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. >11/13/2017<

234 Total Rulings compiled at: 11/18/2017 12:34:40 AM G.M.T.

Name: MICHAEL EUGENE JONES Ruling Date: 11/17/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-153 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer, Michael E. Jones, Permit #11997; SS# xxx-xx6653, is hereby fined Two-Hundred ($200) Dollars for violation of West Virginia Rule of Racing Number 178-1-44.17., which reads in part: “A horse is ineligible to start in a race when there is no current test certificate for Equine Infectious Anemia (EIA) attached to its breed registration certificate or proof of a negative test certificate is not otherwise available.” Trainer, Michael E. Jones failed to provide a Valid Coggins for the horse, “Masons Dream” in the Sixth Race on Thursday, November 16, 2017, necessitating a late scratch. All fines imposed by the Stewards shall be paid to the Racing Commission within seven (7) calendar days after the ruling is issued, unless otherwise ordered by the Stewards, Per Rule of Racing Number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of five-Hundred ($500.00) Dollars
Name: JESUS GONZALEZ-PEREZ Ruling Date: 11/17/2017
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2017-PRM-98 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/17/2017 Suspension End:
Ruling Text:
Owner Jesus Gonzalez-Perez was suspended for one year and fined one thousand dollars ($1000.00) in ruling 45903 dated October 14, 2017.  Gonzalez-Perez has failed to pay his fine.  Therefore, it is recommended to the Iowa Racing and Gaming Commission that Jesus Gonzalez-Perez remains suspended until said fine is paid.    
Name: RENE DION Ruling Date: 11/16/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-44 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 11/27/2017 Suspension End: 12/11/2017
Ruling Text: The Board of Judges hereby order you a full suspension, including all horses owned or trained, wholly or in part by you, for violation of the Trainer's Responsibility insofar as your horse "FLANAGANS MEMORY" had a positive post-race test disclosing the presence of Pyrilamine from the 2nd race on Friday, July, 28, 2017. The period of suspension will be for fifteen (15) days, November 27, 2017, through December 11, 2017 inclusive. Mr. Dion is also fined the sum of five hundred ($500.00) dollars.

During the period of suspension Mr. Dion is denied the privileges of all grounds under the jurisdiction of the New Jersey Racing Commission.

The horse finished 2nd and is disqualified from sharing in the purse. The purse is ordered to be redistributed among the eligible horses.

Violation of NJ.A.C Rule 13:71-23.7(7) Disqualification and denial of purse

Violation of N.J.A.C. Rule 13:71-23.6(a)(b)(c)(d) Protecting against drug administration. "The owner, trainer, veterinarian, groom or any other persons who are charged with the custody, care and responsibility of the horse, are all obligated to protect and guard the horse against the administration of any drug or substances foreign to natural horse."

Name: JASON ROBERT THOMPSON Ruling Date: 11/16/2017
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2017-NDP-246 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Thompson was late for the breath analyzer test for race 1 on 11/14/17. O.S.R.C.-3769-14-22  14-50  14-99
Name: MARCUS DREW MILLER Ruling Date: 11/16/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-35 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. Marcus Miller failed to fulfill his driving obligations, resulting in a late driver changes, when programmed to drive:

Race 3 #6 "COUSIN BEA" Race 4 #5 "HEAVENLY BRIDE" Race 6 #6 "KING'S CAVALIER"

Mr. Miller's actions are in violation of N.J.A.C. Rule 13:71-7.29(a)2 as a result, he is fined one hundred ($100.00) dollars per late change or a total of three hundred ($300.00) dollars.

Name: HERMAN HAGERMAN Ruling Date: 11/16/2017
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2017-NDP-245 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Hagerman allowed inaccurate information to be programed on #5 Warrior Call in race 4 on 11/13/17 by entering the horse prior to the transfer of ownership being completed. O.S.R.C.-3769-15-06(B)  15-33(E)  15-99
Name: DOUGLAS R. McNAIR Ruling Date: 11/16/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-33 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. McNair is hereby fined the sum of three hundred ($300.00) dollars.

While driving #4 DR J HANOVER in the 11th race on Saturday, July 8, 2017, Mr. McNair did drive in a careless manner, allowing his horse to drift out, changing course in the stretch, causing #9 CHECK SIX to hook his wheel which resulted in multiple interferences among the trailing horses.

