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. >2/23/2021<

159 Total Rulings compiled at: 2/28/2021 7:36:48 AM G.M.T.

Name: JASON ROBERT THOMPSON Ruling Date: 2/27/2021
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2021-NDP-32 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #3 Angels Ransom in race 2 on 2/23/21 he changed course in the stretch and impeded the progress of #2 Mesmerized. O.S.R.C.-3769-17-11  17-99
Name: KEITH J KASH Ruling Date: 2/27/2021
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2021-NDP-31 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: 2/26/2021 Suspension End: 3/4/2021
Ruling Text:
Mr. Kash has agreed to a settlement with the Ohio State Racing Commission regarding Case Number: 2020-30. He agrees to pay a $250.00 fine by March 4, 2021 and a seven day driving suspension from February 26, 2021 thru March 4, 2021. O.S.R.C.-3769-17-16  17-99
Name: C Brian Loney Ruling Date: 2/27/2021
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2021-NDP-33 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 150 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Loney was late to the paddock with #7 Bad Outcome in race 11 on 2/23/21. O.S.R.C.-3769-14-50  14-99  If the fine is not paid to the judges by 3/9/21 you shall be suspended and your license may be revoked by the commission.
Name: TYLER S GAFFALIONE Ruling Date: 2/26/2021
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #21-0021 Ruling Type: Appeal/Stay Denied, Withdrawn, or Waived
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/4/2021 Suspension End: 3/6/2021
Ruling Text: Jockey: Tyler S. Gaffalione (D.O.B. 9/12/1994)

Having withdrawn the appeal of Stewards Ruling #20-0064 issued September 18, 2020, Tyler S. Gaffalione is now hereby suspended THREE (3) racing days, March 4 through March 6, 2021 (inclusive).

810 KAR 9:010 Section 1 (10) By Order of the Stewards

Name: RICHARD E LULL Ruling Date: 2/25/2021
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 20-21TP017 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having appeared on February 24, 2021, Jockey Richard Lull (ADG #20107) is hereby fined two hundred and fifty dollars ($250.00) plus 5% Race Horse Adoption Fund surcharge for a total of two hundred sixty two dollars and fifty cents ($262.50) for misuse of the whip in the post parade aboard "KICKENIT" in the EIGHTH race on February 17, 2021.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by March 7, 2021, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning March 8, 2021, through and inclusive of September 4, 2021, 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. R19-2-121E

Name: LYN DEE VENHAM Ruling Date: 2/25/2021
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2021-CT-11 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On February 25, 2021, the Board of Stewards offered a hearing to Owner/Trainer, Lyn Venham, Permit #41009, DOB 12/15/1970 to which she waived her right to a hearing regarding a medication violation pertaining to her horse “Rainbow River” who finished eighth (8th) in the eighth (8th) race on Saturday January 9, 2021. The Stewards hereby find the following: The official blood sample #E411305, taken on 1/09/21 was reported by Industrial Laboratories, the official testing laboratory, to contain Dexamethasone and Trichlormethiazide which are Class 4 drugs, with a C Penalty, designation. Trichlormethiazide and Dexamethasone combination is an oral product that was licensed and marketed under the brand name of Naquasone and will be treated in this ruling as one application. The permissible threshold for Dexamethasone is 5 picograms per milliliter of plasma or serum. Sample #E411305 contained 73.8 pg/ml of the drug, which is above the permissible threshold for this drug. Trichlormethiazide was also confirmed in the blood. The sample was taken from the One (1) horse, “Rainbow River”, which ran in the 8th Race on 1/09/21, finishing eighth. Ms. Venham originally elected to have a split sample tested but has since changed her mind. 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 picograms per milliliter of plasma or serum. Because the amount of Dexamethasone (Naquasone) in “Rainbow River” exceeded the acceptable threshold set forth in Table 178-1 F. Ms. Venham may be held responsible and her occupational permit disciplined pursuant to 178 W. Va. C.S.R. 1. sections 49.4.a.2. and 51.1.a. The Dexamethasone (Naquasone) positive in “Rainbow River” is Ms. Venham’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 as a result of this issuance. Ms. Venham is assessed ˝ point for this Dexamethasone (Naquasone) 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 this class category 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 horse’s aren’t racing under the effect of a medication that could affect performance.
  3. (Mitigating) The legal availability of the oral application: Naquasone 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: The trainer admitted to the treatment of the horse “Rainbow River” with Naquasone and thought the treatment 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 considered in weighing the penalty in this case.
  5. The probability of environmental contamination exposure due to human use: This factor is not applicable to this case.
  6. The purse of the race: The race in question was a Claiming race with a $11,000 purse. The Stewards place no weight, either aggravating or mitigating, based upon the purse in this case.
  7. 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 Naquasone therefore, this factor is not considered in weighing the penalty in this case.
  8. 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.
Based on the above, the Stewards hereby impose the following penalty for the underlying offense: Ms. Venham’s horse “Rainbow River” will be disqualified from all purse money and Ms. Venham will have a total of ˝ point on her record. The Naquasone positive, being the first medication violation in this class category in 365 day. Ms. Venham is fined $1000 dollars. The horse “Rainbow River” is disqualified from all purse money. 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: JOHN L MARTINO Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE42 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 11/17/2020 Suspension End: 11/22/2020
Ruling Text: Driver John Martino is hereby issued a driving suspension for a period of five (5) days and is also fined the sum of five-hundred ($500.00) dollars. Said suspension shall begin on November 17, 2020 and run through November 21, 2020 inclusive.

While driving #2 "Hilarious Handsome" in the eleventh race on November 6, 2020, Mr. Martino did violate the New Jersey Racing Commission rule regarding the restrictive use of the whip.

Violation of N.J.A.C. 13:71-20.15 (c) 1,2,3,4.

Name: JAMES SLENDORN Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 21MDH22 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Driver James Slendorn is hereby issued a driving suspension for a period of ten (10) days and is also fined the sum of one thousand ($1000.00) dollars. Said suspension shall begin on February 25, 2021 and run through March 6, 2021 inclusive.

While driving #1 NORTHERN ROCK in the 3rd race on Friday, February 12, 2021, Mr. Slendorn did violate the New Jersey Racing Commission rule regarding the restrictive use of the whip.

Mr. Slendorn is also placed on probation until Saturday, August 7, 2021. (Repetitive Offender)

Violation of N.J.A.C. Rule 13:71-20.15(c) 3, 4

Name: BRYAN A ANDERSEN Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE46 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Bryan Andersen is hereby fined the sum of one-hundred ($100.00) dollars.

Mr. Andersen did gain an unfair advantage by driving with a wheel inside the "Hubless Rail" Pylons while driving #2 "P L Leeroy" in the second race at Freehold Raceway on November 21, 2020. "P L Leeroy" finished 2nd and was placed 3rd.

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

Name: MITCHELL D CUSHING Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE41 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Mitchell Cushing is hereby fined the sum of two-hundred ($200.00) dollars.

While driving #8 "Fireball" in the sixth race at Freehold Raceway on November 7, 2020, Mr. Cushing did allow his horse to drift out in the stretch and interfere with #6 "Spirit Of Truth."

As a result, #8 "Fireball" finished 2nd and was placed 6th.

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

Name: DANIEL R DALEY Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 21FRE56 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 12/15/2020 Suspension End: 12/30/2020
Ruling Text: Dan Daley was the programmed trainer of the horse "Torrey Pines" when he raced in the ninth race at Freehold Raceway on October 2, 2020. Following this race, "Torrey Pines" was required to submit a urine sample for analysis. A report from Truesdail laboratories identified the presence of the drug Dextrorphan.

As a result, Mr. Daley is issued a full suspension of his New Jersey Racing Commission license for a period of fifteen (15) days and fined the sum of five-hundred ($500.00) dollars. Said suspension shall begin on December 15, 2020 and run thru December 29, 2020 inclusive. During the period of suspension, Mr. Daley is denied access to all grounds that are under the jurisdiction of the New Jersey Racing Commission for any and all purposes.

Consistent with N.J.A.C. 13:71-23.7, the horse "Torrey Pines" is disqualified from sharing in all purse monies earned on October 2, 2020.

MMV Points incurred 2 points.

Violation of N.J.A.C. 13:71-23.1 (a) (b) Violation of N.J.A.C. 13:71- 23.6 (a) (b) (c) (d) Violation of N,J.A.C. 13:71- 23.7 (a) (b) (c) (d)

Name: RICHARD A BILACH Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE44 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 Richard Bilach is hereby fined the sum of fifty ($50.00) dollars.

Mr. Bilach did drive with a wheel inside the "Hubless Rail" pylons while driving # 2 "Runaround Sue" in the tenth race at Freehold Raceway on November 20, 2020.

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

Name: JAMES MAROHN Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE55 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jim Marohn, Jr. is hereby fined the sum of $50.00 for filure to come up into position for the 1st race on December 11, 2020.

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

Horse: Chocolate Matters

Name: JAMES MAROHN Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE50 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 Jim Marohn Jr. is hereby fined the sum of fifty ($50.00) dollars.

Mr. Marohn Jr. did drive with a wheel inside the pylons while driving #3 "Northern Rock" in the tenth race at Freehold Raceway on November 28, 2020.

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

Name: JACK WYLLIE PELLING Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE48 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: VVDriver Jack Pelling is hereby fined the sum of two-hundred ($200.00) dollars.

While driving #4 "Jackamino" in the eighth race on November 28, 2020 at Freehold Raceway, Mr.Pelling did move his horse from the two wide position back to the inside after the 3/4 pole when proper clearance did not exist. While doing so he did interfere with #3 "Albert A Scootin."

As a result #4 "Jackamino" finished 4th and was placed 6th.

Violation of N.J.A.C. 13:71-20.6 (a) 1,2,3,5,8.

Name: JACK WYLLIE PELLING Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE39 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 Jack Pelling is hereby fined the sum of fifty ($50.00) dollars.

Mr. Pelling did drive with a wheel inside the "Hubless Rail" pylons while driving #1 "Jackamino" in the third race at Freehold Raceway on October 31, 2020.

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

Name: RAY R BAYNES Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE51 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 12/11/2020 Suspension End: 12/16/2020
Ruling Text: Driver Ray Baynes is hereby issued a driving suspension for a period of five (5) days beginning December 11, 2020 through December 15, 2020 inclusive and is also fined the sum of five-hundred ($500.00) dollars.

While driving #2 '"Zindelight" in the first race at Freehold Raceway on November 21, 2020, Mr. Baynes did violate the New Jersey Racing Commission rule regarding the restrictive use of the whip.

Violation of N.J.A.C. 13:71-20.15 (c) 3, 4.

Name: MICHAEL P POLLIO Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE54 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Michael Pollio is hereby fined the sum of $50.00 for failure to come up into position for the 1st race on December 11, 2020.

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

Horse: Srydence

Name: PHILIP J LACORTE Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE47 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 11/27/2020 Suspension End: 12/2/2020
Ruling Text: VDriver Philip Lacorte III is hereby issued a driving suspension for a period of five (5) days and is fined the sum of five-hundred ($500.00) dollars. Said suspension shall begin on November 27, 2020 and run through December 1, 2020 inclusive.

While driving #5 "Jaybeebullville" in the second race on November 6, 2020, Mr. Lacorte, III did violate the New Jersey Racing Commission rule regarding the restrictive use of the whip.

Violation of N.J.A.C. 13:71-20.15(b) 5. Violation of N.J.A.C. 13:71-20.15 (c) 3, 4.

Name: LEON B BAILEY Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE49 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Leon Bailey is hereby fined the sum of fifty ($50.00) dollars.

Mr. Bailey did fail to drive the horse "Princess Kay" when programmed in the second race at Freehold Raceway on December 4, 2020.

Violation of N.J.A.C. 13:71-7.29(a) 2.

Name: JOSEPH BONGIORNO Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 21MDH23 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. Bongiorno is hereby fined the sum of three hundred ($300.00) dollars.

Mr. Bongiorno, while driving #3 WESTERN REDHOT in the 14th on Saturday, February 13, 2021 change course after the start and interfered with #4 IMAGEOFARACKER .

Violation of N.J.A.C. Rule 13:71-20.6 (a) 1

Name: AUSTIN T SIEGELMAN Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE53 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Austin Siegelman is hereby fined the sum of $50.00 for failure to come up into position for the 5th race on December 11, 2020.

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

Horse: Allywaycast

Name: PAUL A MINORE Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE52 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Paul A. Minore is hereby fined the sum of $50.00 for failure to come up into position for the 5th race on December 11, 2020.

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

Horse: Exuberance

Name: EDWARD JEROME KERELUK Ruling Date: 2/24/2021
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 20-21TP016 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having waived that right, Owner/Trainer Edward Kereluk (ADG #11462) 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 "GAME DAY DECISION" for the NINTH race on February 22, 2021, 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 March 6, 2021, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning March 7, 2021, through and inclusive of September 3, 2021, 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(2); A.A.C. R19-2-121€

Name: Jessica Lynn Winkel Ruling Date: 2/24/2021
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 2021-OP-4 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:

Groom Jessica Winkel is suspended pending her appearance before the Stewards to answer the charge of disorderly conduct on association grounds, per ARC Rule #2070. During her suspension Ms. Winkel is denied the privileges of all facilities under the jurisdiction of the Arkansas Racing Commission.

Name: Mark Kesmodel Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE45 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Mark Kesmodel is hereby fined the sum of one-hundred ($100.00) dollars.

Mr. Kesmodel did fail to obey the instructions of the Paddock Judge and the Horse Identifier at Freehold Raceway on November 20, 2020.

Violation of N.J.A.C. 13:71-1.19 Violation of N.J.A.C. 13:71-7.29(a) 1.

Name: SHANE P TRITTON Ruling Date: 2/24/2021
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 21MDH24 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. Tritton is hereby fined the sum of one hundred ($100.00) dollars.

Mr. Tritton was the trainer of #9 GODS SPIRIT N in the 8th race on Saturday, February 20, 2021, you did fail to notify the paddock judge of an eqipment change.

Violation Rule N.J.A.C 13:71-7.29(a)1

Name: DAVID R LAKE Ruling Date: 2/23/2021
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2021-NDP-29 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #9 Jonah in race 7 on 2/16/21 he whipped the horse in an exaggerated manner by raising his whipping arm above shoulder height and using more than elbow and wrist action. O.S.R.C.-3769-17-17(B)&(C) 17-99  If the fine is not paid to the judges by 2/28/21 you shall be suspended and your license may be revoked by the commission.
Name: TYE ROBERT LOY Ruling Date: 2/23/2021
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2021-NDP-28 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Urine sample #899293 collected at Northfield Park on 1/24/21 from the horse Twentyfour K Magic was found to contain Methocarbamol at a concentration of 1.30+-0.04 micrograms per milliliter of urine. This exceeds the Regulatory Threshold of 1.0 microgram per milliliter adopted by the OSRC. All purse money must be returned for redistribution ($4,000.00). O.S.R.C.-3769-18-01(A)(2)  18-01(B)(1),(10),(13),(15)(16)&(17) 18-02  18-99
Name: NICK ANTHONY CLEGG Ruling Date: 2/23/2021
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2021-NDP-30 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #4 Trump That in race 10 on 2/21/21 he came down after the quarter and interfered with #2 Just Bookem. O.S.R.C.-3769-17-11  17-99  If the fine is not paid to the judges by 3/5/21 you shall be suspended and your license may be revoked by the commission.
Name: REMIGIO D CARRERA Ruling Date: 2/22/2021
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #21-0019 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/22/2021 Suspension End:
Ruling Text: Stable Employee: Remigio Carrera (D.O.B. 6/20/1983)

Remegio Carrera is hereby suspended pending his appearance before the Board of Stewards for his disorderly conduct (destruction of property) and his formal ejection from association grounds at Turfway Park on February 14, 2021. During his suspension Remigio Carrera is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission.

810 KAR 3:020 Section 15 (1) (x) 1. 8. (h)

BY ORDER OF THE STEWARDS

Name: OSCAR VILLAREAL Ruling Date: 2/22/2021
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #21-0020 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End: 2/22/2021
Ruling Text: Exercise Rider: Oscar Villareal (D.O.B. 3/29/1995)

Oscar Villareal, having appeared telephonically before the Board of Stewards and having provided documentation of the disposition of his criminal charges, is hereby restored to good standing and has obtained a current license.

810 KAR 3:020 Section 15, subsection (1)(c)

By Order of the Stewards

Name: MIKE SMITH Ruling Date: 2/21/2021
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2021-SA-045 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/26/2021 Suspension End: 2/27/2021
Ruling Text: Pursuant to California Horse Racing Board rule #1484 (Evidence of Unfitness for License) the following ruling is issued in reciprocity after receiving notice of suspension from the Chairman of Stewards, Jockey Club of Saudi Arabia dated February 20, 2021, issuing jockey Mike Smith two suspension days. Mike Smith is suspended for TWO (2) days (February 26 and 27, 2020).
Name: PETER LOUIS MILLER Ruling Date: 2/21/2021
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2021-SA-044 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 400 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer PETER MILLER, who was scheduled to start LAKERBALL in the third race on February 21, 2021, at Santa Anita Park, is fined FOUR HUNDRED DOLLARS ($400.00)* for violation of California Horse Racing Board rule #1629 (Penalty for Late Declaration – didn’t want to run).
Name: DAKOTA RAY WOOD Ruling Date: 2/20/2021
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2021-Comm-3 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/20/2021 Suspension End: 3/22/2021
Ruling Text:

Jockey, Dakota Wood having appeared before the Stewards at Fonner Park on Friday, February 19, 2021 and waiving his right to a formal stewards hearing, hereby suspended for thirty (30) days starting Saturday, February 20, 2021 through Monday, March 22, 2021 for violation of Nebraska State Racing Commission Rule 3.007.03A (failed a urine test which showed presence of THC (marijuana)), first offense.

Mr. Wood must be professionally evaluated by a certified controlled substance counselor and produce a negitive urine sample before having his Nebraska Racing License re-instated.

Name: JAMES ROBERT GLASER Ruling Date: 2/19/2021
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2021-SA-043 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/26/2021 Suspension End:
Ruling Text: Owner JAMES GLASER, having failed to appear before the Board of Stewards at Santa Anita Park on February 18, 2021 to answer a complaint alleging violation of California Horse Racing Board Rule #1876 (Financial Responsibility - $11,477.24- Barton Thoroughbreds) is suspended pursuant to California Horse Racing Board rule #1547 (Failure to Appear). Suspension to commence on February 26, 2021.

During the term of suspension, all licenses and license privileges of JAMES GLASER are suspended and pursuant to California Horse Racing Board rule #1528 (Jurisdiction of Stewards to Suspend or Fine). Subject is denied access to all premises in this jurisdiction.

Name: DRAYDEN JAMES VAN DYKE Ruling Date: 2/18/2021
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2021-SA-41 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/26/2021 Suspension End: 2/28/2021
Ruling Text: Jockey DRAYDEN VAN DYKE, who rode CRASH CORRIGAN in the second race at Santa Anita Park on February 15, 2021, is suspended for THREE (3) racing days, (February 26, 27 and 28, 2021) for violation of California Horse Racing Board rule #1688(b)(8) (Use of Riding Crop – more than six times – fourth offense in the last 60 days). Pursuant to California Horse Racing Board rule #1766 (Designated Races) the term of suspension shall not prohibit participation in designated races.
Name: FREDY PELTROCHE Ruling Date: 2/18/2021
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2021-CT-10 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey, Fredy Peltroche Permit: #36119, DOB: 02/07/1977 is hereby fined $500.00 (FIVE HUNDRED DOLLARS) for violation of Rule of Racing, Number 178-1-45.7.c.1, which reads: “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.” Jockey, Peltroche let his mount “Flicker’s Princess” come in nearing the sixteenth pole causing interference to “Cherish Your Dream” in the Second Race, Saturday February 13, 2021. “Flicker’s Princess” was disqualified from Fourth (4th) and placed Sixth (6th) 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: EOIN GERALD HARTY Ruling Date: 2/18/2021
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2021-SA-42 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 400 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer EOIN HARTY is fined FOUR hundred dollars ($400.00)* for violation of California Horse Racing Board rule #1845 (Authorized Bleeder Medication – late registration) of LET’S GO NOW in the fifth race on February 19, 2021, at Santa Anita Park.
Name: PAUL ROBERT STAFFORD Ruling Date: 2/17/2021
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 20FRE60 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Combo2 ruling_id applicant_id AlphaRuling Text83 IssuedFor IssuedForText IssueDate Combo12 Combo77 Text16 LastAppealDate Text36 Text38 Text40 Text42 Text54 Check66 Text60 Text56 Text58 Text64 TrackName EffectiveDate AppealDate Appealed

STAFFORD, PAUL 09/14/1980

7626 41036 20FRE60
FRE Freehold Raceway
2/17/2021 Medication/Drug Violation - Animal Standardbred
10/3/2020 2/17/2021 FRE catching hanover
4 10/3/2020 $500.00 0 2/11/2021 Freehold Raceway
12/28/2020 0

Name: GILBERT G CAUDILLO Ruling Date: 2/17/2021
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 20-21TP015 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 2/12/2021 Suspension End: 8/14/2021
Ruling Text: Having been properly noticed for a formal hearing and having appeared on February 12, 2021, Owner/Trainer Gilbert Caudillo (ADG #10026) is hereby fined two thousand five hundred dollars ($2,500.00) plus 5% Race Horse Adoption Fund surcharge for a total of two thousand six hundred twenty five dollars ($2,625.00) and suspended one hundred eighty (180) calendar days (February 12, 2021, through August 14, 2021, inclusive) after receipt of a report from Industrial Laboratories indicating that blood/urine sample #E373374, taken from the horse "DRACARYS", THIRD place finisher in the first (1ST) race on January 15, 2021, at Turf Paradise was confirmed positive for the presence of the Class III foreign substance CLENBUTEROL.

