexico Horseman’s Association in a timely manner).

Sammy Vaelasquez is the Owner of the horse “Emmie B Why,” which was the subject of related rulings issued this date, at Sunland Park, in which a sanction was made against the Trainer of record.

As such, the following applies:

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 Phenylbutazone shall be administered in such dosage amount that the official test sample shall not exceed 2 micrograms per milliliter 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." 15.2.6.9 P. Non-Steroidal Anti-Inflammatory Drugs (NSAIDs): The use of NSAIDs shall be governed by the following conditions:(1) NSAIDs included in the “arci controlled therapeutic medication schedule for horses” are not to be used in a manner inconsistent with the restrictions contained herein. NSAIDs not included on the “arci controlled therapeutic medication schedule for horses are not to be present in a racing horse’s biological sample at the laboratory concentration of detection. (2) The presence of more than one NSAID may constitute a NSAID stacking violation. (5)A class 2 NSAID stacking violation with a penalty class C occurs when any one substance noted in paragraph c above is found in excess of the restrictions contained therein in combination with any one of the following substances at levels below the restrictions so noted but in excess of the following levels:(a) Flunixin - 3 nanograms per milliliter of plasma or serum;(b) Ketoprofen - 1 nanogram per milliliter of plasma or serum;(c) Phenylbutazone - 0.3 micrograms per milliliter of plasma or serum. (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: 1st offense (365-day period) in any jurisdiction in the following levels, the penalty is a minimum of a written warning to maximum fine of $500: For this violation, the Board of Stewards assessed Priscilla Leon a penalty of: Five hundred dollar ($500) fine to be paid on or before February 29, 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: PRISCILLA LEON Ruling Date: 1/23/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-71-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2016-SUN-71 - Modified Ruling Spelling of owners name corrected. Trainer Priscilla Leon,, having been duly notified, and appeared telephonically, before the Board of Stewards on January 16, 2016, regarding a confirmed positive test for Class IV drugs “Phenylbutazone” and “Flunixin” which combined is considered a Class II Stacking Violation found in sample NM 14199, after it was collected from the horse “Emmie B Who” which finished first in the sixth race, July 19, 2015, at Sunray Park..

(The original lab report indicated a finding of Phenylbutazone at 0.86 microgram per milliliter and Flunixin at 16.6 nanograms per milliliter. Split sample rights, as provided in 15.2.6.10(D) NMAC were offered and waived after Pricilla Leon failed to contact the New Mexico Horseman’s Association in a timely manner).

Sammy Velasquez is the Owner of the horse “Emmie B Why,” which was the subject of related rulings issued this date, at Sunland Park, in which a sanction was made against the Trainer of record.

As such, the following applies:

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 Phenylbutazone shall be administered in such dosage amount that the official test sample shall not exceed 2 micrograms per milliliter 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." 15.2.6.9 P. Non-Steroidal Anti-Inflammatory Drugs (NSAIDs): The use of NSAIDs shall be governed by the following conditions:(1) NSAIDs included in the “arci controlled therapeutic medication schedule for horses” are not to be used in a manner inconsistent with the restrictions contained herein. NSAIDs not included on the “arci controlled therapeutic medication schedule for horses are not to be present in a racing horse’s biological sample at the laboratory concentration of detection. (2) The presence of more than one NSAID may constitute a NSAID stacking violation. (5)A class 2 NSAID stacking violation with a penalty class C occurs when any one substance noted in paragraph c above is found in excess of the restrictions contained therein in combination with any one of the following substances at levels below the restrictions so noted but in excess of the following levels:(a) Flunixin - 3 nanograms per milliliter of plasma or serum;(b) Ketoprofen - 1 nanogram per milliliter of plasma or serum;(c) Phenylbutazone - 0.3 micrograms per milliliter of plasma or serum. (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: 1st offense (365-day period) in any jurisdiction in the following levels, the penalty is a minimum of a written warning to maximum fine of $500: For this violation, the Board of Stewards assessed Priscilla Leon a penalty of: Five hundred dollar ($500) fine to be paid on or before February 29, 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: MONICA L ORTEGA Ruling Date: 9/27/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2015-NMS-64 Ruling Type: General/Miscellaneous Rulings
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Licensee having been notified by phone and waived her right to a hearing before the Board of Stewards on this date Sept 27, 2015, for failure to use equipment as entered ( FLIPPING HALTER ON- ENTERED WITH FLIPPING HALTER OFF) on the horse “Devious Chuchu”, entered in the 10th race, on Sept 26, 2015, at The State Fair Meet at the Downs of Albuquerque. Licensee is found to be in violation of Commission rules. NMAC: 15.2.5.8 (B10)