#4 DR J HANOVER finished 7th, disqualified and placed 10th.

Violation of N.J.A.C. Rule 13:71-20.6(a) 1,2,4,5,8,9,10

Name: Diana Garfias Ruling Date: 11/15/2017
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Energy Downs
Ruling Number: 2017-ED-10 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 400 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Ruling No. #17-0032
In the Disciplinary Matter of Diana Garfias WPMC#17-0461 Trainer

Upon report from Truesdail Laboratories, Inc. blood sample number 70124, taken from “Speedy Elvis”, which finished second (2nd) in the eight (8th) race on Sunday, October 1, 2017, at Energy Downs showed the presence of Dexamethasone. The sample was analyzed using utilizing liquid chromatography mass spectrometry (LC-MS) and was confirmed for Dexamethasone at a level of 14.4 ± 0.2 picograms / ml.

Trainer Diana Garfias requested an informal hearing before the Wyoming Board of Stewards. Pursuant to the State of Wyoming Commission Rules of Pari-Mutuel Events Chapter 3, Section 4, informal Steward’s Hearing (a). An informal hearing commenced at approximately 1:10 p.m. on November 15, 2017, regarding the alleged violation of a positive test for Dexamethasone.

The Board of Stewards for the Wyoming Pari-Mutuel Commission heard evidence, testimony and mitigating circumstances on Wednesday, November 15, 2017. The Board of Stewards found Trainer Diana Garfias to be in violation of Chapter 2, Section 2 (q)-Absolute Insurer, Chapter 8, Section 2, Medication procedures for Race Horses. For this violation, Trainer Diana Garfias is hereby fined $400.00.

WPMC Rule: Chapter 5, Section 1, Subsection (0), all fines are due and payable to the WPMC within 48 hours of imposition.

