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. >5/16/2019<

174 Total Rulings compiled at: 5/21/2019 6:49:31 PM G.M.T.

Name: MASON COLE STERHAN Ruling Date: 5/21/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 19-RP-047 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: THE ASSISTANT RACING OFFICIAL LICENSE ISSUED TO MASON COLE STERHAN, IS HEREBY RESCINDED AS HE IS NO LONGER WORKING IN THAT CAPACITY EFFECTIVE 5/17/2019.
Name: DARIUS THORPE Ruling Date: 5/21/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-30 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, Darius Thorpe Permit #20072 DOB 05/08/1995 is fined One Hundred ($100.00) for being in violation of Rule 178-1-45.5d applicable part which reads. 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. Jockey Darius Thorpe failed to make his reported weight in the Second race on Saturday May 18, 2019.

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

Name: victor rodriguez Ruling Date: 5/21/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-31 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, Victor Rodriguez Permit #20014 DOB 07/12/1981 is fined One Hundred ($100.00) Dollars for being in violation of Rule 178-1-45.5d applicable part which reads. 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. Jockey Victor Rodriguez failed to make his reported weight in the Fifth race on Saturday May 18, 2019. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five Hundred ($500.00) Dollars.
Name: CHRISTIAN HIRALDO Ruling Date: 5/21/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-32 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/24/2019 Suspension End: 5/27/2019
Ruling Text: Jockey Christian Hiraldo Permit #20081 DOB 08/16/1992 is Suspended Three racing days, including Friday May 24, Saturday May 25, and Thursday May 30, 2019. Jockey Hiraldo is in 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 Hiraldo let his mount, Global First Class bear out nearing the quarter pole, causing the rider of Salerno to take up and unseat the rider of Satchmo’s Crossing in the Eighth Race on Friday May 17, 2019. Global First Class was disqualified from first (1st) and placed tenth (10th). All fines imposed by the Stewards shall be paid to the Racing Commission within Seven (7) days after the ruling is issued, unless otherwise ordered by the Stewards, Per West Virginia Rule of Racing Number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five Hundred ($500.00) Dollars.
Name: JOSE ENRIQUE ORTIZ Ruling Date: 5/20/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-36 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/20/2019 Suspension End:
Ruling Text: Jockey Jose Enrique Ortiz is hereby suspended, effective immediately May 20, 2019, for failing to pay the fine ($200) assessed in Ruling 2019-SUN-222.

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

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

Name: JAIME PARGA-LEOS Ruling Date: 5/20/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-37 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/20/2019 Suspension End:
Ruling Text: Jockey Jaime Parga Leos is hereby suspended, effective immediately May 20, 2019, for failing to pay the fine ($200) assessed in Ruling 2019-SUN-235.

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

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

Name: Ricardo Moreno Ruling Date: 5/20/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-3 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Hra - Misuse of the whip
Name: Ricardo Moreno Ruling Date: 5/20/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-3-FO Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-WUD-3 - Ruling Final Outcome
Name: Sanford Scott Campbell Ruling Date: 5/20/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-20 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA 222(1) Late to paddeock causing scratch
Name: Sanford Scott Campbell Ruling Date: 5/20/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-20-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-20 - Ruling Final Outcome
Name: JOSE M BIBIAN Ruling Date: 5/20/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 19-RP-046 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/16/2019 Suspension End: 5/30/2019
Ruling Text: GROOM/HOTWALKER, JOSE MARIA PEREX-BIBIAN PLED "NO CONTEST" FOR BEING IN POSSESSION OF A SMALL AMOUNT OF MARIJUANA WITHIN THE ENCLOSURE OF RP ON 5/10/2019. MR. PEREZ-BIBIAN IS SUSPENDED FOR 15 DAYS BEGINNING 5/16/2019 AND CONTINUING THROUGH 5/30/2019. DURING THE TERM OF HIS SUSPENSION, HE IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACETRACKS AND PUBLIC AREAS UNDER THE OHRC JURISDICTION.
Name: DAVID COHEN Ruling Date: 5/20/2019
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 2019-OP-47 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Arkansas Racing Commission (ARC), meeting on May 4, 2019, has upheld the Board of Stewards at Oaklawn Park in ARC Ruling #OP-37-2019 in which Jockey David Cohen was suspended two racing days for careless riding while aboard "Petrov" in the Eighth Race on April 7, 2019. Because the 2019 meet at Oaklawn ended on May 4, 2019, Mr. Cohen will now serve his suspension on the first two racing days of the 2020 meet at Oaklawn Park.

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

Name: RANDY MATTHEWS Ruling Date: 5/20/2019
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 2019-OP-48 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Randy Matthews, on behalf of owners Harlan and Karl Betlesky, appealed to the Arkansas Racing Commission a Board of Stewards' decision, to disqualify "Ucanthankmelater" from first to second place in the second race on April 13, 2019. The Arkansas Racing Commission heard the appeal on May 4, 2019. Mr. Matthews walked out of the hearing before the Commission prior to its conclusion.

Following a review of the race on video tape, the "Stewards' decision resulted in a double disqualification as both "Ucanthankmelater" and "California Swing" were disqualified and placed second and third respectively behind "Street Trust."

Following the conclusion of the hearing, the Arkansas Racing Commission unanimously upheld the decision of the Board of Stewards to disqualify "Ucanthankmelater" and awarded the win to "Street Trust", owned by Clark O. Brewster and trained by Steve Asmussen. All purse money held by the Horsemen's Bookkeeper was ordered to be released to the proper owners.

Name: TIM RAY DIXON Ruling Date: 5/20/2019
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 2019-OP-49 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Timothy Dixon is fined $500.00 for failing to bring "All About Clara" to the Paddock for the Tenth Race on May 3, 2019, a violation of ARC Rule 2121, necessitating a late scratch after the pari-mutuel windows were open for wagering.

Name: PAUL RAY DAVIS Ruling Date: 5/20/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-012-19 Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Paul Davis Jr. being Trainer of record on the horse RIDGEWAY SPRINGS, is fined $1,000.00 and Ridgeway Springs is placed on the Stewards List for 14 days for failing the Pre Race test on May 8, 2019. Any horse that tests at a Base Excess level of 12.4mmol/l (m/Eqll) or higher for a Lasix treated horse is considered UNFIT TO RACE. Ridgeway Springs tested at 12.5mmol/l. After 14 days Ridgeway Springs must pass a Blood Gas test and Re-qualify to compete in purse events (see DHRC rule: 8.9; 8.9.1; 8.9.14.2.1; 8.9.15.1.1; 8.9.15.1.2). All fines are to be paid within 10 days of written rule. Mr. Davis had a Judge's hearing on May 13, 2019 at Harrington Raceway.
Name: ANDREW J. STAFFORD Ruling Date: 5/20/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-013-19 Ruling Type: Trainer Responsibility
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Andrew Stafford is fined $100.00 for a late driver change on SCUOLA HANOVER in the 5th race on May 14, 2019 at Harrington Raceway (see DHRC rule: 5.3.3.17). All fines are to be paid within 10 days of written rule.
Name: JAMES ALPHONSE MORAND Ruling Date: 5/20/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-014-19 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 James Morand is fined $50.00 for a Euro Rail Rule violation in the last turn while driving Sweet Reason in the 11th race at Harrington Raceway on May 15, 2019. Sweet Reason finished 3rd and was placed 4th (see DHRC rule: 7.6.15.2.3). All fines are to be paid within 10 days of written rule.
Name: ALLAN W DAVIS Ruling Date: 5/20/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-015-19 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Driver Allan Davis is fined $50.00 for a Euro Rail Rule violation in the last turn while driving Enno Hanover in the 11th race at Harrington Raceway on May 15, 2019. Enno Hanover finished 2nd and was placed 3rd (see DHRC rule: 7.6.15.2.3). All fines are to be paid within 10 days of written rule.
Name: Mohamed ABDULKARIM Nur Ruling Date: 5/20/2019
Jurisdiction: Oregon Racing Commission Facility: Oregon Racing Commission
Ruling Number: ORC19-025 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/20/2019 Suspension End:
Ruling Text: Nur applied for a special events license as an employee with ADW TVG. Nur failed to disclose numerous arrests and 2 pending criminal cases. TVG fired NUR. License denied.
Name: Patricia Leah Castleberry Ruling Date: 5/20/2019
Jurisdiction: Oregon Racing Commission Facility: Oregon Racing Commission
Ruling Number: ORC19-024 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/20/2019 Suspension End:
Ruling Text: Castleberry applied for a special events license with ADW TVG. Castleberry has an active criminal warrant. License denied.
Name: NOE GARCIA Ruling Date: 5/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-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 Noe Garcia Jr. was summoned and appeared before the Board of Stewards on May 18, 2019, for failure to make sufficient effort to maintain his lane while aboard ““VALIANT SIGN”, which resulted in his mount being disqualified from 1st place to 4th place in the 8th race on May 17, 2019, at Ruidoso Downs.

The Board of Stewards hereby fines Noe Garcia Jr. in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before June 18, 2019 in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed shall result in immediate suspension.

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

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

15.2.1.9(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

Name: RAUL HERRERA Ruling Date: 5/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-32 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Raul Herrera was summoned and appeared before the Board of Stewards on May 18, 2019. The hearing was in regard to Raul Herrera’s excessive use of the whip on his mount “RUNNINGALLNIGHT” during the running of the 7th race on May 12, 2019, at Ruidoso Downs .

The Board of Stewards hereby fines Raul Herrera in the amount of two hundred dollars ($200.00). The fine is to be paid on or before June 18, 2019, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed shall result in immediate suspension.

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

15.2.5.13(E)(6)(e) Use of riding crops. Indiscriminate use of the whip is prohibited including whipping a horse: on the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; during the post parade or after the finish of the race except when necessary to control the horse; excessively or brutally causing welts or breaks in the skin; when the horse is clearly out of the race or has obtained its maximum placing; persistently even though the horse is showing no response under the riding crop; or striking another rider or horse. 15.2.1.9(B)(4)(A)Jockeys Notice of Hearing 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority/ 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: TODD WYATT FINCHER Ruling Date: 5/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-33 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Todd Fincher was duly notified (signed a trainers citation) before the Board of Stewards on May 19, 2019. The hearing was in regard to Todd Fincher failing to insure his owner was licensed prior to race for entry “Sidney’s Hope”, which resulted in a late scratch from the 8th race on May 19, 2019 at Ruidoso Downs.

The Board of Stewards hereby fines Todd Fincher in the amount of two hundred dollars ($200.00). The fine is to be paid on or before June 18, 2019 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

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

15.2.5.12(X) Horse ineligible A horse shall be ineligible to start in a race when its Owner, Lessor, and /or Trainer have not completed the licensing procedures required by the Commission. 16.47.1.10 (C)(17) Trainer Responsibility: The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing; horses entered as to eligibility and weight or other allowances claimed 16.47.1.10 (C)(16) Trainer Responsibility The Trainer is responsible for disclosure of the true and entire ownership of each horse in their care, custody or control; any change in ownership must be reported immediately to, and approved by, the stewards and recorded by the racing secretary 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: MARIA YESSENIA FULLER Ruling Date: 5/18/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2019-SRP-12 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: Applicant Maria Yessenia Fuller having applied for a groom’s license on May 18, 2019, at Sunray Park, is herby denied having tested positive for Amphetamines and THC in the required drug test. Maria Yessenia Fuller will be eligible to reapply in 60 days and must provide a negative drug test prior to licensure.

Liscensee is found to be in violation of and this Ruling is written in accordance with: 16.47.1 L (e) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license.

Name: CARLOS J DELGADO Ruling Date: 5/18/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-29 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Carlos Delgado, Permit: #19254; DOB 7/31/1995 is Suspended Three racing days, including Thursday May 23, Friday May 24, and Saturday May 25, 2019. Jockey Delgado is in 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 Delgado let his mount, Laughing Cat come in soon after leaving the chute causing the rider of Purgatory to take up sharply in the Second Race on Thursday May 16, 2019. Laughing Cat was disqualified from first (1st) and placed second (2nd). All fines imposed by the Stewards shall be paid to the Racing Commission within Seven (7) days after the ruling is issued, unless otherwise ordered by the Stewards, Per West Virginia Rule of Racing Number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five Hundred ($500.00) Dollars.
Name: KENNY P SMITH Ruling Date: 5/18/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-8 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
A report from Industrial Laboratories states “Big Kitty Kitty” who finished first in the second race on May 3, 2019 tested positive for Betamethasone in blood sampleE293936.     
 
Having waived his right to present evidence and testimony to the Board of Stewards, and declining to send his split sample, Owner/Trainer Kenny Smith is hereby fined one thousand dollars ($1,000.00).  The Board hereby disqualifies “Big Kitty Kitty from her first place finish in the second race on May 3, 2019, and orders all monies earned by “Big Kitty Kitty” in said race redistributed accordingly.  
Name: RYAN D KENNEY Ruling Date: 5/18/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19009 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Ryan Kenney is hereby assessed a civil penalty of One Hundred Dollars ($100) for failing to have a timed workout for Kiss of Dahpespe before the Commission Veterinarian after the horse had not run in more than one year necessitating a scratch from the 8th Race at Canterbury Park on May 17, 2019. Minnesota Rules: 7879.0200 Authority and Duties of Stewards. Subp. 1.A. General authority of stewards. 7883.0100 Entries and Subscriptions. Subp. 16.D. Workout requirements. 7897.0130 Schedule of Fines. Subp. 6. Timetable for paying fines (within 72 hours of ruling date).
Name: Ashlee Rae Sluggett Ruling Date: 5/18/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-19 Ruling Type: Conduct Detrimental to Racing
Breed: Harness Division: Horse
Fine Amount: $ 350 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA-Rule 286(a) Fighting in Barn Area
Name: Ashlee Rae Sluggett Ruling Date: 5/18/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-19-FO Ruling Type: Conduct Detrimental to Racing
Breed: Harness Division: Horse
Fine Amount: $ 350 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-19 - Ruling Final Outcome
Name: Tucker A Baumiller Ruling Date: 5/18/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-122 Ruling Type: Failure to Meet Financial Obligation
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Baumiller issued a check for his 2019 OSRC license and the check was returned: Refer To Maker. O.S.R.C.-3769-12-26(A)(6)  12-99
Name: JEFFERY CRAIG HOLLIS Ruling Date: 5/18/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-123 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Hollis made a late driver change on #3 Maradona in race 14 on 5/14/19. O.S.R.C.-3769-15-30  15-99
Name: LUKE C EBERSOLE Ruling Date: 5/18/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-124 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 #6 Ladycallstheshots in race 5 on 5/15/19 he did drive inside the pylons. O.S.R.C.-3769-14-53  14-99
Name: CHRISTOPHER E LEMS Ruling Date: 5/18/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-125 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #5 Ultimate Encore in race 14 on 5/15/19 he came out in the stretch and interfered with #7 Evan Hanover and caused #2 Great Eliminator to go off stride. O.S.R.C.-3769-17-11  17-99
Name: MICHAEL G HITCHCOCK Ruling Date: 5/18/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-126 Ruling Type: Failure to Meet Financial Obligation
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/18/2019 Suspension End:
Ruling Text:
Mr. Hitchcock is hereby suspended until he pays the fine ($50.00) per ruling NFLD-2019-095 at Northfield Park. O.S.R.C.-3769-17-36  17-99
Name: DANIEL D ROSS Ruling Date: 5/18/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-127 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Ross failed to honor the declaration of #3 Royals Victory in race 1 on 5/15/19. O.S.R.C.-3769-15-30  15-99
Name: CORY G DEYERMAND Ruling Date: 5/18/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-128 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 5/19/2019 Suspension End: 6/2/2019
Ruling Text:
Mr. Deyermand has dropped his appeal of ruling NFLD-2019-079 and the penalty has been amended. O.S.R.C.-3769-18-01(A)(2)  18-01(B)(1),(10),(13),(15),(16)&(17)  18-02  18-99
Name: GEORGE ROBERT CARTER Ruling Date: 5/18/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-30 Ruling Type: License Type Changed
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Jockey’s license issued to George Carter Jr. is herby rescinded without prejudice as he has been issued a owner’s license.