For this rule violation, the Board of Stewards assessed a penalty in the amount of fifty dollars ($ 50.00). The fine is to paid on or before Oct 26, 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: JOSE ROBERTO GONZALEZ Ruling Date: 9/20/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2015-NMS-36 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer, Jose R. Gonzalez Sr. , 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 NM14038, after it was collected from the horse "Funnyyoushouldask" which finished third in the eighth race, July 4, 2015 at SunRay Park.

(The original lab report indicated a finding of Clenbuterol in urine at 278 pg/ml.

Trainer, Jose R. Gonzalez 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".

15.2.6.9 (P) NMAC: Which states in pertinent part the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective 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 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 R. Gonzalez Sr. a special penalty as follows:
(1) Probation of any/all NMSRC issued licenses for a period of 180 calendar days (September 21, 2015 through March 21, 2016 Inclusive);
(2) A fine in the amount of one-thousand dollars ($1,000.00.);
(3) Loss of purse of the 8th race, July 4, 2015, at SunRay Park.

The fine is to be paid on or before November 21, 2015 in accordance with 15.2.3.8(B)(3)(l) NMAC.

During said time of probation, Trainer, Jose R. Gonzalez Sr.is hereby on notice that any Class III, medication violation will result in immediate suspension.

Additionally, as a condition of this ruling, Trainer Jose R. Gonzalez Sr. waives his right for an appeal.

(Additional sanctions are to apply to the Owner, and Horse, as outlined in related rulings.

BY ORDER OF THE “FAIR MEET AT ALBUQUERQUE PARK” BOARD OF STEWARDS




_____________________ _______________________ _____________________
steward steward steward
Name: JOSE ROBERTO GONZALEZ Ruling Date: 9/20/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2015-NMS-38 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer, Jose R. Gonzalez Sr. , 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 NM14169, after it was collected from the horse "Hotdoggin Deputy" which finished first in the ninth race, July 17, 2015 at SunRay Park.

(The original lab report indicated a finding of Clenbuterol in urine at 1197 pg/ml.

Trainer, Jose R. Gonzalez 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".

15.2.6.9 (P) NMAC: Which states in pertinent part the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective 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 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 R. Gonzalez Sr. a special penalty as follows:
(1) Probation of any/all NMSRC issued licenses for a period of 180 calendar days (March 22, 2016 through Sep. 22, 2016 Inclusive); (These dates are associated with other rulings, and served consecutively.
(2) A fine in the amount of one-thousand dollars ($1,000.00.);
(3) Loss of purse of the 9th race, July17, 2015, at SunRay Park.

The fine is to be paid on or before November 21, 2015 in accordance with 15.2.3.8(B)(3)(l) NMAC.

During said time of probation, Trainer, Jose R. Gonzalez Sr.is hereby on notice that any Class III, medication violation will result in immediate suspension.

Additionally, as a condition of this ruling, Trainer Jose R. Gonzalez Sr. waives his right for an appeal.

(Additional sanctions are to apply to the Owner, and Horse, as outlined in related rulings.

BY ORDER OF THE “FAIR MEET AT ALBUQUERQUE PARK” BOARD OF STEWARDS




_____________________ _______________________ _____________________
steward steward steward
Name: JOSE ROBERTO GONZALEZ Ruling Date: 9/20/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2015-NMS-40 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer, Jose R. Gonzalez Sr. , 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 NM15102, after it was collected from the horse "Lady Shzzam" which finished first in the third race, August 25, 2015 at SunRay Park

(The original lab report indicated a finding of Clenbuterol in urine at 10,953 pg/ml.

Trainer, Jose R. Gonzalez 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".