STATE OF WYOMING BOARD OF STEWARDS: Bill Brown / Tom Davis / Chris Walsh

Name: JAMES E. DENNIS Ruling Date: 11/15/2017
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-068-17 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Driver James Eddie Dennis is issued a 3 days driving suspension (November 16, 20 and 21, 2017) for causing interference to #6, MISS REAL ESTATE in the stretch while driving #4, ANGIE HANOVER who finished second and was placed fourth. DHRC: 7.6.13.13 Appeals are due within 48 hours of written rule.
Name: JAMES ROBERT SKIMBO Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-089 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR JAMES R. SKIMBO PLED ''NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "HR HAMMER WAGON", THE 1ST PLACE FINISHER IN THE 4TH RACE AT WRD ON 10/13/2017, TESTING POSITIVE FOR THE DRUG METHYLPREDNISOLONE, IN EXCESS. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. SKIMBO BE FINED $500.00. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM THE 1ST PLACE AND SHALL REMAIN UNPLACED IN THE 4TH RACE AT WRD ON 10/13/2017.
Name: LARRY CARL CLEVENGER Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-077 Ruling Type: Race Office/Track Rule Violation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR LARRY CARL CLEVENGER PLED "NO CONTEST" FOR NAMING JOCKEY OSCAR DELGADO ON THE HORSE, "INSPIRIO" IN THE 10TH RACE ON 10/28/2017, WITHOUT FIRST OBTAINING HIS CALL. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. CLEVENGER BE FINED $100.00.
Name: GUILLERMO VALDIVIA-ESQUEDA Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-087A Ruling Type: Necessitating a Late Scratch
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR GUILLERMO VALDIVIA-ESQUEDA PLED "NO CONTEST" FOR BRINGING THE WRONG HORSE TO THE PADDOCK FOR THE 6TH RACE AT WRD ON 9/17/2017, NECESSITATING IN A LATE SCRATCH. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. VALDIVIA-ESQUEDA BE FINED $1500.00.
Name: GUILLERMO VALDIVIA-ESQUEDA Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-087 Ruling Type: Necessitating a Late Scratch
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR GUILLERMO VALDIVIA-ESQUEDA PLED "NO CONTEST" FOR BRINGING THE WRONG HORSE TO THE PADDOCK FOR THE 6TH RACE AT WRD ON 9/17/2017, NECESSITATING IN A LATE SCRATCH. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. VALDIVIA-ESQUEDA BE FINED $1500.00.
Name: MITCHELL ANTHONY NICHOLS Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-086 Ruling Type: Necessitating a Late Scratch
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR MITCHEL ANTHONY NICHOLS PLED 'NO CONTEST" FOR BRINGING THE WRONG HORSE TO THE PADDOCK FOR THE 11TH RACE AT WRD ON 9/29/2017, NECESSITATING IN A LATE SCRATCH. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. NICHOLS BE FINED THE SUM OF $1500.00.
Name: ANTHONY T PEREGRIN Ruling Date: 11/14/2017
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2017-NDP-244 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Peregrin has dropped his appeal of ruling NFLD-2017-165. The penalty remains the same.The fine of $1,000.00 and purse return of $1,750.00 must be paid by December 1, 2017. O.S.R.C.-3769-18-01(B)(1)(a)  18-02  18-99
Name: SIMON ALLARD Ruling Date: 11/14/2017
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-067-17 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 Simon Allard is fined $200.00 for laying back in the race bike before and after the 3/4 pole in the 10 race at Dover Downs on November 9, 2017. DHRC rule: 7.6.13.1.16. All fines are to be paid within 10 days of written rule.
Name: RONALD DAVID Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-085 Ruling Type: Employment Violation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: ON 10/31/2017, IT CAME FOR HEARING THE COMPLAINT AGAINST OWNER/TR RONALD G. DAVID JR. ON BEHALF OF THE FMT BOARD OF STEWARDS. MR. DAVID DID SHOW WITHOUT COUNSEL FOR THE COMPLAINT THAT HE HAD AN UNLICENSED GROOM IN THE BARN AREA LEADING A HORSE TO THE WALKER AT FMT ON 6/30/2017. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. DAVID SHALL BE FINED $200.00.
Name: COSME QUIJADA-MORALES Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-081 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR COSME QUIJADA-MORALES PLED ''NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "JL APRILS BOW", THE 1ST PLACE FINISHER IN THE 1ST RACE AT WRD ON 10/20/2017, TESTING POSITIVE FOR THE DRUG DEXAMETHASONE, IN EXCESS. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. QUIJADA-MORALES BE FINED $500.00. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM THE 1ST PLACE AND SHALL REMAIN UNPLACED IN THE 1ST RACE AT WRD ON 10/20/2017.
Name: MANUEL MARTINEZ-ESCOBEDO Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-073 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 11/2/2017 Suspension End: 11/16/2017
Ruling Text: OWNER/TR MANUEL MARTINEZ-ESCOBEDO JR. PLED ''NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "SPECIAL SOUTHERN BAY", THE 2ND PLACE FINISHER IN THE 8TH RACE AT WRD ON 10/6/2017, TESTING POSITIVE FOR THE DRUG THEOPHYLLINE. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. MARTINEZ-ESCOBEDO BE FINED $750.00 AND IS SUSPENDED AND/OR MADE INELIGIBLE FOR LICENSURE FOR 15 DAYS, EFFECTIVE 11/2/2017 THROUGH 11/16/2017. DURING HIS SUSPENSION, MR. MARTINEZ-ESCOBEDO JR. IS DENIED ACCESS TO THE ENCLOSURE OF ALL RACETRACKS AND PUBLIC AREAS UNDER THE OHRC JURISDICTION. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM 2ND PLACE AND SHALL REMAIN UNPLACED IN THE 8TH RACE AT WRD ON 10/6/2017.
Name: ROBERT VERNON MARRS Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-074 Ruling Type: Conduct Detrimental to Racing
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/3/2017 Suspension End:
Ruling Text: ON 11/3/2017, THE WRD BOARD OF STEWARDS FINDS THAT THE PUBLIC HEALTH, SAFETY AND WELFARE IS AT RISK AND REQUIRES EMERGENCY ACTION. THEREFORE, JOCKEY ROBERT V. MARRS IS HEREBY SUMMARILY SUSPENDED EFFECTIVE 11/3/2017, PENDING A HEARING AND FINAL DETERMINATION. MR. MARRS IS DENIED ACCESS TO ALL RACETRACKS AND PUBLIC AREAS UNDER THE OHRC JURISDICTION.
Name: FIDENCIO JIMENEZ-LUNA Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-075 Ruling Type: Necessitating a Late Scratch
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR FIDENCIO JIMENEZ-LUNA PLED 'NO CONTEST' FOR FAILING TO HAVE THE OWNER OF #8 "DANCE AWAY" LICENSED PRIOR TO THE RUNNING OF THE 7TH RACE ON 10/15/2017 AT WRD, NECESSITATING A LATE SCRATCH. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT FIDENCIO JIMENEZ-LUNA BE FINED $200.00.