This ruling is in accordance with: 16.47.1.8 (M)(2)Duration Of License A license is valid only under the condition that the licensee remains eligible to hold such a license. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 15.2.1.9(B)(9)(a)Failure to Appeal

Name: JEFF DALE HUDSON Ruling Date: 5/18/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2019-SRP-11 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 5/27/2019 Suspension End: 6/10/2019
Ruling Text: Trainer/ Owner Jeffery Hudson was duly notified and waived his right to a hearing before the Board of Stewards on May 18, 2019. The hearing was in regard to a confirmed positive for the therapeutic drugs Flunixin and Phenylbutazone (a stacking violation 4C Major), found in test sample #E305895. The test sample was taken from the horse, “Comin Sundown”, following the 6th race on March 12, 2019 at Sunland Park Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Flunixin at 11.5 +/- 0.6 ng/ml in the blood and Phenylbutazone at 3.33 +/- 0.38 mcg/ml making it a 4C Major stacking violation. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to the trainer and confirmed by TVMDL (Flunixin 10.2 +/- 1.2 ng/ml & Phenylbutazone 2.8 +/- 0.3mcg/ml) .

Jeffery Hudson was the owner of record at the time of the incident for the horse “Comin Sundown”.

In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is trainer Jeffery Hudson’s Second Class 4C MAJOR medication violation in a 365-day period. The Board of Stewards hereby assess penalty as follows:

        1. A ($1,500) one thousand five hundred dollar fine to paid on or before June 17, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time shall result in an immediate suspension.
        2. A 15 day suspension of all NMRC licenses starting May 27, 2019, through June 10, 2019, inclusive.
        3. The horse “Comin Sundown” is hereby disqualified from 1st place and ordered unplaced from the 6th race on March 12, 2019 at Sunland Park Racetrack for all but pari-mutuel wagering.
The purse redistribution is as follows 1. Ali’s Ruckas 2. Silver Secret R F 3. Superbad Warning 4. Silent Zenon 5. The Ghost of Dixie 6. Aussie You Later 7. Silver Flask 8. Truly Beyond 9. Taxation Unplaced: Comin Sundown 4. The horse Comin Sundown must pass a commission-approved examination before being eligible to run.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/15.2.6.9(B)(4)/ 15.2.6.9(C)(1)/15.2.6.9(N)(1)(2)(3)(c)(e)(5)(a)(c)/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations. 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: RAMON ARIEL ALVAREZ Ruling Date: 5/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-23 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/17/2019 Suspension End:
Ruling Text: Trainer Ramon Ariel Alvarez is hereby suspended, effective immediately May 17, 2019, for failing to pay the fine ($200) assessed in Ruling 2019-SUN-100

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

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

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

Name: FERNANDO CARRETE Ruling Date: 5/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-24 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/17/2019 Suspension End:
Ruling Text: Owner Fernando Carrete is hereby suspended, effective immediately May 17, 2019, for failing to pay the fine ($25) assessed in Ruling 2019-SUN-166.

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

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

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

Name: LUIS HUMBERTO RODRIGUEZ Ruling Date: 5/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-25 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/24/2019 Suspension End: 5/31/2019
Ruling Text: Jockey Luis h. Rodriguez was summoned and appeared before the Board of Stewards on May 17, 2019, for careless riding during the running of the 5th race on May 12, 2019, at Ruidoso Downs Racetrack, while aboard “HIT BTWEEN THE ICE” (Drifted out into the path of the #3.)

(The incident occurred shortly before the wire and did not affect the outcome of the race, therefore #2 (Luis H. Rodriguez) was not disqualified.).

The Board of Stewards hereby suspends Luis H. Rodriguez for a period of 7 calendar days (May 24, 2019, through May 30, 2019 , inclusive). Luis H. Rodriguez is allowed to ride designated races.

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

15.2.5.13(E)(2)(a) NMAC: Post to Finish 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. 15.2.1.9(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: HUBERT GAFFNEY Ruling Date: 5/17/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 15-2019 DE Ruling Type: Unlicensed Participant
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: May 17, 2019

Delaware Park Stewards Ruling

(15-2019)

Trainer Hubert Gaffney, DOB: 08/27/1969, RCI ID: 119370, is hereby fined the sum of one hundred dollars ($100.00) for employing unlicensed help in the stable area at Delaware Park. Refer to D.T.R.C. Rules 2.5, 2.5.1, 2.7, 3.3, 3.4, 3.4.1.3, 18.1, 18.1.1 and 18.1.3. Fines to be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: PAUL G MCCLELLAND Ruling Date: 5/17/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 16-2019 DE Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: May 17, 2019

Delaware Park Stewards Ruling

(16-2019)

The Trainer License of Paul McClelland, RCI 118489, DOB 01/05/1964, is rescinded without prejudice in lieu of a Jockey Agent license. Refer to D.R.C. Rules 2.6, 2.7, 2.8, and 3.4.

Name: Carey Dover Ruling Date: 5/17/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 18-2019 DE Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/17/2019 Suspension End:
Ruling Text: May 17, 2019

Delaware Park Stewards Ruling

(18-2019)

Hot Walker Carey Lynn Dover, DOB: 02/07/1981, RCI ID: 81810, having been found with drugs and drug paraphernalia in the stable area at Delaware Park, is summarily and indefinitely suspended, pending a hearing before the Board of Stewards. During the time of her suspension, Ms. Dover is denied the privileges of all grounds under the jurisdiction of the Delaware Racing Commission. Refer to DTRC Rules: 2.1, 2.5, 3.3, 3.4, 3.4.1.3, 3.4.1.7, 18.1, 18.1.5, 18.1.5.1, 18.1.5.2, 18.1.5.3.

Name: Mitchell Lake Harding Ruling Date: 5/17/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 17-2019 DE Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/17/2019 Suspension End:
Ruling Text: May 17, 2019

Delaware Park Stewards Ruling

(17-2019)

Hot Walker Mitchell Harding, DOB: 08/02/1984, having been found with drugs and drug paraphernalia in the stable area at Delaware Park, is hereby summarily and indefinitely suspended, pending a hearing before the Board of Stewards. During the time of his suspension, Mr. Harding is denied the privileges of all grounds under the jurisdiction of the Delaware Racing Commission. Refer to DTRC Rules: 2.1, 2.5, 3.3, 3.4, 3.4.1.3, 3.4.1.7, 18.1, 18.1.5, 18.1.5.1, 18.1.5.2, and 18.1.5.3.

Name: MICHAEL EDWARD LANDERS Ruling Date: 5/17/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-7 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 5/18/2019 Suspension End:
Ruling Text:
A hearing was held for Mike Landers on May 12, 2019 in the Steward’s Office on the backside of Prairie Meadows Racetrack and Casino.  The hearing was to determine if Mike Landers was in violation of IRGC rules of racing by failing to provide full disclosure of criminal information on his 2019-2021 IRGC license application, working without a license 2017, 2018 and 2019 and for making false and misleading statements to Security.
 
The Board received a Prairie Meadows Security Report dated 5-7-19 stating on 5-4-19 Landers had entered the Stable Gate. When Security Supervisor Kendra Sickels asked for his license, Landers produced a 2016 license. Officer Sickels told Landers his license was expired and he stated his current license was in another truck. Landers left and returned later with a new IRGC Assistant Trainer license. Landers was told that if he did not have a pony or exercise license, that he would not be able to be on horseback. Officer Sickels then called Steward Rick Evans and Evans verified that Landers would not be able to exercise or pony horses until he obtained the proper license. On 5-7-19 Security Officer/EMT Joe Shearer observed Landers exiting the Training Track on horseback.  When Shearer spoke with Landers, he presented Shearer with his currant Asst. Trainer license. Officer Shearer told Landers he could not be exercise riding if he did not have a license to do so. Landers stated that he had spoken with Steward Rick Evans and he (Evans) had told him he could exercise horses until he was able to get the proper license when the IRGC office opened.
 
The Board received an Iowa Department of Public Safety DCI Gaming Unit report dated 5-9-19 that shows a 2018 conviction for a controlled substance, an outstanding financial obligation for his possession of a controlled substance violation in the amount of $1,395.25 in Polk County, Iowa, a judgement for reimbursement to the Polk County Sheriff’s Office for room/board/medical in the amount of $555.00. Landers failed to list these convictions and his financial obligations on his 2019 IRGC license application.
 
 
Landers appeared in person for his hearing and was not represented by council. Also present was Prairie Meadows Security Officer Joe Shearer.
 
Landers testified that when he told Officer Sickels that his current license was in another truck that he did not realize that was his Oklahoma license. When asked about his statement to Officer Shearer that Steward Rick Evans had told him (Landers) that he could exercise horses until he was able to get the proper license Landers testified that he meant he needed to contact the Stewards to get his license. Landers also testified that he is making payments on outstanding financial obligations.
The Board notes that Landers had not been licensed in Iowa since 2016 and had not been licensed as an Exercise rider since 2012.
 
The Board hereby  suspends any and all licenses held by Michael Landers 15 days and is placed on probation through 2019 for working without being properly licensed for multiple years and for providing false and misleading statements to Prairie Meadows Security. Landers is to remain suspended until he provides the Board with proof that has been making payments and is current on his financial obligations. In addition Landers is assessed an administrative penalty of $200.00 for falsification of his 2019-2021 IRGC license application.
Name: MIKE ANGELO TERPOLILLI Ruling Date: 5/17/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-36 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Trainer Mike Terpolilli is hereby fined the sum of two hundred-fifty ($250.00) dollars.

Mr. Terpolilli failed to honor the declaration of his horse "Tijuana Party" in the 4th race on May 11, 2019 at Freehold Raceway.

Violation of N.J.A.C. 13:71-16.1

Name: STEPHEN M SMITH Ruling Date: 5/17/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-35 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Driver Steve Smith is hereby fined the sum of fifty ($50.00) dollars for failure to come up into position for the 5th race on May 10, 2019 at Freehold Raceway.

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

Horse: Bella's Party Punk

Name: TED J SULESKI Ruling Date: 5/17/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-34 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Trainer Ted Suleski is hereby fined the sum of fifty ($50.00) dollars.

Mr. Suleski failed to have his horse "Macjestic Toddy N" in the paddock area by the prescribed time for Lasix treatment for the 6th race on May 10, 2019 at Freehold Raceway.

Violation of N.J.A.C. 13:71-6.12

Name: JOHN M NOVELLO Ruling Date: 5/17/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-33 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: As a result of the administrative hearing conducted on May 9, 2019 at Freehold Raceway, the Board of Judges has determined that John Novello, as the programmed trainer of the horse "Masster Blue" which raced in the 9th race on April 12, 2019 at Freehold Raceway is the responsible party for the care and condition of the horse which was under his custody. The horse "Masster Blue" finished 2nd in the 9th race on April 12, 2019 and as a result was required to submit blood and urine for analysis.

The urine sample collected from "Masster Blue" following his performance in the 9th race on April 12, 2019 identified the presence of the prohibited substance Benzoylecgonine.

The presence of Benzoylecgonine in the horse "Masster Blue" on April 12, 2019 is in violation of N.J.A.C. 13:71-23.1.

Consistent with N.J.A.C. 13:71-23.7(b), the horse "Masster Blue" is hereby disqualified from sharing in the purse.

Mr. Novello as trainer of the horse "Masster Blue" is in violation of N.J.A.C. 13:71-23.6. Based on mitigating circumstances, Mr. Novello is hereby fined the sum of one-thousand ($1,000.00) dollars.

Violation of N.J.A.C. 13:71-23.1 Violation of N.J.A.C. 13:71-23.6 Violation of 13:71-23.7

Name: Amy Marie Gill Ruling Date: 5/16/2019
Jurisdiction: Oregon Racing Commission Facility: Portland Meadows
Ruling Number: PM19-023 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/16/2019 Suspension End:
Ruling Text: Amy Gill was denied a special events license (HUB employee) due to falsification and ommission on her application. Gill had several arrests and convictions. Gill was given a chance to amend the application, but still failed to be upfront. The ADW (TVG) fired Gill.
Name: ANTHONY J LOVATO Ruling Date: 5/16/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19008 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Class C license application submitted on May 8, 2019 by Exercise Rider Anthony Joseph Lovato is hereby denied. Lovato knowingly falsified his 2019 Minnesota Racing Commission license application by claiming to be in good standing and welcome to apply in all racing jurisdictions. Lovato was declared ineligible for licensing by the Louisiana Racing Commission in a ruling dated March 9, 2019 and has not had his eligibility restored. The Minnesota Racing Commission, under its reciprocity rule, 7897.0120 Subp. 3.B., recognizes the Louisiana ruling. Having been denied, pursuant to 7897.0120 Subp. 4.A, Lovato is ineligible to apply for a license from the MRC for two years.

Minnesota Statute: 240.25 Prohibited Acts. Subp. 6. False statement. Minnesota Rules: 7879.0200 Authority and Duties of Stewards. Subp. 1.A. General authority of stewards. 7877.0155 Conditions Precedent to Licensing. Pgh. C. 7897.0120 Disciplinary Sanctions. Subp. 1. Sanctions; Subp. 3.B. Reciprocity of rulings; Subp. 4A. Effect of sanctions.

Name: Lexon Russell Backhaus Ruling Date: 5/15/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19007 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Lexon Backhaus is hereby assessed a civil penalty of Three Hundred Dollars ($300) for having allowed his workers' compensation coverage to lapse necessitating late scratches of Perfect Movement from the 3rd Race on May 11 and Derbys Moneymaker from the 3rd Race and Bronk from the 6th Race on May 12 at Canterbury Park.

Minnesota Rules: 7879.0200 Authority and Duties of Stewards. Subp. 1.A. General authority of stewards. 7877.0130 Standards Required of Applicants for Specific Licenses. Subp. 3.D. Trainers and assistant trainers. 7897.0130 Schedule of Fines. Subp. 1. Imposition of fines; Subp. 2.B. Categories of violations; Subp. 6. Timetable for paying fines.