This drug calls for a Category A penalty as put forth in the Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule (January, 2019 (V.14.0)). A.A.C. R19-120(C)(1) states that if the stewards determine that a licensee has violated this Section, the stewards shall consult the Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule, both of which are established by the Association of Racing Commissioners International (ARCI). The penalty guidelines for a Category A penalty call for a minimum penalty of ONE (1) year suspension and a ten thousand dollar ($10,000.00) fine absent mitigating circumstances and a maximum penalty of license revocation with no reapplication for a three (3) years and a twenty five thousand dollar ($25,000.00) or 50% of total purse (greater of the two) with the presence of aggravating factors.

After testimony was taken from the licensee the board of stewards determined there were no mitigating or aggravating factors in this case, thus to conform to the Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule (January, 2019 (V.14.0)) this is being referred to the Director of the Arizona Department of Gaming/Racing Division with the recommendation the fine be increased to $10,000.00 and the suspension be increased to one (1) year.

The horse, "DRACARYS" shall be placed on the Veterinarian's List for 180 days (retroactive to January 28, 2021, through and inclusive of July 27, 2021, and must pass a commission approved examination before becoming eligible to be entered.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by February 22, 2021, all licenses held by the respondent are automatically suspended for one hundred and eighty (180) days beginning February 23, 2021, through and inclusive of August 21, 2021, 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.

During the term of his suspension Gilbert Caudillo is denied access to all grounds under the jurisdiction of the Arizona Department of Gaming/Racing Division.

The horse "DRACARYS", THIRD place finisher of the first (1st) race on January 15, 2021, is hereby disqualified and declared unplaced. The revised order of finish is as follows: 1. #8 APOLLITICAL PAPA 2. #5 AJS ON TIME 3. #9 BE QUIET 4. #6 MAY BE FANTASTIC SA 5. #1 JESS TO REEL 6. #2 RARIN 7. #4 THE WINNERS STRAW 8. #3 MISS FIRST N WILD 9. #7 SEPARATE DELIGHT UNPLACED #10 DRACARYS

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

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102(19)(39); A.A.C. R19-2-106(C); A.A.C. R19-2-111(A)(B)(C); A.A.C. R19-2-120(C)(1)(2)(3)(6)(D)(1)(2)(a)(O)(1)(c)(e)(2); A.A.C. R19-2-121(E)(1)(2)(3)(6)

Name: GILBERT G CAUDILLO Ruling Date: 2/23/2021
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 20-21TP015-FTC Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 2/12/2021 Suspension End: 8/14/2021
Ruling Text: RE: 20-21TP015 - Failure to Comply - Failed to pay fine.
Name: GILBERT G CAUDILLO Ruling Date: 2/23/2021
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 20-21TP015-CC Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 2/12/2021 Suspension End: 8/14/2021
Ruling Text: RE: 20-21TP015 - Case Continued - Stewards referred to Racing Director for increased penalty of fine and suspension. Director is scheduling a hearing.
Name: JUAN C GONZALEZ Ruling Date: 2/16/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2021-ZIA-36 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Juan C. Gonzalez; having been duly notified and waived his right to a hearing before the Board Of Stewards on February 16, 2021, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drug, Methocarbamol (class 4C-Major penalty) found in test sample E412418 taken from the 1st place finisherFireball Flash” following the 3rd race, on December 15 2020, at Zia Park..

The original lab report indicated a finding of Methocarbamol at 6.25ng/ml in the blood, the allowable limit for Methocarbamol is 1ng/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 and confirmed at 8.7 ng/ml in the blood.

Ramon G. Alvarez and Dan S. Delaney are the owners of record for horse “Fireball Flash

For Juan C. Gonzalez’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 be paid on or before March 18, 2021, 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. In addition, because Juan C. Gonzalez has accumulated 4 points prior to this ruling and 1/2 point in connection with this ruling for a current total of 4 ˝ points, under the multiple medication violation point system.

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, or money order. Last day for appeal: February 27, 2021.

Name: RAMON GARDE ALVAREZ Ruling Date: 2/16/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2021-ZIA-40 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Ramon (Dosi) Alvarez was duly notified, and represented by his Trainer Juan Gonzalez, waived his right to a hearing before the Board of Stewards on February 16, 2021. The hearing was in regard to a confirmed positive blood sample for the drug Methocarbamol (class 4C), found in test sample E412418. The test sample was taken from the first place finisher “Fireball Flash” following the 3d race on December 15, 2020 at Zia Park Racetrack. The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 6.25 ng/mL in the blood, which exceeds the limit 1 ng/mL per 15.2.6.9 NMAC Attachment 2.

Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Trainer Juan Gonzalez and was confirmed by TVMDL

Juan Gonzalez was the trainer of record for the horse “Fireball Flash” at the time of the violation.

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

  1. The horse “Fireball Flash” is hereby disqualified from first place and ordered unplaced from the 3d race on December 15, 2020 at Zia Park racetrack for all but pari-mutuel wagering.

The purse redistribution is as follows:

                    1. Lewandowsky 6. Man of Faith
                    2. Splish Splash Flash 7. Six Pack Fame
                    3. Flash the Corona 8. Reyna Azul
                    4. Dolly Cartel 9. Cm Rowdy James
                    5. Dreamin Woodrow
Unplaced: Fireball Flash 2. The horse “Fireball Flash” 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)(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

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. Last Day for Appeal: February 27, 2021.

Name: James Cory Orm Ruling Date: 2/13/2021
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #21-0017 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey: James Cory Orm (D.O.B. 2/27/1989)

After waiving his right to a hearing before the Board of Stewards, James Cory Orm, who rode TOOTSIE in the fourth race at Turfway Park on February 4, 2021 is hereby fined TWO HUNDRED FIFTY DOLLARS ($250.00) for inadvertently striking a rival with the crop, resulting in the disqualification of his mount.

810 KAR 4:040 Section 12 810 KAR 4:040 Section 13

By Order of the Stewards

Name: ANGEL E. SERPA Ruling Date: 2/13/2021
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #21-0018 Ruling Type: Appeal/Stay Denied, Withdrawn, or Waived
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/19/2021 Suspension End: 2/27/2021
Ruling Text: Jockey: Angel E. Serpa (D.O.B. 9/14/1987)

Having withdrawn the appeal of Stewards Ruling #20-0083 issued December 5, 2020, Angel E. Serpa is now hereby suspended FIVE (5) racing days, February 19, February 20, February 25, February 26 and February 27, 2021

810 KAR 9:010 Section 2 By Order of the Stewards

Name: Jason Simpson Ruling Date: 2/12/2021
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2021-CT-9 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey, Jason Simpson Permit #38490 DOB; 07/16/1985, is hereby fined Fifty ($50.00) Dollars for violation of West Virginia Rule of Racing Number 178-1-28.3.b, which reads: “A jockey shall faithfully fulfill all engagements in respect to racing.” Mr. Simpson failed to fulfill his riding engagement on Thursday February 11, 2021. All fines imposed by the stewards shall be paid to the Racing Commission within seven days (7) calendar days after the ruling is issued, unless otherwise ordered by the stewards. 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: ALEXANDRA NICOLE HILLEGASS Ruling Date: 2/11/2021
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 21031PN Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to present a valid coggins test. FAILURE TO HAVE A CURRENT COGGINS TEST AVAILABLE ON THE HORSE #4 AIR QUALITY , NECESSITATING A LATE SCRATCH OF THE HORSE FROM THE 11TH RACE, FEBRUARY 10 , 2021 , IN VIOLATION OF 7 PA. CODE SECTION 305.242 (b) AND 305.243 (25). SECTION 305.242. Declarations and scratches. (b) Scratch. A scratch is the act of withdrawing an entered horse from a contest after the closing of entries. The scratch of a horse after closing shall be made by the owner, trainer or their licensed designee, with permission from the Stewards. No horse may be scratched from an overnight race without the express approval of the Stewards. SECTION 305.243. Ineligible horses. (a) A horse is ineligible to start in a race within this Commonwealth if: (25) There is no current negative test certificate for Equine Infectious Anemia (Coggins or EIA) attached to its breed registration certificate or proof of a negative test certificate is not otherwise available if the Stewards have waived the requirement of a registration certificate YOU ARE HEREBY FINED THE SUM OF TWO HUNDRED FIFTY DOLLARS ($250.00). FINE DUE FEBRUARY 21 , 2021. IF FINE IS NOT PAID, SUSPENSION BEGINS MARCH 3 , 2021. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 7 PA. CODE, SECTION 179.3. APPEALS MUST BE PERFECTED AS REQUIRED IN 7 PA. CODE, SECTION 179.3.
Name: ANDREW JOHN MCCARTHY Ruling Date: 2/10/2021
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 21MDH14 Ruling Type: Conduct Detrimental to Racing
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. A. McCarthy is hereby fined the sum of one hundred ($100.00) dollars.

Mr. McCarthy did engage in conversation during the post parade prior to the 3rd race on Friday, January 22, 2021.

Violation of NJAC Rule 13:71-6.22

Name: INOEL BEATO Ruling Date: 2/8/2021
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 21030PN Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Careless Riding. MISUSE OF THE CROP (FAILING TO USE THE RIDING CROP IN AN APPROPRIATE AND PROPORTIONATE MANNER) WHILE ABOARD THE HORSE TIZ PROMISING RVF DURING THE RUNNING OF THE 2ND RACE, FEBRUARY 5 , 2021 IN VIOLATION OF 7 PA. CODE SECTION 305.291 (d), 305.293, 185.2, 305.32, 305.33, 179.22 AND 179.23. SECTION 305.291. Use of a riding crop. (d) The riding crop shall be used during a race for safety, correction and encouragement of the horse in an appropriate, proportionate, and professional manner, taking into account the rules of racing herein. The stimulus provided by the use of the riding crop shall be monitored by the Stewards at all times so as not to compromise the health, safety and welfare of the horse. SECTION 305.293. Prohibition. (a) Prohibited use of the riding crop includes but is not limited to striking a horse: (1) 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; (2) During the post parade or after the finish of the race except when necessary to control the horse; (3) Excessively or brutally causing welts or breaks in the skin; (4) When the horse is clearly out of the race or has obtained its maximum placing; (5) Persistently even though the horse is showing no response under the riding crop; or (6) Striking another rider or horse. (b) After the race, horses will be subject to inspection by a racing or official Veterinarian looking for cuts, welts or bruises in the skin. Any adverse findings shall be reported to the Stewards. (c) The giving of instructions by any licensee that if obeyed would lead to a violation of this rule may result in disciplinary action also being taken against the licensee who gave these instructions. SECTION 185.2. Conduct of licensee. A licensee shall not, alone or in concert with another person, engage in inappropriate, illegal or unethical conduct which violates the Commission's rules and regulations of racing, is inconsistent with the best interests and integrity of racing or otherwise undermines the general public's faith, public perception and confidence in the racing industry. YOU ARE HEREBY FINED THE SUM OF FIVE HUNDRED DOLLARS ($500.00). FINE DUE FEBRUARY 20, 2021. IF FINE IS NOT PAID, SUSPENSION BEGINS MARCH 2, 2021. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 7 PA. CODE, SECTION 179.3. APPEALS MUST BE PERFECTED AS REQUIRED IN 7 PA. CODE, SECTION 179.3.
Name: INOEL BEATO Ruling Date: 2/11/2021
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 21032PN Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Careless Riding. JOCKEY INOEL BEATO IS HEREBY FINED $500.00 FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE; ALLOWING HIS MOUNT #1 FU MAN SUE TO CAUSE AN INTERFERENCE TO #3 EAGLE PASS HAVING CAME OVER INTO #3 EAGLE PASS NEAR 1/4 POLE RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM 3RD POSITION TO 6TH IN THE 6TH RACE, FEBRUARY 5 , 2021, IN VIOLATION OF 7 PA. CODE SECTION 305.286, 305.287 AND 305.33. FINE DUE FEBRUARY 22, 2021. IF FINE IS NOT PAID, SUSPENSION BEGINS MARCH 4, 2021. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 7 PA. CODE, SECTION 179.3. APPEALS MUST BE PERFECTED AS REQUIRED IN 7 PA. CODE, SECTION 179.3.
Name: LOUIS A BATISTA Ruling Date: 2/4/2021
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2021-CT-8 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey, Luis A. Batista Permit #38887 DOB; 05/07/1990, is hereby fined Fifty ($50.00) Dollars for violation of West Virginia Rule of Racing Number 178-1-28.3.b, which reads: “A jockey shall faithfully fulfill all engagements in respect to racing.” Mr. Batista failed to fulfill his riding engagement on Wednesday, February 3, 2021. All fines imposed by the stewards shall be paid to the Racing Commission within seven days (7) calendar days after the ruling is issued, unless otherwise ordered by the stewards. 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: MARCUS ANTHONY SCOTT Ruling Date: 1/30/2021
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2021-CT-7 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 400 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner, Marcus Scott, Permit #40998, DOB 12/1/1988, is hereby fined Four ($400.00) Hundred Dollars for not having the horse, “Hobe Sound”, in the paddock at the appointed time for the running of the Fourth (4th) Race on Thursday January 28, 2021. Per Rule of Racing #178-1-26.3.g, which states “Each Trainer is responsible for presenting his or her horse and being present in the paddock at a time appointed before post time of the race in which the horse is entered.” Mr. Scott sold Hobe Sound after being entered and instructed his trainer to scratch, in violation of rule 25.5.b. which states “No horse entered in a race may be sold or transferred until after the race in which the horse is entered has been run unless otherwise permitted by the stewards.” Mr. Scott is a repeat violator of this rule. All fines imposed by the stewards shall be paid to the Racing Commission within (7) Calendar days after the ruling is issued, unless otherwise ordered by the stewards. 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 the ruling and must include a security fee in the amount of Five ($500.00) Hundred.
Name: FRANKIE HAROLD MARTINEZ Ruling Date: 1/28/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2021-ZIA-23 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Frankie Martinez was duly notified and appeared before the Board of Stewards on January 28,2021. The hearing was in regard to an allegation that Frankie Martinez entered and ran the 9th place finisher, “Taormina”, in the 5th race on August 21, 2020 at the Downs at Albuquerque Race Track, while under Summary Suspension in the State of Colorado.

The Settlement, Stipulation, and Agreement entered into on September 25, 2020 between Frankie Martinez and the State of Colorado, paragraph 4-b states “A suspension of 77 days, beginning from the date the Summary Suspension was served upon Licensee (July 9, 2020) ending September 25, 2020.”

15.2.5.12 (A)(5) NMAC: Horses Ineligible: A horse is ineligible “if it is wholly or partially owned by a disqualified person or a horse is under the direct or indirect training or management of a disqualified person; 15.2.1.9 (B)(8-C) NMAC: The stewards shall honor the rulings issued by other pari-mutuel racing commissions.

The horse “Taormina” was owned by Caesar Nunez and was represented by trainer.

For Frankie Martinez’s violation issued in accordance with 15.2.5.12 (A)(5), the Board of Stewards hereby assess a penalty as follows. 1. A (200.00) Two Hundred dollar fine to be paid on or before March 1, 2021, in accordance with 15.2.3.8 (B)(3)(k). Failure to pay the fine in the prescribed time shall result in an immediate suspension.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(8-C) and 15.2.5.12 (A)(5) above.15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.5.13(E)(4)(d) Running of the Race/ 15.2.6.11 Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 15.2.5.13 E (4) (d) Disqualification and purse distribution.

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. Last day for appeal: February 8, 2021

Name: FRANKIE HAROLD MARTINEZ Ruling Date: 1/28/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2021-ZIA-22 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Frankie Martinez was duly notified and appeared before the Board of Stewards on January 28,2021. The hearing was in regard to an allegation that Frankie Martinez entered and ran the 2nd place finisher, “Twelve Percent”, in the 4th race on August 16, 2020 at the Downs at Albuquerque Race Track, while under Summary Suspension in the State of Colorado.

The Settlement, Stipulation, and Agreement entered into on September 25, 2020 between Frankie Martinez and the State of Colorado, paragraph 4-b states “A suspension of 77 days, beginning from the date the Summary Suspension was served upon Licensee (July 9, 2020) ending September 25, 2020.”

15.2.5.12 (A)(5) NMAC: Horses Ineligible: A horse is ineligible “if it is wholly or partially owned by a disqualified person or a horse is under the direct or indirect training or management of a disqualified person; 15.2.1.9 (B)(8-C) NMAC: The stewards shall honor the rulings issued by other pari-mutuel racing commissions.

The horse “Twelve Percent” was owned by Gabriel B. Burke and represented by trainer.

For Frankie Martinez’s violation issued in accordance with 15.2.5.12 (A)(5), the Board of Stewards hereby assess a penalty as follows. 1. A (200.00) Two Hundred dollar fine to be paid on or before March 1, 2021, in accordance with 15.2.3.8 (B)(3)(k). Failure to pay the fine in the prescribed time shall result in an immediate suspension.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(8-C) and 15.2.5.12 (A)(5) above.15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.5.13(E)(4)(d) Running of the Race/ 15.2.6.11 Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 15.2.5.13 E (4) (d) Disqualification and purse distribution.

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. Last day for appeal: February 8, 2021

Name: FRANKIE HAROLD MARTINEZ Ruling Date: 1/28/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2021-ZIA-21 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Frankie Martinez was duly notified and appeared before the Board of Stewards on January 28,2021. The hearing was in regard to an allegation that Frankie Martinez entered and ran the 1st place finisher, “Taormina”, in the 2nd race on August 9, 2020 at the Downs at Albuquerque Race Track, while under Summary Suspension in the State of Colorado.

The Settlement, Stipulation, and Agreement entered into on September 25, 2020 between Frankie Martinez and the State of Colorado, paragraph 4-b states “A suspension of 77 days, beginning from the date the Summary Suspension was served upon Licensee (July 9, 2020) ending September 25, 2020.”

15.2.5.12 (A)(5) NMAC: Horses Ineligible: A horse is ineligible “if it is wholly or partially owned by a disqualified person or a horse is under the direct or indirect training or management of a disqualified person; 15.2.1.9 (B)(8-C) NMAC: The stewards shall honor the rulings issued by other pari-mutuel racing commissions.

The horse “Taormina” was owned by Caesar Nunez and represented by trainer.

For Frankie Martinez’s violation issued in accordance with 15.2.5.12 (A)(5), the Board of Stewards hereby assess a penalty as follows. 1. A (200.00) Two Hundred dollar fine to be paid on or before March 1, 2021, in accordance with 15.2.3.8 (B)(3)(k). Failure to pay the fine in the prescribed time shall result in an immediate suspension.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(8-C) and 15.2.5.12 (A)(5) above.15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.5.13(E)(4)(d) Running of the Race/ 15.2.6.11 Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 15.2.5.13 E (4) (d) Disqualification and purse distribution.

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. Last day for appeal: February 8, 2021

Name: LINDSEY GONZALEZ Ruling Date: 1/26/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2021-ZIA-19 Ruling Type: Failure to Meet Financial Obligation
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/26/2021 Suspension End:
Ruling Text: Owner: Lindsay Gonzalaz having been duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on January 26, 2021, concerning a court judgment for an outstanding financial obligation to IV/Pick’s Veterinary Services as stated in the 12th Judicial District Court, in the amount of $1,712.45 in damages plus Attorney’s fees and costs. The Board of Stewards order that any/all New Mexico Racing Commission licenses issued to:

Lindsay Gonzalaz be suspended immediately January 26, 2021.

Lindsay Gonzalaz is deemed ineligible for any future licensing in New Mexico until such time that judgment is satisfied.

Licensee is found in Violation of: 16.47.1.8 I (1) and (2)NMAC: Grounds For Refusal, Denial, Suspension, or Revocation of License 16.47.1.8 (I): Financial Responsibility

This ruling in written in accordance with: 16.47.1.8 (J)– 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)(d) Non appearance of a summoned party 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order. Last date for appeal February 5, 2021

Name: MICHAEL ROSSI Ruling Date: 1/26/2021
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-12-21 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: DHRC Licensee Michael Rossi has been fined $500 for failing his breathalyzer test on 1/20/2021 at Dover Downs (See DHRC rule 5.1.8.5.2). Also, Mr. Rossi will be required to take a breathalyzer test each time he enters the paddock until further notice. Fines are to be paid within 10 days of receipt of ruling.
Name: Angel Arriaga Sanchez Ruling Date: 1/16/2021
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP31859 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Test Sample number LS060021 from the Angel Sanchez trained horse Famously Dashing Bye, the second place finisher in the third race at Lone Star Park on 11/15/20, tested for Phenylbutazone at a level of 5.0 +/- 0.6 mg/ml. Upon being duly notified, Owner/Trainer Angel Sanchez failed to appear on 01/09/21 and was fined two hundred fifty dollars in absentia by the Sam Houston Race Park Board of Stewards for his violation of the Txrc Medication Rules. First violation in a 365 day period. FAILURE TO PAY THE ASSESSED FINE BY THE DUE DATE INDICATED ABOVE MAY RESULT IN THE SUSPENSION OF THE SUBJECT’S OCCUPATIONAL LICENSE(S).