Name: CESAR EDUARDO GOMEZ-TREVIZO Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-088 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: JOCKEY CESAR E. GOMEZ-TREVIZO PLED "NO CONTEST" FOR FAILURE TO FULFILL HIS RIDING ENGAGEMENTS IN THE 8TH, 9TH AND 11TH RACE AT WRD ON 10/1/2017. IT IS THE ORDER OF THE WRD STEWARDS THAT MR. GOMEZ-TREVIZO SHALL BE FINED $200.00.
Name: LUCIO ESPIRITU Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-078 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: OWNER/TR LUCIO ESPIRITU PLED ''NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "HIGH RATE OF FIRE", THE 2ND PLACE FINISHER IN THE 3RD RACE AT WRD ON 10/8/2017, TESTING POSITIVE FOR THE PROHIBITED DRUG DEXAMETHASONE, IN EXCESS. THEREFORE, CONSIDERING BOTH AGGRAVATING AND MITIGATING CIRCUMSTANCES (2ND OFFENSE FOR A CATEGORY "C" DRUG IN THE PAST 365 DAYS), IT IS THE ORDER OFTHE WRD BOARD OF STEWARDS THAT LUCIO ESPIRITU SHALL BE FINED $1000.00. IT IS ALSO ORDERED THAT THE HORSE IS DISQUALIFIED FROM 2ND PLACE AND SHALL REMAIN UNPLACED IN THE 3RD RACE AT WRD ON 10/8/2017.
Name: GERALD WAYNE REED Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-080 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: OWNER/TR GERALD W. REED PLED ''NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "TELLEM IM ROCKIN", THE 1ST PLACE FINISHER IN THE 12TH RACE AT WRD ON 9/9/2017, TESTING POSITIVE FOR THE DRUG DEXAMETHASONE, IN EXCESS. THE 12TH RACE AT WRD WAS THE BLACK GOLD 350 CHAMPIONSHIP FUTURITY TRIALS AND MEETING THE SPECIFIED REQUIREMENTS ON THAT DAY, THE HORSE QUALIFIED TO ENTER ON 9/24/2017, IN WHICH THE HORSE RAN IN THE 12TH RACE AND FINISHED IN THE 7TH PLACE. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT GERALD W. REED BE FINED $500.00. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM THE 1ST PLACE AND SHALL REMAIN UNPLACED IN THE BLACK GOLD 350 CHAMPIONSHIP FUTURITY FINALS, 12TH RACE AT WRD ON 9/24/2017.
Name: GERALD WAYNE REED Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-082 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: OWNER/TR GERALD W. REED PLED ''NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "EYESA LLANO SENATOR", THE 2ND PLACE FINISHER IN THE 3RD RACE AT WRD ON 9/15/2017, TESTING POSITIVE FOR THE DRUG DEXAMETHASONE, IN EXCESS. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT GERALD W. REED BE FINED $500.00. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM THE 2ND PLACE AND SHALL REMAIN UNPLACED IN THE 3RD RACE AT WRD ON 9/15/2017.
Name: GERALD WAYNE REED Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-083 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: OWNER/TR GERALD W. REED PLED ''NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "DYNASTYDOUBLEFEATURE", THE 2ND PLACE FINISHER IN THE 11TH RACE AT WRD ON 9/15/2017, TESTING POSITIVE FOR THE DRUG DEXAMETHASONE, IN EXCESS. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT GERALD W. REED BE FINED $500.00. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM THE 2ND PLACE AND SHALL REMAIN UNPLACED IN THE 11TH RACE AT WRD ON 9/15/2017.
Name: GERALD WAYNE REED Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-084 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: OWNER/TR GERALD W. REED PLED ''NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "MISS LLANO SENATOR", THE 2ND PLACE FINISHER IN THE 7TH RACE AT WRD ON 9/22/2017, TESTING POSITIVE FOR THE DRUG DEXAMETHASONE, IN EXCESS. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT GERALD W. REED BE FINED $500.00. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM THE 2ND PLACE AND SHALL REMAIN UNPLACED IN THE 7TH RACE AT WRD ON 9/22/2017.
Name: CARLOS CHAVEZ RUIZ Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-079 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR CARLOS RUIZ PLED ''NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "SIR ANGEL", THE 2ND PLACE FINISHER IN THE 8TH RACE AT WRD ON 9/24/2017, TESTING POSITIVE FOR THE DRUG TRIAMCINOLONE ACETONIDE, IN EXCESS. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. RUIZ BE FINED $500.00. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM THE 2ND PLACE AND SHALL REMAIN UNPLACED IN THE 8TH RACE AT WRD ON 9/24/2017.
Name: COREY FRANKLIN CALLAHAN Ruling Date: 11/14/2017
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-066-17 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Cory Calllahan is fined $200.00 for laying back in the race bike before the 3/4 pole in the 3rd race at Dover Downs on November 9, 2017. DHRC rule: 7.6.13.1.16. All fines are to be paied within 10 days of written rule.
Name: ERIK NOE RODRIGUEZ-GARCIA Ruling Date: 11/14/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-076 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR ERIK N. RODRIGUEZ-GARCIA PLED ''NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "REGALIVORY", THE 1ST PLACE FINISHER IN THE 8TH RACE AT WRD ON 10/22/2017, TESTING POSITIVE FOR THE DRUG TRIAMCINOLONE ACETONIDE, IN EXCESS. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. RODRIGUEZ-GARCIA BE FINED $500.00. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM THE 1ST PLACE AND SHALL REMAIN UNPLACED IN THE 8TH RACE AT WRD ON 10/22/2017.
Name: JAMES N CHAVEZ Ruling Date: 11/14/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-171 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Issued in error
Name: MARCUS STEPHAN JOHANSSON Ruling Date: 11/13/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-43 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Johansson is hereby fined the sum of three hundred ($300.00) dollars.