Name: Melton Robert Redwood Ruling Date: 5/14/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19006 Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Groom Melton Robert Redwood, having complied with the reinstatement conditions cited in Canterbury Park Stewards' Ruling C16043, issued June 23, 2016, is hereby declared eligible for licensing consideration. Minnesota Rules: 7879.0200 Authority and Duties of Stewards. Subp. 1.A. General authority of stewards. 7877.0100 General Requirements. Subp. 2. Licensing criteria.
Name: Lewis E Craig Ruling Date: 5/14/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-28 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On May 11, 2019, the Board of Stewards offered a hearing to Owner/Trainer, Lewis E. Craig Jr. Permit #19442, DOB 06/09/1952 to which he waived his right to a hearing regarding a medication violation pertaining to his horse “Allen’s Castle” who finished first (1st) in the ninth (9th) race on Friday, April 19, 2019. The Stewards hereby find the following: The official blood sample #303322, taken on 4/19/19 was reported by Industrial Laboratories, the official testing laboratory, to contain Dexamethasone which is a Class 4 drug, with a C Penalty, designation. The permissible threshold for Dexamethasone 5 pg/ml in plasma or serum. Sample #303322 contained 84 pg/ml of the drug, which is above the permissible threshold for this drug. The sample was taken from the Five (5) horse, “Allen’s Castle”, which ran in the 9th Race on 4/19/19, finishing first. Mr. Craig elected not to have a split sample tested. Pursuant to 178 W. Va. C.S.R. 1, section 24.11.o, The Stewards are authorized to take disciplinary action against a permit holder for violating any provision of the Thoroughbred Racing Rule. Pursuant to section 51.1.a, of the Thoroughbred Racing Rule, 178 W.Va.C.S.R.1: “The trainer is the absolute insurer of and responsible for the condition of the horses he or she enters in an official workout or a race, regardless of the acts of third parties. If testing or analysis of urine, blood or other bodily substances or tissues prove positive showing the presence of any prohibited drug, medication or substance, the trainer of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined. In addition, the owner of the horse, the foreman in charge of the horse, the groom, and any other person shown to have had the care, attendance of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined.” Pursuant to 178 W. Va. C.S.R. 1, section 49.4.a.2., a finding by a Racing 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. Prohibited substances included controlled therapeutic medications in excess of established threshold concentrations as set forth in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2., contained in Table 178-1 F of the Thoroughbred Racing Rule Pursuant to 178 W. Va. C.S.R. 1, Table 178-1 F, the post-race threshold for Dexamethasone is 5 pg/ml in plasma or serum. Because the amount of Dexamethasone in “Allen’s Castle” exceeded the acceptable threshold set forth in Table 178-1 F, Mr. Craig may be held responsible and his occupational permit disciplined pursuant to 178 W. Va. C.S.R. 1, sections 49.4.a.2. and 51.1.a. The Dexamethasone positive in “Allen’s Castle” is Mr. Craig’s First Offense in this category for a medication/substance violation in a 365 days period. The permit holder has accumulated 0 points under the multiple medication violation point system. Mr. Craig is assessed ½ point for this Dexamethasone medication/substance violation pursuant to section 49.3.m. of 178 of W.Va.C.S.R.1. The Stewards determine the appropriate penalty for the underlying offense on a case by case basis by considering mitigating and aggravating factors. The following is an analysis of the factors set forth in section 49.1 of the Thoroughbred Racing Rule:
  1. (Mitigating) The Permit holder’s past record: The permit holder has no violations in the last 365 days
  2. (Mitigating) The potential of the drug to influence the horse’s racing performance: Pursuant to 178 W. Va. C.S.R. 1, section 49.2.d, Class 4 drugs may influence performance, but generally have a more limited ability to do so. This is a mitigating factor although it is always of concern to the Stewards when a horse tests in excess of a threshold set forth in the Thoroughbred Racing Rule inasmuch as such thresholds are designed to ensure that horses aren’t racing under the effects of the medication, to allow a state veterinarian conducting a pre-race examination to have as clean a look at the horse as is possible to make sure that the horse does not have some condition that would cause it to harm itself if it races, and to ensure the integrity of racing so that horses aren’t racing under the effect of a medication that could affect performance.
  3. (Mitigating) The legal availability of the drug: Dexamethasone is legally available.
  4. Whether there is reason to believe the permit holder knew of the administration of the drug or intentional administered the drug: Inasmuch as there was no hearing in this matter it was not established whether or not the permit holder knew of the administration of the drug, or the circumstances under which the drug may have been given. Therefore this factor is not considered in weighing the penalty in this case.
  5. The steps taken by the trainer to safeguard the horse: Inasmuch as there was no hearing in this case it is unknown what efforts the trainer made to ensure that the treatment of the horse with Dexamethasone was done within the withdrawal guidelines and dosing specifications set forth in 178 W. Va. C.S.R. 1, Table 178-1 F, so as to avoid a positive. Therefore this factor is not considered in weighing the penalty in this case.
  6. The probability of environmental contamination exposure due to human use: This factor is not applicable to this case.
  7. The purse of the race: The race in question was an $5000.00 claiming race with a $10,000 purse. The Stewards place no weight, either aggravating or mitigating, based upon the purse in this case.
  8. Whether the drug found was one for which the horse was receiving as a treatment as documented by the treating veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated by a veterinarian with Dexamethasone. Therefore, this factor is not considered in weighing the penalty in this case.
  9. Whether there was any suspicious betting pattern in the race: There is no evidence of a suspicious betting pattern in this case and therefore, this factor is not considered in weighing the penalty in this case.
  10. Whether the trainer was acting under the advice of a veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated with Dexamethasone by a veterinarian. Therefore, this factor is not considered in weighing the penalty in this case.

Based on the above, the Stewards hereby impose the following penalty for the underlying offense: Mr. Craig’s horse “Allen’s Castle” will be disqualified from all purse money and Mr. Craig will have a total of ½ points on his record. With the Dexamethasone positive being the first medication violation in 365 days, Mr. Craig will be is fined $1000.00 dollars. The horse “Allen’s Castle” is disqualified from all purse money. The distribution is as follows: 1. #4 Royal Blue 2. #7 Letcher 3. #8 Clubin Til Midnite 4. #3 Cross Me Again

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

Name: Erica M. Murray Ruling Date: 5/14/2019
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 23413 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/26/2019 Suspension End: 6/8/2019
Ruling Text: Suspended for fourteen calendar days May 26, 2019 through June 8, 2019 inclusive, for careless riding, while aboard Gentlemen’s Girl during the running of race 6, May 11, 2019, at Louisiana Downs, resulting in the disqualification of his mount from fourth to eighth place.
Name: SALVADOR RENTERIA SOTO Ruling Date: 5/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-20-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/13/2019 Suspension End: 5/17/2019
Ruling Text: RE: 2019-RUI-20 - Restored to Good Standing Trainer Salvador Soto is hereby restored to good standing, effective immediately May 17, 2019, after paying the fines ($4,525) assessed in Rulings 2019-SUN 167-208-213.
Name: LARRY KEVIN HINES Ruling Date: 5/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-16 Ruling Type: License Type Changed
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Assistant Trainer’s License issued to Larry Kevin Hines is hereby rescinded without prejudice as he has appeared before the Board of Stewards on May 11, 2019, and stated that he no longer works in this capacity. Larry Kevin Hines is hereby issued a Trainer’s License.

This ruling is written in accordance with: 16.47.1.8 (M)(2) DURATION OF LICENSE: Which states “A license is valid only under the condition that the licensee remains eligible to hold such a license”. 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: JOHNNY RUBEN MONTES Ruling Date: 5/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-17 Ruling Type: License Type Changed
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Jockey Agent License issued to Johnny R. Montes Jr is hereby rescinded without prejudice as he has appeared before the Board of Stewards on May 12, 2019, and stated that he no longer works in this capacity. Johnny R. Montes is hereby issued a Racing Secretary’s License.

This ruling is written in accordance with: 16.47.1.8 (M)(2) DURATION OF LICENSE: Which states “A license is valid only under the condition that the licensee remains eligible to hold such a license”. 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: JAMIE LYNN ZAMORA Ruling Date: 5/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-18 Ruling Type: License Type Changed
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Assistant Racing Secretary’s License issued to Jamie Zamora is hereby rescinded without prejudice as she has appeared before the Board of Stewards on May 12, 2019, and stated that she no longer works in this capacity. Jamie Zamora is hereby issued a Office Personnel License.

This ruling is written in accordance with: 16.47.1.8 (M)(2) DURATION OF LICENSE: Which states “A license is valid only under the condition that the licensee remains eligible to hold such a license”. 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: JILL CHRISTINE CATHEY Ruling Date: 5/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-19 Ruling Type: License Type Changed
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Placing Judge License issued to Jill C. Cathey is hereby rescinded without prejudice as she has appeared before the Board of Stewards on May 10, 2019, and stated that she no longer works in this capacity. Jill C. Cathey is hereby issued a State Steward’s License.

This ruling is written in accordance with: 16.47.1.8 (M)(2) DURATION OF LICENSE: Which states “A license is valid only under the condition that the licensee remains eligible to hold such a license”. 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: MIGUEL A. PEREZ Ruling Date: 5/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2019-SRP-9 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, Miguel Perez, having been summoned and appeared before the Board of Stewards on May 13, 2019 for failure to make sufficient effort to control his mount during the running of the 7th race on May 11, 2019, at Sunray Park Racetrack while aboard “Bellelaro”.

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

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

Name: SALVADOR RENTERIA SOTO Ruling Date: 5/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-20 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/13/2019 Suspension End: 5/17/2019
Ruling Text: Trainer Salvador Soto is hereby suspended, effective immediately May 13, 2019, for failing to pay the fines ($4,525) assessed in Rulings 2019-SUN 167-208-213.

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

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

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

Name: DOMINIC ANDRES RIVERA Ruling Date: 5/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-21 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/13/2019 Suspension End:
Ruling Text: Trainer Dominic Rivera is hereby suspended, effective immediately May 13, 2019, for failing to pay the fine ($1,500) assessed in Ruling 2019-SUN-4

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

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

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

Name: MANUEL ANTONIO MUNOZ Ruling Date: 5/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-22 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/13/2019 Suspension End:
Ruling Text: Trainer/Owner Manuel Antonio Munoz is hereby suspended, effective immediately May 13, 2019, for failing to pay the fine ($200) assessed in Ruling 2019-SUN-206

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

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

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

Name: JUAN MIGUEL OCHOA Ruling Date: 5/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2019-SRP-10 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/21/2019 Suspension End: 5/27/2019
Ruling Text: Jockey, Juan Ochoa, having been summoned and having appeared before Board of Stewards on May 13, 2019, for careless riding during the running of the 9th race on May 12th, 2019 while aboard #9 “Skeeter Who” which resulted in his mount being disqualified from first place to second place. (Bore out around the turn and in deep stretch impeding the number 7 "Pache's Nugget.)

For this rule violation, the Board of Stewards assessed Juan Ochoa a suspension of 7 calendar days (May 21, 2019 thru May 27th , 2019). Juan Ochoa 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.” 15.2.5.13(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 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 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: MAURO SALCEDO Ruling Date: 5/12/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-13 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/20/2019 Suspension End: 5/27/2019
Ruling Text: Jockey Mauro Salcedo was summoned , failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on May 12, 2019 for careless riding during the running of the 3rd race on May 5, 2019, at Sunland Park Racetrack, while aboard “HOT LIPS LUPITA”, which resulted in his mount being disqualified from 7th place to 10th place. (Drifted in throughout causing interference with inside horses.)

The Board of Stewards hereby assess Mauro Salcedo a suspension of 7 calendar days (May 20, 2019, through May 26, 2019, inclusive ). Mauro Salcedo is allowed to ride designated races.

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

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

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

Name: CONSTANTINO ROMAN Ruling Date: 5/12/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19005 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/17/2019 Suspension End: 5/24/2019
Ruling Text: Jockey Constantino Roman is suspended three racing days, Friday, May 17; Saturday, May 18 and Friday, May 24, 2019 fror causing #4 Speeding Kid to be steadied by Leslie Mawing while Roman was riding Fridaynitestar in the third race on May 4, 2019. Because Fridaynitestar finished behind Speeding Kid, there was no disqualification. During his period of suspension, Roman is permitted to ride in designated stakes races but then must serve a replacement day of suspension. Minnesota Rules: 7879.0200 (Authority and Duties of Stewards). Subp. 1.A.B.C-General authority of stewards. 7883.0160 (Post to Finish). Subp. 6.A.D- Interference and willful fouling.
Name: MARCO A FLORES Ruling Date: 5/11/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2019-SRP-7 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/11/2019 Suspension End:
Ruling Text: Trainer, Marco A. Flores, is hereby summarily suspended, effective immediately, May 11, 2019 pending the outcome of his hearing scheduled for May 19, 2019, at 9:30 a.m. in the office of the Board of Stewards at Sunray Park Racetrack (39 Road 5568, Farmington, NM 87401), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Penalty B Controlled Substance, clenbuterol, found in test sample #E316350 taken from the second place finisher, “Bonafide Hero”, in the 6th race on April 19, 2019, at Sunland Park Racetrack.

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

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

Name: MARCO A FLORES Ruling Date: 5/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2019-SRP-7-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/11/2019 Suspension End:
Ruling Text: RE: 2019-SRP-7 - Ruling Final Outcome Trainer: Marco A. Flores was duly notified and waived his right to a summary suspension and a disciplinary hearing before the Board of Stewards on May 19, 2019. The hearing was in regard to a certificate of analysis from Industrial Laboratories (the official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” at 115 pg/ml which exceeds the authorized limit of 0pg/ml in urine detected in the horse “Bonafide Hero” (Test Sample #: E316350), who finished 2nd in the 6th race on April 19, 2019, at Sunland Park Racetrack.

Patricio Venzor, was the owner of record for horse “Bonafide Hero” at the time of the incident.

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

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

    1. A 60 day suspension of all NMRC licenses starting May 11, 2019, through July 10. 2019, inclusive.
    2. A ($1000.00) One Thousand Dollar fine to be paid on or before June 18, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.

Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Bonafide Hero” was placed on the Stewards list for a minimum period of 60 days (beginning May 11, 2019). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

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

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

15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JOHN A CASEY Ruling Date: 5/11/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-27 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 5/12/2019 Suspension End: 5/26/2019
Ruling Text: On May 10, 2019, the Board of Stewards offered a hearing to Owner/Trainer, John A. Casey Permit #19835, DOB 07/15/1961 to which he waived his right to a hearing regarding a medication violation pertaining to his horse “Winning Scholar” who finished first (1st) in the thirteenth (13th) race on Saturday, April 20, 2019. The Stewards hereby find the following: The official blood sample #303347, taken on 4/20/19 was reported by Industrial Laboratories, the official testing laboratory, to contain Dexamethasone which is a Class 4 drug, with a C Penalty, designation. The permissible threshold for Dexamethasone 5 pg/ml in plasma or serum. Sample #303347 contained 19 pg/ml of the drug, which is above the permissible threshold for this drug. The sample was taken from the Seven (7) horse, “Winning Scholar”, which ran in the 13th Race on 4/20/19, finishing first. Mr. Casey elected not to have a split sample tested. Pursuant to 178 W. Va. C.S.R. 1, section 24.11.o, The Stewards are authorized to take disciplinary action against a permit holder for violating any provision of the Thoroughbred Racing Rule. Pursuant to section 51.1.a, of the Thoroughbred Racing Rule, 178 W.Va.C.S.R.1: “The trainer is the absolute insurer of and responsible for the condition of the horses he or she enters in an official workout or a race, regardless of the acts of third parties. If testing or analysis of urine, blood or other bodily substances or tissues prove positive showing the presence of any prohibited drug, medication or substance, the trainer of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined. In addition, the owner of the horse, the foreman in charge of the horse, the groom, and any other person shown to have had the care, attendance of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined.” Pursuant to 178 W. Va. C.S.R. 1, section 49.4.a.2., a finding by a Racing 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. Prohibited substances included controlled therapeutic medications in excess of established threshold concentrations as set forth in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2., contained in Table 178-1 F of the Thoroughbred Racing Rule Pursuant to 178 W. Va. C.S.R. 1, Table 178-1 F, the post-race threshold for Dexamethasone is 5 pg/ml in plasma or serum. Because the amount of Dexamethasone in “Winning Scholar” exceeded the acceptable threshold set forth in Table 178-1 F, Mr. Casey may be held responsible and his occupational permit disciplined pursuant to 178 W. Va. C.S.R. 1, sections 49.4.a.2. and 51.1.a. The Dexamethasone positive in “Winning Scholar” is Mr. Casey’s Second Offense in this category for a medication/substance violation in a 365 days period. The permit holder has accumulated ½ points under the multiple medication violation point system. Mr. Casey is assessed ½ point for this Dexamethasone medication/substance violation pursuant to section 49.3.m. of 178 of W.Va.C.S.R.1. The Stewards determine the appropriate penalty for the underlying offense on a case by case basis by considering mitigating and aggravating factors. The following is an analysis of the factors set forth in section 49.1 of the Thoroughbred Racing Rule:
  1. (Mitigating) The Permit holder’s past record: The permit holder has one violation in the last 365 days
  2. (Mitigating) The potential of the drug to influence the horse’s racing performance: Pursuant to 178 W. Va. C.S.R. 1, section 49.2.d, Class 4 drugs may influence performance, but generally have a more limited ability to do so. This is a mitigating factor although it is always of concern to the Stewards when a horse tests in excess of a threshold set forth in the Thoroughbred Racing Rule inasmuch as such thresholds are designed to ensure that horses aren’t racing under the effects of the medication, to allow a state veterinarian conducting a pre-race examination to have as clean a look at the horse as is possible to make sure that the horse does not have some condition that would cause it to harm itself if it races, and to ensure the integrity of racing so that horses aren’t racing under the effect of a medication that could affect performance.
  3. (Mitigating) The legal availability of the drug: Dexamethasone is legally available.
  4. Whether there is reason to believe the permit holder knew of the administration of the drug or intentional administered the drug: Inasmuch as there was no hearing in this matter it was not established whether or not the permit holder knew of the administration of the drug, or the circumstances under which the drug may have been given. Therefore this factor is not considered in weighing the penalty in this case.
  5. The steps taken by the trainer to safeguard the horse: Inasmuch as there was no hearing in this case it is unknown what efforts the trainer made to ensure that the treatment of the horse with Dexamethasone was done within the withdrawal guidelines and dosing specifications set forth in 178 W. Va. C.S.R. 1, Table 178-1 F, so as to avoid a positive. Therefore this factor is not considered in weighing the penalty in this case.
  6. The probability of environmental contamination exposure due to human use: This factor is not applicable to this case.
  7. The purse of the race: The race in question was an Allowance race with a $24,000 purse. The Stewards place no weight, either aggravating or mitigating, based upon the purse in this case.
  8. Whether the drug found was one for which the horse was receiving as a treatment as documented by the treating veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated by a veterinarian with Dexamethasone. Therefore, this factor is not considered in weighing the penalty in this case.
  9. Whether there was any suspicious betting pattern in the race: There is no evidence of a suspicious betting pattern in this case and therefore, this factor is not considered in weighing the penalty in this case.
  10. Whether the trainer was acting under the advice of a veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated with Dexamethasone by a veterinarian. Therefore, this factor is not considered in weighing the penalty in this case.