Name: PAUL BLUMENFELD Ruling Date: 1/13/2021
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 20MDH97 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Blumenfeld is hereby fined the sum of one hundred ($100.00) dollars.

Failure to name a proper driver by the prescribed time for #4 KAITLYN N in the 8th race on Saturday, December 26, 2020 resulting in a late driver change.

Violation of NJAC Rule 13:71-16.9

Name: KELLY MARLENE PEREZ Ruling Date: 1/9/2021
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP31858 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Test sample number LS060011 from the Kelly Perez trained horse VF Eyebaman, the second place finisher in the tenth race at Lone Star Park on 11/14/20, tested for Phenylbutazone at a level of 4.4 +/- 0.6 mcg/ml.

Upon being duly notified, Kelly Perez waived hearing and was fined two hundred fifty dollars by the Sam Houston Park Board of Stewards for her violation of Texas Racing Commission medication rules. First violation in a 365 day period.

FAILURE TO PAY THE ASSESSED FINE BY THE DUE DATE INDICATED ABOVE MAY RESULT IN THE SUSPENSION OF THE SUBJECT’S OCCUPATIONAL LICENSE(S).

Name: JAMES B PADGETT Ruling Date: 1/9/2021
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP31855 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer James B. Padgett II was found to be in possession of a squeeze bottle of medication (leg paint) without a proper prescription label during a TxRC compliance inspection of his tack room at Lone Star Park on 11/08/20.

Upon being duly notified, James Padgett waived hearing and was fined one hundred dollars for his violation of the TxRC Medication labelling requirements. First violation in a 365 day period.

FAILURE TO PAY THE ASSESSED FINE BY THE DUE DATE INDICATED ABOVE MAY RESULT IN THE SUSPENSION OF THE SUBJECT’S OCCUPATIONAL LICENSE(S).

Name: MODESTO PINA Ruling Date: 1/8/2021
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP31853 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Assistant Starter Modesto Pina Jr. was found to be in possession of a bottle of rum during a TxRC compliance inspection in the restricted area of the Lone Star Park Stable Area on 11/27/20.

Upon being duly notified, Modesto Pina Jr. failed to appear before the Lone Star Park Board of Stewards on 12/04/20. Mr. Pina Jr. is hereby fined one hundred dollars in absentia for his violation of the TxRC rule prohibiting alcoholic beverages in the LSP Stable Area.

First violation in a 365 day period.

FAILURE TO PAY THE ASSESSED FINE BY THE DUE DATE INDICATED ABOVE MAY RESULT IN THE SUSPENSION OF THE SUBJECT’S OCCUPATIONAL LICENSE(S).

Name: FERNANDO VELAZQUEZ Ruling Date: 1/8/2021
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP31857 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: 4/11/2021 Suspension End: 4/17/2021
Ruling Text: Owner/Trainer Fernando Velazquez was found to be in possession of a needle and syringe during a compliance inspection of his vehicle at the Lone Star Park Stable Gate on 11/07/20. The syringe and needle were sent to Texas Veterinary Diagnostic Lab where they were reported on 11/16/20 to contain Phenylbutazone and Class 3B Formoterol.

Upon being duly notified, Fernando Velazquez waived hearing and was fined two hundred fifty dollars and his TxRC occupational license was suspended for seven days (04/11/21 thru 04/17/21) by the Sam Houston Race Park Board of Stewards for his violation of Texas Racing Commission medication rules.

First violation in a 365 day period.

FAILURE TO PAY THE ASSESSED FINE BY THE DUE DATE INDICATED ABOVE MAY RESULT IN THE SUSPENSION OF THE SUBJECT’S OCCUPATIONAL LICENSE(S). =========================================================================================== During the term of this ruling, the licensee is excluded from all areas under the jurisdiction of the Texas Racing Commission. Horses owned or trained by the licensee are denied entry pending sale or transfer to a party approved by the Board of Stewards.

Name: ANTHONY ROBERT BLEA Ruling Date: 1/5/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2021-ZIA-2 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Anthony Blea III, was duly notified and waived his right to ten day notice and his disciplinary hearing before the Board of Stewards on January 5, 2021, regarding a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC). The certificate of analysis was for a confirmed positive for the therapeutic drug, Omeprazole Sulfide (class 5 penalty category D drug) found in test sample E412413 taken from the 1st place finisher “Lil Latigo” following the 9th race, on December 14, 2020 at Zia Park Racetrack.

The certificate of analysis indicated a finding of Omeprazole Sulfide at 45.6 ng/ml ±1.7 ng/ml at 10 ng/ml in the blood, which exceeds the allowable limit of 10.0 ug/ml in the blood.

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

Tucumcari Thoroughbreds (Gary Balzano) , is the owner of record for the horse “Lil Latigo”.

For Anthony Blea IIIs' 2nd Class 5-D) medication violation in a 365-day period, the Board of Stewards hereby issues the following:

        1. A ($250.00 Two Hundred Fifty dollar fine to paid on or before February 5, 2021, in accordance with 15.2.3.8 (B)(3)(k). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
        2. There is no change to the official order of finish in the 9th race on December 14, 2020 at Zia Park Racetrack.
Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations.

Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of a money order, cashier's check. LAST DAY TO APPEAL, January 16, 2021

Name: LUIS VILLAFRANCO Ruling Date: 12/18/2020
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 20-WRD-084 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: AFTER FINISHING 2ND IN THE 9TH RACE AT WRD ON SUNDAY, NOVEMBER 1, 2020, THE QUARTER HORSE "FIRST PRIZE SUSIE" TESTED POSITIVE FOR THE SUBSTANCE DEXAMETHASONE.

OWNER/TRAINER LUIS VILLAFRANCO CHOSE TO WAIVE THE OPPORTUNITY TO SEND A SPLIT, PLEAD "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING.

THEREFORE, IT IS THE ORDER OF THE BOS AT WRD THAT LUIS VILLAFRANCO IS HEREBY FINED $1,000.00.

IT IS FURTHER ORDERED THAT "FIRST PRIZE SUSIE" BE DISQUALIFIED FROM 2ND PLACE IN THE 9TH RACE AT WRD ON SUNDAY, NOVEMBER 1, 2020 AND ALSO AT THE EXPENSE OF THE OWNER/TRAINER, MUST PASS A COMMISSIONER-APPROVED EXAMINATION BEFORE BECOMING ELIGIBLE TO RUN.

"FIRST PRIZE SUSIE" SHALL REMAIN UNPLACED.

Name: LUIS VILLAFRANCO Ruling Date: 2/25/2021
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 20-WRD-084-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 20-WRD-084A - Ruling Final Outcome…THE FINE HAS BEEN PAID IN THE AMOUNT OF $1000.00 CASH ON 2/5/2021.
Name: Jose Luis Carrizales Fierros Ruling Date: 12/8/2020
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP31854 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Jose Carrizales Fierros was found to be in possession of one packet of Dexamethazone powder without a proper prescription label during a TxRC compliance inspection of the Lone Star Park Stable Area on 11/15/20.

Upon being duly notified, Jose Carrizales Fierros failed to appear before the Lone Star Park Board of Stewards on 12/04/20. Mr. Carrizales Fierros is hereby fined one hundred dollars because he violated TxRC Medication labeling rules on 11/15.20.

First violation in a 365 day period.

FAILURE TO PAY THE ASSESSED FINE BY THE DUE DATE INDICATED ABOVE MAY RESULT IN THE SUSPENSION OF THE SUBJECT’S OCCUPATIONAL LICENSE(S).

Name: ANGEL E. SERPA Ruling Date: 12/5/2020
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #20-0083 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: Angel E. Serpa (D.O.B. 9/14/1987)

After a hearing before the Board of Stewards, Angel E. Serpa who rode HEADLINE KITTEN in the first race at Turfway Park on December 3, 2020, is hereby suspended three (3) racing days, December 17 through December 19, 2020 (inclusive) for careless riding in the stretch that resulted in the disqualification of his mount.

810 KAR 4:040 Section 12 810 KAR 4:040 Section 13

By Order of the Stewards

Name: ANGEL E. SERPA Ruling Date: 12/18/2020
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #20-0083-ASG Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: #20-0083 - Appeal Stay Granted Pending the Appeal Process
Name: ANGEL E. SERPA Ruling Date: 2/25/2021
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #20-0083-AWD Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: #20-0083 - Appeal Withdrawn
Name: ADRIAN E HUITRON Ruling Date: 12/2/2020
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP31850 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Test sample number LS059964 from the Adrian Huitron trained horse Jess Arrogant, the winner of the second race at Lone Star Park on 11/08/20, tested for Phenylbutazone at a level of 0.78 mcg/ml and Flunixin at a level of 5.8 ng/ml. The presence of both substances classifies this sample as a Class 3 Stacking Violation.

Upon being duly notified, Adrain Huitron failed to appear for a hearing before the Lone Star Park Board of Stewards on 11/28/20. Adrian Huitron was fined five hundred dollars in absentia for this violation of TxRC Medication Rules on 11/08/20 at Lone Star Park. First violation in this classification in a 365 day period.

FAILURE TO PAY THE ASSESSED FINE BY THE DUE DATE INDICATED ABOVE MAY RESULT IN THE SUSPENSION OF THE SUBJECT’S OCCUPATIONAL LICENSE(S).

Name: JOSUE PONCE Ruling Date: 12/2/2020
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: RETA31852 Ruling Type: General/Miscellaneous Rulings
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/7/2020 Suspension End: 5/6/2021
Ruling Text: Owner-Trainer was suspended in Oklahoma Ruling 20-RP-030 and is hereby suspended through reciprocity from 05/07/2020 through 05/06/2021 by the Retama Park Board of Stewards.

Reciprocity: The stewards shall honor the rulings issued by other pari-mutual racing commissions.

Name: JORGE LUIS MUNIZ Ruling Date: 12/2/2020
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: RETA31845 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 11/20/2020 Suspension End: 11/19/2021
Ruling Text: Test sample RP045639 from the Jorge Muniz trained horse My Famous Troubadour, the winner of the fifth race at Retama Park on 08/13/20, tested positive for the Class 2A prohibited substance Ractopamine. On 10/01/20 the split sample was reported as confirmed by the Analytical Testing Laboratory. Upon being duly notified, Owner/Trainer Jorge Muniz appeared in a hearing before the Lone Star Park Board of Stewards on 11/20/20. After consideration of the evidence and testimony in the matter, the LSP Board hereby levies a fine of $10,000 and suspends Jorge Muniz's TxRC occupational license for one year (11/20/20 thru 11/19/21) because of this violation of Texas Racing Commission Medication Rules. This case is referred to the TxRC Executive Director. My Famous Troubadour is placed on the Veterinarians List and is ineligible to race for a period of ninety days (10/01/20 thru 12/29/20). My Famous Troubadour is referred to the TxRC Veterinary Medical Director and must pass an approved examination before being eligible to enter. The horse My Famous Troubadour is hereby disqualified and declared unplaced in the fifth race at Retama Park on 08/13/20 with the purse to be redistributed as follows: RETA 08/13/2020 Race 5

1 MALALA STOLIS 2 RED ROCK ON 3 UNCONFIRMED REPORTS 4 ME JUST FAST 5 BET THE BOK 6 WL MYLIPSHURTREALBAD 7 FIRST LADY ELEANOR 8 HOLD ME FIRST

PV IM BIGTIME SOUTHERN Unplaced MY FAMOUS TROUBADOUR

FAILURE TO PAY THE ASSESSED FINE BY THE DUE DATE INDICATED ABOVE MAY RESULT IN THE SUSPENSION OF THE SUBJECT’S OCCUPATIONAL LICENSE(S). =========================================================================================== During the term of this ruling, the licensee is excluded from all areas under the jurisdiction of the Texas Racing Commission. Horses owned or trained by the licensee are denied entry pending sale or transfer to a party approved by the Board of Stewards. A licensee, who is the subject of a formal hearing, may appeal a Stewards’ Ruling. An appeal must be filed no later than 5:00 p.m. of the third calendar day after the licensee is informed of the ruling. See 16 TEX. ADMIN. CODE § 307.67.

Name: JESSE EDWARD RAMOS Ruling Date: 12/2/2020
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP31848 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Jesse Ramos was found to be in possession of sixteen cans of beer during a compliance inspection of his vehicle at the Lone Star Park Stable Gate on 11/22/20.

Upon being duly notified, Jesse Ramos failed to appear before the Lone Star Park Board of Stewards on 11/27/20. Mr. Ramos was fined one hundred dollars in absentia for this violation of the TxRC rules prohibiting alcoholic beverages in the restricted stable area. First violation in a 365 day period.

FAILURE TO PAY THE ASSESSED FINE BY THE DUE DATE INDICATED ABOVE MAY RESULT IN THE SUSPENSION OF THE SUBJECT’S OCCUPATIONAL LICENSE(S).

Name: JERENESTO TORRES Ruling Date: 12/2/2020
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP31838 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/1/2021 Suspension End: 12/31/2021
Ruling Text: Test sample LS059285 from the Jerenesto Torrez trained horse Mine Inspector, the second place finisher in the fourth race at Lone Star Park 07/27/20, tested positive for the Class 2A prohibited substance Ractopamine. On 10/15/20 the split sample was confirmed by the Analytical Forensic Testing Laboratory.

Upon being duly notified, Owner/Trainer Jerenesto Torrez appeared in a hearing before the Lone Star Park Board of Stewards on 11/20/20. After consideration of the evidence and testimony in the matter, the LSP Board hereby levies a fine of $10,000 and suspends Jerenesto Torrez's TxRC occupational license for one year (01/01/21 thru 12/31/21) because of this violation of Texas Racing Commission Medication Rules. This case is referred to the TxRC Executive Director. Mine Inspector is is placed on the Veterinarians List and is ineligible to race for a period of ninety days (10/15/20 thru 01/12/21). Mine Inspector is referred to the TxRC Veterinary Medical Director and must pass an approved examination before being eligible to enter. First violation in this classification in a 365 day period. The horse Mine Inspector is hereby disqualified and declared unplaced in the fourth race at Lone Star Park on 07/27/20 with the purse to be redistributed as follows: LSP 07/27/2020 Race 4

1 PURE SPECULATION 2 TICK TACK MO 3 THREE TIME CHARMER 4 ARCHARCH TALE 5 ON TILT 6 ISTAN WARRIOR 7 LILJOE 8 BRAVURA CREEK 9 RASSLIN JS THIRSTY WILDCAT Unplaced MINE INSPECTOR

FAILURE TO PAY THE ASSESSED FINE BY THE DUE DATE INDICATED ABOVE MAY RESULT IN THE SUSPENSION OF THE SUBJECT’S OCCUPATIONAL LICENSE(S).

===========================================================================================

During the term of this ruling, the licensee is excluded from all areas under the jurisdiction of the Texas Racing Commission. Horses owned or trained by the licensee are denied entry pending sale or transfer to a party approved by the Board of Stewards.

A licensee, who is the subject of a formal hearing, may appeal a Stewards’ Ruling. An appeal must be filed no later than 5:00 p.m. of the third calendar day after the licensee is informed of the ruling. See 16 TEX. ADMIN. CODE § 307.67.

Name: MITCHELL D CUSHING Ruling Date: 9/29/2020
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2020-FRE-56 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Mitchell Cushing is hereby fined the sum of $50.00 for failure to come up into position for the 12th race on September 12, 2020.

Violation of NJAC Rule 13:71-17.2 M-7. Horse: Odds on Datona

Name: AUSTIN T SIEGELMAN Ruling Date: 9/29/2020
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2020-FRE-31 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Austin Siegelman is hereby fined the sum of $50.00 for failure to come up into position for the 1st race on September 19, 2020.

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

Name: AUSTIN T SIEGELMAN Ruling Date: 9/29/2020
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2020-FRE-17 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

While in the paddock area at Freehold Raceway on January 4, 2020, driver Austin Siegelman did act in an unprofessional manner by using offensive and profane language towards another licensee. Mr. Siegelman is found to be in violation of N.J.A.C. 13:71-1.7, N.J.A.C. 13:71-7.29(a) 6, 9, 13. As a result, Mr. Siegelman is hereby fined the sum of two hundred-fifty ($250.00) dollars.

Name: TYLER S GAFFALIONE Ruling Date: 9/18/2020
Jurisdiction: Kentucky Racing Commission Facility: Kentucky Downs
Ruling Number: #20-0064 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: Tyler S. Gaffalione (D.O.B. 9/12/1994)

After a hearing before the Board of Stewards, Tyler S. Gaffalione, who rode ROCHAMBEAU in the second race at Kentucky Downs on September 12, 2020 is hereby suspended three (3) racing days, October 2 through October 4, 2020 (inclusive) for careless riding near the 1/16 pole that resulted in the disqualification of his mount.

810 KAR 4:040 Section 12 810 KAR 4:040 Section 13

By Order of the Stewards

Name: TYLER S GAFFALIONE Ruling Date: 9/26/2020
Jurisdiction: Kentucky Racing Commission Facility: Kentucky Downs
Ruling Number: #20-0064-ASG Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: #20-0064 - Appeal Stay Granted Pending the Appeal Process
Name: TYLER S GAFFALIONE Ruling Date: 2/26/2021
Jurisdiction: Kentucky Racing Commission Facility: Kentucky Downs
Ruling Number: #20-0064-AWD Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: #20-0064 - Appeal Withdrawn
Name: RAMON A CASADO Ruling Date: 8/9/2020
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #20-0054 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/9/2020 Suspension End:
Ruling Text: Stable Employee: Ramon Casado (D.O.B. 8/26/1989)

Ramon Casado is hereby suspended pending his appearance before the Board of Stewards for his disorderly conduct (alleged altercation) and his formal ejection from association grounds at Ellis Park on July 27, 2020. During his suspension Mr. Casado is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission.

810 KAR 3:020 Section 15 (1) (x) 3.(h)

BY ORDER OF THE STEWARDS

Name: MARCOS CARRIZALES Ruling Date: 7/6/2020
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 20-RP-023 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 11/24/2020 Suspension End: 11/22/2021
Ruling Text: A REPORT HAS BEEN RECEIVED STATING THAT URINE SAMPLE COLLECTED FROM "MR JESS JENKINS", THAT PLACED 1ST IN THE 4TH RACE AT RP ON SUNDAY, APRIL 5, 2020, TESTED POSITIVE FOR THE PROHIBITED SUBSTANCE "CLENBUTEROL.

ON APRIL 16, 2020, THE BOS AT RP DETERMINED THAT THE PUBLIC HEALTH, SAFETY, AND WELFARE IS AT RISK BECAUSE "CLENBUTEROL" IS A PROHIBITED SUBSTANCE, WHICH CAN AFFECT THE PERFORMANCE OF A HORSE.

THE BOS FINDS THAT MR. MARCOS CARRIZALES, IS SUMMARILY SUSPENDED EFFECTIVE APRIL 16, 2020, AND CONTINUING PENDING A HEARING AND FINAL DETERMINATION.

DURING THE TERM OF HIS SUSPENSION, MARCOS CARRIZALES IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACETRACKS, INCLUDING THE PUBLIC AREAS COMING UNDER THE JURISDICTION OF THE OHRC.

NOTICE OF RIGHT TO HEARING/SPLIT LICENSEE IS HEREBY GIVEN NOTICE THAT THIS MATTER HAS BEEN SET DOWN FOR HEARING ON THE 22ND DAY OF APRIL, 2020 AT 9:30 A.M.

Name: MARCOS CARRIZALES Ruling Date: 10/13/2020
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 20-RP-023-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 11/24/2020 Suspension End: 11/22/2021
Ruling Text: RE: 20-RP-023A - Ruling Final Outcome…ON OCTOBER 13, 2020, MARCOS CARRIZALES APPEARED IN COURT AND WAS REPRESENTED BY LEGAL COUNSEL. THE ORDER IS AS FOLLOWS. THEREFORE, IT IS THE ORDER OF THE BOS AT RP THAT TRAINER MARCOS CARRIZALES IS HEREBY FINED $10,000.00 AND SUSPENDED FOR 365 DAYS, LESS 1 DAY TIME SERVED, BEGINNING TUESDAY, NOVEMBER 24, 2020 CONTINUING THROUGH NOVEMBER 22, 2021 FOR THE QUARTER HORSE "MR JESS JENKINS" TESTING POSITIVE FOR CLENBUTEROL ON APRIL 5, 2020. DURING THE TERM OF HIS SUSPENSION, MR. CARRIZALES IS DENIED ACCESS TO THE ENCLOSURE OF ALL RACETRACKS, INLUDING THE PUBLIC AREAS COMING UDER THE JURISDICTION OF THE OHRC. IT IS FURTHER ORDERED THAT THE HORSE "MR JESS JENKINS" BE DISQUALIFIED FROM THE 1ST PLACE AND SHALL REMAIN UNPLACED IN THE 4TH RACE, A RP DERBY TRIAL AT RP ON SUNDAY, APRIL5 , 2020. IT IS ADDITIONALLY ORDERED THAT THE HORSE "MR JESS JENKINS" BE DISQUALIFIED FROM THE 2ND PLACE AND REMAIN UNPLACED IN THE 8TH RACE, THE RP OKLAHOMA BRED DERBY FINALS AT RP ON SATURDAY, APRIL 8, 2020.