You did use the whip in an excessive, unnecessary and indiscriminate manner while driving #8 "McACE OF ARTS" in the 8th race on Saturday, September 16, 2017.

Violation of NJAC Rule 13:71-20.15

Name: BURTON K SIPP Ruling Date: 11/13/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP020 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 105 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on November 6, 2017, Owner/Trainer Burton Sipp (ADG #21212) is hereby fined ONE HUNDRED ($100.00) plus 5% Race Horse Adoption Fund surcharge for a total of ONE HUNDRED FIVE DOLLARS ($105.00) for failing to have the owner of the horse "A MITEY MAN" properly licensed resulting in a late scratch in the 6th race on November 6, 2017.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by November 17, 2017, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning November 18, 2017 through and inclusive of May 17, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106.A.; A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.; A.A.C. R19-2-111.D.; A.A.C. R19-2-111.D.2.; A.A.C. R19-2-121.E.

Name: ARTHUR DICK III Ruling Date: 11/13/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-40 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. Dick is hereby fined the sum of three hundred ($300.00) dollars.

You did use the whip in an excessive, unnecessary and indiscriminate manner while driving #5 "SOUTHERN SPORT" in the 8th race on Saturday, September 9, 2017.

Violation of NJAC Rule 13:71-20.15

Name: ARTHUR DICK III Ruling Date: 11/13/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-42 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/20/2017 Suspension End: 9/22/2017
Ruling Text: Artie Dick is hereby suspended from driving for a period of three days, September 20, 2017 through September 22, 2017 inclusive.

While driving #8 "BIG STRETCH MARK" in the 5th race on Saturday, September 16, 2017, Mr. Dick did drive in a careless manner and allowed his horse to cross the inner boundaries of the racetrack, leaving the course in an attempt to improve his position in the stretch.

#8 "BIT STRETCH MARK" finished 6th, placed 9th.

Violation of NJAC Rule 13:71-20.6 (a) 10

Name: DAVID MILLER Ruling Date: 11/13/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-39 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/21/2017 Suspension End: 9/24/2017
Ruling Text: Having considering all of the evidence and testimony presented in the administrative hearing conducted on Wednesday, August 30, 2017, the Board of Judges has determined that, while driving #4 "WHAT THE HILL" in the 13th race on Saturday, August 5, 2017, David Miller did drive in a careless manner, changing course in the stretch without full clearance, striking the front foot of a competing horse, #9 "GUARDIAN ANGEL AS" causing #9 "GUARDIAN ANGEL AS" to go off stride thus eliminating the probability of "GUARDIAN ANGEL AS" finishing in an addition money winning position.