Based on the above, the Stewards hereby impose the following penalty for the underlying offense: Mr. Casey’s horse “Winning Scholar” will be disqualified from all purse money and Mr. Casey will have a total of 1 point on his record. With the Dexamethasone positive being the second medication violation in 365 days, Mr. Casey will be suspended for fifteen (15) days beginning on Sunday May 12, 2019 thru and including May 26, 2019. Mr. Casey is also fined $1500.00 dollars. The horse “Winning Scholar” is disqualified from all purse money. The distribution is as follows: 1. #3 The Seven Five 2. #8 Righteous Man 3. #6 Classy Crossing 4. #4 Rucker 5. #10 Turner Ashby 6. #2 Frathouse Music

All fines imposed by the Stewards shall be paid to the Racing Commission within Seven (7) days after the ruling is issued, unless otherwise ordered by the Stewards, Per West Virginia Rule of Racing Number 178-1-8.5.n. You have the right to appeal this Ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 Days of your receipt of this Ruling and must include a security fee in the amount of $500.00. Dated: May 11, 2019

Name: CYNTHIA G GONZALEZ Ruling Date: 5/10/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2019-SRP-6 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Cynthia Gonzalez was duly notified and waived her right to a hearing before the Board of Stewards on May 10, 2019. The hearing was in regard to Cynthia Gonzalez failing to have sufficient works for entry “Kings Or Else”, which resulted in a scratch in the 4th race on April 12, 2019, at Sunland Park Racetrack.

The Board of Stewards hereby fines Cynthia Gonzalez in the amount of two hundred dollars ($200.00). The fine is to be paid on or before June 9, 2019 in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed shall result in immediate suspension.

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

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

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

Name: HAROLD RICHARD HAINING Ruling Date: 5/10/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-16 Ruling Type: Conduct Detrimental to Racing
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: HRA Rule 286(a) Conduct
Name: HAROLD RICHARD HAINING Ruling Date: 5/10/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-16-FO Ruling Type: Conduct Detrimental to Racing
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-16 - Ruling Final Outcome
Name: MICHAEL KRETZLER Ruling Date: 5/9/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19004 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Assistant Trainer's license filed on May 1, 2019 by Michael Kretzler is hereby denied. Kretzler falsified his 2019 Minnesota Racing Commission license application by claiming to be in good standing and welcome to apply in all racing jurisdictions. Kretzler was denied a license in Oregon on December 18, 2018. The Oregon denial ruling remains in effect. The MRC, under its reciprocity rule, 7897.0120 Subp. 3A, recognizes the Oregon denial. Having been denied, pursuant to 7897.0120 Subp. 4.A, Kretzler is ineligible to apply for a license from the MRC for two years. Minnesota Statute: 240.25 Prohibited Acts. Subp. 6. False statement. Minnesota Rules: 7879.0200 Authority and Duties of Stewards. Subp. 1.A. General authority of stewards. 7877.0155 Conditions Precedent to Licensing. Pgh. C. 7897.0120 Disciplinary Sanctions. Subp. 1. Sanctions; Subp. 3.A. Reciprocity of rulings; Subp. 4A. Effect of sanctions.
Name: CONSTANTINO ROMAN Ruling Date: 5/9/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19003 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Constantino Roman is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount Jobim more than three consecutive times without pausing during the stretch run of the 7th Race at Canterbury Park on May 3, 2019 (1st whip rule violation during the 2019 Canterbury Park meet). Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. – General authority 7883.0160 (Post to Finish) Subp. 6a.C. – Use of riding crop 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: VANN BELVOIR Ruling Date: 5/20/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP143-REST Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 5/17/2019 Suspension End: 5/18/2019
Ruling Text: RE: 18-19TP143 - Restored to Good Standing - Paid fine online.
Name: VANN BELVOIR Ruling Date: 5/7/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP143 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 5/17/2019 Suspension End: 5/18/2019
Ruling Text: Having been properly notified of a formal hearing, and having waived that right on May 7, 2019, Trainer Vann Belvoir (ADG #12566), is hereby fined FIVE HUNDRED DOLLARS ($500.00) plus 5% Race Horse Adoption Fund surcharge for a total of FIVE HUNDRED TWENTY FIVE DOLLARS ($525.00) following receipt of an affidavit from Industrial Laboratories indicating blood/urine sample #E306799 taken from the horse "SOUL OWNER" who finished FIRST (1st) in the THIRD (3rd) race on April 29, 2019, at Turf Paradise Race Course, was confirmed positive for the presence of the Class IV foreign substance "BETAMETHASONE" at a concentration of approximately 40 pg/mL (+/- 3.0 pg/mL), which is above the established threshold of 10 pg/mL.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by May 17, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning May 18, 2019, through and inclusive of November 14, 2019, 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 herein are satisfied.

Name: VANN BELVOIR Ruling Date: 5/17/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP143-FTC Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 5/17/2019 Suspension End: 5/18/2019
Ruling Text: RE: 18-19TP143 - Failure to Comply - Failed to pay fine.
Name: FERNANDO MANUEL GAMEZ Ruling Date: 5/6/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP-142 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on May 5, 2019, Jockey Fernando Manuel Gamez (ADG #11001) is hereby fined two hundred dollars ($200.00) plus 5% Race Horse Adoption Fund surcharge for a total of two hundred ten dollars ($210.00) for misuse of the whip while aboard #7 "SASSY ROSE" in the seventh race on May 4, 2019.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by May 16, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning May 17, 2019, through and inclusive of November 13, 2019, 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 herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106(C); A.A.C. R19-2-109.E(6)(a)(c); A.A.C. R19-2-121€

Name: MOLLY JEAN PEARSON-ANDERSON Ruling Date: 5/5/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP141 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: 5/16/2019 Suspension End: 5/20/2019
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on May 4, 2019, Owner/Trainer Molly Pearson (ADG #10824) is hereby fined TWO HUNDRED ($200.00) plus 5% Race Horse Adoption Fund surcharge for a total of TWO HUNDRED AND TEN ($210.00) for failing to honor the engagement with the horse "BOURBON AND WATER", resulting in a late scratch in the 2nd race on May 4, 2019.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by May 15, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning May 16, 2019 through and inclusive of November 12, 2019, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106(C) ; A.A.C. R19-2-111.; A.A.C. R19-2-113(A)(6)(18); A.A.C. R19-2-121.

Name: MOLLY JEAN PEARSON-ANDERSON Ruling Date: 5/20/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP141-REST Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: 5/16/2019 Suspension End: 5/20/2019
Ruling Text: RE: 18-19TP141 - Restored to Good Standing - Payment made on-line.
Name: MOLLY JEAN PEARSON-ANDERSON Ruling Date: 5/16/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP141-FTC Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: 5/16/2019 Suspension End: 5/20/2019
Ruling Text: RE: 18-19TP141 - Failure to Comply - failed to pay fine.
Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 5/4/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-269 Ruling Type: Warning Letter
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jaime Aldavaz Sr., the owner/trainer of record for horse “Malusita Tower”, was notified that trainer waived his right to a formal hearing on May 4, 2019. This is Jaime Aldavaz Sr. FIRST Class 4C MINOR medication violation in a 365-day period. For Jaime Aldavaz Sr. FIRST Class 4C MINOR medication violation in a 365-day period, the Board of Stewards hereby issues a warning letter, per 15.2.6.9(B)(6) Penalty Recommendations If the trainer has not had more than one violation involving a drug that carries a category C penalty within the previous two years, the stewards are encouraged to issue a warning in lieu of a fine provided the reported level in phenylbutazone is below 3.0 micrograms per milliliter absent of aggravating factors.
    1. The horse “Malusita Tower”, must pass a commission-approved examination before being eligible to enter.

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

Name: BRAYAN VELAZQUEZ Ruling Date: 5/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-267 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/3/2019 Suspension End: 5/18/2019
Ruling Text: Jockey, Brayan, Martinez, Velazquez is hereby suspended, effective May 2, 2019, having failed to pay the ($200.00) two dollar fine assessed in Ruling 2017-SUN-229.

During said time of applicable suspension, Brayan, Martinez, Velazquez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC.

Licensee is found to be in violation of: 15.2.3.8 (B)(3)(1) NMAC All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered

This ruling is written in accordance with: 15.2.3.8 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: BRAYAN VELAZQUEZ Ruling Date: 5/18/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-267-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/3/2019 Suspension End: 5/18/2019
Ruling Text: RE: 2019-SUN-267 - Restored to Good Standing
Name: Colt Michael Parent Ruling Date: 5/2/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 07-2019 DE Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: May 2, 2019

Delaware Park Stewards Ruling

(07-2019)

Exercise Rider Colt Parent, DOB: 12/05/1992, RCI ID: 2178938, is hereby fined the sum of one hundred dollars ($100.00) for falsification of his 2019 Delaware license application. Refer to D.T.R.C. Rules 2.5.1, 2.5.1.3, 3.4.1, and 3.4.1.15. Fines to be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: JAIME ALBERTO JOHNSTON Ruling Date: 4/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-260 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: Applicant Jaime Johnston having applied for a groom’s license on April 23, 2019 is herby denied having disclosed that he is currently on probation for a 5 year period.

Liscensee is found to be in violation of and this Ruling is written in accordance with: 16.47.1 L (e) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license.

Name: PAUL OSVALDO RODRIGUEZ-GARCIA Ruling Date: 4/28/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-255 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/5/2019 Suspension End: 5/11/2019
Ruling Text: Jockey, Paul Osvaldo Rodriguez Garcia, having been summoned and having appeared before the Board of Stewards on April 27th , 2019, for careless riding during the running of the 3rd race on April 26th , 2019, at Sunland Park Racetrack while aboard “CARTELS VERSION” which resulted in his mount being disqualified from second place to fourth (Drifted in late stretch nearly clipped heels, which caused the 8 rider to check her mount and alter course.)

For this violation, the Board of Stewards assessed Paul Osvaldo Rodriguez Garcia a suspension of 7 race days (May 5th , 2019, May 6th , 2019, May 7th , 2019, May 8th 2019, May 9th , May 10th, and May 11th , 2019). Paul Osvaldo Rodriguez Garcia 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)(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: 15.2.5.13(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 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 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: JULIAN ARAGON Ruling Date: 4/28/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-256 Ruling Type: Improper or Inhumane Treatment of Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 4/27/2019 Suspension End: 6/25/2019
Ruling Text: Owner Julian Perez Aragon was duly notified and appeared for a hearing before the Board of Stewards on April 27, 2019. The hearing was in regard to abuse toward an animal (Inhumane illegal water bucket) as well as bringing an unlicensed person into a restricted area.

Gene Lee Burden was the trainer of record at the time of the incident.

Aggravating Circumstances

    1. Abuse to an animal providing an inhumane water bucket with multiple sharp screws protruding inward and outward at the top of the bucket leaving a very small space for the animal to drink risking severe injury to face and eyes.
    2. Signed horses in through the stable gate under name of trainer of record Gene Burden
    3. Presenting pyroplasmosis and coggins papers to stable gate security in Julian Perez Aragon’s name for the horses “MendedHeart” which is registered in another’s owners name, Carlos Sosa as well as “Real Flash” who is owned by Jesus Ontiveros and registered under Gene Burden as trainer.
    4. Performing the duties of a trainer/ assistant trainer without being properly licensed in that category by bringing horses (registered in the file of trainer Gene Burden) and owned by different owners (Carlos Sosa and Jesus Ontiveros) into the receiving area at Sunland Park and sending them for morning workouts.
    5. Bringing an unlicensed person into a restricted area and allowing him to handle the horse.

For these violations the Board of Stewards hereby assess penalty as follows:

    1. A ($2,500) two thousand five hundred dollar fine to paid on or before May 27, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time shall result in an immediate suspension.
    2. A 60 day suspension of all NMRC licenses starting April 27, 2019, through June 25, 2019, inclusive.

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

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

Name: JOSE D URISTA Ruling Date: 4/28/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-258 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer, Jose Daniel Urista having been duly notified and having appeared telephonically, had his hearing held before the Board of Stewards on April 28th , 2019, concerning allegations of using abusive language towards a racing official (Jockeys room custodian).

For this rule violation, the Board of Stewards assessed Jose Daniel Urista a penalty of a fine in the amount of $200 two hundred dollars. This fine is to be paid on or before May 27, 2019 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found to be in violation of: 16.47.1.8 (L)(1)(i) – CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing”

This ruling is written in accordance with: 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General authority. The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check." 15.2.1.9(b): 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: GENE LEE BURDEN Ruling Date: 4/28/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-259 Ruling Type: Improper or Inhumane Treatment of Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 5/7/2019 Suspension End: 7/5/2019
Ruling Text: Trainer Gene Lee Burden was duly notified and failed to appear before the Board of Stewards, and had his hearing in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, on April 27, 2019. The hearing was in regard to abuse toward an animal (Inhumane illegal water bucket) as well as bringing an unlicensed person into a restricted area.

Aggravating Circumstances

    1. Allowing abuse to an animal by leaving horses in the care and custody of owner Julian Perez Aragon (who is not a licensed trainer or assistant trainer) who provided an inhumane water bucket with multiple sharp screws protruding inward and outward at the top of the bucket leaving a very small space for the animal to drink risking severe injury to face and eyes.
    2. Allowed owner Julian Perez Aragon to sign horses in through the stable gate under name of trainer of record Gene Burden
    3. Allowed owner Julian Perez Aragon to present pyroplasmosis and coggins papers to stable gate security in Julian Perez Aragon’s name as owner for the horses “MendedHeart” which is registered in another’s owners name, Carlos Sosa as well as “Real Flash” who is owned by Jesus Ontiveros and registered under Gene Burden as trainer.
    4. Allowing owner Julian Perez Aragon to perform the duties of a trainer/ assistant trainer without being properly licensed in that category by owner Julian Perez Aragon bringing horses, "Mendedheart" and "Real Flash" (registered in the file of trainer Gene Burden) and owned by different owners (Carlos Sosa and Jesus Ontiveros) into the receiving area at Sunland Park and sending them for morning workouts.

For these violations the Board of Stewards hereby assess penalty as follows:

    1. A ($2,500) two thousand five hundred dollar fine to paid on or before May 27, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time shall result in an immediate suspension.
    2. A 60 day suspension of all NMRC licenses starting May 7th, 2019, through July 5, 2019, inclusive.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 16.47.1.8 General Provisions/16.47.1.8 (G)(1) Employer Responsibility/ 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension or revocation of a license/ 16.47.1.8 (M)(2) / 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)(2)Protection of Horses /15.2.6.9(B)Penalty Recommendations./ 16.47.1.10 (C)(1)(5) Trainer responsibility/ 16.47.1.10 (B) (1) Absolute insurer which states “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.” 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 J JUAREZ Ruling Date: 4/27/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-251 Ruling Type: Failure to Give Best Effort
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Alfredo Juarez Jr. was duly notified and appeared for a hearing before the Board of Stewards on April 27, 2019. The hearing was in regard to Race 2 on April 20, 2019 involving the horse “Affluent Gentleman”, where Alfredo Juarez Jr. stood up before the wire.