15.2.6.9 (P) NMAC: Which states in pertinent part the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective 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 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 R. Gonzalez Sr. a special penalty as follows:
(1) Probation of any/all NMSRC issued licenses for a period of 180 calendar days (March 24, 2017 through Sept. 24, 2017 Inclusive); (These dates are associated with other rulings, and served consecutively.
(2) A fine in the amount of one-thousand dollars ($1,000.00.);
(3) Loss of purse of the 3rd race, August 25, 2015 at SunRay Park.

The fine is to be paid on or before November 21, 2015 in accordance with 15.2.3.8(B)(3)(l) NMAC.

During said time of probation, Trainer, Jose R. Gonzalez Sr.is hereby on notice that any Class III, medication violation will result in immediate suspension.

Additionally, as a condition of this ruling, Trainer Jose R. Gonzalez Sr. waives his right for an appeal.

(Additional sanctions are to apply to the Owner, and Horse, as outlined in related rulings.

BY ORDER OF THE “FAIR MEET AT ALBUQUERQUE PARK” BOARD OF STEWARDS




_____________________ _______________________ _____________________
steward steward steward
Name: SHAUN CHRISTOPHER MORROW Ruling Date: 8/22/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-148 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Shaun Morrow, having appeared by telephone before the Board of Stewards on August 17, 2015, for failure to appear in paddock with his horse, Sams Blue Cat, which resulted in a late scratch in the fifth race August 18, 2015, at Sunray Park.

For this rule violation, the Board of Stewards assessed Shaun Morrow a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before September 21, 2015 in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

Licensee is found to be in violation of:


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: MONICA L ORTEGA Ruling Date: 8/9/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-107 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Mrs. Monica Ortega, having been duly notified, and having appeared without council before the Board of Stewards on August 8, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the drug "Methocarbamol" which was found in sample NM08770, after it was collected from the horse, "Rumored Overnight" which finished 2nd in the 4th race, October 3, 2014 at the Downs at Albuquerque.

(The original lab report indicated a finding of Methocarbamol at 21,759 ng/ml in urine sample. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and declined.)

Monica Ortega 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".

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 case of a post-race test, was present in the horse’s body while it was participating in a race.”

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 Monica Ortega a penalty as follows;

  1. A fine in the amount of one thousand dollars, ($1000.00)
  2. The horse “Rumored Overnight” must pass a commission approved examination before being eligible to run.

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: KYLE COLBY WILLOUGHBY Ruling Date: 7/20/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-167 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/20/2015 Suspension End: 8/19/2015
Ruling Text:
Pony Person and Exercise Applicant KYLE COLBY WILLOUGHBY, having failed a required pre-licensing test on this date, with results indicating a non-negative result (amphetamine) from said test at Ruidoso Downs;

This matter having come before the Board of Stewards, it is hereby ordered that the license applications of Pony Person and Exercise rider for KYLE COLBY WILLOUGHBY are hereby denied.

This ruling is in accordance with:

15.2.3.8(B)(3)(g) NMAC: Which states in pertinent part “The Stewards may order that a person be ineligible for licensing, or they may deny a license to an applicant on grounds set forth in the act, or these rules”.

16.47.1.8 (A)(4) NMAC: Which states in pertinent part “License applicants must submit to a drug/alcohol screening test when making application for license”.

16.47.1.16(C)(7) NMAC: Which states in pertinent part “It shall be an offense to exercise the privileges granted by a license of this Commission if the licensee presently has rugs (controlled substances) in his/her body.


KYLE COLBY WILLOUGHBY is currently ineligible for licensing, and may not reapply for a period of thirty days, (until August 19, 2015), at which time his eligibility will be determined.

During said time of ineligibility, Mr. Willoughby is hereby excluded from all restricted 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: JEB C LONEY Ruling Date: 6/26/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-117 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Outrider JEB C LONEY, having been notified, and having appeared before the Board of Stewards on this date, regarding a confrontation near the track surface entrance on Monday, June 22, 2015, at Ruidoso Downs;

(Loney got into a verbal and physical confrontation with a Jockey).