Mr. Miller's actions are found to be in violation of N.J.A.C. 13:71-20.6(a)1,2,8,10. As a result, Mr. Miller is hereby suspended from driving for a period of three days, September 21, 2017 through and including September 23, 2017.

Name: MARCUS DREW MILLER Ruling Date: 11/13/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-41 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. Marcus Miller is hereby fined the sum of one hundred ($100.00) dollars.

You did drive in a careless manner and allow your horse to be driven with a wheel inside the "Hubless Rail" pylons, at the top of the stretch, while driving #8 "YO APOLLO CREED" in the 11th race on Friday, September 15, 2017.

Violation of NJAC Rule 13:71-20.6 (a) 10 DRIVING IN A CARELESS MANNER.

Name: Mark McDonald Ruling Date: 11/13/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17- MDH-38 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. MacDonald is hereby fined the sum of three hundred ($300.00) dollars.

You did use the whip in an excessive, unnecessary and indiscriminate manner while driving #3 "PURE COUNTRY" in the 15th race on Saturday, August 5, 2017.

Violation of NJAC Rule 13:71-20.15

Name: TIMOTHY A TETRICK Ruling Date: 11/13/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-34 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. Tetrick is hereby fined the sum of one hundred ($100.00) dollars.

You did drive in a careless manner and allow your horse to be driven with a wheel inside the "Hubless Rail" pylons, at the top of the stretch, while driving #4 "HUNTVILLE" in the 9th race on Saturday, July 15, 2017.

Violation of NJAC Rule 13:71-20.6 (a) 10 DRIVING IN A CARELESS MANNER.

Name: TIMOTHY A TETRICK Ruling Date: 11/13/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-45 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. Tetrick is hereby fined the sum of one hundred ($100.00) dollars.

You did drive in a careless manner and allow your horse to be driven with a wheel inside the "Hubless Rail" pylons, at the top of the stretch, while driving #7 "RING WARRIOR" in the 6th race on Saturday, November 4, 2017.

Violation of NJAC Rule 13:71-20.6 (a) 10 DRIVING IN A CARELESS MANNER.

Name: JENNIFER CHRISTINE FINLEY Ruling Date: 11/12/2017
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2017-DMR-0013 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Veterinarian JENNIFER FINLEY, who treated the horse JUST A LITTLE HOPE in the seventh race at Santa Anita Park on May 29, 2017 is fined FIVE HUNDRED DOLLARS ($500.00)* for violation of California Racing Board rules #1843.1(b) (Prohibited Drug Substance), #1843 (a)(d) (Medications, Drugs and Other Substances) and #1844(c)(1) (Authorized Medication – phenylbutazone (3.85 ug/ml).

Name: Todd Allen Brokken Ruling Date: 11/12/2017
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2017-DMR-0014 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Veterinarian TODD BROKKEN, who treated the horse JUST A LITTLE HOPE in the seventh race at Santa Anita Park on May 29, 2017 is fined FIVE HUNDRED DOLLARS ($500.00)* for violation of California Racing Board rules #1843.1(b) (Prohibited Drug Substance), #1843 (a)(d) (Medications, Drugs and Other Substances) and #1844(c)(1) (Authorized Medication – phenylbutazone (3.85 ug/ml)).
Name: LUIS FERNANDO BOUZA Ruling Date: 11/12/2017
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2017-DMR-0012 Ruling Type: Failure to Report or Appear
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/12/2017 Suspension End:
Ruling Text: Groom Luis Bouza, having failed to respond to a complaint alleging violation of California Horse Racing Board rule #1930 (Obedience to Security Officers and Public Safety Officers) and rule #1889 (Entry to Area Assigned to Trainer) is suspended for violation of California Horse Racing Board rule #1547 (Failure to Appear).

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

Name: ELLISTON ALEXANDER BLACK Ruling Date: 11/12/2017
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2017-DMR-0011 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/12/2017 Suspension End:
Ruling Text: Owner Elliston Black, having appeared before the Board of Stewards at Del Mar Race Track on November 11, 2017 to answer a complaint regarding case 17SA0223, is suspended for violation of California Horse Racing Board rule #1876 (Financial Responsibility - $22,684.92 to Pine Mesa Ranch (Patricia Keeline)).