For this violation, the Board of Stewards assessed Alfredo Juarez Jr. a fine in the amount of $200. The fine is to be paid on or before May 26, 2019 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension. Licensee is found to be in violation of and this ruling is written in accordance with:

15.2.5.13(E)(5) A Jockey shall not ease up, or coast to the finish, without adequate cause, even if a horse has no apparent chance to win prize money. 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys/ 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal

Name: MARTIN RODRIGUEZ ORONA Ruling Date: 4/27/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-253 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 4/29/2019 Suspension End: 5/13/2019
Ruling Text: Trainer Martin Orona Sr. was duly notified and waived his right to a hearing before the Board of Stewards, and was represented by his attorney Daniel Marquez, on April 27, 2019. The hearing was in regard to a confirmed positive for the therapeutic drug Flunixin (class 4C major), found in test sample #E291091. The test sample was taken from the horse, “Ave Fenix”, following the 4th race on December 1, 2018 at Zia Park Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Flunixin at 180 +/- 3 ng/ml in the blood, which exceeds 100 ng/ml making it a 4C major. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer.

Miguel Galindo was the owner of record at the time of the incident for the horse “Ave Fenix”.

In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is trainer Martin Orona Sr’s Second Class 4C MAJOR medication violation in a 365-day period. The Board of Stewards hereby assess penalty as follows:

    1. A ($1,500) one thousand five hundred dollar fine to paid on or before May 27, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time shall result in an immediate suspension.
    2. A 15 day suspension of all NMRC licenses starting April 29, 2019, through May 13, 2019, inclusive.

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

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

Name: C MARSHALL GODSEY Ruling Date: 4/24/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0040 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: C. Marshall Godsey, Jr. (D.O.B. 7/5/1972)

Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, sample number #E304660 taken from TIZ BEAUTY, who finished first in the first race at Turfway Park on March 29, 2019 contained phenylbutazone at a level of 2.7+/-0.4 ug/ml in blood. (1st offense in 365 days). 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 (1)(a) 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028, Section 4, subsection (4)(a) 1. (b)

BY ORDER OF THE STEWARDS

Name: C MARSHALL GODSEY Ruling Date: 4/24/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0041 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: C. Marshall Godsey, Jr. (D.O.B. 7/5/1972)

Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, sample number #E304697 taken from MR. HAIRE, who finished third in the first race at Turfway Park on March 30, 2019 contained phenylbutazone at a level of 2.7+/-0.4 ug/ml. (2nd offense in 365 days). After waiving your right to a formal hearing before the Board of Stewards you are hereby fined TWO HUNDRED FIFTY ($250.00) DOLLARS. Pursuant to 810 KAR 1:028 Section 2, subsection (13) “If a person is charged with committing multiple or successive overages involving a Class C or D drug the stewards or the commission may charge the person with only one offense if the person demonstrates that he was not aware that the overages were being administered because the positive test results showing the overages were unavailable to the person charged”. 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 (1)(a) 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028 Section 2, subsection (13) 810 KAR 1:028, Section 4, subsection (4)(a) 1. (b) BY ORDER OF THE STEWARDS

Name: AIMEE M ROSA Ruling Date: 4/23/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-245 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Aimee M. Rosa having been duly notified and appeared before the Board Of Stewards on April 21, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drugs, Ketoprofen at 223 +/- 0.3 ng/ml(a class 4C-Major penalty drug) and Furosemide at 712 +/- 10 ng/ml in blood, (a class 4C-Minor penalty drug) found in test sample E276849 taken from the last place finisherSnowbound Jones” following the 5th race, on August 10, 2018, at the Downs at Albuquerque Race Track. The allowable limit for Ketoprofen is 2 ng/ml in the blood. The allowable limit of Furosemide is 100 ng/ml in blood. (15.2.6.9 Attachment 2).

Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by Analytical Toxicology Lab for Ketoprofen at 136 +/- 5 ng/ml in blood and Furosemide at 727 +/- 62 ng/ml.

Bart Hone was the trainer of record for the horse “Snowbound Jones” at the time of the violation. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Aimee M. Rosa’s First Class 4C MAJOR medication violation in a 365-day period. The Board of Stewards hereby assess penalty as follows:

        1. The horse “Snowbound Jones” is hereby disqualified from 8th place and ordered unplaced from the 5th race on August 10, 2018 at the Downs of Albuquerque for all but pari-mutuel wagering.
The purse redistribution is as follows
                    1. Magnificent Chance
                    2. Deb’s Pretty Boy
                    3. Bellelaro
                    4. Roll On Diego
                    5. Tinys Storm
                    6. Boppin Bayou
                    7. Gone Gem Dandy
Unplaced: Snowbound Jones 2. The horse Snowbound Jones must pass a commission-approved examination before being eligible to run.

Licensee is found to be in violation of and this ruling is written in accordance with 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards /15.2.6.9(C)(1) Medication Restrictions / 15.2.6.9(F)Permissible/ 15.2.6.9 NMAC Attachment 2/ Medications With Acceptable Levels /15.2.6.9(B)(4)Penalty Recommendations/ 15.2.3.8(B)(3)(k) Redistribution of Prizes/ 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.”

Name: DICKIE LLOYD MARTINEZ Ruling Date: 5/20/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP137-AWD Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 5/4/2019 Suspension End: 10/30/2019
Ruling Text: RE: 18-19TP137 - Appeal Withdrawn
Name: DICKIE LLOYD MARTINEZ Ruling Date: 5/8/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP137-FTC Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 5/4/2019 Suspension End: 10/30/2019
Ruling Text: RE: 18-19TP137 - Failure to Comply - failed to pay fine as ordered by Stewards.
Name: DICKIE LLOYD MARTINEZ Ruling Date: 4/23/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP137 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 5/4/2019 Suspension End: 10/30/2019
Ruling Text: Having been properly noticed for a formal hearing and having appeared, Owner/Trainer Dickie Martinez (ADG #11340) 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) for failing to honor the entry of the horse "GOTTA BE DIET C" for the third race on April 16, 2019, resulting in a late scratch.

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, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning May 4, 2019, through and inclusive of Ocotber 31, 2019, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106(C); A.A.C. R19-2-111; A.A.C. R19-2-113(A)(6)(18); A.A.C. R19-2-121€

Name: DICKIE LLOYD MARTINEZ Ruling Date: 4/24/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP137-ASUB Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 5/4/2019 Suspension End: 10/30/2019
Ruling Text: RE: 18-19TP137 - Appeal Submitted to Director
Name: DICKIE LLOYD MARTINEZ Ruling Date: 4/24/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP137-ASD Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 5/4/2019 Suspension End: 10/30/2019
Ruling Text: RE: 18-19TP137 - Appeal Stay Denied - Scheudling hearing.
Name: GERARDO OCHOA Ruling Date: 4/21/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-242 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Gerardo Ochoa-Pena having been duly notified waived his right to a hearing before the Board of Stewards on April 21st , 2019, for failing to have a current piroplasmosis on file in the racing office for entry “Big Daddys Lajolla” which resulted in a late scratch in the 7th race on April 19th , 2019 at the Sunland Park.

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

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

Name: JOSE L MUELA Ruling Date: 4/20/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-237 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Jose Luis Muela having been duly notified and had his hearing in accordance with 15.2.1.9(B)(4)(d) , before the Board of Stewards on April 19 , 2019, for failure to declare equipment (Flipping Halter ON) at time of entry for “Shamelesss”, entered in the 3rd race on April 13, 2019 at Sunland Park Racetrack.

For this rule violation, the Board of Stewards assessed Jose Luis Muela a penalty in the amount of two hundred dollars ($ 200.00). The fine is to paid on or before May20, 2019, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

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

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

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

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

Name: JOSE ALVAREZ-AMADOR Ruling Date: 4/16/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-232 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Jose Amador Alvarez, was duly notified and appeared before the Board of Stewards on April 14, 2019. The hearing was in regard to Jose Amador Alvarez, misuse of whip on his mount “Lv Golden Ticket” during the post parade for the 6th race on April 13, 2019, at Sunland Park.

The Board of Stewards hereby fines Jose Amador Alvarez in the amount of two hundred dollars ($200.00). The fine is to be paid on or before May 13, 2019, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with 15.2.5.13(E)(6)(e) Use of riding crops. Indiscriminate use of the whip is prohibited including whipping a horse: on the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; during the post parade or after the finish of the race except when necessary to control the horse; excessively or brutally causing welts or breaks in the skin; when the horse is clearly out of the race or has obtained its maximum placing; persistently even though the horse is showing no response under the riding crop; or striking another rider or horse. 16.47.1.8(U)(2)PROTECTION OF HORSES No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care 16.47.1.8 (L)(1)(i) – CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.1.9(B)(4)(A) Notice of hearing for Jockeys 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b):

Name: ESGAR RAMIREZ Ruling Date: 4/14/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-226 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Esgar Ramirez was summoned and failed to appear or send a jockey guild’s representative before the Board of Stewards regarding the 5th race on April 12, 2019, at Sunland Park Racetrack.

The Board of Stewards hereby fines Esgar Ramirez in the amount of one hundred dollars ($100.00). The fine is to be paid on or before May 13, 2019 in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed shall result in immediate suspension.

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

15.2.1.9(B)(4)(d) Nonappearance Of A Summoned Party Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the board of stewards. 15.2.1.9(B)(4)(A) Notice Of Hearing- Jockey Except as provided by these rules regarding summary suspension, jockey riding infractions and trial races, the stewards or a racing commission designee shall provide written notice, at least 10 days before the hearing, to a person who is the subject of a disciplinary hearing. The person may waive their right to 10 days notice by executing a written waiver.

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: ESGAR RAMIREZ Ruling Date: 4/14/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-227 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Esgar Ramirez, was duly notified and having failed to appeared or send a representative for a hearing the Stewards held his hearing in absentia, in accordance with 15.2.1.9(B)(4)(d) non-appearance on April 13, 2019. The hearing was in regard to Esgar Ramirez’s misuse of whip on his mount “Mister Mucho Gusto” during the post parade for the 5th race on April 12, 2019, at Sunland Park.

The Board of Stewards hereby fines Esgar Ramirez in the amount of two hundred dollars ($200.00). The fine is to be paid on or before May 13, 2019, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with 15.2.5.13(E)(6)(e) Use of riding crops. Indiscriminate use of the whip is prohibited including whipping a horse: on the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; during the post parade or after the finish of the race except when necessary to control the horse; excessively or brutally causing welts or breaks in the skin; when the horse is clearly out of the race or has obtained its maximum placing; persistently even though the horse is showing no response under the riding crop; or striking another rider or horse. 16.47.1.8(U)(2)PROTECTION OF HORSES No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care 16.47.1.8 (L)(1)(i) – CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.1.9(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: JIM A JAMISON Ruling Date: 4/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-214 Ruling Type: License Type Changed
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Trainer’s & Owners license issued to Jimmy Allen Jameson is herby rescinded without prejudice as he has been issued an assistant starters 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. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: TRACY J HEBERT Ruling Date: 4/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-215 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 Tracy Hebert was duly notified and appeared for a hearing before the Board of Stewards on April 7, 2019. The hearing was in regard to Race 8 on April 6, 2019 involving the horse “Reback Home”, where Tracy Hebert stood up before the wire.

For this violation, the Board of Stewards assessed Tracy Hebert a fine in the amount of $200. The fine is to be paid on or before May 8, 2019 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension. Licensee is found to be in violation of and this ruling is written in accordance with:

15.2.5.13(E)(5) A Jockey shall not ease up, or coast to the finish, without adequate cause, even if a horse has no apparent chance to win prize money. 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys/ 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal

Name: DANIEL ROBERTO RUIZ AMAYA Ruling Date: 4/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-216 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Daniel Ruiz Amaya was summoned and appeared before the Board of Stewards on April 7, 2019. The hearing was in regard to Daniel Ruiz Amaya excessive use of the whip on his mount “Clay Court” during the running of the 2nd race on April 6, 2019, at Sunland Park Racetrack.

The Board of Stewards hereby fines Daniel Ruiz Amaya in the amount of two hundred dollars ($200.00). The fine is to be paid on or before May 8, 2019, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed shall result in immediate suspension.

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

15.2.5.13(E)(6)(e) Use of riding crops. Indiscriminate use of the whip is prohibited including whipping a horse: on the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; during the post parade or after the finish of the race except when necessary to control the horse; excessively or brutally causing welts or breaks in the skin; when the horse is clearly out of the race or has obtained its maximum placing; persistently even though the horse is showing no response under the riding crop; or striking another rider or horse. 15.2.1.9(B)(4)(A)Jockeys Notice of Hearing 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority/ 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/

Name: SALVADOR RENTERIA SOTO Ruling Date: 4/7/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-213 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: Y
Suspension Start: 4/29/2019 Suspension End: 5/15/2019
Ruling Text: Trainer: Salvador R. Soto, having been duly notified and appeared before the Board Of Stewards on April 7, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Diciofenac (class 4C-Major penalty drug) found in test sample E291916 taken from the 1st place finisherClassy Homewrecker” following the 6th race, on February 3, 2019, at Sunland Park Race Track. The original lab report indicated a finding of Diciofenac at 39.9 +/- 0.9 ng/ml in the blood, exceeding the allowable limit of 5 ng/ml in the blood (15.2.6.9 Attachment 2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to the trainer, and declined. Samuel Chavez is the owner of record for horse “Classy Homewrecker

Mitigating Circumstances: Trainer was out of town and owner testified that he administered an over the counter topical cream without his knowledge to the horse on race day. Aggravating Factors: Trainer did not follow proper procurers for handling his horses while absent. 16.47.1.10 (C) NMAC: Trainer Responsibility.

This is Salvador R. Soto’s Third Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4). The Board of Stewards assessed a penalty as follows:

    1. A ($3000) Three Thousand dollar fine to paid on or before May 7, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
    2. A 15 day suspension of all NMRC licenses starting April 29, 2019, through May 14, 2019, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    3. During said time of applicable suspension Salvador R. Soto is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by or under the care and custody of Salvador R. Soto are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned or trained by or under the care and custody of Salvador R. Soto must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) .

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

Name: MANUEL ANTONIO MUNOZ Ruling Date: 4/6/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-206 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer, Manuel A. Munoz, was duly notified and failed to appear before the Board of Stewards, and had his hearing in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, on April 6, 2019. The hearing was in regard to Manuel A. Munoz failing to honor racing engagement for entry “Tempting Dancer”, which resulted in a late scratch in the 9th race on March 22, 2019 at Sunland Park. (Refused to run the horse in the claiming race).

The Board of Stewards hereby fines Manuel A. Munoz in the amount of two hundred dollars ($200.00). The fine is to paid on or before May 5, 2019, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of: 16.47.1.10 (C)(17): Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing; horses entered as to eligibility and weight or other allowances claimed”. 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. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: SALVADOR RENTERIA SOTO Ruling Date: 4/6/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-208 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 4/14/2019 Suspension End: 4/29/2019
Ruling Text: Trainer: Salvador R. Soto, having been duly notified and appeared before the Board Of Stewards on April 6, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty drug) found in test sample E291784 taken from the 1st place finisherTictoctee” following the 2nd race, on January 25, 2019, at Sunland Park Race Track. The original lab report indicated a finding of Dexamethasone at 16.3 +/- 2.2 pg/ml in the blood, exceeding the allowable limit of 5 pg/ml in the blood (15.2.6.9 Attachment 2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to the trainer, and declined.

Yvonne Ramirez is the owner of record for horse “Tictoctee

This is Salvador R. Soto’s Second Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4). The Board of Stewards assessed a penalty as follows:

    1. A ($1,500) One Thousand Five Hundred dollar fine to paid on or before May 6, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
    2. A 15 day suspension of all NMRC licenses starting April 14, 2019, through April 28, 2019, inclusive.
    3. During said time of applicable suspension Salvador R. Soto is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by or under the care and custody of Salvador R. Soto are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned or trained by or under the care and custody of Salvador R. Soto must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) .