FINE HAS NOT BEEN PAID.

Name: MARCOS CARRIZALES Ruling Date: 2/25/2021
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 20-RP-023-CC Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 11/24/2020 Suspension End: 11/22/2021
Ruling Text: RE: 21-OHRC-0006... Case Continued…ORDER DENYING REQUEST FOR STAY AND GRANTING APPELLANT'S REQUEST FOR A CONTINUANCE OF THE FEBRUARY 18, 2021 APPEAL HEARING. ON FEBRUARY 11, 2021, THE COMMISSION RECEIVED A WRITTEN REQUEST FROM APPELLANT'S ATTORNEY JAMES PASQUALI FOR A STAY OF THE SUSPENSION AND A CONTINUANCE OF THE MATTER SET FOR HEARING BEFORE THE COMMISSION ON FEBRUARY 18, 2021. THE REASON FOR THE STAY IS THAT THE TRO ISSUED BY OKLAHOMA COUNTY DISTRICT COURT EXPIRED ON FEBRUARY 3, 2021. THE REASON FOR THE CONTINUANCE IS THAT MR. PASQUALI HAS UNFORESEEN PERSONAL CIRCUMSTANCES AND OTHER ENGAGEMENTS ON FEBRUARY 18, 2021 IN ACCORDANCE WITH THE PROVISIONS OF OAC 325:70-1-23 (b), APPEAL FROM THE DECISION OF THE STEWARDS, THE COMMISSION EXECUTIVE DIRECTOR, AFTER CONSULTATION WITH THREE COMMISSIONERS, HEREBY DENIES THE REQUEST FOR THE STAY OF SUSPENSION AND GRANTS THE REQUEST FOR CONTINUANCE OF THE APPEAL HEARING TO MARCH 18, 2021.
Name: JOSE FABIAN HERNANDEZ Ruling Date: 6/11/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-121 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 50000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner: Jose F. Hernandez was duly notified and failed to respond by telephone as directed in his notice of hearing, before the Board of Stewards on June 10, 2020, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d )non-appearance, The hearing was in regard to the confirmed positive for the drug “Ostarine” Class 1- Penalty A, Sample # E286015 taken from the horse “FM Tempting Rock”, during the Out Of Competition Testing on July 15, 2019, at Ruidoso Downs Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer and confirmed by TVMDL.

15.2.6.9 (A)(4) Any drug or metabolite thereof found to be presenting a pre- or post-race sample which is not classified in the association of racing commissioners international uniform classification guidelines for foreign substances shall be assumed to be an association of racing commissioners international class 1 drug and the trainer and owner shall be subject to those penalties as set forth in penalty category A unless satisfactorily demonstrated otherwise by the racing medication and testing consortium, with a penalty category assigned.

Note: No evidence was presented to disprove the findings of the racing commission.

Aggravating factor: The drug "Ostarine" is not approved by the FDA and any supplements containing "Ostarine" are illegal in the USA. Aggravating factor: The potential of the drug to influence a horse's racing performance. Aggravating factor: This is the 8th class 1-A drug violation this year.

For Jose F. Hernandez’s Eighth Class 1-A medication violation in a LIFETIME, the Board of Stewards hereby assess a penalty, issued in accordance with 15.2.6.9 (B)(1) Penalty Recommendations, as follows:

    1. Pursuant to rule 15.2.6.9 (B)(1), the horse “FM Party Rock” is placed on the veterinarian’s list for 180 days from June 11, 2020 through December 7, 2020 and must pass a commission-approved examination before becoming eligible to be entered.
    2. A fine of $50,000.00 (Fifty Thousand Dollar) to be paid on or before July 11, 2020, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.
    3. Jose F. Hernandez is referred to the commission with a recommendation for a suspension for an additional 180 days.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.6.9 J (1-11) OUT OF COMPETITION TESTING 15.2.6.9 NMAC Attachment #1 ARCI Uniform Classification of Substances- 15.2.6.9(C)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions/15.2.6.9(B)(1)Penalty Recommendations /16.47.1.8 (U)(1)(2) PROTECTION OF HORSES /16.47.1.10(B)(1)(2)15.2.3.8(B)(1)(3)(f)(g)(j)Stewards15.2.6.9 MEDICATIONS AND PROHIBITED.

Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of a money order, cashier's check or a corporate check. Last date of appeal: June 21, 2020

Name: JOSE FABIAN HERNANDEZ Ruling Date: 6/19/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-121-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 50000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2020-SUN-121 - Appeal Submitted to Commission w/$500 appeal fee. DMC
Name: JOSE FABIAN HERNANDEZ Ruling Date: 6/24/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-121-ASD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 50000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2020-SUN-121 - Appeal Stay Denied. DMC
Name: JAMES F MARSHALL Ruling Date: 2/3/2020
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2020-FRE-14 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Mr. Marshall, III is hereby fined the sum of fifty ($50.00) dollars.

Mr. Marshall, III did drive with a wheel inside the "Hubless Rail" pylons while driving in the 8th race at Freehold Raceway on January 31, 2020.

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

Name: CHADWICK J MOUTON Ruling Date: 1/22/2020
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23817 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/22/2020 Suspension End: 3/15/2020
Ruling Text: Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending appearance before the stewards regarding a debt claim filed by Delta Equine Center in the amount of $982.
Name: CHADWICK J MOUTON Ruling Date: 2/26/2021
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23817-REST Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/22/2020 Suspension End: 3/15/2020
Ruling Text: RE: 23817 - Restored to Good Standing on March 15, 2020; Paid debt to Delta Equine Center
Name: AUSTIN T SIEGELMAN Ruling Date: 1/9/2020
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2020-FRE-3 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Austin Siegelman is hereby fined the sum of two-hundred ($200.00) dollars.

While driving #4 "Preppy Art" in the fifth race on January 4, 2020, Mr. Siegelman did move his horse into the outer flow while proper clearance did not exist, causing the driver of #5 "Half A Billion" to move three wide and take back in order to avoid contact.

As a result, #4 "Preppy Art" finished 5th and was placed 7th.

Violation of N.J.A.C. 13:71-20.6(a) 1, 2, 6, 8, 10.

Name: JAVIER P MONTOYA Ruling Date: 1/5/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-3 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 12/28/2020 Suspension End: 1/28/2021
Ruling Text: Trainer: Javier Montoya (currently under suspension) was duly notified and waived his right to a hearing before the Board of Stewards on January 4, 2020. The hearing was in regard to the confirmed positive of the Drug Class 3 Penalty Class B HydroxyEthylPromazine Sulfoxide, found in test sample E355056 taken from the 2nd place finisher, “JM Silver Bullet”, in the 6th race on December 8, 2019, at Zia Park.

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

J and M Racing and Farm (Javier Marquez), the owner of record for the horse “JM Silver Bullet”, was duly notified and was represented by trainer.

For Javier Montoya’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 December 28, 2020, through January 27, 2021, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
  2. A ($750.00) Seven Hundred Dollar fine to be paid on or before February 3, 2020, 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 Javier Montoya. 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 Javier Montoya. 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 Javier Montoya 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/15.2.6.9. 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: JOSEPH BONGIORNO Ruling Date: 12/5/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-84 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Joe Bongiorno is hereby fined the sum of fifty ($50.00) dollars.

Mr. Bongiorno did fail to drive the horse "Dancin' Anna" when programmed in the 10th race at Freehold Raceway on Friday November 15, 2019.

Violation of N.J.A.C. 13:71- 7.29 (a) 2.

Name: RICARDO GARCIA ARMENDARIZ Ruling Date: 12/5/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2019-Comm-30 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO

IN THE MATTER OF RACE APPEAL OF TRAINER RICARDO GARCIA ARMENDARIZ, JR, (ID#12260) OF THE RUIDOSO DOWNS BOARD OF STEWARDS' DECISION FOR RACE 10 THAT RAN ON SEPTEMBER 1, 2019 AT RUIDOSO DOWNS

Respondent.

2019-Comm-30

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) at its regularly scheduled meeting on November 21, 2019, at 4900 Alameda NE, in Albuquerque, New Mexico, on the appeal by the trainer for the horse, “Vallant Tiberias,” Ricardo Garcia Armendariz, Jr. (hereinafter “Respondent”). Respondent appeals the decision of Ruidoso Downs Board of Stewards' Decision for the 10th race on September 1, 2019, that resulted in “Vallant Tiberias” being disqualified from the race. A hearing on the merits was held before the Race Review Committee on October 22, 2019, which recommended that the Commission uphold the Stewards’ decision. After reviewing the video replay of the race, the Commission voted unanimously to adopt the recommended decision of the Race Review Committee to uphold the decision of the Stewards. Pursuant to the Horse Racing Act, NMSA 1978, Sections 60-1A-1 through -30, the Commission issues the following:

FINDINGS OF FACT

      1. The Commission's Rules of the Race require 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.
      2. “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)(a) NMAC.
      3. “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.” 15.2.5.13(E)(4)(a) NMAC.
      4. The Commission reviewed the video replay of the race, reviewed audio of hearing and agreed with the Race Review Committee the #4 horse, "Vallant Tiberias" interfered with the number #5 horse. The #4 horse continued to bump the #5 horse, pushing him out of this lane and came over in front of him nearly clipping heels.
CONCLUSIONS OF LAW

      1. The preponderance of the evidence shows that the horse, “Vallant Tiberias” trained by the Respondent, violated 15.2.5.13(E)(3)(a) NMAC, when it failed to maintain a straight course and came into contact with the number 5 horse.
      2. The Commission having reviewed this matter, finds that the Stewards’ decision to disqualify “Valant Tiberias” in the race is supported by preponderance of the evidence.
ORDER

IT IS THEREFORE ORDERED, that based on these Findings of Fact and Conclusions of Law, that the Commission upholds the ruling of the Stewards in this matter. This Order shall be served upon Respondent in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.

Date: December 5, 2019 Signed by: David "Hossie" Sanchez , Vice Chairman New Mexico Racing Commission

Name: RICARDO GARCIA ARMENDARIZ Ruling Date: 11/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2019-ZIA-68 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: Trainer, Ricardo G. Armendariz, is hereby summarily suspended, effective immediately, November 19, 2019 pending the outcome of his summary suspension hearing scheduled for November 27, 2019, at 9:00 a.m. in the office of the Board of Stewards at Zia Park Racetrack (3901 West Millen Drive Hobbs, NM 88240), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Quarter Horse Penalty A drug, Albuterol, found in test sample E358070 taken from the Quarter Horse “A Stopwatch”, who finished in second place in the 8th race on November 3, 2019, at Zia Park.

In accordance with 15.2.1.9 (C)(21), Ricardo G. Armendariz 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 Ricardo G. Armendariz 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 Ricardo G. Armendariz must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

Name: RICARDO GARCIA ARMENDARIZ Ruling Date: 12/1/2019
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2019-ZIA-68-CC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: RE: 2019-ZIA-68 - Case Continued Trainer Ricardo G. Armendariz (currently under summary suspension) was duly notified and appeared for a summary suspension hearing before the Board of Stewards on November 27, 2019. The summary suspension was in regard to the confirmed positive of the Class 3 Quarter Horse Penalty A drug, albuterol, found in test sample E358070 taken from the Quarter Horse “A Stopwatch”, who finished in second place in the 8th race on November 3, 2019, at Zia Park.

In accordance with 15.2.1.9(B)(3)(a), the Board of Stewards hereby continue the summary suspension of all licenses belonging to Ricardo G. Armendariz pending the results of his disciplinary hearing.

In accordance with 15.2.1.9 (C)(21), Ricardo G. Armendariz 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 Ricardo G. Armendariz 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 Ricardo G. Armendariz must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

Name: RICARDO GARCIA ARMENDARIZ Ruling Date: 12/15/2019
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2019-ZIA-68-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: RE: 2019-ZIA-68 - Ruling Final Outcome Trainer Ricardo G. Armendariz (currently under summary suspension) was duly notified and appeared for a hearing before the Board of Stewards on December 9, 2019. The hearing was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses), Albuterol, found in test sample E358070 taken from the Quarter Horse “A Stopwatch”, who finished in second place in the 8th race on November 3, 2019, at Zia Park.

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

Irineo Tercero, Jr. is the owner of record for the horse “A Stopwatch”, and was duly notified and failed to appear.

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

1. A 1 year suspension of all NMRC licenses (retroactive from summary suspension) November 19, 2019, through November 18, 2020, inclusive. 2. A (10,000.00) Ten thousand dollar fine to paid on or before January 13, 2020, in accordance with 15.2.3.8 (B)(3)(k). Failure to pay the fine in the prescribed time shall result in an immediate suspension.

In accordance with 15.2.1.9 (C)(21), Ricardo G. Armendariz 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 Ricardo G. Armendariz 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 Ricardo G. Armendariz must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found in violation of and ruling written in accordance with: Licensee is found in violation of and this ruling is written in accordance with: 15.2.6.9 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- Clenbuterol Class A Classification for Quarter horses 15.2.6.9(C)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 15.2.6.9(C)(4) There is no permissible concentration of Albuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/

Name: RICARDO GARCIA ARMENDARIZ Ruling Date: 1/27/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2019-ZIA-68-FTC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: RE: 2019-ZIA-68 - Failure to Comply 1/27/21 Fine not paid
Name: SAMUEL E. VALDIVIA Ruling Date: 10/17/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-053 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 10/5/2019 Suspension End: 10/3/2020
Ruling Text: ON SEPT. 14, 2019, THE HORSE NAMED "FIRST PRIZE SHAWN" PLACED 1ST IN THE 9TH RACE ON SAT. SEPT. 14, 2019 AT WRD. A REPORT FROM INDUSTRIAL LAB. CORP. STATING THE URINE SAMPLE FROM THE HORSE TESTED POSITIVE FOR THE DRUG CLENBUTEROL. THE OWNER/ TRAINER OF THE HORSE IS SAMUEL VALDIVIA.

ON OCT. 5, 2019, THE BOS AT WRD DETERMINED THE PUBLIC HEALTH, SAFETY, AND WELFARE AT RISK BECAUSE CLENBUTEROL IS A PROHIBITED SUBSTANCE FOR QUARTER HORSES, PAINTS, AND APPALOOSAS WHICH CAN AFFECT THE PERFORMANCE OF A HORSE, THE WELFARE OF THE BETTING PUBLIC, OTHER LICENSEES AND HORSES IN HIS CARE.

THEREFORE, MR. VALDIVIA IS SUSPENDED EFF OCT. 5, 2019 AND CONTINUING A PENDING HEARING AND FINAL DETERMINATION. DURING HIS SUSPENSION, MR. VALDIVIA IS DENIED ACCESS TO ALL RACETRACKS, INCLUDING THE PUBLIC AREAS COMING UNDER THE JURISDICTION OF THE OHRC.

Name: SAMUEL E. VALDIVIA Ruling Date: 10/11/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-053-ASD Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 10/5/2019 Suspension End: 10/3/2020
Ruling Text: RE: 19-WRD-053A - Appeal Stay Denied…HAVING REVIEWED THE EXHIBITS AND HEARD ARGUMENTS AND TESTIMONY FROM THE DEFENDANT OWNER/TRAINER SAMUEL VALDIVIA, THE BOS FINDS THAT MR. VALDIVIA HAS FAILED TO SHOW CAUSE WHY THE ORDER OF SUMMARY SUSPENSION SHOULD NOT REMAIN IN EFFECT PENDING AHEARING AND FINAL DETERMINATION.

THEREFORE, THE ORDER OF BOS THAT OWNEER/TRAINER MR. VALDIVIA SHALL REMAIN SUSPENDED UNTIL A FINAL HEARING ON THE MERITS LISTED AND A DETERMINATION IS MADE PURSUANT THERETO.

IT IS SO ORDERED 11TH DAY OF OCTOBER, 2019.

Name: SAMUEL E. VALDIVIA Ruling Date: 2/7/2020
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-053-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 10/5/2019 Suspension End: 10/3/2020
Ruling Text: RE: 19-WRD-053B - Ruling Final Outcome…IT IS THE ORDER OF THE BOS AT RP THAT OWNER/TRAINER SAMUEL VALDIVIA IS HEREBY SUSPENDED THREE HUNDRED SIXTY FIVE (365) DAYS BEGINNING SATURDAY, 10/5/2019 THROUGH SATURDAY, 10/3/2020, (365) DAYS, AND IS FINED TEN THOUSAND DOLLARS ($10,000). THE QUARTER HORSE " FIRST PRIZE SHAWN" IS DISQUALIFIED FROM FIRST (1ST) PLACE AND SHALL REMAIN UNPLACED.
Name: Jeannine Louise Richardson Ruling Date: 4/21/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-243 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Jeannine L. Richardson was duly notified and failed to appear before the Board of Stewards, and had her hearing in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, on April 21, 2019. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4C major), found in test sample #E276729. The test sample was taken from the second place finisher J J’s Event” following the 8th race on July 29, 2018 at the Downs of Albuquerque. The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 20.8 +/- 2.5 pg/ml in the blood, which exceeds the limit of 5.0 pg/ml per 15.2.6.9 NMAC Attachment 2 Split sample rights where afforded to the trainer and conformed at 13 +/- 2 pg/ml by TVMDL. Bart Hone was the trainer of record for the horse “J J’s Event” at the time of the violation. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Jeannine L. Richardson Second Class 4C MAJOR medication violation in a 365-day period. The Board of Stewards hereby assess penalty as follows:

        1. The horse “J J’s Event” is hereby disqualified from second place and ordered unplaced from the 8th race on July 29, 2018 at the Downs of Albuquerque for all but pari-mutuel wagering.
The purse redistribution is as follows
                    1. Just Plumb Bob
                    2. Ramblin Touch
                    3. Borrachos Dream
                    4. I’m a Sky Pilot
                    5. Jimnjacknhank
                    6. Blazin Jeffrey
                    7. Cordes
                    8. W F All That Jazz
                    9. Malusita’s Home
                    10. Rey Ransom
Unplaced: J J’s Event

2. The horse J J’s Event is placed on veterinarian’s list for 45 days starting April 21, 2019. 3. The horse J J’s Event must pass a commission approved exam 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: Jeannine Louise Richardson Ruling Date: 5/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-243-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-243 - Appeal Submitted to Commission on April 30, 2019 @ 2:50 pm KF
Name: CLAY A HARRIS Ruling Date: 4/20/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-238 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Clay A. Harris 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 20, 2019. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4C major) and Betamethasone (Class 4C Major), found in test sample #E276388. The test sample was taken from the first place finisher Kar Keen” following the 6th race on July 8, 2018 at the Downs of Albuquerque. The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 78.5 +/- 3.1 pg/ml in the blood, which exceeds the limit of 5.0 pg/ml per and Betamethasone at 34.8 +/- 2.7 which exceeds the limit of 10 pg/ml per 15.2.6.9 NMAC Attachment 2 Split sample rights where afforded to the trainer and conformed Dexamethasone at 66 +/- 12 pg/ml and Betamethasone at 21 +/- 4 pg/ml by TVMDL. Bart Hone was the trainer of record for the horse “Kar Keen” at the time of the violation. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Clay A. Harris’s First Class 4C MAJOR medication violation in a 365-day period. The Board of Stewards hereby assess penalty as follows:

    1. The horse “Kar Keen” is hereby disqualified from first place and ordered unplaced from the 1st race on July 11, 2018 at the Downs of Albuquerque for all but pari-mutuel wagering.
The purse redistribution is as follows
                            1. Hurricane Status
                            2. Just Plumb Bob
                            3. Touch of Mischief
                            4. K G’s Pro
                            5. Golden Cadet
                            6. Don’t Tell Jay
                            7. Gavilan Diablo
Unplaced: “Kar Keen”

2. The horse “Kar Keen” 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)(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: PIERRE JR. AMESTOY Ruling Date: 3/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-190 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Pierre J. Amestoy was duly notified, and was represented by attorney Camille Cordova before the Board of Stewards on March 29, 2019. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4C major), found in test sample #E276878. The test sample was taken from the first place finisher Magnum Moonflash” following the 8th race on August 11, 2018 at the Downs of Albuquerque Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 35.1 +/- 2.6 pg/ml in the blood, which exceeds the limit of 5.0 pg/ml per 15.2.6.9 NMAC Attachment 2

A split sample was sent by the trainer and confirmed at (8.2 +/- 1.5 pg/ml) TVMDL.

Michael Barber was the trainer of record for the horse “Magnum Moonflash” at the time of the violation.