JEB C. LONEY is found to be in violation of:

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

For this rule violation the Board of Stewards assessed JEB C. LONEY a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before July 26, 2015, in accordance with 15.2.3.8 (B)(3)(l).

Additionally, JEB C. LONEY is hereby placed on probation for the remainder of this meeting, through September 7, 2015, inclusive. Any further related violation will result in further sanction.

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

Name: JAVIER M CHAVEZ Ruling Date: 4/23/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-21 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 Javier M. Chavez, having been duly notified, and having appeared (Via Counsel Pat Bingham) on April 19, 2015 the Downs at Albuquerque Board of Stewards regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in urine sample NM06988, after it was collected from the horse “Mr Royal N Rare” which finished first in the 4th race, Friday, June 20, 2014 at Sunray Park.

Javier M. Chavez is listed as the recorded Owner of the horse “Mr Royal N Rare”, which was the subject of related rulings, issued this date, at Sunland Park, in which sanction was made against the Trainer of record and the horse.

(The original lab report indicated a finding of Clenbuterol at a level of 793 pg/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and accepted by, Larry Chavez. The split was confirmed positive by Truesdale Laboratory with a finding of 312.5 pg/ml in urine).
As such, the following applies:

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

For this violation, the Board of Stewards assessed a of penalty:
  1. Disqualification and loss of purse of the 4th race, Friday, June 20, 2014, at the Sunray Park.
  2. The horse is placed on the veterinarian’s list and must pass a commission approved examination prior to entry.

(Refer to related rulings, issued this date, at The Downs at Albuquerque).

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: JANE E WIGGINS Ruling Date: 12/22/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-486 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/22/2014 Suspension End: 1/3/2015
Ruling Text:
Owner Jane E. Wiggins, having failed to pay the fines assessed in ruling #2014-ZIA-210, issued 10/26/2014, at ZIA PARK;

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

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

During said time of applicable suspension, Jane E. Wiggins 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: JANE E WIGGINS Ruling Date: 1/4/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-486-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/22/2014 Suspension End: 1/3/2015
Ruling Text:
RE: 2014-SUN-486 - Restored to Good Standing
Owner Jane E. Wiggins, having paid the fines assessed in ruling #2014-ZIA-210, issued 10/26/2014, at ZIA PARK is hereby restored to good standing by the Sunland Park Board of Stewards.
Name: PRISCILLA LEON Ruling Date: 6/21/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 0092614 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING#: 0092614 TRACK: SunRay Park DATE: June 21, 2014 LICENSEE: Trainer PRISCILLA LEON DOB: 10/20/1953 LICENSE #:76081185 having appeared before the Board of Stewards on June 21, 2014 for a positive test for the drug Clenbuterol which was found in sample # NM04496 after it was collected from the horse "TALEAS LIBERTY" which finished in 1st place in the 2rd race on April 6, 2014 at Sunland Park Race Track . LICENSEE: Trainer - Priscilla Leon is found to be in violation of: 15.2.6.9(C)(1) NMAC: Which states in pertinent part that "A finding by the official chemist 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." ___X__(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 Priscilla Leon a penalty as follows: (1) A 60 days suspension of any/all NMRC licenses from July 1, 2014 to August 30, 2014. (2) A fine of ($1000.00) Thousand dollars to be paid on or before July 31, 2014. (3) A loss of purse on this race. In accordance with 15.2.3.8(B) (3) (1) NMAC. This is the first positive test violation within a 365-day period and is in accordance with 15.2.6.9 (c) (3) (a) NMAC the fine is to be paid on or before any re-instatement 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. During the time of suspension, Priscilla Leon is excluded from all areas under the jurisdiction of the NMAC, in accordance with 15.2.1.9 (c) (21)(a-b) NMRC and 15.2.3.8 (B)(3)(1) NMAC. Additionally, effective upon application suspension dates, all horses owned or trained, or under the care of Priscilla Leon 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 SUNRAY PARK BOARD OF STEWARDS STEWARD STEWARD STEWARD Reuben Rivera Bob Allison Linda Salinas Appeal Filing Deadline: 15.2.1.9(B) (9) (b) NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main commission offices or with the Stewards who issued the ruling.



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