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

Name: TRACY J HEBERT Ruling Date: 4/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-202 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, Tracy Hebert, having been summoned and appeared before the Board of Stewards on March 30, 2019 for failure to make sufficient effort to control his mount during the running of the 4th race on March 29, 2019, at Sunland Park Racetrack while aboard “Fire Power”

For this violation, the Board of Stewards assessed Tracy Hebert a fine in the amount of $200. The fine is to be paid on or before May 4, 2019 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

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

Name: ANTONIO G LOPEZ Ruling Date: 3/30/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-18 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Antonio Lopez, Permit #16080, DOB 1/21/1987, is hereby fined Five Hundred Dollars ($500.00) for being in violation of rule #178-1-24.11.f which reads, “has disturbed the peace on Association Grounds”, by being the aggressor in a verbal and physical altercation in Jockey’s Room on Wednesday March 20, 2019. 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.

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

Name: FREDY PELTROCHE Ruling Date: 3/30/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-19 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Fredy Peltroche, Permit #15664 DOB 2/7/1977, is hereby fined Two Hundred & Fifty Dollars ($250.00) for being in violation of rule #178-1-24.11.f which reads, “has disturbed the peace on Association Grounds”, by being in a verbal and physical altercation in Jockey’s Room on Wednesday March 20, 2019., and in violation of rule #178-1-24.11.ff. which reads “has knowingly filed a false complaint against another permit holder and/or a racing official where the Racing Commission and/or the stewards determine that the complaint was made without reasonable or probable cause and for the purpose of harassment or abuse of the complaint process”. 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.

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

Name: ELLIOTT LLOYD BACHICHA Ruling Date: 3/26/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-188 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/26/2019 Suspension End:
Ruling Text: Trainer, Elliot Bachicha, is hereby summarily suspended, effective immediately, March 26, 2019 pending the outcome of his hearing scheduled for April 2, 2019, at 9:15 a.m. in the office of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Dr, Sunland Park, NM.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Penalty B Controlled Substance, clenbuterol, found in test sample #E305830 taken from the second place finisher, “My Mister Pt”, in the 3rd race on March 8, 2019, at Sunland Park Racetrack.

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

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

Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 3/24/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-185 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Jaime Aldavaz, Sr; having been duly notified and appeared before the Board Of Stewards on March 24, 2019, waived his right to a hearing regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty) found in test sample E291111 taken from the 1st place finisherCr Seis Pack Corona” following the 3rd race, on December 2, 2018, at Zia Park Racetrack.

The original lab report indicated a finding of Dexamethasone at 58.3 +/- 3.1 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and confirmed by TVMDL at 65 +/- 13 pg/ml. Juan G. Ruis is the owner of record for the horse “Cr Seis Pack Corona

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

    1. A ($1,000) One thousand dollar fine to paid on or before April 23, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

Name: JOHNNY G. RUIZ Ruling Date: 3/24/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-187 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Juan G. Ruiz was duly notified, failed to appear before the Board of Stewards, and had his hearing in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, on March 24, 2019. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4C major), found in test sample #E291111. The test sample was taken from the first place finisher Cr Seis Pack Corona” following the 3rd race on December 2, 2018 at Zia Park Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 58.3 +/- 3.1 pg/ml in the blood. Which exceeds the limit of 5.0 pg/ml

A split sample was sent by the trainer and confirmed at (65 +/- 13 pg/ml) TVMDL.

Jaime G. Aldavaz Sr. was the trainer of record for the horse “Cr Seis Pack Corona” at the time of the incident.

In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Juan G. Ruiz’s FIRST Class 4C MAJOR medication violation in a 365-day period. The Board of Stewards hereby assess penalty as follows:

        1. The horse “Cr Seis Pack Corona” is hereby disqualified from first place and ordered unplaced from the 3rd race on December 2, 2018 at Zia Park Racetrack for all but pari-mutuel wagering.
The purse redistribution is as follows
                1. Sbm Mr Brooks
                2. Faith in Freedom
                3. The Roxy Girl
                4. Jess Lefty
                5. Nailed It
                6. Magics Knud Policy
                7. City Fire
                8. Windham Man
Unplaced: Cr Seis Pack Corona

2. The horse “Cr Seis Pack Corona” must pass a commission-approved examination before being eligible to run.

Licensee is found to be in violation of and this ruling is written in accordance with 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards /15.2.6.9(C)(1) Medication Restrictions / 15.2.6.9(F)Permissible Medications With Acceptable Levels /15.2.6.9(B)(4)Penalty Recommendations/ 15.2.3.8(B)(3)(k) Redistribution of Prizes/ 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.”

Name: ESTEBAN SANCHEZ Ruling Date: 3/23/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-180 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner, Esteban Sanchez-Ruiz, was duly notified and failed to appear before the Board of Stewards, and had his hearing in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, on March 23, 2019. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the therapeutic (class 4 penalty C Major) drug Methylprednisolone detected in the blood of horse “Lady Version” (Test Sample #: E290914), who finished second place in the 2nd race on November 17, 2018, at Zia Park Racetrack.

The original lab report indicated a finding of Methylprednisolone at 213 ± 21 pg/ml in the blood, which exceeds the authorized medication limit of 100 pg/ml in the blood (15.2.6.9 Attachment #2, Page 5).

Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer Stephanie Beltran and confirmed by TVMDL at the level of 178 +/- 21 pg/ml.

Stephanie Beltran, was the trainer of record at the time of the incident.

For Esteban Sanchez-Ruiz’s FIRST Class 4 Category C MAJOR medication violation in a 365-day period, 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, the Board of Steward assess a penalty of :

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

2. The horse “Lady Version” is hereby disqualified from SECOND PLACE and ordered unplaced from the 2nd race on November 17, 2018, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

                1. Ur a Nutrias Fury
                2. Sir Diamond Dash
                3. Quick Pik
                4. Faster Version
                5. First Moon Fire
                6. Taleas Pride
                7. Heza Winning Version

Unplaced “Lady Version” Unplaced per ruling 2019-SUN-80 “Jess a Satin Flash”

Licensee is found to be in violation of and this ruling is written in accordance with: Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.6.9(C)(1) : Prima Facie Evidence /16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS 15.2.6.11(A): 15.2.3.8 B(1) (3)(a)(f)(g)(j) Stewards Disciplinary Action/16.47.1.8 (T) KNOWLEDGE OF RULES Redistribution of Prizes/ 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.” Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ELLIOTT LLOYD BACHICHA Ruling Date: 3/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-176 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 3/12/2019 Suspension End: 5/10/2019
Ruling Text: Trainer: Elliot Bachicha was duly notified and waived his right to a summary suspension and a disciplinary hearing before the Board of Stewards on March 19, 2019. The hearing was in regard to a certificate of analysis from Industrial Laboratories (the official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” at 42 pg/ml which exceeds the authorized limit of 0pg/ml in urine detected in the horse “Es Hearts Delight” (Test Sample #: E292120), who finished 2nd in the 5th race on February 22, 2019, at Sunland Park Racetrack. Robert O. Esquibel, is the owner of record for horse “Es Hearts Delight”.

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

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

  1. A 60 day suspension of all NMRC licenses starting March 12, 2019, through May 10. 2019, inclusive.
  2. A ($1000.00) One Thousand Dollar fine to be paid on or before April 19, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.

Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Es Hearts Delight” was placed on the Stewards list for a minimum period of 60 days (beginning March 18, 2019). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

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

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

15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: BART GEORGE HONE Ruling Date: 3/25/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-171-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-171 - Modified Ruling Trainer: Bart Hone; having been duly notified and appeared with his attorney Gary Mitchell before the Board Of Stewards on March 16, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty) found in test sample E276375 taken from the 2nd place finisherJ J’s Event” following the 6th race, on July 8, 2018, at the Downs at Albuquerque Race Track.

The original lab report indicated a finding of Dexamethasone at 26.3 +/- 2.2 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by TVMDL at 11 +/- 2 pg/ml.

Jeannine L. Richardson is the owner of record for horse “J J’s Event

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

      1. A ($1,000) One thousand dollar fine to paid on or before April 15, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations.

15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: BART GEORGE HONE Ruling Date: 3/26/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-171-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-171 - Appeal Submitted to Commission
Name: BART GEORGE HONE Ruling Date: 3/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-171 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Bart Hone; having been duly notified and appeared with his attorney Gary Mitchell before the Board Of Stewards on March 16, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty) found in test sample E276375 taken from the 2nd place finisherJ J’s Event” following the 6th race, on July 8, 2018, at the Downs at Albuquerque Race Track.

The original lab report indicated a finding of Dexamethasone at 26.3 +/- 2.2 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by TVMDL at 11 +/- 2 pg/ml.

Jeanninine L. Richardson is the owner of record for horse “J J’s Event

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

      1. A ($1,000) One thousand dollar fine to paid on or before April 15, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

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: SALVADOR RENTERIA SOTO Ruling Date: 3/15/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-167 Ruling Type: Race Office/Track Rule Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 25 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Salvador R. Soto , was duly notified (by security citation) and waived h is rights to a 10 day notice and a hearing before the board of Stewards on March 11, 2019. The hearing was to be in regard to Salvador R. Soto parking in a restricted area for an extended time (Limit 15 Minutes) on March 11, 2019, at Sunland Park Racetrack.

Salvador R. Soto is hereby fined Twenty five dollars ($25.00) This fine is to be paid on or before March 28, 2019, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed will result in immediate suspension.

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

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: WESLEY TODD GILES Ruling Date: 3/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-136-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 3/9/2019 Suspension End: 3/24/2019
Ruling Text: RE: 2019-SUN-136 - Appeal Submitted to Commission; Received 3/5/2019 @ 223pm KF
Name: WESLEY TODD GILES Ruling Date: 3/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-135-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-135 - Appeal Submitted to Commission; 3/5/2018 @ 223pm KF
Name: WESLEY TODD GILES Ruling Date: 3/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-135 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Wesley T. Giles; having been duly notified and appeared before the Board Of Stewards on March 1, 2019, and was represented by attorney A. Blair Dunn regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Betamethasone (class 4C-Major penalty drug) found in test sample E282573 taken from the 1st place finisherJess Fire Chick” following the 11th race, on July 14, 2018, at Ruidoso Downs Race Track.

The original lab report indicated a finding of Betamethasone at 16.8 +/- 2.7 pg/ml in the blood, the allowable limit for Betamethasone is 10 pg/ml in the blood (15.2.6.9 Attachment 2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by TVMDL at 15.0 +/- 3 pg/ml

Paul Blanchard and Mike C. Abraham are the owners of record for horse “Jess Fire Chick

This is Wesley T. Giles’s First Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4). The Board of Stewards assessed a penalty as follows:

    1. A ($1,000) One thousand dollar fine to paid on or before April 1, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

.

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

Name: WESLEY TODD GILES Ruling Date: 3/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-136 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 3/9/2019 Suspension End: 3/24/2019
Ruling Text: Trainer: Wesley T. Giles; having been duly notified and appeared before the Board Of Stewards on March 1, 2019, and was represented by attorney A. Blair Dunn regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Betamethasone (class 4C-Major penalty drug) found in test sample E282720 taken from the 1st place finisherJess Fire Chick” following the 9th race, on July 29, 2018, at Ruidoso Downs Race Track.

The original lab report indicated a finding of Betamethasone at 45.1 +/- 4.1 pg/ml in the blood, the allowable limit for Betamethasone is 10 pg/ml in the blood (15.2.6.9 Attachment 2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by TVMDL at 54 +/- 5 pg/ml.

Paul Blanchard and Mike C. Abraham are the owners of record for horse “Jess Fire Chick

This is Wesley T. Giles’s Second Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4). The Board of Stewards assessed a penalty as follows:

    1. A ($1,500) One thousand five hundred dollar fine to paid on or before April 1, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
    2. A 15 day suspension of all NMRC licenses starting March 9, 2019, through March 23, 2019, inclusive.
    3. During said time of applicable suspension Wesley T. Giles is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by or under the care and custody of Wesley T. Giles are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned or trained by or under the care and custody of Wesley T. Giles must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) .

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

Name: MARCO A FLORES Ruling Date: 3/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-138 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Marco A. Flores; having been duly notified and appeared before the Board Of Stewards on March 3, 2019, to waive his rights to a hearing in regard to a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Dexamethasone (a class 4C-Major penalty drug) found in test sample E291793 taken from the 1st place finisherPauls Special Knight” following the 6th race, on January 25,2019, at Sunland Park Race Track.

The original lab report indicated a finding of Dexamethasone at 78.9 +/- 2.2 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer.

Dianna E. Melendez is the owner of record for horse “Pauls Special Knight

For Marco A. Flores’s FIRST Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows: Aggravating Circumstances very high level of medication.

        1. A ($1,500) Fifteen Hundred dollar fine to paid on or before April 1, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

Name: Ruben Leyba Ruling Date: 3/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-96-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 2/19/2019 Suspension End: 8/19/2019
Ruling Text: RE: 2019-SUN-96 - Ruling Final Outcome Trainer: Ruben Leyba Jr. was summarily suspended on February 19, 2019, (Ruling 2019-SUN-96) appeared telephonically before the Board of Stewards for the summary suspension hearing scheduled for March 1, 2019 and waived his right to a10 day notice of the disciplinary hearing , and the disciplinary hearing. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the controlled substance and prohibited drug (class 3 penalty B) “Clenbuterol” detected in the urine of horse “Wild Daddy Jack” (Test Sample #: E291904, First place finisher in the 9th race on February 2, 2019. Split sample rights were afforded to Ruben Leyba Jr. and declined..

Samantha Leyba and Lilly Leyba are the owners of record for horse “Wild Daddy Jack”,

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

        1. A 180 day suspension of all NMRC licenses starting February 19, 2019, through August 17, 2019, inclusive.
        2. A (2500.00) Two Thousand Five Hundred dollar fine to paid on or before April 2, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
        3. During said time of applicable suspension Ruben Leyba Jr is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses trained or owned by, or in the care and custody of Ruben Leyba Jr are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by, or in the care and custody of Ruben Leyba Jr must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

Name: Ruben Leyba Ruling Date: 2/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-96 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 2/19/2019 Suspension End: 8/19/2019
Ruling Text: Owner/Trainer, Ruben Leyba Jr., is hereby summarily suspended, effective immediately, February 19, 2019 pending the outcome of his hearing scheduled for March 1, 2019, at 10:30 a.m. in the office of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Dr, Sunland Park, NM.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Penalty B Controlled Substance, clenbuterol, found in test sample #E291904 taken from the first place finisher “Wild Daddy Jack”, in the 9th race on February 2, 2019, at Sunland Park Racetrack.