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

    1. The horse “Magnum Moonflash” is hereby disqualified from first place and ordered unplaced from the 8th race on August 11, 2018 at the Downs of Albuquerque for all but pari-mutuel wagering.

The purse redistribution is as follows

        1. Jesswhathaveigottado
        2. Ahs Blue Boy
        3. First Shining Chick
        4. Elegants Jess
        5. Enb Uptown Funk
        6. Eye Am a Hottie
        7. Shadow Hills
        8. Viva My Hero V
Unplaced: Magnum Moonflash

2. A ($5000.00) Five Thousand Dollar fine to paid on or before April 27, 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.

3. The horse “Magnum Moonflash” 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 NMAC Attachment 2/ 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: PIERRE JR. AMESTOY Ruling Date: 4/4/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-190-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-190 - Appeal Submitted to Commission @ 11:49am 4/4/2019 KF
Name: PIERRE JR. AMESTOY Ruling Date: 4/8/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-190-ASD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-190 - Appeal Stay Denied; Denial letter sent to Mr. Amestoy 4/5/2019 ; Pro Se KF
Name: LESLIE ANN AMESTOY Ruling Date: 3/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-191 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Leslie A. Amestoy was duly notified, and was represented by attorney Camille Cordova before the Board of Stewards on March 29, 2019. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4C major), found in test sample #E276878. The test sample was taken from the first place finisher Magnum Moonflash” following the 8th race on August 11, 2018 at the Downs of Albuquerque Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 35.1 +/- 2.6 pg/ml in the blood, which exceeds the limit of 5.0 pg/ml per 15.2.6.9 NMAC Attachment 2

A split sample was sent by the trainer and confirmed at (8.2 +/- 1.5 pg/ml) TVMDL.

Michael Barber was the trainer of record for the horse “Magnum Moonflash” at the time of the violation.

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

    1. The horse “Magnum Moonflash” is hereby disqualified from first place and ordered unplaced from the 8th race on August 11, 2018 at the Downs of Albuquerque for all but pari-mutuel wagering.

The purse redistribution is as follows

        1. Jesswhathaveigottado
        2. Ahs Blue Boy
        3. First Shining Chick
        4. Elegants Jess
        5. Enb Uptown Funk
        6. Eye Am a Hottie
        7. Shadow Hills
        8. Viva My Hero V
Unplaced: Magnum Moonflash

2. A ($5000.00) Five Thousand Dollar fine to paid on or before April 27, 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.

3. The horse “Magnum Moonflash” 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 NMAC Attachment 2/ 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: LESLIE ANN AMESTOY Ruling Date: 4/4/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-191-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-191 - Appeal Submitted to Commission at 11:52 am on 4/4/2019 KF
Name: LESLIE ANN AMESTOY Ruling Date: 4/8/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-191-ASD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-191 - Appeal Stay Denied; Denial letter sent 4/5/2019 to Ms. Amestoy; Pro Se KF
Name: Peter A Hladky Ruling Date: 3/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-193 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Peter Hladky was duly notified, and was represented by attorney Blair Dunn before the Board of Stewards on March 29, 2019. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4C major), found in test sample #E277028. The test sample was taken from the second place finisher Mulberry” following the 3rd race on August 25, 2018 at the Downs of Albuquerque Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 13.4 +/- 2.6 pg/ml in the blood, which exceeds the limit of 5.0 pg/ml per 15.2.6.9 NMAC Attachment 2

A split sample was sent by the trainer and confirmed at (7.9 +/- 1 pg/ml) TVMDL.

Michael Barber was the trainer of record for the horse “Mulberry” at the time of the violation.

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

    1. The horse “Mulberry” is hereby disqualified from second place and ordered unplaced from the 3rd race on August 25, 2018 at the Downs of Albuquerque for all but pari-mutuel wagering.

The purse redistribution is as follows

        1. Flying Pretty
        2. One Afleet Star
        3. Never Mizz
        4. Double Dehere
        5. American Raisa
        6. Robthequuen
        7. La Fortunada
Unplaced: Mulberry

2. The horse “Mulberry” is placed on veterinarian’s list for 45 days, starting March 29, 2019 thru May 12, 2019, and 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)(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: Peter A Hladky Ruling Date: 4/2/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-193-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: An Appeal of Ruling 2019-SUN-193 was Submitted to Commission by Mr. Hladky's attorney A. Blair Dunn, Esq.
Name: Peter A Hladky Ruling Date: 4/8/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-193-ASD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-193 - Appeal Stay Denied; Denial letter sent to Mr. Hladky'a attorney, A. Blair Dunn, Esq. on 4/5/2019 KF
Name: Michael Barber Ruling Date: 3/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-189 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 4/8/2019 Suspension End: 4/23/2019
Ruling Text: Trainer: Michael Barber, having been duly notified and appeared with his attorney A. Blair Dunn before the Board Of Stewards on March 29, 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 E227878 taken from the 1st place finisherMagnum Moonflash” following the 8th race, on August 11, 2018, at the Downs at Albuquerque Race Track.

The original lab report indicated a finding of Dexamethasone at 35.1 +/- 2.6 pg/ml in the blood, exceeding the allowable limit for Dexamethasone 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 trainer, and confirmed by TVMDL at 8.2 +/- 1.5 pg/ml. Pierre Amestoy and Leslie Amestoy are the owners of record for horse “Magnum Moonflash

This is Michael Barber’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 28, 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 8, 2019, through April 22, 2019, inclusive.
    3. During said time of applicable suspension Michael Barber 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 Michael Barber 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 Michael Barber 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: Michael Barber Ruling Date: 4/2/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-189-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 4/8/2019 Suspension End: 4/23/2019
Ruling Text: An Appeal of Ruling 2019-SUN-189 was Submitted to Commission by Mr. Barber's attorney, A. Blair Dunn, Esq.
Name: Michael Barber Ruling Date: 4/8/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-189-ASD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 4/8/2019 Suspension End: 4/23/2019
Ruling Text: RE: 2019-SUN-189 - Appeal Stay Denied; Denial letter sent to Mr. Barber's Attorney, A. Blair Dunn, Esq. on 4/5/2019 KF
Name: Michael Barber Ruling Date: 1/24/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-189-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 4/8/2019 Suspension End: 4/23/2019
Ruling Text: RE: 2019-SUN-189 - Modified Ruling Trainer: Michael Barber, having been duly notified and appeared with his attorney A. Blair Dunn before the Board Of Stewards on March 29, 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 E276878 taken from the 1st place finisherMagnum Moonflash” following the 8th race, on August 11, 2018, at the Downs at Albuquerque Race Track.

The original lab report indicated a finding of Dexamethasone at 35.1 +/- 2.6 pg/ml in the blood, exceeding the allowable limit for Dexamethasone 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 trainer, and confirmed by TVMDL at 8.2 +/- 1.5 pg/ml. Pierre Amestoy and Leslie Amestoy are the owners of record for horse “Magnum Moonflash

This is Michael Barber’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 28, 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 8, 2019, through April 22, 2019, inclusive.
        3. During said time of applicable suspension Michael Barber 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 Michael Barber 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 Michael Barber 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)(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.

Name: Michael Barber Ruling Date: 3/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-192 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 4/23/2019 Suspension End: 5/23/2019
Ruling Text: Trainer: Michael Barber, having been duly notified and appeared with his attorney A. Blair Dunn before the Board Of Stewards on March 29, 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 E277028 taken from the 2nd place finisherMulberry” following the 3rd race, on August 25, 2018, at the Downs at Albuquerque Race Track . The original lab report indicated a finding of Dexamethasone at 13.4 +/- 2.6 pg/ml in the blood, exceeding the allowable limit for Dexamethasone 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 trainer, and confirmed by TVMDL at 7.9 +/- 1.0 pg/ml.

Peter Hladky is the owner of record for horse “Mulberry

This is Michael Barber’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 ($2,500) Two Thousand Five Hundred dollar fine to paid on or before April 28, 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 30 day suspension of all NMRC licenses starting April 23, 2019, through May 22, 2019, inclusive.
        3. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
        4. During said time of applicable suspension Michael Barber 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 Michael Barber 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 Michael Barber 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: Michael Barber Ruling Date: 4/2/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-192-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 4/23/2019 Suspension End: 5/23/2019
Ruling Text: An Appeal of Ruling 2019-SUN-192 was Submitted to Commission by Mr. Barber's attorney, A. Blair Dunn, Esq.
Name: Michael Barber Ruling Date: 4/8/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-192-ASD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 4/23/2019 Suspension End: 5/23/2019
Ruling Text: RE: 2019-SUN-192 - Appeal Stay Denied; Denial Letter sent to attorney, A. Blair Dunn, Esq. on 4/5/2019 KF

Name: BART GEORGE HONE Ruling Date: 3/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-172 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 3/27/2019 Suspension End: 4/11/2019
Ruling Text: Trainer: Bart Hone; having been duly notified and appeared before the Board Of Stewards on March 16, 2019, with his attorney Gary Mitchell regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drugs, Dexamethasone at 78.5 +/- 3.1 pg/ml in blood, and Betamethasone, at 34.8 +/- 2.7 pg/mi in blood. (both class 4C-Major penalty drugs) found in test sample E276388 taken from the 1st place finisherKar Keen” following the 1st race, on July 11, 2018, at the Downs at Albuquerque Race Track.

The allowable limit for Dexamethasone is 5 pg/ml in the blood. The allowable limit of Betamethasone is 10 pg/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 TVMDL for Dexamethasone at 66 +/-12 pg/ml and Betamethasone at 21 +/- 4 pg/ml in blood.

Clay A, Harris is the owner of record for horse “Kar Keen

This is Bart Hone’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: Aggravating Factor, More than one 4-C Major Drug.

    1. A ($2000.00) Two Thousand Dollar fine to paid on or before April 16, 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 27, 2019, through April 10, 2019, inclusive.
    3. During said time of applicable suspension Bart Hone 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 Bart Hone 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 Bart Hone 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: BART GEORGE HONE Ruling Date: 3/26/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-172-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 3/27/2019 Suspension End: 4/11/2019
Ruling Text: RE: 2019-SUN-172 - 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-173 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 4/11/2019 Suspension End: 5/11/2019
Ruling Text: Trainer: Bart Hone; having been duly notified and appeared before the Board Of Stewards on March 16, 2019, was represented by attorney Gary Mitchell regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drugs, Dexamethasone at 20.8 +/- 2.5 pg/ml in blood, (a class 4C-Major penalty drug) found in test sample E276729 taken from the 2nd place finisherJ J’s Event” following the 8th race, on July 29, 2018, at the Downs at Albuquerque Race Track.

The allowable limit for Dexamethasone is 5 pg/ml in the blood. (15.2.6.9 Attachment 2).

Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by TVMDL for Dexamethasone at 13 +/- 2 pg/ml.

Jeannine L. Richardson is the owner of record for horse “J J's EventThis is Bart Hone’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 ($2500.00) Two Thousand Five Hundred Dollar fine to paid on or before April 16, 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 30 day suspension of all NMRC licenses starting April 11, 2019, through May 10, 2019, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
During said time of applicable suspension Bart Hone 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 Bart Hone 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 Bart Hone 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: BART GEORGE HONE Ruling Date: 3/26/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-173-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 4/11/2019 Suspension End: 5/11/2019
Ruling Text: RE: 2019-SUN-173 - 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: 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: ROGELIO MARQUEZ JR. Ruling Date: 3/4/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-142 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Rogelio Marquez Jr. was duly notified and was represented by his attorney Daniel Marquez, Esq. before the Board of Stewards on March 2, 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 therapeutic drug, Betamethasone (class 4C MAJOR penalty drug) found in test sample E282524. The test sample was taken from the first place finisher, Political Attraction”, following the 6th race on July 8, 2018 at Ruidoso Downs racetrack.

The original lab report indicated a finding of Betamethasone at a level of 16.0 ± 2.0 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 a provided in 15.2.6.10 (D) NMAC, were afforded to the trainer and confirmed by TVMDL at a level of 16 ± 3 pg/ml.

Josue Ponce, was the trainer of record for horse, “Political Attraction”, at the time of this violation.

For owner Rogelio Marquez Jr’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. The horse “Political Attraction ” must pass a commission approved examination before being eligible to enter.
        2. The horse “Political Attraction ” is hereby disqualified from first place and ordered unplaced from the 6th Trial race (Rainbow Quarter Horse Derby Trial) on July 8, 2018 at Ruidoso Downs Racetrack as well as disqualified from 1st place and ordered unplaced from the final (Rainbow Quarter Horse Derby Race 10) which ran on July 21, 2018, Per 15.2.1.9 B 3 d. for all but pari-mutuel wagering. The purse redistribution is as follows.
Trial July 8, 2018 Race 6 Final July 21, 2018 Race 10
    1. Jess Move You 1. Papaws Paint
    2. Wagon Chick V 2. Hotstepper
    3. Invisible Cartel 3. Df Aj Green Leaves
    4. Tough Dynasty 123 4. Hawkeye
    5. One Quick Wagon 5. Jess Move You
    6. Corleonni 6. Sixes Crystal
    7. Apolliperfection 7. Piloto Strong
Unplaced Political Attraction 8. Flight Force Unplaced Political Attraction Unplaced Hes Limitless per ruling 2019-SUN-42

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 / 15.2.6.9(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.” 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: ROGELIO MARQUEZ JR. Ruling Date: 3/11/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-142-ACOMM Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Appeal Submitted by Commission by Attorney Daniel Marquez on Ruling # 2019-SUN-142 -
Name: ROGELIO MARQUEZ JR. Ruling Date: 2/18/2021
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-142-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: 2.18.21 - RE: 2019-SUN-142 - Ruling Final Outcome - Dismissed by Commission

BEFORE THE STATE OF NEW MEXICO RACING COMMISSION

IN THE MATTER OF THE APPEAL OF: TRAINER JOSUE PONCE (ID#159033) FOR RULING #2019-SUN-139 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282524 HORSE “POLITICAL ATTRACTION”

IN THE MATTER OF THE APPEAL OF: OWNER KATHRYN T. ROBINSON (ID#161195) FOR RULING #2019-SUN-140 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282524 HORSE “POLITICAL ATTRACTION”

IN THE MATTER OF THE APPEAL OF: OWNER ROGELIO MARQUEZ, JR. (ID#161177) FOR RULING #2019-SUN-142 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282524 HORSE “POLITICAL ATTRACTION”

Respondents.

ORDER OF DISMISSAL
THIS MATTER came before the New Mexico Racing Commission (“Commission”) at a regular meeting held on November 19, 2020, on review of the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations. A formal evidentiary hearing was held in this matter on August 13, 2020 by designated Hearing Officer Kevin Fitzwater. The Administrative Prosecutor was Mark Swanson, Esq. Respondent was represented by Daniel A. Marquez, Esq. Having familiarized itself with the transcript of the August 13, 2020 hearing, the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations, the exhibits admitted into evidence and all pleadings filed in the above-referenced cause of action, a quorum of the Commission voted to issue an Order to Remand this matter to the Hearing Officer to receive testimony from Dr. Scott Waterman. The Order to Remand was issued on December 21, 2020. However, pursuant to the Commission’s authority under 15.2.1.9(C)(16), it may dismiss a proceeding on its own motion for reasons that are just and reasonable. Therefore, the Commission issues the following:
FINDINGS OF FACT The Commission adopts the Hearing Officer’s Findings of Fact from the Hearing Officer’s Report and such findings are hereby attached an incorporated by reference into this Decision and Order as Exhibit 1, Hearing Officer’s Report, Findings of Fact and Conclusions of Law and Recommendations, September 9, 2020.
      1. On July 8, 2018, the horse “Political Attraction” raced in the sixth (6th) race (trial race) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      2. On July 21, 2018, the horse “Political Attraction” raced in the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      3. On those days, Josue Ponce, Respondent, who holds a license issued by the Commission, was the trainer of the horse “Political Attraction”.
      4. On those days, Kathryn T. Robinson, Respondent, who holds a license issued by the Commission, was the owner of the horse “Political Attraction”.
      5. On those days, Rogelio Marquez, Jr., Respondent, who holds a license issued by the Commission, was also the owner of the horse “Political Attraction”.
      6. Upon completion of the sixth (6th) race at Ruidoso Downs Racetrack and pursuant to 15.2.6.10(A), “Political Attraction” was designated by the racetrack Board of Stewards (“Stewards”) to have a blood sample taken at the test barn.
      7. A blood sample was collected from “Political Attraction” in the test barn and assigned sample #E282524.
      8. “Political Attraction” was tested in conformity with the established procedures under the supervision of Dr. Richard Mobley.
      9. The integrity of the chain of custody was maintained throughout and the sample was shipped via FedEx bonded courier to Industrial Laboratories (“the Laboratory”) in Wheat Ridge, Colorado.
      10. Upon receipt, sample #E282524 was tested by the Laboratory using established procedures and protocol, and screened for the presence of drugs by the method of liquid chromatography/mass spectrometry/mass spectrometry.
      11. The Laboratory identified the presence of Betamethasone in the sample at a level of 16.0 plus or minus 2.0 pg/ml.
      12. At the time sample #E282524 was taken and tested, a level of Betamethasone in the sample at a level above 16.0 pg/ml was a banned substance.
      13. By letter dated July 27, 2018, notices were delivered individually to Respondents Josue Ponce, Kathryn T. Robinson, and Rogelio Marquez, Jr. which informed them of the positive test for Betamethasone and of potential disciplinary penalties and of their right to have a split sample tested.
      14. The Respondent Josue Ponce requested that the split sample be tested.
      15. The split sample tested at 16 plus or minus 3 pg/ml.
      16. Dr. Fenger’s report includes the information provided to her that a veterinarian administered 30 mg of Betamethasone to the horse “Political Attraction” seven days before the race on July 8, 2018.
      17. If so, that dosing period was in conformity with ARCI Controlled Therapeutic Medication Schedule for Horses.
      18. On June 22, 2018, the Commission began using the Laboratory to test samples for horses racing within its jurisdiction.
      19. Prior to the Laboratory, the Commission contracted with the University of California Davis to conduct testing on samples for horses racing within its jurisdiction.
      20. The Commission held hearings prior to the change.
      21. Dr. Petra Hartmann, the Director of the Laboratory, met and/or spoke with representatives and members of the New Mexico Horsemen’s Association and with veterinarians associated with the horse racing industry.
      22. Representations were made that no changes in medication administration were warranted, as testing protocols would be unchanged.
CONCLUSIONS OF LAW
      1. This matter came proper before the Commission in accordance with NMSA 1978, Sections 60-1A-4(A)(8) and 60-1A-5(C)(7) (as amended through 2007), and the Hearing Officer held this as a de novo hearing.
      2. Notice was properly given and the Commission has jurisdiction over the Respondents.
      3. The Commission rules are intended to “protect the integrity of horse racing, to ensure the health and welfare of races horses and to safeguard the interests of the public and participants in racing.” See 15.2.6.6 NMAC.
      4. Pursuant to the Commission’s rules, when the penalty assessed against a licensee for a medication or drug violation in a trial race results in a disqualification and loss of purse, the licensee is subject to the same penalties for any race for which the trial race was conducted. The race on July 8, 2018 was a trial race. See 15.2.6.9(A)(7) NMAC.
      5. Pursuant to the Commission’s rules, a positive test for a prohibited drug, medication or substance, as reported by a Commission approved laboratory, is prima facie evidence of a violation absent substantial evidence to the contrary. See 15.2.6.11(A) NMAC.
      6. A level of Betamethasone above 10 pg/ml is prohibited from being present in racehorses. NMSA 1978, Section 60-1A-11(E) and 15.2.6.9 NMAC.
      7. The presence of Betamethasone in the sample above 10.0 pg/ml is prima facie evidence of a violation. NMSA 1978, Section 60-1A-11(E), 15.2.6.9 NMAC, 15.2.6.11(A) NMAC.
      8. Pursuant to the Commission’s rules, 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. See 15.2.6.11(A) NMAC.
      9. 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.
      10. Pursuant to the Commission’s rules, the presence of Betamethasone above 10.0 pg/ml is classified as a Class 4C violation. See 15.2.6.9(B)(1). The penalty for a trainer’s second Class 4C violation is a minimum fine of $1,500.00 and a 15-day suspension absent mitigating circumstances.
      11. Pursuant to the Commission’s rules, the penalty for an owner’s first Class 4C (major) violation is disqualification of the horse, loss of purse, and the horse must pass a commission-approved exam before being eligible to run.
      12. Substantial evidence exists to find that Respondent’s actions violated the Commission’s rules at 15.2.6.9 NMAC, 15.2.6.11(A) NMAC and the Horse Racing Act, NMSA 1978, Section 60-1A-11.
ORDER IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that based on these Findings of Fact and Conclusions of Law, the Commission hereby adopts the Hearing Officer’s Recommendations and orders:
      1. For trainer Josue Ponce a minimum fine of $1,500.00 and a fifteen (15) day suspension.
      2. For owners Kathryn T. Robinson and Rogelio Marquez, Jr., disqualification of the horse, loss of purse, and the horse must pass a commission-approved exam before being eligible to run.
      3. However, mitigating circumstances exist, as described in the Hearing Officer’s Report and as adopted herein, which warrant a dismissal of the violations in the case of Sample #E282524 against Trainer Josue Ponce, Owner Rogelio Marquez, Jr. and Owner Kathryn Robinson.
      4. The Commission shall immediately release all purse monies due to Owners Rogelio Marquez, Jr. and Kathryn Robinson for the horse “Politicial Attraction.” “Political Attraction” ran on July 8, 2018, in the sixth (6th) race (trial race) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      5. The Commission shall immediately release all purse monies due to Owners Rogelio Marquez, Jr. and Kathryn Robinnson for the horse “Political Attraction.” “Political Attraction” ran on July 21, 2018, in the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in second (2nd) place.
      6. The final results of the sixth (6th) race (trial race) at Ruidoso Downs on July 8, 2018 should be as follows:

PLACE HORSE # HORSE NAME 1 5 Political Attraction 2 7 Jess Move You 3 6 Wagon Chick V 4 8 Invisible Cartel 5 1 Tough Dynasty 6 2 One Quick Wagon 7 3 Corleonni 8 4 Apolliperfection

G. The final results of the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs on July 21, 2018 should be as follows:

PLACE HORSE # HORSE NAME 1 2 Political Attraction 2 8 Hes Limitless 3 3 Papaws Paint 4 10 Hotstepper 5 1 Df Aj Green Leaves 6 9 Hawkeye 7 6 Jess Move You 8 4 Sixes Crystal 9 7 Piloto Strong 10 5 Flight Force

So ordered on this 18th day of February, 2021.