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

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

Name: JOHN A CASEY Ruling Date: 2/7/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-7 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: On February 6, 2019 the Board of Stewards spoke to Owner/Trainer, John A. Casey about findings reported by Industrial Laboratories regarding blood sample #288746 taken on 1/23/2019. The Stewards hereby find the following: The official blood sample #288746 taken on 1/23/19 was reported by Industrial Laboratories, the official testing laboratory, to contain Phenylbutazone, which is a Class 4 drug, with a C Penalty, designation. The permissible threshold for Phenylbutazone, is < 2.0 mcg/ml. Sample #288746 contained 2.59 +/- .39 ug/ml of the drug, which is above the permissible threshold for this drug. The sample was taken from the two (2) horse, “Cameron Street”, which ran in the 3rd Race on 1/23/19, finishing First. Pursuant to 178 W. Va. C.S.R. 1, section 24.11.o. the Stewards are authorized to take disciplinary action against a permit holder for violating any provision of the Thoroughbred Racing Rule. Pursuant to section 51.1.a, of the Thoroughbred Racing Rule, 178 W.Va.C.S.R.1: “The trainer is the absolute insurer of and responsible for the condition of the horses he or she enters in an official workout or a race, regardless of the acts of third parties. If testing or analysis of urine, blood or other bodily substances or tissues prove positive showing the presence of any prohibited drug, medication or substance, the trainer of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined. In addition, the owner of the horse, the foreman in charge of the horse, the groom, and any other person shown to have had the care or attendance of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined.” Pursuant to 178 W. Va. C.S.R. 1, section 49.4.a.2., a finding by a Racing 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. Prohibited substances included controlled therapeutic medications in excess of established threshold concentrations as set forth in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2., contained in Table 178-1 F of the Thoroughbred Racing Rule. Pursuant to 178 W. Va. C.S.R. 1, Table 178-1 F, the post-race threshold for Phenylbutazone, is < 2.0 mcg/ml. of plasma or serum. Because the amount of Phenylbutazone found in “Cameron Street” exceeded the acceptable threshold set forth in Table 178-1 F, Mr. Casey may be held responsible and his or her occupational permit disciplined pursuant to 178 W. Va. C.S.R. 1, sections 49.4.a.2. and 51.1.a. The Phenylbutazone, positive in “Cameron Street” is Mr. Casey’s Second Offense for a medication/substance violation carrying a Category C penalty in a 365 day period. 1. (Mitigating) The Permit holders past record: The permit holder’s past record indicates this is his Second Category C offense in the past 365 days. Therefore, the permit holder’s past record is a mitigating factor. 2. (Mitigating) The potential of the drug to influence the horse’s racing performance: Pursuant to 178 W. Va. C.S.R. 1, section 49.2.d. Class 4 drugs may influence performance, but generally have a more limited ability to do so. This is a mitigating factor although it is always of concern to the Stewards when a horse tests in excess of a threshold set forth in the Thoroughbred Racing Rule inasmuch as such thresholds are designed to ensure that horses aren’t racing under the effects of the medication, to allow a state veterinarian conducting a pre-race examination to have as clean a look at the horse as is possible to make sure that the horse does not have some condition that would cause it to harm itself if it races, and to ensure the integrity of racing so that horses aren’t racing under the effect of a medication that could affect performance. 3. (Mitigating) The legal availability of the drug: Phenylbutazone, is legally available. 4. Whether there is reason to believe the permit holder knew of the administration of the drug or intentional administered the drug: Inasmuch as there was no hearing in this matter it was not established whether or not the permit holder knew of the administration of the drug, nor the circumstances under which the drug may have been given. Therefore this factor is not considered in weighing the penalty in this case. 5. The steps taken by the trainer to safeguard the horse: Inasmuch as there was no hearing in this case it is unknown what efforts the trainer made to ensure that the treatment of the horse with Phenylbutazone was done within the withdrawal guidelines and dosing specifications set forth in 178 W. Va. C.S.R. 1, Table 178-1 F, so as to avoid a positive. Therefore this factor is not considered in weighing the penalty in this case. 6. The probability of environmental contamination exposure due to human use: This factor is not applicable to this case. 7. The purse of the race: The race in question was an Allowance race with a $24,500 purse. The Stewards place no weight, either aggravating or mitigating, based upon the purse in this case. 8. Whether the drug found was one for which the horse was receiving a treatment as documented by the treating veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated by a veterinarian with Phenylbutazone. Therefore, this factor is not considered in weighing the penalty in this case. 9. Whether there was any suspicious betting pattern in the race: There is no evidence of a suspicious betting pattern in this case and therefore, this factor is not considered in weighing the penalty in this case. 10. Whether the trainer was acting under the advice of a veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated with Phenylbutazone, by a veterinarian. Therefore, this factor is not considered in weighing the penalty in this case.

Based on the above, the Stewards hereby impose the following penalty for the underlying offense: Mr. Casey will be fined ($500) Five hundred dollars with no disqualification of purse, no suspension, or points. The fine imposed in this ruling shall be paid to the Racing Commission within seven (7) days after the ruling is issued You have the right to appeal this Ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this Ruling and must include a security fee in the amount of $500.00

Name: ESTABAN RAMIREZ Ruling Date: 12/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-267 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/9/2018 Suspension End: 12/17/2018
Ruling Text: Trainer ESTEBAN RAMIREZ is hereby suspended, effective immediately December 9, 2018, for failing to pay the fine ($1,000) assessed in Ruling 2018-ZIA-119.

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

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

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

Name: ESTABAN RAMIREZ Ruling Date: 12/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-267-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/9/2018 Suspension End: 12/17/2018
Ruling Text: RE: 2018-ZIA-267 - Restored to Good Standing Having paid the fine
Name: Ruben Leyba Ruling Date: 11/25/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-232 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 Ruben Leyba Jr was duly notified and waived his rights to a 10-day notice and formal hearing before the Board of Stewards on November 24, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the prohibited drug Ibupropfen (class 4 penalty category C MAJOR drug), found in test sample E290643. The test sample was taken from the SIXTH place finisher El Valle De Oro” following the 7th race on October 27, 2018, at Zia Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ruben Leyba Jr.

Cesar D. Apodaca-Diaz, the owner of record for horse “El Valle De Oro”, was notified that his trainer, Ruben Leyba Jr, waived his rights to a 10-day notice and formal hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Cesar D. Apodaca-Diaz’s FIRST Class 4C MAJOR medication violation in a 365-day period .

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

    1. A ($1,000) one thousand dollar fine to paid on or before December 25, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time shall result in an immediate suspension.

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

Name: EVERADO HERNANDEZ Ruling Date: 10/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-140 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 11/2/2018 Suspension End: 1/30/2019
Ruling Text: THIS RULING IS WRITTEN IN ACCORDANCE WITH THE NMRC RULES THAT WERE IN EFFECT ON JULY 15, 2018. Trainer Everado Hernandez was duly notified and appeared for a hearing before the Board of Stewards on October 27, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Ocho Menudos” (Test Sample #: E282596), who finished FIRST place in the 3rd race on July 15, 2018, at Ruidoso Downs Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Everado Hernandez.

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

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

    1. A 90 day suspension of all NMRC licenses running consecutive from ruling 2018-DDA-97, November 2, 2018 through January 30, 2019, inclusive.
    2. A ($2,000.00) two thousand dollar fine to paid on or before November 27, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time shall result in an immediate suspension.

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

Name: Allison Judith Martinez Ruling Date: 10/22/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-127 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 Allison J Martinez was duly notified and and responded telephonically for a hearing before the Board of Stewards on October 22, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4 penalty category C MAJOR drug), found in test sample E277043. The test sample was taken from the SECOND place finisher PERRY TEES JET” following the 10th race on August 25, 2018, at The Downs at Albuquerque.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 16.6±2.6 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Allison J Martinez.

Robert R. Baca and Marcellino A. Ortiz, the owners of record for horse “PERRY TEES JET”, were duly notified and failed to appear for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Robert R. Baca and Marcellino A. Ortiz’s FIRST Class 4C MAJOR medication violation in a 365-day period .

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

    1. A ($1,000) one thousand dollar fine to paid on or before November 22, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time shall result in an immediate suspension.

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

Name: JUAN DE DIOS TORRES Ruling Date: 10/21/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-107 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/21/2018 Suspension End:
Ruling Text: Trainer/Owner Juan D. Torres is hereby suspended, effective immediately October 21, 2018, for failing to pay the fines ($5,000) assessed in Rulings 2017-ZIA-76 and 2017-SUN-211.

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

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

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

Name: BRAYAN VELAZQUEZ Ruling Date: 9/12/2018
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C18083 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Brayan Velazquez is hereby assessed a civil penalty of Three Hundred Dollars ($300) for prohibited use of the riding crop while striking his mount World Famous Sam T more than three consecutive times without pausing during the stretch run of the 2nd Race at Canterbury Park on September 3, 2018 (2nd whip rule violation during the 2018 Canterbury Park meet).

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

Name: EDGAR CASTILLO Ruling Date: 7/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-73 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Pony Person/ Groom/ Exercise Rider, Edgar Castillo was duly notified and waived his rights to a 10-day notice and formal hearing before the Board of Stewards on July 20, 2018, for failing to disclose his complete criminal history on his license application.

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

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

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

Name: Ruben Leyba Ruling Date: 7/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-30 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 7/23/2018 Suspension End: 8/22/2018
Ruling Text: Trainer: Ruben Leyba was duly notified and waived his right to a hearing before the Board of Stewards on July 11, 2018. The hearing was in regard to a certificate of analysis from U C Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in the urine of horse “Rg Miracle” (Test Sample #: NM30682), who finished in 2nd place in the 7th race on May 4, 2018, at SunRay Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded and declined. Shirley Grisham and Lilly Leyba, are the owners of record for horse “Rg Miracle”, and was duly notified..

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

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

    1. A 30 day suspension of all NMRC licenses starting July 23, 2018, through August 21, 2018, inclusive.
    2. A ($750.00) Seven Hundred Fifty Dollar fine to paid on or before August 13, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.

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

15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ALEJANDRO CHAVEZ Ruling Date: 6/24/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-5 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Alejandro Chavez, having been duly notified and having waived his right to a 10 day notice and a hearing before the Board Of Stewards on June 23, 2018, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4 penalty category C drug) found in test sample NM 31284 taken from the horse “Blazing Away” following the 8th race, on June 2, 2018 at SunRay Park Racetrack. The original lab report indicated a finding of Phenylbutazone at 3.52 micrograms per milliliter in the blood, which exceeds the allowable limit of 2.0 micrograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Alejandro Chavez. Pedro Gutierrez-Marquez is the owner of record for horse Blazing Away”. 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 FIRST Class 4C medication violation issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Alejandro Chavez a penalty as follows:

    1. A ($250) Two Hundred Fifty dollar fine to be paid on or before July 24, 2018, 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 will result in an immediate suspension.

This ruling is written in accordance with: 15.2.6.9 A. UNIFORM CLASSIFICATION GUIDELINES (4) Class 4 - This category is comprised primarily of therapeutic medications routinely used in race horses. These may influence performance, but generally have a more limited ability to do so. 15.2.6.11(A) NMAC: Trainer Responsibility 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 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: RONALD L BEVERLY Ruling Date: 6/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-112 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/16/2018 Suspension End:
Ruling Text: Jockey Ronald Beverly failed to appear for a hearing before the board of Stewards on June 16, 2018 Testing positive for Alcohol during a drug screening on June 4, 2018. showing a Alcohol level of .035 (see attached Lab report).

This conduct has resulted in charges against you, that you have violated the following Statutes or Rules:

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

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 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 violation the Board of Stewards issue Ronald Beverly a penalty of the following:

    1. Suspension of all NMRC licenses for minimum of 30 days beginning June 16, 2018.
    2. In addition Ron Beverly must enroll in a Steward approved Program.
3. Ron Beverly must pass an approved drug test before reinstatement.

This notice is written in accordance with: 16.47.1.19 ASSESSMENT/TREATMENT REQUIREMENTS: B. First-time offenders: (1) The board of stewards or the commission may, at its discretion, order the licensee to obtain a professional assessment to determine whether there is a substantial probability that the licensee is dependent on, or abuses, alcohol or other drugs or the board of stewards or the commission may act on the information at hand. 1 6.47.1.17 (A)(1) TESTING PROCEDURES At its discretion, the commission may conduct random or episodic random drug testing, as well as testing based on reasonable suspicion, in order to ensure safety on the racetrack. 15.2.3.8 B (3)(a) Stewards Disciplinary Action 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:

Name: Damon Leeds Ruling Date: 6/14/2018
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #18-0064 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/14/2018 Suspension End:
Ruling Text: Exercise Rider: Damon L. Leeds (D.O.B. 4/12/1972)

Damon L. Leeds is hereby suspended by the Board of Stewards for his alleged disorderly conduct (threatening another licensee) and his formal ejection from Churchill Downs that occurred on May 27, 2018. During his suspension Mr. Leeds is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission.

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

BY ORDER OF THE STEWARDS

Name: GERARDO OCHOA Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-248 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: Y
Suspension Start: 5/2/2019 Suspension End: 8/3/2019
Ruling Text: Trainer Gerardo Ochoa was duly notified and represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 13, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Taleas Pride” (Test Sample #: NM29819), who finished 2nd place in the 8th race on January 5, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

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

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

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

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

Name: GERARDO OCHOA Ruling Date: 4/18/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-248-AFF Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: Y
Suspension Start: 5/2/2019 Suspension End: 8/3/2019
Ruling Text:
STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION

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

DECISION AND ORDER

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

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

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

Date: April 18, 2019 Signed by: Chairman Willis

Name: MIRANDA ELIZA LOPEZ Ruling Date: 5/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-101-FO Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/18/2018 Suspension End:
Ruling Text: RE: 2018-SUN-101 - Ruling Final Outcome

Applicant Miranda Lopez is restored to good standing having appeared before the Delaware Racing Commission on 5/17/2019 and satisfied the requirements of the New Mexico Racing Stewards

Name: MIRANDA ELIZA LOPEZ Ruling Date: 2/18/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-101 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/18/2018 Suspension End:
Ruling Text: Groom, Miranda Lopez was duly notified, failed to appear, and had her disciplinary hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d), before the Board of Stewards on February 18, 2018, at Sunland Park Racetrack . Miranda Lopez failed to disclose criminal history on his licensing application.

The Board of Stewards hereby revoke any/all New Mexico Racing Commission licenses belonging to Miranda Lopez, effective immediately February 18, 2018,. Furthermore, Miranda Lopez is referred to the New Mexico Racing Commission for their further review prior to any further application.

During said time of suspension Miranda Lopez is denied access to all grounds under the jurisdiction of the New Mexico Racing Commission in accordance with 15.2.1.9(C)(21)(a) NMAC.

Licensee is found to be in violation of and this ruling is written in accordance with: 16.47.1.8 (L)(1)(d) GROUNDS FOR DISCIPLINARY MEASURES The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant has failed to disclose or falsely states any information required in the application;

16.47.1.8 (L)(1)(i) – CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.3.8 (B)(3)(g) STEWARDS AUTHORITY The stewards may order that a person be ineligible for licensing; or they may deny a license to an applicant on grounds set forth in the act or these rules. 15.2.3.8 (B)(3)(j) REFER TO THE COMMISSION The stewards may refer any matter to the commission and may include recommendations for disposition. The absence of a steward's referral shall not preclude commission action in any matter 16.47.1.8(L)(2) Written Notice Of Suspension Or Revocation To Licensee And Other Jurisdictions 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: MIRANDA ELIZA LOPEZ Ruling Date: 2/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-86 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/10/2018 Suspension End:
Ruling Text: Groom, Miranda Lopez is hereby summarily suspended, effective immediately, February 10, 2018, pending the outcome of her hearing on February 17, 2018, @ 10:15a.m in the offices of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Drive Sunland Park, New Mexico 88063) , per 15.2.1.9 (B)(3)(b) Summary Suspension. Miranda Lopez tested positive for Marijuana (THC) during a drug screening on February 9, 2018.

Per 15.2.1.9 (C)(21)(a-b) NMAC, Miranda Lopez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a): Which states in pertinent part “If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing”. 16.47.1.16 (C)(7) Restricted Activities: It shall be an offense to exercise the privileges granted by a license from this commission if the licensee presently has drugs (controlled substances) or alcohol in his/her body. With regard to alcohol, the results of a test showing a reading of more than .05 percent of alcohol in the blood, urine, saliva or other bodily fluids of licensees in non-safety sensitive positions shall be the criterion for a finding of alcohol present in the body. With regard to other controlled substances, presence of the drug in any quantity measured by the testing instrument establishes the presence of the drug for purposes of this paragraph. Licensees in safety sensitive positions, jockeys, starters, assistant starters, exercise riders, pony persons, ambulance personnel, and outriders are in violation of this rule if they have any measurable level of alcohol.

16.47.1.8 (L)(1)(i) – Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 16.47.1.17 (A)(1) TESTING PROCEDURES At its discretion, the commission may conduct random or episodic random drug testing, as well as testing based on reasonable suspicion, in order to ensure safety on the racetrack. 16.47.1.17 (A)(2) TESTING PROCEDURES When conducted, random drug testing shall apply, equally, to all licensees who are, at the time of the random testing, exercising the privileges of their license in such ways as may affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas. 16.47.1.17 (A)(3) TESTING PROCEDURES No notice need be given as to onset or cessation of random testing. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: MIRANDA ELIZA LOPEZ Ruling Date: 2/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-86-CC Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/10/2018 Suspension End:
Ruling Text: RE: 2018-SUN-86 - Case Continued Groom, Miranda Lopez was duly notified, failed to appear, and had her summary suspension hearing held in absentia before the Board of Stewards on February 17, 2018. Miranda Lopez shall remain summarily suspended pending the outcome of her disciplinary hearing, which will be scheduled once lab results are received.