Original signed by: David "Hossie" Sanchez VICE-CHAIRMAN OF NEW MEXICO RACING COMMISSION

JUDICIAL REVIEW This Order constitutes a final decision for purposes of initiating any contemplated judicial review pursuant to Rule 1-075 NMRA. Pursuant to Rule 1-075 NMRA, a party aggrieved by a final decision or order of the Commission may appeal the decision to the District Court by filing a Petition for Writ of Certiorari with proof of service, within thirty (30) days of the date of filing this Order. Any pleadings filed with the District Court must be served on the Board’s counsel, Assistant Attorney General Delilah Tenorio.

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent on this 18th day of February, 2021 via electronic mail to:

Daniel A. Marquez, Esq. Attorney for Respondents dan@damlawoffice.com

Mark Swanson, Assistant Attorney General Administrative Prosecutor mswanson@nmag.gov

Denise M. Chavez, Paralegal New Mexico Racing Commission

Name: JOSUE PONCE Ruling Date: 3/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-139 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 3/13/2019 Suspension End: 3/27/2019
Ruling Text: Trainer: Josue Ponce; having been duly notified and was represented by attorney Daniel Marquez before the Board Of Stewards on March 2, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drug, Betamethasone (a class 4C-Major penalty drug) found in test sample E282524 taken from the 1st place finisherPolitical Attraction” following the 6th race, on July 8, 2018, at the Ruidoso Downs Race Track. The original lab report indicated a finding of Betamethasone at 16.0 +/- 2.0 pg/ml in the blood, the allowable limit for Betamethasone is 10 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 16 +/- 3 pg/ml. Kathryn T Robinson and Rogelio Marquez Jr. are the owners of record for horse “Political Attraction

For Josue Ponce’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 3, 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 13, 2019 , through March 27, 2019, inclusive.
    3. During said time of applicable suspension Josue Ponce 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 Josue Ponce 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 Josue Ponce 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 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: JOSUE PONCE Ruling Date: 4/1/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-139-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 3/13/2019 Suspension End: 3/27/2019
Ruling Text: Appeal Submitted to Commission by Daniel Marquez for Ruling #2019-SUN-139 -
Name: JOSUE PONCE Ruling Date: 2/18/2021
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-139-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 3/13/2019 Suspension End: 3/27/2019
Ruling Text: 2.18.21 - RE: 2019-SUN-139 - Ruling Final Outcome - Dismissed by Commission

BEFORE THE STATE OF NEW MEXICO RACING COMMISSION

IN THE MATTER OF THE APPEAL OF: TRAINER JOSUE PONCE (ID#159033) FOR RULING #2019-SUN-139 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282524 HORSE “POLITICAL ATTRACTION”

IN THE MATTER OF THE APPEAL OF: OWNER KATHRYN T. ROBINSON (ID#161195) FOR RULING #2019-SUN-140 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282524 HORSE “POLITICAL ATTRACTION”

IN THE MATTER OF THE APPEAL OF: OWNER ROGELIO MARQUEZ, JR. (ID#161177) FOR RULING #2019-SUN-142 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282524 HORSE “POLITICAL ATTRACTION”

Respondents.

ORDER OF DISMISSAL
THIS MATTER came before the New Mexico Racing Commission (“Commission”) at a regular meeting held on November 19, 2020, on review of the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations. A formal evidentiary hearing was held in this matter on August 13, 2020 by designated Hearing Officer Kevin Fitzwater. The Administrative Prosecutor was Mark Swanson, Esq. Respondent was represented by Daniel A. Marquez, Esq. Having familiarized itself with the transcript of the August 13, 2020 hearing, the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations, the exhibits admitted into evidence and all pleadings filed in the above-referenced cause of action, a quorum of the Commission voted to issue an Order to Remand this matter to the Hearing Officer to receive testimony from Dr. Scott Waterman. The Order to Remand was issued on December 21, 2020. However, pursuant to the Commission’s authority under 15.2.1.9(C)(16), it may dismiss a proceeding on its own motion for reasons that are just and reasonable. Therefore, the Commission issues the following:
FINDINGS OF FACT The Commission adopts the Hearing Officer’s Findings of Fact from the Hearing Officer’s Report and such findings are hereby attached an incorporated by reference into this Decision and Order as Exhibit 1, Hearing Officer’s Report, Findings of Fact and Conclusions of Law and Recommendations, September 9, 2020.
      1. On July 8, 2018, the horse “Political Attraction” raced in the sixth (6th) race (trial race) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      2. On July 21, 2018, the horse “Political Attraction” raced in the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      3. On those days, Josue Ponce, Respondent, who holds a license issued by the Commission, was the trainer of the horse “Political Attraction”.
      4. On those days, Kathryn T. Robinson, Respondent, who holds a license issued by the Commission, was the owner of the horse “Political Attraction”.
      5. On those days, Rogelio Marquez, Jr., Respondent, who holds a license issued by the Commission, was also the owner of the horse “Political Attraction”.
      6. Upon completion of the sixth (6th) race at Ruidoso Downs Racetrack and pursuant to 15.2.6.10(A), “Political Attraction” was designated by the racetrack Board of Stewards (“Stewards”) to have a blood sample taken at the test barn.
      7. A blood sample was collected from “Political Attraction” in the test barn and assigned sample #E282524.
      8. “Political Attraction” was tested in conformity with the established procedures under the supervision of Dr. Richard Mobley.
      9. The integrity of the chain of custody was maintained throughout and the sample was shipped via FedEx bonded courier to Industrial Laboratories (“the Laboratory”) in Wheat Ridge, Colorado.
      10. Upon receipt, sample #E282524 was tested by the Laboratory using established procedures and protocol, and screened for the presence of drugs by the method of liquid chromatography/mass spectrometry/mass spectrometry.
      11. The Laboratory identified the presence of Betamethasone in the sample at a level of 16.0 plus or minus 2.0 pg/ml.
      12. At the time sample #E282524 was taken and tested, a level of Betamethasone in the sample at a level above 16.0 pg/ml was a banned substance.
      13. By letter dated July 27, 2018, notices were delivered individually to Respondents Josue Ponce, Kathryn T. Robinson, and Rogelio Marquez, Jr. which informed them of the positive test for Betamethasone and of potential disciplinary penalties and of their right to have a split sample tested.
      14. The Respondent Josue Ponce requested that the split sample be tested.
      15. The split sample tested at 16 plus or minus 3 pg/ml.
      16. Dr. Fenger’s report includes the information provided to her that a veterinarian administered 30 mg of Betamethasone to the horse “Political Attraction” seven days before the race on July 8, 2018.
      17. If so, that dosing period was in conformity with ARCI Controlled Therapeutic Medication Schedule for Horses.
      18. On June 22, 2018, the Commission began using the Laboratory to test samples for horses racing within its jurisdiction.
      19. Prior to the Laboratory, the Commission contracted with the University of California Davis to conduct testing on samples for horses racing within its jurisdiction.
      20. The Commission held hearings prior to the change.
      21. Dr. Petra Hartmann, the Director of the Laboratory, met and/or spoke with representatives and members of the New Mexico Horsemen’s Association and with veterinarians associated with the horse racing industry.
      22. Representations were made that no changes in medication administration were warranted, as testing protocols would be unchanged.
CONCLUSIONS OF LAW
      1. This matter came proper before the Commission in accordance with NMSA 1978, Sections 60-1A-4(A)(8) and 60-1A-5(C)(7) (as amended through 2007), and the Hearing Officer held this as a de novo hearing.
      2. Notice was properly given and the Commission has jurisdiction over the Respondents.
      3. The Commission rules are intended to “protect the integrity of horse racing, to ensure the health and welfare of races horses and to safeguard the interests of the public and participants in racing.” See 15.2.6.6 NMAC.
      4. Pursuant to the Commission’s rules, when the penalty assessed against a licensee for a medication or drug violation in a trial race results in a disqualification and loss of purse, the licensee is subject to the same penalties for any race for which the trial race was conducted. The race on July 8, 2018 was a trial race. See 15.2.6.9(A)(7) NMAC.
      5. Pursuant to the Commission’s rules, a positive test for a prohibited drug, medication or substance, as reported by a Commission approved laboratory, is prima facie evidence of a violation absent substantial evidence to the contrary. See 15.2.6.11(A) NMAC.
      6. A level of Betamethasone above 10 pg/ml is prohibited from being present in racehorses. NMSA 1978, Section 60-1A-11(E) and 15.2.6.9 NMAC.
      7. The presence of Betamethasone in the sample above 10.0 pg/ml is prima facie evidence of a violation. NMSA 1978, Section 60-1A-11(E), 15.2.6.9 NMAC, 15.2.6.11(A) NMAC.
      8. Pursuant to the Commission’s rules, 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. See 15.2.6.11(A) NMAC.
      9. 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.
      10. Pursuant to the Commission’s rules, the presence of Betamethasone above 10.0 pg/ml is classified as a Class 4C violation. See 15.2.6.9(B)(1). The penalty for a trainer’s second Class 4C violation is a minimum fine of $1,500.00 and a 15-day suspension absent mitigating circumstances.
      11. Pursuant to the Commission’s rules, the penalty for an owner’s first Class 4C (major) violation is disqualification of the horse, loss of purse, and the horse must pass a commission-approved exam before being eligible to run.
      12. Substantial evidence exists to find that Respondent’s actions violated the Commission’s rules at 15.2.6.9 NMAC, 15.2.6.11(A) NMAC and the Horse Racing Act, NMSA 1978, Section 60-1A-11.
ORDER IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that based on these Findings of Fact and Conclusions of Law, the Commission hereby adopts the Hearing Officer’s Recommendations and orders:
      1. For trainer Josue Ponce a minimum fine of $1,500.00 and a fifteen (15) day suspension.
      2. For owners Kathryn T. Robinson and Rogelio Marquez, Jr., disqualification of the horse, loss of purse, and the horse must pass a commission-approved exam before being eligible to run.
      3. However, mitigating circumstances exist, as described in the Hearing Officer’s Report and as adopted herein, which warrant a dismissal of the violations in the case of Sample #E282524 against Trainer Josue Ponce, Owner Rogelio Marquez, Jr. and Owner Kathryn Robinson.
      4. The Commission shall immediately release all purse monies due to Owners Rogelio Marquez, Jr. and Kathryn Robinson for the horse “Politicial Attraction.” “Political Attraction” ran on July 8, 2018, in the sixth (6th) race (trial race) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      5. The Commission shall immediately release all purse monies due to Owners Rogelio Marquez, Jr. and Kathryn Robinnson for the horse “Political Attraction.” “Political Attraction” ran on July 21, 2018, in the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in second (2nd) place.
      6. The final results of the sixth (6th) race (trial race) at Ruidoso Downs on July 8, 2018 should be as follows:

PLACE HORSE # HORSE NAME 1 5 Political Attraction 2 7 Jess Move You 3 6 Wagon Chick V 4 8 Invisible Cartel 5 1 Tough Dynasty 6 2 One Quick Wagon 7 3 Corleonni 8 4 Apolliperfection

G. The final results of the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs on July 21, 2018 should be as follows:

PLACE HORSE # HORSE NAME 1 2 Political Attraction 2 8 Hes Limitless 3 3 Papaws Paint 4 10 Hotstepper 5 1 Df Aj Green Leaves 6 9 Hawkeye 7 6 Jess Move You 8 4 Sixes Crystal 9 7 Piloto Strong 10 5 Flight Force

So ordered on this 18th day of February, 2021.

Original signed by: David "Hossie" Sanchez VICE-CHAIRMAN OF NEW MEXICO RACING COMMISSION

JUDICIAL REVIEW This Order constitutes a final decision for purposes of initiating any contemplated judicial review pursuant to Rule 1-075 NMRA. Pursuant to Rule 1-075 NMRA, a party aggrieved by a final decision or order of the Commission may appeal the decision to the District Court by filing a Petition for Writ of Certiorari with proof of service, within thirty (30) days of the date of filing this Order. Any pleadings filed with the District Court must be served on the Board’s counsel, Assistant Attorney General Delilah Tenorio.

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent on this 18th day of February, 2021 via electronic mail to:

Daniel A. Marquez, Esq. Attorney for Respondents dan@damlawoffice.com

Mark Swanson, Assistant Attorney General Administrative Prosecutor mswanson@nmag.gov

Denise M. Chavez, Paralegal New Mexico Racing Commission

Name: Michael Barber Ruling Date: 3/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-137 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Michael Barber; having been duly notified and represented by his attorney A. Blair Dunn before the Board Of Stewards on March 1, 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 E276436 taken from the 2nd place finisherMulberry” following the 1st race, on July 13, 2018, at the Downs at Albuquerque Race Track.

The original lab report indicated a finding of Dexamethasone at 85.3 +/- 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 trainer, and confirmed by TVMDL at 43 +/- 8 pg/ml.

Peter A. Hladky is the owner of record for horse “Mulberry

For Michael Barber’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: Michael Barber Ruling Date: 3/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-137-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-137 - Appeal Submitted to Commission; received 3/5/2019 @ 223pm KF
Name: KATHYRN T ROBINSON Ruling Date: 3/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-140 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Kathryn T. Robinson was duly notified and was represented by her attorney Daniel Marquez, Esq. before the Board of Stewards on March 2, 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 therapeutic drug, Betamethasone (class 4C MAJOR penalty drug) found in test sample E282524. The test sample was taken from the first place finisher, Political Attraction”, following the 6th race on July 8, 2018 at Ruidoso Downs racetrack.

The original lab report indicated a finding of Betamethasone at a level of 16.0 ± 2.0 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 a provided in 15.2.6.10 (D) NMAC, were afforded to the trainer and confirmed by TVMDL at a level of 16 ± 3 pg/ml.

Josue Ponce, was the trainer of record for horse, “Political Attraction”, at the time of this violation.

For owner Kathryn T. Robinson’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. The horse “Political Attraction ” must pass a commission approved examination before being eligible to enter.
        2. The horse “Political Attraction ” is hereby disqualified from first place and ordered unplaced from the 6th Trial race (Rainbow Quarter Horse Derby Trial) on July 8, 2018 at Ruidoso Downs Racetrack as well as disqualified from 1st place and ordered unplaced from the final (Rainbow Quarter Horse Derby Race 10) which ran on July 21, 2018, Per 15.2.1.9 B 3 d. for all but pari-mutuel wagering. The purse redistribution is as follows.
Trial July 8, 2018 Race 6 Final July 21, 2018 Race 10
    1. Jess Move You 1. Papaws Paint
    2. Wagon Chick V 2. Hotstepper
    3. Invisible Cartel 3. Df Aj Green Leaves
    4. Tough Dynasty 123 4. Hawkeye
    5. One Quick Wagon 5. Jess Move You
    6. Corleonni 6. Sixes Crystal
    7. Apolliperfection 7. Piloto Strong
Unplaced Political Attraction 8. Flight Force Unplaced Political Attraction Unplaced Hes Limitless per ruling 2019-SUN-42

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 / 15.2.6.9(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.” 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: KATHYRN T ROBINSON Ruling Date: 4/1/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-140-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Appeal Submitted to Commission by Attorney Daniel Marquez on Ruling #2019-SUN-140 -
Name: KATHYRN T ROBINSON Ruling Date: 2/18/2021
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-140-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: 2.18.21 - RE: 2019-SUN-140 - Ruling Final Outcome - Dismissed by Commission

BEFORE THE STATE OF NEW MEXICO RACING COMMISSION

IN THE MATTER OF THE APPEAL OF: TRAINER JOSUE PONCE (ID#159033) FOR RULING #2019-SUN-139 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282524 HORSE “POLITICAL ATTRACTION”

IN THE MATTER OF THE APPEAL OF: OWNER KATHRYN T. ROBINSON (ID#161195) FOR RULING #2019-SUN-140 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282524 HORSE “POLITICAL ATTRACTION”

IN THE MATTER OF THE APPEAL OF: OWNER ROGELIO MARQUEZ, JR. (ID#161177) FOR RULING #2019-SUN-142 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282524 HORSE “POLITICAL ATTRACTION”

Respondents.

ORDER OF DISMISSAL
THIS MATTER came before the New Mexico Racing Commission (“Commission”) at a regular meeting held on November 19, 2020, on review of the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations. A formal evidentiary hearing was held in this matter on August 13, 2020 by designated Hearing Officer Kevin Fitzwater. The Administrative Prosecutor was Mark Swanson, Esq. Respondent was represented by Daniel A. Marquez, Esq. Having familiarized itself with the transcript of the August 13, 2020 hearing, the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations, the exhibits admitted into evidence and all pleadings filed in the above-referenced cause of action, a quorum of the Commission voted to issue an Order to Remand this matter to the Hearing Officer to receive testimony from Dr. Scott Waterman. The Order to Remand was issued on December 21, 2020. However, pursuant to the Commission’s authority under 15.2.1.9(C)(16), it may dismiss a proceeding on its own motion for reasons that are just and reasonable. Therefore, the Commission issues the following:
FINDINGS OF FACT The Commission adopts the Hearing Officer’s Findings of Fact from the Hearing Officer’s Report and such findings are hereby attached an incorporated by reference into this Decision and Order as Exhibit 1, Hearing Officer’s Report, Findings of Fact and Conclusions of Law and Recommendations, September 9, 2020.
      1. On July 8, 2018, the horse “Political Attraction” raced in the sixth (6th) race (trial race) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      2. On July 21, 2018, the horse “Political Attraction” raced in the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      3. On those days, Josue Ponce, Respondent, who holds a license issued by the Commission, was the trainer of the horse “Political Attraction”.
      4. On those days, Kathryn T. Robinson, Respondent, who holds a license issued by the Commission, was the owner of the horse “Political Attraction”.
      5. On those days, Rogelio Marquez, Jr., Respondent, who holds a license issued by the Commission, was also the owner of the horse “Political Attraction”.
      6. Upon completion of the sixth (6th) race at Ruidoso Downs Racetrack and pursuant to 15.2.6.10(A), “Political Attraction” was designated by the racetrack Board of Stewards (“Stewards”) to have a blood sample taken at the test barn.
      7. A blood sample was collected from “Political Attraction” in the test barn and assigned sample #E282524.
      8. “Political Attraction” was tested in conformity with the established procedures under the supervision of Dr. Richard Mobley.
      9. The integrity of the chain of custody was maintained throughout and the sample was shipped via FedEx bonded courier to Industrial Laboratories (“the Laboratory”) in Wheat Ridge, Colorado.
      10. Upon receipt, sample #E282524 was tested by the Laboratory using established procedures and protocol, and screened for the presence of drugs by the method of liquid chromatography/mass spectrometry/mass spectrometry.
      11. The Laboratory identified the presence of Betamethasone in the sample at a level of 16.0 plus or minus 2.0 pg/ml.
      12. At the time sample #E282524 was taken and tested, a level of Betamethasone in the sample at a level above 16.0 pg/ml was a banned substance.
      13. By letter dated July 27, 2018, notices were delivered individually to Respondents Josue Ponce, Kathryn T. Robinson, and Rogelio Marquez, Jr. which informed them of the positive test for Betamethasone and of potential disciplinary penalties and of their right to have a split sample tested.
      14. The Respondent Josue Ponce requested that the split sample be tested.
      15. The split sample tested at 16 plus or minus 3 pg/ml.
      16. Dr. Fenger’s report includes the information provided to her that a veterinarian administered 30 mg of Betamethasone to the horse “Political Attraction” seven days before the race on July 8, 2018.
      17. If so, that dosing period was in conformity with ARCI Controlled Therapeutic Medication Schedule for Horses.
      18. On June 22, 2018, the Commission began using the Laboratory to test samples for horses racing within its jurisdiction.
      19. Prior to the Laboratory, the Commission contracted with the University of California Davis to conduct testing on samples for horses racing within its jurisdiction.
      20. The Commission held hearings prior to the change.
      21. Dr. Petra Hartmann, the Director of the Laboratory, met and/or spoke with representatives and members of the New Mexico Horsemen’s Association and with veterinarians associated with the horse racing industry.
      22. Representations were made that no changes in medication administration were warranted, as testing protocols would be unchanged.
CONCLUSIONS OF LAW
      1. This matter came proper before the Commission in accordance with NMSA 1978, Sections 60-1A-4(A)(8) and 60-1A-5(C)(7) (as amended through 2007), and the Hearing Officer held this as a de novo hearing.
      2. Notice was properly given and the Commission has jurisdiction over the Respondents.
      3. The Commission rules are intended to “protect the integrity of horse racing, to ensure the health and welfare of races horses and to safeguard the interests of the public and participants in racing.” See 15.2.6.6 NMAC.
      4. Pursuant to the Commission’s rules, when the penalty assessed against a licensee for a medication or drug violation in a trial race results in a disqualification and loss of purse, the licensee is subject to the same penalties for any race for which the trial race was conducted. The race on July 8, 2018 was a trial race. See 15.2.6.9(A)(7) NMAC.
      5. Pursuant to the Commission’s rules, a positive test for a prohibited drug, medication or substance, as reported by a Commission approved laboratory, is prima facie evidence of a violation absent substantial evidence to the contrary. See 15.2.6.11(A) NMAC.
      6. A level of Betamethasone above 10 pg/ml is prohibited from being present in racehorses. NMSA 1978, Section 60-1A-11(E) and 15.2.6.9 NMAC.
      7. The presence of Betamethasone in the sample above 10.0 pg/ml is prima facie evidence of a violation. NMSA 1978, Section 60-1A-11(E), 15.2.6.9 NMAC, 15.2.6.11(A) NMAC.
      8. Pursuant to the Commission’s rules, 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. See 15.2.6.11(A) NMAC.
      9. 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.
      10. Pursuant to the Commission’s rules, the presence of Betamethasone above 10.0 pg/ml is classified as a Class 4C violation. See 15.2.6.9(B)(1). The penalty for a trainer’s second Class 4C violation is a minimum fine of $1,500.00 and a 15-day suspension absent mitigating circumstances.
      11. Pursuant to the Commission’s rules, the penalty for an owner’s first Class 4C (major) violation is disqualification of the horse, loss of purse, and the horse must pass a commission-approved exam before being eligible to run.
      12. Substantial evidence exists to find that Respondent’s actions violated the Commission’s rules at 15.2.6.9 NMAC, 15.2.6.11(A) NMAC and the Horse Racing Act, NMSA 1978, Section 60-1A-11.
ORDER IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that based on these Findings of Fact and Conclusions of Law, the Commission hereby adopts the Hearing Officer’s Recommendations and orders:
      1. For trainer Josue Ponce a minimum fine of $1,500.00 and a fifteen (15) day suspension.
      2. For owners Kathryn T. Robinson and Rogelio Marquez, Jr., disqualification of the horse, loss of purse, and the horse must pass a commission-approved exam before being eligible to run.
      3. However, mitigating circumstances exist, as described in the Hearing Officer’s Report and as adopted herein, which warrant a dismissal of the violations in the case of Sample #E282524 against Trainer Josue Ponce, Owner Rogelio Marquez, Jr. and Owner Kathryn Robinson.
      4. The Commission shall immediately release all purse monies due to Owners Rogelio Marquez, Jr. and Kathryn Robinson for the horse “Politicial Attraction.” “Political Attraction” ran on July 8, 2018, in the sixth (6th) race (trial race) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      5. The Commission shall immediately release all purse monies due to Owners Rogelio Marquez, Jr. and Kathryn Robinnson for the horse “Political Attraction.” “Political Attraction” ran on July 21, 2018, in the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in second (2nd) place.
      6. The final results of the sixth (6th) race (trial race) at Ruidoso Downs on July 8, 2018 should be as follows:

PLACE HORSE # HORSE NAME 1 5 Political Attraction 2 7 Jess Move You 3 6 Wagon Chick V 4 8 Invisible Cartel 5 1 Tough Dynasty 6 2 One Quick Wagon 7 3 Corleonni 8 4 Apolliperfection

G. The final results of the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs on July 21, 2018 should be as follows:

PLACE HORSE # HORSE NAME 1 2 Political Attraction 2 8 Hes Limitless 3 3 Papaws Paint 4 10 Hotstepper 5 1 Df Aj Green Leaves 6 9 Hawkeye 7 6 Jess Move You 8 4 Sixes Crystal 9 7 Piloto Strong 10 5 Flight Force

So ordered on this 18th day of February, 2021.

Original signed by: David "Hossie" Sanchez VICE-CHAIRMAN OF NEW MEXICO RACING COMMISSION

JUDICIAL REVIEW This Order constitutes a final decision for purposes of initiating any contemplated judicial review pursuant to Rule 1-075 NMRA. Pursuant to Rule 1-075 NMRA, a party aggrieved by a final decision or order of the Commission may appeal the decision to the District Court by filing a Petition for Writ of Certiorari with proof of service, within thirty (30) days of the date of filing this Order. Any pleadings filed with the District Court must be served on the Board’s counsel, Assistant Attorney General Delilah Tenorio.

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent on this 18th day of February, 2021 via electronic mail to:

Daniel A. Marquez, Esq. Attorney for Respondents dan@damlawoffice.com

Mark Swanson, Assistant Attorney General Administrative Prosecutor mswanson@nmag.gov

Denise M. Chavez, Paralegal New Mexico Racing Commission

Name: Peter A Hladky Ruling Date: 2/10/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-82 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Peter A. Hladky was duly notified, failed to appear or respond and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on February 10, 2019. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4C major), found in test sample #E276436. The test sample was taken from the second place finisher Mulberry” following the 1st race on July 13, 2018 at the Downs of Albuquerque Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 85.3 +/- 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 (89 +/- 8 pg/ml) TVMDL.

Michael Barber is the trainer of record for the horse “Mulberry”.

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

        1. The horse “Mulberry” is hereby disqualified from second place and ordered unplaced from the 1st race on July 13, 2018 at the Downs of Albuquerque Racetrack for all but pari-mutuel wagering.

The purse redistribution is as follows

                                1. Acute Lil Devil
                                2. The Tizzler
                                3. Allied Kid
                                4. Swaybelle
                                5. M.J’s Secret
                                6. Twilightinpriddis
                                7. American Proud
Unplaced “Mulberry”

2. The horse “Mulberry” 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)(4) 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: JOHN ALLEN STINEBAUGH Ruling Date: 1/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-41 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 1/31/2019 Suspension End: 2/14/2019
Ruling Text: Trainer: John A. Stinebaugh having been duly notified and having appeared before the Board Of Stewards on January 22, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), found in test sample E282517 taken from the 1st place finisherHes Limitless” following the 3rd trial race (Rainbow Quarter Horse Derby Trial) on July 8, 2018, at Ruidoso Downs Race Track.

The original lab report indicated a finding of Dexamethasone at 22.8 +/- 2.2 pg/ml in the blood, which exceeds the limit of 5.0 mcg/ml making it a 4C major. A split sample was sent and confirmed at (43 +/- 7 pg/ml) by Texas A&M TVMDL Veterinary Medical Diagnostic Labratory.

John L. Smith is the owner of record for horse “Hes Limitless

For John A. Stinebaugh’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 February 21, 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 January 31, 2019, through February 14, 2019, inclusive.

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

Licensee is found in violation of and 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: 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 ALLEN STINEBAUGH Ruling Date: 1/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-41-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 1/31/2019 Suspension End: 2/14/2019
Ruling Text: RE: 2019-SUN-41 - Modified Ruling Trainer: John A. Stinebaugh having been duly notified and having appeared before the Board Of Stewards on January 22, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), found in test sample E282517 taken from the 1st place finisherHes Limitless” following the 3rd trial race (Rainbow Quarter Horse Derby Trial) on July 8, 2018, at Ruidoso Downs Race Track.

The original lab report indicated a finding of Dexamethasone at 22.8 +/- 2.2 pg/ml in the blood, which exceeds the limit of 5.0 pg/ml making it a 4C major. A split sample was sent and confirmed at (43 +/- 7 pg/ml) by Texas A&M TVMDL Veterinary Medical Diagnostic Labratory.

John L. Smith is the owner of record for horse “Hes Limitless

For John A. Stinebaugh’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 February 21, 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 January 31, 2019, through February 14, 2019, inclusive.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8 B (1)(e) The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. 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: 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 ALLEN STINEBAUGH Ruling Date: 1/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-41-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 1/31/2019 Suspension End: 2/14/2019
Ruling Text: RE: 2019-SUN-41 - Appeal Submitted to Commission; Appeal Submitted to Main Commission Office by Gabriela Escobar
Name: JOHN ALLEN STINEBAUGH Ruling Date: 2/18/2021
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-41-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 1/31/2019 Suspension End: 2/14/2019
Ruling Text: 2.19.21 - RE: 2019-SUN-41 - Ruling Final Outcome - Dismissed by Commission

BEFORE THE STATE OF NEW MEXICO RACING COMMISSION

IN THE MATTER OF THE APPEAL OF: TRAINER JOHN A. STINEBAUGH (ID#7101) FOR RULING #2019-SUN-41 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282517 HORSE “HES LIMITLESS”

IN THE MATTER OF THE APPEAL OF: OWNER JOHN L. SMITH (ID#4786) FOR RULING #2019-SUN-42 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282517 HORSE “HES LIMITLESS”

Respondents.

ORDER OF DISMISSAL
THIS MATTER came before the New Mexico Racing Commission (“Commission”) at a regular meeting held on November 19, 2020, on review of the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations. A formal evidentiary hearing was held by remote communication in this matter on September 10, 2020 by designated Hearing Officer Kevin Fitzwater. The Administrative Prosecutor was Mark Swanson, Esq. Respondent was represented by Gene Chavez, Esq. Having familiarized itself with the transcript of the September 10, 2020 hearing, the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations, the exhibits admitted into evidence and all pleadings filed in the above-referenced cause of action, a quorum of the Commission voted to issue an Order to Remand this matter to the Hearing Officer to receive testimony from Dr. Scott Waterman. The Order to Remand was issued on December 21, 2020. However, pursuant to the Commission’s authority under 15.2.1.9(C)(16), it may dismiss a proceeding on its own motion for reasons that are just and reasonable. Therefore the Commission issues the following:

FINDINGS OF FACT The Commission adopts the Hearing Officer’s Findings of Fact from the Hearing Officer’s Report and such findings are hereby attached an incorporated by reference into this Decision and Order as Exhibit 1, Hearing Officer’s Report, Findings of Fact and Conclusions of Law and Recommendations, October 7, 2020.
      1. On July 8, 2018, the horse “Hes Limitless” raced in the third (3rd) race (trial race) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      2. On July 21, 2018, the horse “Hes Limitless” raced in the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in second (2nd) place.
      3. On those days, John Stinebaugh, Respondent, who holds a license issued by the Commission, was the trainer of the horse “Hes Limitless”.
      4. On those days, John Smith, Respondent, who holds a license issued by the Commission, was the owner of the horse “Hes Limitless”.
      5. Upon completion of the tenth (10th) race at Ruidoso Downs Racetrack and pursuant to 15.2.6.10(A), “Hes Limitless” was designated by the racetrack Board of Stewards (“Stewards”) to have a blood sample taken at the test barn.
      6. A blood sample was collected from “Hes Limitless” in the test barn and assigned sample #E282517.
      7. “Hes Limitless” was tested in conformity with the established procedures under the supervision of Dr. Richard Mobley.
      8. The integrity of the chain of custody was maintained throughout and the sample was shipped via FedEx bonded courier to Industrial Laboratories (“the Laboratory”) in Wheat Ridge, Colorado.
      9. Upon receipt, sample #E282517 was tested by the Laboratory using established procedures and protocol, and screened for the presence of drugs by the method of liquid chromatography/mass spectrometry/mass spectrometry.
      10. The Laboratory identified the presence of Dexamethasone in the sample at a level of 22.8 plus or minus 2.2 pg/ml.
      11. At the time sample #E282517 was taken and tested, a level of Dexamethasone in the sample at a level above 5.0 pg/ml was a banned substance.
      12. By letter dated July 26, 2018, notices were delivered individually to Respondents Trainer John Stinebaugh and Owner John Smith which informed them of the positive test for Dexamethasone and of potential disciplinary penalties and of their right to have a split sample tested.
      13. The Respondent Trainer John Stinebaugh requested that the split sample be tested.
      14. The split sample tested at 43.7 plus or minus 7 pg/ml.
      15. Dr. Clement administered Dexamethasone to the horse “Hes Limitless” in conformity with the ARCI guidelines before the July 8, 2018 race.
      16. On June 22, 2018, the Commission began using the Laboratory to test samples for horses racing within its jurisdiction.
      17. Prior to the Laboratory, the Commission contracted with the University of California Davis to conduct testing on samples for horses racing within its jurisdiction.
      18. The Commission held hearings prior to the change.
      19. Dr. Petra Hartmann, the Director of the Laboratory, met and/or spoke with representatives and members of the New Mexico Horsemen’s Association and with veterinarians associated with the horse racing industry.
      20. Representations were made that no changes in medication administration were warranted, as testing protocols would be unchanged.
CONCLUSIONS OF LAW
      1. This matter came proper before the Commission in accordance with NMS 1978, Sections 60-1A-4(A)(8) and 60-1A-5(C)(7) (as amended through 2007), and the Hearing Officer held this as a de novo hearing.
      2. Notice was properly given and the Commission has jurisdiction over the Respondents.
      3. The Commission rules are intended to “protect the integrity of horse racing, to ensure the health and welfare of races horses and to safeguard the interests of the public and participants in racing.” See 15.2.6.6 NMAC.
      4. Pursuant to the Commission’s rules, when the penalty assessed against a licensee for a medication or drug violation in a trial race results in a disqualification and loss of purse, the licensee is subject to the same penalties for any race for which the trial race was conducted. The race on July 8, 2018 was a trial race. See 15.2.6.9(A)(7) NMAC.
      5. Pursuant to the Commission’s rules, a positive test for a prohibited drug, medication or substance, as reported by a Commission approved laboratory, is prima facie evidence of a violation absent substantial evidence to the contrary. See 15.2.6.11(A) NMAC.
      6. A level of Dexamethasone above 5 pg/ml is prohibited from being present in racehorses. NMSA 1978, Section 60-1A-11(E) and 15.2.6.9 NMAC.
      7. The presence of Dexamethasone in the sample above 5.0 pg/ml is prima facie evidence of a violation. NMSA 1978, Section 60-1A-11(E), 15.2.6.9 NMAC, 15.2.6.11(A) NMAC.
      8. Pursuant to the Commission’s rules, 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. See 15.2.6.11(A) NMAC.
      9. 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.
      10. Pursuant to the Commission’s rules, the presence of Dexamethasone above 5.0 pg/ml is classified as a Class 4C violation. See 15.2.6.9(B)(1). The penalty for a trainer’s first Class 4C violation is a minimum fine of $1,500.00 and a 15-day suspension absent mitigating circumstances.
      11. Pursuant to the Commission’s rules, the penalty for an owner’s first Class 4C (major) violation is disqualification of the horse, loss of purse, and the horse must pass a commission-approved exam before being eligible to run.
      12. Substantial evidence exists to find that Respondent’s actions violated the Commission’s rules at 15.2.6.9 NMAC, 15.2.6.11(A) NMAC and the Horse Racing Act, NMSA 1978, Section 60-1A-11.
ORDER IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that based on these Findings of Fact and Conclusions of Law, the Commission hereby adopts the Hearing Officer’s Recommendations and orders:
      1. For trainer John A. Stinebaugh, a minimum fine of $1,500.00 and a fifteen (15) day suspension.
      2. For owners John Smith, disqualification of the horse, loss of purse, and the horse must pass a commission-approved exam before being eligible to run.
      3. However, mitigating circumstances exist, as described in the Hearing Officer’s Report and as adopted herein, which warrant a dismissal of the violations in the case of Sample #E282517 against Trainer John A. Stinebaugh and Owner John Smith.
      4. The Commission shall immediately release all purse monies due to Owner John Smith for the horse “Hes Limitless.” “Hes Limitless” ran on July 8, 2018, in the third (3rd) race (trial race) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      5. The Commission shall immediately release all purse monies due to Owner John Smith for the horse “Hes Limitless.” “Hes Limitless” ran on July 21, 2018, in the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in second (2nd) place.
      6. The final results of the third (3rd) race (trial race) at Ruidoso Downs on July 8, 2018 should be as follows:

PLACE HORSE # HORSE NAME
1 8 Hes Limitless
2 7 This Is A Deal Too
3 2 Scoopie Jess
4 3 Heza Streakin Legacy
5 6 Apollitical Heart
6 5 Paint On Canvas 7 1 Overhauling 8 4 Aeropodium

G. The final results of the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs on July 21, 2018 should be as follows:

PLACE HORSE # HORSE NAME 1 2 Political Attraction 2 8 Hes Limitless 3 3 Papaws Paint 4 10 Hotstepper 5 1 Df Aj Green Leaves 6 9 Hawkeye 7 6 Jess Move You 8 4 Sixes Crystal 9 7 Piloto Strong 10 5 Flight Force

So ordered on this 18th day of February, 2021.

Original signed by: David "Hossie" Sanchez VICE-CHAIRMAN OF NEW MEXICO RACING COMMISSION

JUDICIAL REVIEW This Order constitutes a final decision for purposes of initiating any contemplated judicial review pursuant to Rule 1-075 NMRA. Pursuant to Rule 1-075 NMRA, a party aggrieved by a final decision or order of the Commission may appeal the decision to the District Court by filing a Petition for Writ of Certiorari with proof of service, within thirty (30) days of the date of filing this Order. Any pleadings filed with the District Court must be served on the Board’s counsel, Assistant Attorney General Delilah Tenorio.

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent on this 18th day of February, 2021 via electronic mail to:

Gene Chavez, Esq. Attorney for Respondents gene@chavezlawoffices.com

Mark Swanson, Assistant Attorney General Administrative Prosecutor mswanson@nmag.gov

Denise M. Chavez, Paralegal New Mexico Racing Commission

Name: JOHN LOUIS SMITH Ruling Date: 1/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-42 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner John L. Smith was duly notified and responded before the Board of Stewards via telephone on January 22, 2019. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4C major), found in test sample #E282517. The test sample was taken from the First place finisher Hes Limitless” following the 3rd trial race (Rainbow Quarter Horse Derby Trial) on July 8, 2018 at Ruidoso Downs Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 22.8 +/- 2.2 pg/ml in the blood, which exceeds the limit of 5.0 mcg/ml making it a 4C major. A split sample was sent by trainer and confirmed at (43 +/- 7 pg/ml) by Texas A&M TVMDL Veterinary Medical Diagnostic Laboratory. .

John A. Stinebaugh, the trainer of record for horse “Hes Limitless”, was duly notified and appeared for his hearing on January 22, 2019.

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

        1. The horse “Hes Limitless” is hereby disqualified from first place and ordered unplaced from the 3rd Trial race (Rainbow Quarter Horse Derby Trial) on July 8, 2018 at Ruidoso Downs Racetrack as well as disqualified from 2nd place and ordered unplaced from the final (Rainbow Quarter horse Derby Race 10) which ran on July 21, 2018, Per 15.2.1.9 B 3 d. for all but pari-mutuel wagering.
The purse redistributions are as follow Trial July 8, 2018 Race 3 Final July 21, 2018 Race 10
        1. This is a Deal Too 1. Political Attraction
        2. Scoopie Jess 2. Papaws Paint
        3. Heza Streakin Legacy 3. Hotstepper
        4. Apollitical Heart 4. Df Aj Green Leaves
        5. Paint on Canvas 5. Hawkeye
        6. Overhauling 6. Jess Move You
        7. Aeropodium 7. Sixes Crystal
Unplaced Hes Limitless 8. Piloto Strong 9. Flight Force Unplaced Hes Limitless
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 / 15.2.6.9(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: JOHN LOUIS SMITH Ruling Date: 1/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-42-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-42 - Modified Ruling

Owner John L. Smith was duly notified and responded before the Board of Stewards via telephone on January 22, 2019. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4C major), found in test sample #E282517. The test sample was taken from the First place finisher Hes Limitless” following the 3rd trial race (Rainbow Quarter Horse Derby Trial) on July 8, 2018 at Ruidoso Downs Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 22.8 +/- 2.2 pg/ml in the blood, which exceeds the limit of 5.0 pg/ml making it a 4C major. A split sample was sent by trainer and confirmed at (43 +/- 7 pg/ml) by Texas A&M TVMDL Veterinary Medical Diagnostic Laboratory.

John A. Stinebaugh, the trainer of record for horse “Hes Limitless”, was duly notified and appeared for his hearing on January 22, 2019.