Per 15.2.1.9 (C)(21)(a-b) Exclusion, Miranda Lopez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC per 15.2.1.9 (C)(21) NMAC. Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a)(b) Summary Suspension 16.47.1.8 (L)(1)(i) – Conduct 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY 15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (a)(c)(d)Stewards General Authority 16.47.1.8 (T) KNOWLEDGE OF RULES 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required 16.47.1.8(N) Last Known Address

Name: MIRANDA ELIZA LOPEZ Ruling Date: 5/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-86-FO Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/10/2018 Suspension End:
Ruling Text: RE: 2018-SUN-86 - Ruling Final Outcome Applicant Miranda Lopez is restored to good standing having appeared before the Delaware Racing Commission on 5/17/2019 and satisfied the requirements of the New Mexico Racing Stewards
Name: BRAYAN VELAZQUEZ Ruling Date: 5/18/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-229-REST Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2017-SUN-229 - Restored to Good Standing
Name: BRAYAN VELAZQUEZ Ruling Date: 12/30/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-229 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Brayan Valazquez having been duly notified and having responded telephonically before the Board of Stewards on December 30, 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 (entry “DEVILS MISTRESS”), which resulted in a late scratch and mutuel refund in the 2nd race on December 3, 2017, at Zia Park Racetrack.

The Board of Stewards hereby fine Brayan Valazquez in the amount of two hundred dollars ($200.00). The fine is to be paid on or before January 30, 2018, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

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

Name: MARCO A FLORES Ruling Date: 11/12/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-152 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 11/12/2017 Suspension End: 12/12/2017
Ruling Text: Trainer, Marco Flores, having been duly notified and having appeared before the Board of Stewards on November 12, 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 “Rcash Wagon”(Test Sample #: NM27529), who finished 1st place in the 5th race on September 10, 2017, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Marco Flores. Melissa Soto, the owner of record for horse “Rcash Wagon”, was duly notified and failed to appear for this hearing. This is Melissa Soto’s THIRD Class 3B medication violation in a lifetime.

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

    1. A 30 day suspension of all NMRC licenses starting November 12, 2017, through December 11, 2017, inclusive.
    2. A ($750) seven hundred and fifty dollar fine to paid on or before December 12, 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 Marco Flores is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21) Exclusion. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Marco Flores are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) Exclusion.

Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B(2) Penalty recommendations This ruling is written in accordance with 15.2.6.11(A) NMAC Trainer Responsibility/ 16.47.1.10(B)(1) NMAC/ Absolute 15.2.3.8(B)(3)(k) NMAC/ Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ROBERT VAN CROWELL Ruling Date: 8/18/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-127 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Robert Van Crowell having been duly notified and having telephonically waived his rights to a 10 day notice and formal hearing before the Board of Stewards on August 13, 2017, for entering the ineligible horse “JACQUILL” , which resulted in a scratch from the 8th race on July 28, 2017, at Ruidoso Downs Racetrack.

For this violation, the Board of Stewards assess Robert Van Crowell a fine in the amount of two hundred dollars, ($200.00) The fine is to be paid on or before September 18, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of: 16.47.1.10 (C) (18) Trainers are responsible for horses entered as to eligibility and weight or other allowances claimed. 15.2.5.12(V) Ineligible horse A horse shall be ineligible to start in a race when it does not meet the eligibility conditions of the race.

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

Name: LUIS CARLOS SAEZ Ruling Date: 4/25/2017
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #17-0044-1 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/29/2017 Suspension End: 5/3/2017
Ruling Text:

After a hearing before the Board of Stewards, Luis Saez, who rode MILADY ROCKS in the first race at Keeneland on April 22, 2017, is hereby suspended three (3) racing days, April 29, May 2 and May 3, 2017 for careless riding that resulted in the disqualification of his mount.

810 KAR 1:016 Section 13

By Order of the Stewards

Name: LUIS CARLOS SAEZ Ruling Date: 4/21/2017
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #17-0043 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/23/2017 Suspension End: 4/27/2017
Ruling Text: After a hearing before the Board of Stewards, Luis Saez, who rode LADIES’ PRIVILEGE in the ninth race at Keeneland on April 20, 2017, is hereby suspended three (3) racing days, April 23, April 26 and April 27, 2017 for careless riding that resulted in the disqualification of his mount.

810 KAR 1:016 Section 13

By Order of the Stewards

Name: RICHARD ERAMIA Ruling Date: 4/12/2017
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 17-023 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/12/2018 Suspension End: 1/14/2018
Ruling Text:

Jockey Richard Eramia is suspended three racing days - Friday, January 12, 2018, Saturday, January 13, 2018 and Sunday, January 14, 2018 - for allowing "Creative Art" to drift out three times in the stretch of the seventh (7th) race on April 8, 2017, a violation of ARC Rule # 2347 (a), causing interference and costing "Chilango" an opportunity to place higher. "Creative Art" was disqualified from second and placed fifth. Because the 2017 race meet is about to conclude, the suspension days are being carried over to the opening of the 2018 meet at Oaklawn Park.

Name: RICHARD ERAMIA Ruling Date: 4/12/2017
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 17-023-ASC Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/12/2018 Suspension End: 1/14/2018
Ruling Text: RE: 17-023 - Appeal Submitted to Commission
Name: GILBERTO SANTIAGO Ruling Date: 9/12/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-192 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: JOCKEY GILBERTO SANTIAGO STRUCK THE HORSE "JUST FOR PAPPA" IN THE FACE DURING THE RUNNING OF THE 2ND RACE 9/7/2016.
Name: ELEUTERIO SANTANA MIRELES Ruling Date: 6/23/2016
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 24-2016 DE Ruling Type: Unlicensed Participant
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/23/2016 Suspension End:
Ruling Text: 24-2016

Unlicensed Owner Eleuterio Mireles, DOB 2/19/1962, RCI ID 1969341 tested positive for a dangerous controlled substance (Marijuana) making him ineligible for licensing in the State of Delaware. It is futher ordered that to receive consideration for a license, Mr. Mireles shall be required to successfully complete such a rehabilitation program as required by the Stewards, at such time he may reapply to the State of Delaware. Refer to D.T.R.C. Rules 2.5, 2.5.1.17.1, 3.3, 3.4, 18.1.1, 18.1.2, 18.1.3, 21.0 and 21.1.

Name: Melton Robert Redwood Ruling Date: 6/23/2016
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C16043 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/23/2016 Suspension End: 5/14/2019
Ruling Text: Owner Melton Robert Redwood is hereby suspended pending his appearance before the Board of Stewards at Canterbury Park to ascertain his qualifications to be licensed as an Owner and to review documents to verify his immigration status and eligibility to work..

Minnesota Rules: 7877.0125 (Criteria for Determining Eligibility) Subp. 3.-Compliance with laws 7877.0130 (Standards Required of Applicants for Specific Licenses) Subp. 1.-Individual owners 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-General authority

Name: JOEL HOUSTON MARR Ruling Date: 4/8/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-226 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Joel H. Marr, having been duly summoned, appeared before the Board of Stewards on April 3, 2016, for failure to declare equipment BLINKERS ON at time of entry on the horse Shesa Prowler in the sixth race on Saturday, March 12, 2016, at Sunland Park Racetrack.

For this first rule violation, the Board of Stewards has assessed a written WARNING. The next violation may result in a fifty dollar ($50.00) fine

Licensee is found to be in violation of:

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

Name: PATRICIO VENZOR Ruling Date: 11/17/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-280 Ruling Type: Race Office/Track Rule Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner PATRICIO VENZOR, having telephonically appeared on this date, before the Board of Stewards regarding an ineligible entry of “A Reckless Royal” (not in the Trainer’s care at time of entry), which resulted in a scratch of said horse in the eleventh race, Saturday, November 21, 2015, at Zia Park; (The Owner of the horse “A Reckless Royal” made entry of his horse on November 14, 2015. At the time of entry, Mr. Venzor made application to transfer the horse from Trainer Carl Cunningham to another Trainer; however the application was not approved prior to entry. Mr. Cunningham stated he did not have the horse in his care/custody, and that he did not authorize the horse “A Reckless Royal” to be entered. The horse was ineligible to enter without the current Trainer being disclosed, and the transfer approved to the current Trainer).

PATRICIO VENZOR is found to be in violation of; 16.47.1.9 (A)(5) NMAC: Which states in pertinent part “Licensed Owners are responsible for disclosure of true and entire Ownership of each of their horses registered with the Racing Secretary. Any change in Ownership or Trainer of a horse registered with the Racing Secretary must be approved by the Stewards”.

16.47.1.10 (C)(17) NMAC: Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches and in all other matters pertaining to racing”.

(Additional verbiage included in the 2015 Zia Park Condition book states “All registration certificates within 7 days after arrival. Registration certificates will not be accepted during entry hours, nor will transfers, bills of sale, etc must be handled after the draw has been concluded”).

This ruling is in accordance with: 15.2.3.8 (B)(2) NMAC: Which states in pertinent part “An entry shall be made in the name of the horse’s licensed Owner, and made by the Owner, Trainer, or a licensed designee of the Owner or Trainer”.

For this rule violation, the Board of Stewards assessed PATRICIO VENZOR a penalty in the amount of one hundred dollars ($100.00).The fine is to be paid on or before December 17, 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.

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.

BY ORDER OF THE ZIA PARK BOARD OF STEWARDS

Name: Horse Ruling Ruling Date: 11/15/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-268 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The horse "Sky Bo Dash" is hereby disqualified and ordered unplaced, because of a confirmed positive test (Sample #NM13782) for the Class III drug "Clenbuterol" found after it finished first in the 8th race, Friday, July 3, 2015, at Ruidoso Downs (see related rulings #2015-ZIA-266, #2015-ZIA-267, #2015-ZIA-269).
This ruling is in accordance with:
15.2.6.9(D)(1) 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 case of a post-race test, was present in the horse's body while it was participating in a race."
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."
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."
As a result of this disqualification, the new order of finish is hereby ordered as follows and the purse shall be redistributed accordingly:
1st More Please 6th A Good Royal Reason 2nd Miss Feet Down First 7th Corona Motion 3rd Jess B Heroic 8th Face Paint 4th Jess Envision 9th One Sweet Cartel 5th To the Top First Unplaced Sky Bo Dash
(The horse “Sky Bo Dash" is hereby placed on the Veterinarians list, and must pass a Commission approved examination prior to being allowed any future entry, per 15.2.6.9 (C)(4)(b) NMAC).
(Per the terms of a signed Stipulated Settlement Agreement, as specified in section 2, the Owner knowingly, intentionally, and voluntarily waives any/all appeal rights, including any judicial appeal regarding this matter). BY ORDER OF THE ZIA PARK BOARD OF STEWARDS
___________________ _____________________ ___________________ ED L’ECUYER JILL CATHEY DAVID KEITER
Name: CONCEPCION R BALDERRAMA Ruling Date: 11/7/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-235 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Concepcion Balderrama, having been duly notified, and appeared by telephone before the Board of Stewards on October 27, 2015, regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM 13894 after it was collected from the horse “Latest Delight” which finished first in the 6th race on July 6, 2015, at Ruidoso Downs; (The original lab report indicated a finding of Clenbuterol in the urine at 904pg/ml. Split sample rights, as provided in 15.2.6.10(D) NMAC were offered to Concepcion Balderrama. and waived). Mario Mujica is the recorded Owners of the horse “Latest Delight”, which was the subject of related rulings issued this date, at Zia Park, in which sanction was made against the Trainer of record.
Concepcion Balderrama. is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9 (P) NMAC: Which states in pertinent part "Clenbuterol in a post race test that exceeds the screening limit of 140 pg/ml in urine will constitute a violation of NMSRC rules". 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.6.9 (C) 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 Concepcion Balderrama a penalty.
    1. A fine in the amount of one thousand dollar ($1,000.00) to be paid within 60 days either on or before December 29, 2015, in accordance with 15.2.3.8(B)(3)(l) NMAC

2) A suspension of any/all NMSRC issued licenses for a period of 60 calendar days from this date, with the suspension hereby waived by the Commission per Section 3, provided Concepcion Balderrama is compliant with the full terms of the Stipulated Settlement Agreement.
3) Loss of purse of the 6th race on July 6, 2015, at Ruidoso Downs.
4) A probation period of 180 days starting November 7, 2015 and ending May 5, 2016. (Per the terms of a signed Stipulated Settlement Agreement, this is considered 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. Any subsequent Class B violation within a 180 day period following this date will result in further penalty, as specified in Section 6.Per the written terms of the signed Stipulated Settlement Agreement as specified in section 2, Concepcion Balderrama furthermore knowingly, intentionally, and voluntarily waives any/all appeal rights, including any judicial appeal regarding this matter). (Refer to related rulings, issued this date, at Zia Park).

Name: ALEJANDRO CHAVEZ Ruling Date: 7/26/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-81 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 8/6/2015 Suspension End: 10/4/2015
Ruling Text:
Trainer, Alejandro Chavez , having been duly notified, (but did not appear) before the Board of Stewards on July 26, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM09288, after it was collected from the horse " Essohess" which finished 1st in the 4th race, Monday, November 10 2014 at Zia Park Race Track.

(The original lab report indicated a finding of Clenbuterol in urine at 339pg/ml . Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, denied by Alejandro Chavez.
0
Alejandro 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".

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 140 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 Alejandro Chavez a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 60 calendar days (August 6, 2015 through October 4, 2015, Inclusive);
(2) A fine in the amount of one-thousand dollars ($1,000.00.);
(3) Loss of purse of the 4th race, Monday, November 10, 2014, at Zia Park.

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

During said time of applicable suspension, Trainer Alejandro Chavez 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 Alejandro Chavez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
BY ORDER OF THE SUNRAY PARK BOARD OF STEWARDS

_____________________ _______________________ _____________________
LINDA SALINAS RON WALKER JILL CATHEY

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: JIM A JAMISON Ruling Date: 12/29/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-511 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:
Jim Allen Jamison New Mexico Racing Commission License #54983760, (Assistant Starter), is hereby rescinded having terminated employment and no longer working in that licensed capacity.


This ruling is in accordance with: 1.47.1.8 (M)(2)NMAC: Which states in pertinent part that “A license is only valid under the condition that the licensee remains eligible to hold such a license”.


Name: GUADALUPE MUNOZ Ruling Date: 1/24/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3397814 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on January 9, 2014 on review of a hearing officer's report by the above named Appellant;
WHEREAS, proper notice was given to those parties entitled to notice;
WHEREAS, the Commission reviewed the hearing officer's report and all related hearing material;
WHEREAS, the hearing officer's report is attached to this Decision and Order;
WHEREAS, the Commission voted unanimously to adopt the Hearing Officer's Findings of Fact and Conclusions of Law;
WHER EAS, the Commission voted unanimously to adopt the Stipulated Facts entered by the parties and hereby attached to this Decision and Order;
WHEREAS, the Commission finds that Appellant's actions constitute a violation of New Mexico Racing Commission Rules;
WHEREAS, the Commission finds there to be sufficient evidence to support the finding of a violations on behalf of Appellant;
WHEREAS, the Commission voted unanimously to adopt the penal ty recommendations of the Hearing Officer.
IT IS THEREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance in a horse he is training. As such, Appellant and his horse shall be assessed a penalty as follows:
l. A fine in the amount of (a) five hundred dollars ($500) for the first offense violation for impermissible levels of 16 Hydroxystanozolol and (b) one thousand five hundred ($1,500) for the second offense violation for impermissible levels of Clenbterol for a total fine amount of two thousand dollars ($2,000);
      1. A suspension for (a) fifteen (15) days for the first offense violation for impermissible levels of 16 Hydroxystanozolol and (b) ninety (90) days for the second offense violation for impermissible levels of Clenbuterol for a total suspension of l05 days;
      2. Loss of purse for both horses;

IV. Both horses be unplaced; and

V. Both horses must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.
This Decision and Order shall be served upon Appellant in accordance with law. Pursuant to Rule 1-075 N M RA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.
Name: GUADALUPE MUNOZ Ruling Date: 12/19/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3397814-ADC Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 3397814 - Appeal Submitted to District Court 2/14/2014
Name: GUADALUPE MUNOZ Ruling Date: 12/19/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3397814-FO Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 3397814 - Ruling Final Outcome - Order Denying Petition For Writ of Certioriari & Dismissal of Appeal was Ordered by DC Judge Valerie Huling. Therefore, D&O 3397814 dated 1/24/14 is upheld and shall be enforced.



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