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

        1. The horse “Hes Limitless” is hereby disqualified from first place and ordered unplaced from the 3rd Trial race (Rainbow Quarter Horse Derby Trial) on July 8, 2018 at Ruidoso Downs Racetrack as well as disqualified from 2nd place and ordered unplaced from the final (Rainbow Quarter horse Derby Race 10) which ran on July 21, 2018, Per 15.2.1.9 B 3 d. for all but pari-mutuel wagering.
The purse redistributions are as follow Trial July 8, 2018 Race 3 Final July 21, 2018 Race 10
        1. This is a Deal Too 1. Political Attraction
        2. Scoopie Jess 2. Papaws Paint
        3. Heza Streakin Legacy 3. Hotstepper
        4. Apollitical Heart 4. Df Aj Green Leaves
        5. Paint on Canvas 5. Hawkeye
        6. Overhauling 6. Jess Move You
        7. Aeropodium 7. Sixes Crystal
Unplaced Hes Limitless 8. Piloto Strong 9. Flight Force Unplaced Hes Limitless
Licensee is found to be in violation of and this ruling is written in accordance with 15.2.3.8 B (1)(e) The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules.15.2.3.8(B)(1)(3)(f)(g)(j)Stewards /15.2.6.9(C)(4) 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: JOHN LOUIS SMITH Ruling Date: 1/31/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-42-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-42 - Appeal Submitted to Commission

Appeal was received at the NMRC Albuquerque Office by Gabriela Escobar on 1/31/19 at 2:12 PM

Name: JOHN LOUIS SMITH Ruling Date: 2/18/2021
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-42-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: 2.18.21 - RE: 2019-SUN-42 - Ruling Final Outcome - Dismissed by Commission

BEFORE THE STATE OF NEW MEXICO RACING COMMISSION

IN THE MATTER OF THE APPEAL OF: TRAINER JOHN A. STINEBAUGH (ID#7101) FOR RULING #2019-SUN-41 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282517 HORSE “HES LIMITLESS”

IN THE MATTER OF THE APPEAL OF: OWNER JOHN L. SMITH (ID#4786) FOR RULING #2019-SUN-42 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #E282517 HORSE “HES LIMITLESS”

Respondents.

ORDER OF DISMISSAL
THIS MATTER came before the New Mexico Racing Commission (“Commission”) at a regular meeting held on November 19, 2020, on review of the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations. A formal evidentiary hearing was held by remote communication in this matter on September 10, 2020 by designated Hearing Officer Kevin Fitzwater. The Administrative Prosecutor was Mark Swanson, Esq. Respondent was represented by Gene Chavez, Esq. Having familiarized itself with the transcript of the September 10, 2020 hearing, the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations, the exhibits admitted into evidence and all pleadings filed in the above-referenced cause of action, a quorum of the Commission voted to issue an Order to Remand this matter to the Hearing Officer to receive testimony from Dr. Scott Waterman. The Order to Remand was issued on December 21, 2020. However, pursuant to the Commission’s authority under 15.2.1.9(C)(16), it may dismiss a proceeding on its own motion for reasons that are just and reasonable. Therefore the Commission issues the following:

FINDINGS OF FACT The Commission adopts the Hearing Officer’s Findings of Fact from the Hearing Officer’s Report and such findings are hereby attached an incorporated by reference into this Decision and Order as Exhibit 1, Hearing Officer’s Report, Findings of Fact and Conclusions of Law and Recommendations, October 7, 2020.
      1. On July 8, 2018, the horse “Hes Limitless” raced in the third (3rd) race (trial race) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      2. On July 21, 2018, the horse “Hes Limitless” raced in the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in second (2nd) place.
      3. On those days, John Stinebaugh, Respondent, who holds a license issued by the Commission, was the trainer of the horse “Hes Limitless”.
      4. On those days, John Smith, Respondent, who holds a license issued by the Commission, was the owner of the horse “Hes Limitless”.
      5. Upon completion of the tenth (10th) race at Ruidoso Downs Racetrack and pursuant to 15.2.6.10(A), “Hes Limitless” was designated by the racetrack Board of Stewards (“Stewards”) to have a blood sample taken at the test barn.
      6. A blood sample was collected from “Hes Limitless” in the test barn and assigned sample #E282517.
      7. “Hes Limitless” was tested in conformity with the established procedures under the supervision of Dr. Richard Mobley.
      8. The integrity of the chain of custody was maintained throughout and the sample was shipped via FedEx bonded courier to Industrial Laboratories (“the Laboratory”) in Wheat Ridge, Colorado.
      9. Upon receipt, sample #E282517 was tested by the Laboratory using established procedures and protocol, and screened for the presence of drugs by the method of liquid chromatography/mass spectrometry/mass spectrometry.
      10. The Laboratory identified the presence of Dexamethasone in the sample at a level of 22.8 plus or minus 2.2 pg/ml.
      11. At the time sample #E282517 was taken and tested, a level of Dexamethasone in the sample at a level above 5.0 pg/ml was a banned substance.
      12. By letter dated July 26, 2018, notices were delivered individually to Respondents Trainer John Stinebaugh and Owner John Smith which informed them of the positive test for Dexamethasone and of potential disciplinary penalties and of their right to have a split sample tested.
      13. The Respondent Trainer John Stinebaugh requested that the split sample be tested.
      14. The split sample tested at 43.7 plus or minus 7 pg/ml.
      15. Dr. Clement administered Dexamethasone to the horse “Hes Limitless” in conformity with the ARCI guidelines before the July 8, 2018 race.
      16. On June 22, 2018, the Commission began using the Laboratory to test samples for horses racing within its jurisdiction.
      17. Prior to the Laboratory, the Commission contracted with the University of California Davis to conduct testing on samples for horses racing within its jurisdiction.
      18. The Commission held hearings prior to the change.
      19. Dr. Petra Hartmann, the Director of the Laboratory, met and/or spoke with representatives and members of the New Mexico Horsemen’s Association and with veterinarians associated with the horse racing industry.
      20. Representations were made that no changes in medication administration were warranted, as testing protocols would be unchanged.
CONCLUSIONS OF LAW
      1. This matter came proper before the Commission in accordance with NMS 1978, Sections 60-1A-4(A)(8) and 60-1A-5(C)(7) (as amended through 2007), and the Hearing Officer held this as a de novo hearing.
      2. Notice was properly given and the Commission has jurisdiction over the Respondents.
      3. The Commission rules are intended to “protect the integrity of horse racing, to ensure the health and welfare of races horses and to safeguard the interests of the public and participants in racing.” See 15.2.6.6 NMAC.
      4. Pursuant to the Commission’s rules, when the penalty assessed against a licensee for a medication or drug violation in a trial race results in a disqualification and loss of purse, the licensee is subject to the same penalties for any race for which the trial race was conducted. The race on July 8, 2018 was a trial race. See 15.2.6.9(A)(7) NMAC.
      5. Pursuant to the Commission’s rules, a positive test for a prohibited drug, medication or substance, as reported by a Commission approved laboratory, is prima facie evidence of a violation absent substantial evidence to the contrary. See 15.2.6.11(A) NMAC.
      6. A level of Dexamethasone above 5 pg/ml is prohibited from being present in racehorses. NMSA 1978, Section 60-1A-11(E) and 15.2.6.9 NMAC.
      7. The presence of Dexamethasone in the sample above 5.0 pg/ml is prima facie evidence of a violation. NMSA 1978, Section 60-1A-11(E), 15.2.6.9 NMAC, 15.2.6.11(A) NMAC.
      8. Pursuant to the Commission’s rules, 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. See 15.2.6.11(A) NMAC.
      9. 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.
      10. Pursuant to the Commission’s rules, the presence of Dexamethasone above 5.0 pg/ml is classified as a Class 4C violation. See 15.2.6.9(B)(1). The penalty for a trainer’s first Class 4C violation is a minimum fine of $1,500.00 and a 15-day suspension absent mitigating circumstances.
      11. Pursuant to the Commission’s rules, the penalty for an owner’s first Class 4C (major) violation is disqualification of the horse, loss of purse, and the horse must pass a commission-approved exam before being eligible to run.
      12. Substantial evidence exists to find that Respondent’s actions violated the Commission’s rules at 15.2.6.9 NMAC, 15.2.6.11(A) NMAC and the Horse Racing Act, NMSA 1978, Section 60-1A-11.
ORDER IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that based on these Findings of Fact and Conclusions of Law, the Commission hereby adopts the Hearing Officer’s Recommendations and orders:
      1. For trainer John A. Stinebaugh, a minimum fine of $1,500.00 and a fifteen (15) day suspension.
      2. For owners John Smith, disqualification of the horse, loss of purse, and the horse must pass a commission-approved exam before being eligible to run.
      3. However, mitigating circumstances exist, as described in the Hearing Officer’s Report and as adopted herein, which warrant a dismissal of the violations in the case of Sample #E282517 against Trainer John A. Stinebaugh and Owner John Smith.
      4. The Commission shall immediately release all purse monies due to Owner John Smith for the horse “Hes Limitless.” “Hes Limitless” ran on July 8, 2018, in the third (3rd) race (trial race) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in first (1st) place.
      5. The Commission shall immediately release all purse monies due to Owner John Smith for the horse “Hes Limitless.” “Hes Limitless” ran on July 21, 2018, in the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in second (2nd) place.
      6. The final results of the third (3rd) race (trial race) at Ruidoso Downs on July 8, 2018 should be as follows:

PLACE HORSE # HORSE NAME
1 8 Hes Limitless
2 7 This Is A Deal Too
3 2 Scoopie Jess
4 3 Heza Streakin Legacy
5 6 Apollitical Heart
6 5 Paint On Canvas 7 1 Overhauling 8 4 Aeropodium

G. The final results of the tenth (10th) race (Rainbow Derby Grade 1) at Ruidoso Downs on July 21, 2018 should be as follows:

PLACE HORSE # HORSE NAME 1 2 Political Attraction 2 8 Hes Limitless 3 3 Papaws Paint 4 10 Hotstepper 5 1 Df Aj Green Leaves 6 9 Hawkeye 7 6 Jess Move You 8 4 Sixes Crystal 9 7 Piloto Strong 10 5 Flight Force

So ordered on this 18th day of February, 2021.

Original signed by: David "Hossie" Sanchez VICE-CHAIRMAN OF NEW MEXICO RACING COMMISSION

JUDICIAL REVIEW This Order constitutes a final decision for purposes of initiating any contemplated judicial review pursuant to Rule 1-075 NMRA. Pursuant to Rule 1-075 NMRA, a party aggrieved by a final decision or order of the Commission may appeal the decision to the District Court by filing a Petition for Writ of Certiorari with proof of service, within thirty (30) days of the date of filing this Order. Any pleadings filed with the District Court must be served on the Board’s counsel, Assistant Attorney General Delilah Tenorio.

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent on this 18th day of February, 2021 via electronic mail to:

Gene Chavez, Esq. Attorney for Respondents gene@chavezlawoffices.com

Mark Swanson, Assistant Attorney General Administrative Prosecutor mswanson@nmag.gov

Denise M. Chavez, Paralegal New Mexico Racing Commission

Name: JOSUE PONCE Ruling Date: 10/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-49 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 Josue Ponce was duly notified and , 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 October 14, 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 E282493. The test sample was taken from the SECOND place finisher AMERICAN HUSSLE” following the 2nd race on July 7, 2018, at Ruidoso Downs, NM.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 132±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 Josue Ponce.

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

For Josue Ponce’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 14, 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: JOHN ALLEN STINEBAUGH Ruling Date: 7/22/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-76 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer John A. Stinebaugh was duly notified and appeared before the Board of Stewards on July 22, 2018, for a hearing that was continued from July 15, 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 NM33041. The test sample was taken from the second place finisher One Famous Stone” following the 12th race on May 26, 2018, at Ruidoso Downs, NM.

The certificate of analysis from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 56 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). Dexamethasone was confirmed at 41.8±2.4 pg/ml in the blood of the split sample sent to Industrial Laborities on June 22, 2018.

Pedro Aguado and Jose J. Espinoza, the owners of record for horse “One Famous Stone”, were duly notified and failed to appear for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is their FIRST Class 4C MAJOR medication violation in a 365-day period .

For John A. Stinebaugh’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 August 22, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time may result in an immediate suspension.

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: JOHN ALLEN STINEBAUGH Ruling Date: 8/31/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-76-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-RUI-76 - Appeal Submitted
Name: JOHN ALLEN STINEBAUGH Ruling Date: 12/17/2020
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-76-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-RUI-76 - Penalty Affirmed - NOTE: Ruling # is incorrect on signed D&O; should be: 2019-RUI-76

BEFORE THE STATE OF NEW MEXICO RACING COMMISSION

IN THE MATTER OF THE APPEAL OF: TRAINER JOHN A. STINEBAUGH (ID#7101) FOR RULING #2019-SUN-76 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS FOR POSITIVE SAMPLE #NM33041 HORSE “ONE FAMOUS STONE”

Respondent.

DECISION AND ORDER
THIS MATTER came before the New Mexico Racing Commission (“Commission”) at a regular meeting held on November 19, 2020, on review of the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations. A formal evidentiary hearing was held in person on January 23, 2020 and by remote communication in this matter on September 3, 2020 by designated Hearing Officer Kevin Fitzwater. The Administrative Prosecutor was Mark Swanson, Esq. Respondent was represented by Daniel Marquez, Esq. Having familiarized itself with the transcripts of the January 23, 2020 and September 3, 2020 hearing, the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations, the exhibits admitted into evidence and all pleadings filed in the above-referenced cause of action, a quorum of the Commission voted unanimously to adopt the Hearing Officer’s Report, Findings of Fact, Conclusions of Law and Recommendations. Pursuant to the Horse Racing Act, NMSA 1978, Sections 60-1A-1 through -30, and the Commission’s rules and regulations which appear at NMAC 15.2.1 through 15.2.7 and NMAC 16.47.1, the Board issues the following.
FINDINGS OF FACT The Commission adopts the Hearing Officer’s Findings of Fact from the Hearing Officer’s Report and such findings are hereby attached an incorporated by reference into this Decision and Order as Exhibit 1, Hearing Officer’s Report, Findings of Fact and Conclusions of Law and Recommendations, September 30, 2020.
      1. On May 26, 2018, the horse “One Famous Stone” raced in the twelfth (12th) race (trial race) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in second (2nd) place.
      2. On June 10, 2018, the horse “One Famous Stone” raced in the tenth (10th) race (Ruidoso Futurity Grade 1) at Ruidoso Downs Racetrack located in Ruidoso Downs, New Mexico and finished in tenth (10th) place.
      3. On those days, John Stinebaugh, Respondent, who holds a license issued by the Commission, was the trainer of the horse “One Famous Stone”.
      4. On those days, Jose Espinoza and Pedro Aguado, who both hold a license issued by the Commission, were the owners of the horse “One Famous Stone”. The owners did not appeal the medication violation ruling.
      5. Upon completion of the twelfth (12th) race at Ruidoso Downs Racetrack and pursuant to 15.2.6.10(A), “One Famous Stone” was designated by the racetrack Board of Stewards (“Stewards”) to have a blood sample taken at the test barn.
      6. A blood and urine sample was collected from “One Famous Stone” in the test barn and assigned sample #NM33041.
      7. “One Famous Stone” was tested in conformity with the established procedures under the supervision of Dr. Richard Mobley.
      8. The integrity of the chain of custody was maintained throughout and the sample was shipped via FedEx bonded courier to Industrial Laboratories (“the Laboratory”) in Wheat Ridge, Colorado.
      9. Upon receipt, sample #NM33041 was tested by the Laboratory using established procedures and protocol, and screened for the presence of drugs by the method of liquid chromatography/mass spectrometry/mass spectrometry.
      10. The Laboratory identified the presence of Dexamethasone in the sample at a level of 56 pg/ml.
      11. At the time sample #NM33041 was taken and tested, a level of Dexamethasone in the sample at a level above 5.0 pg/ml was prohibited.
      12. By letter dated June 7, 2018, a notice was delivered individually to Respondent Trainer John Stinebaugh which informed him of the positive test for Dexamethasone and of potential disciplinary penalties and of his right to have a split sample tested.
      13. The Respondent Trainer John Stinebaugh requested that the split sample be tested.
      14. The split sample tested at 41.8 plus or minus 2.4 pg/ml.
CONCLUSIONS OF LAW
A. This matter came proper before the Commission in accordance with NMS 1978, Sections 60-1A-4(A)(8) and 60-1A-5(C)(7) (as amended through 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 races horses and to safeguard the interests of the public and participants in racing.” See 15.2.6.6 NMAC.

D. Pursuant to the Commission’s rules, when the penalty assessed against a licensee for a medication or drug violation in a trial race results in a disqualification and loss of purse, the licensee is subject to the same penalties for any race for which the trial race was conducted. The race on May 26, 2018 was a trial race. See 15.2.6.9(A)(7) NMAC.

E. Pursuant to the Commission’s rules, a positive test for a prohibited drug, medication or substance, as reported by a Commission approved laboratory, is prima facie evidence of a violation absent substantial evidence to the contrary. See 15.2.6.11(A) NMAC.

F. A level of Dexamethasone above 5.0 pg/ml is prohibited from being present in racehorses. See NMSA 1978, Section 60-1A-11(E) and 15.2.6.9 NMAC.

G. The presence of Dexamethasone in sample #NM33041 at a level of 56.0 pg/ml is prima facie evidence of a violation. See NMSA 1978, Section 60-1A-11(E), 15.2.6.9 NMAC, 15.2.6.11(A) NMAC.

H. Pursuant to the Commission’s rules, 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. See 15.2.6.11(A) NMAC.

J. 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. Pursuant to the Commission’s rules, the presence of Dexamethasone above 5.0 pg/ml is classified as a Class 4C violation. See 15.2.6.9(B)(1). The penalty for a trainer’s first Class 4C violation is a minimum fine of $1,500.00 and a 15-day suspension absent mitigating circumstances.

K. Substantial evidence exists to find that Respondent’s actions violated the Commission’s rules at 15.2.6.9 NMAC, 15.2.6.11(A) NMAC and the Horse Racing Act, NMSA 1978, Section 60-1A-11.

L. Respondent questioned Dr. Mobley about his routine procedure of collecting blood samples in all cases. Additionally, counsel for Respondent pointed out the discrepancies between the procedure of UC Davis in pooling samples, screening in urine and testing in blood. Dr. Fenger testified as to her opinion that the adopted standard of acceptable Dexamethasone (prohibited over 5 pg/ml) was arbitrary and not founded in science. Additionally, she believes environmental contamination is to be considered.

M. However, the Hearing Officer was unpersuaded that any alleged discrepancies in the procedures render the validity of the test unreliable. Dr. Fenger’s opinion that the allowed threshold is arbitrary does not invalidate the statute or the Commission’s rules and regulations. Moreover, Dr. Fenger acknowledged that every state has adopted the same standard dosage of Dexamethasone.

N. Any speculation about possible environmental contamination was not supported by any evidence presented at the hearing on September 3, 2020.

ORDER IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that based on these Findings of Fact and Conclusions of Law, the Commission hereby adopts the Hearing Officer’s Recommendations and imposes the following fines and penalties: Trainer John Stinebaugh, a $1,000.00 fine. So ordered on this 17th day of December, 2020.

Original signed by: Beverly Bourguet, Chairwoman NEW MEXICO RACING COMMISSION

JUDICIAL REVIEW This Order constitutes a final decision for purposes of initiating any contemplated judicial review pursuant to Rule 1-075 NMRA. Pursuant to Rule 1-075 NMRA, a party aggrieved by a final decision or order of the Commission may appeal the decision to the District Court by filing a Petition for Writ of Certiorari with proof of service, within thirty (30) days of the date of filing this Order. Any pleadings filed with the District Court must be served on the Board’s counsel, Assistant Attorney General Delilah Tenorio.

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent on this 18th day of December, 2020 via electronic mail to:

Daniel Marquez, Esq. Attorney for Respondents dan@damlawoffice.com

Mark Swanson, Assistant Attorney General Administrative Prosecutor mswanson@nmag.gov

Denise M. Chavez, Paralegal New Mexico Racing Commission

Name: GERALD E ALMODOVAR Ruling Date: 9/29/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-135 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey, Gerald Almodovar, Permit; #135689, SS(xxx-xx-9660), is hereby fined $250.00 (TWO HUNDRED FIFTY DOLLARS) , for violation of Rule of Racing, Number 178-1-45.7.c.1, which reads: “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.” Jockey Gerald Almodovar swerved inward while not clear and caused interference to “Cashton Peak” during the stretch run in the Second Race, September, 23, 2017. Jockey Almodovar’s mount “Emblem’s Estate” was disqualified from 2nd and placed 5th.

Name: JOSEPH BONGIORNO Ruling Date: 9/7/2017
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2017-FRE-27 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 25 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Driver Joe Bongiorno is hereby fined the sum of twenty-five ($25.00) dollars.
 
You did drive with a wheel inside the "Hubless Rail" pylons, while driving #2 "Torrid Bromac N' in the 6th race at Freehold Raceway on Saturday, September 2, 2017.
 
Violation of NJAC Rule 13:71-20.6(a)10  Driving in a careless manner
Name: LYN DEE VENHAM Ruling Date: 7/15/2014
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2014-CT-145 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
horse tested positive for Methocarbamol at 3.43 ng



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