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

Name: JAVIER J CASTELLANO Ruling Date: 11/11/2017
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2017-DMR-007 Ruling Type: Failure to Report or Appear
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey JAVIER CASTELLANO is fined FIFTY DOLLARS ($50.00)* for violation of the California Horse Racing Board rule #1930 (Obedience to Security Officers and Public Safety Officers) failure to attend film review on November 5, 2017.
Name: JAVIER J CASTELLANO Ruling Date: 11/11/2017
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2017-DMR-008 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey JAVIER CASTELLANO is fined ONE THOUSAND DOLLARS ($1,000.00)* for violation of California Horse Racing Board rule #1688(b)(6) (Use of Riding Crop – more than three times in succession without giving his horse the chance to respond), during the twelfth race (Breeders’ Cup Classic) at Del Mar Race Track on November 4, 2017.
Name: TYLER BAZE Ruling Date: 11/11/2017
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2017-DMR-009 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey TYLER BAZE is fined ONE HUNDRED DOLLARS ($100.00)* for violation of California Horse Racing Board rule #1688(b)(6) (Use of Riding Crop – more than three times in succession without giving the horse a chance to respond – first offense in the last sixty days), during the eighth race at Del Mar Race Track on November 5, 2017, (last offense August 16, 2017).
Name: TYLER BAZE Ruling Date: 11/11/2017
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2017-DMR-010 Ruling Type: Failure to Report or Appear
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey TYLER BAZE is fined FIFTY DOLLARS ($50.00)* for violation of the California Horse Racing Board rule #1930 (Obedience to Security Officers and Public Safety Officers - ) failure to attend film review on November 10, 2017.
Name: JOSEPH FRANCIS RICH Ruling Date: 11/11/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-150 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Groom, Joseph F. Rich III Permit #10815; SS#: xxx-xx-8280, Ruling 143 dated November 1, 2017 has been rescinded without prejudice. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five-Hundred ($500.00) Dollars.
Name: JOSEPH FRANCIS RICH Ruling Date: 11/11/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-151 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/11/2017 Suspension End:
Ruling Text: Groom, Joseph F. Rich, Permit #10815 having been notified by a hand delivered hearing notice and failing to appear at said hearing, Mr Rich is hereby suspended per WV Rule of Racing 178-1-24.3.k. which reads, A permit holder who is a second time violator under this subsection shall be subject to suspension. The permit holder may not apply for reinstatement of his or her permit until such time as he or she has successfully completed a certified drug/alcohol rehabilitation program and has otherwise satisfied the Racing Commission and/or the stewards that he or she is fit to hold a permit. Mr Rich must submit to the Board Of Stewards a clean drug test and enter and complete a certified drug/achohol rehabilitation program before returning to racing. During his suspension, he is denied access to and privilegesof the grounds under the jurisdiction of the West Virginia Racing Commission. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five Hundred ($500.00) Dollars

Name: KENNETH G MCPEEK Ruling Date: 11/10/2017
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #17-0107 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: Kenneth G. McPeek (D.O.B. 8/2/1962)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 00111018 taken from BLUERIDGE TRAVELER, who finished first in the eighth race at Keeneland on October 20, 2017 contained naproxen in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards you are hereby fined FIVE HUNDRED ($500.00) DOLLARS. Pursuant to 810 KAR 1:028 Section 2, subsection (13) “If a person is charged with committing multiple or successive overages involving a Class C or D drug the stewards or the commission may charge the person with only one offense if the person demonstrates that he was not aware that the overages were being administered because the positive test results showing the overages were unavailable to the person charged”. BLUERIDGE TRAVELER is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).

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

BY ORDER OF THE STEWARDS

Name: Ross Maxwell Whipple Ruling Date: 11/10/2017
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #17-0108 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Ross M. Whipple (D.O.B. 6/27/1951)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 00111018 taken from BLUERIDGE TRAVELER, who finished first in the eighth race at Keeneland on October 20, 2017 contained naproxen in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards, BLUERIDGE TRAVELER is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. All purse monies must be returned to the association. The purse of this race is ordered redistributed as follows:

THE OFFICIAL ORDER OF FINISH IS: 1st # 2 CEDARTOWN 2nd # 6 UNCLE MOJO 3rd #10 LEADING CAUSE 4th # 1 TARPON BAY ROAD 5th # 3 BATTLE COLORS 6th # 7 GAIN GROUND 7th # 5 WIN WITH PRIDE

Disqualified # 4 BLUERIDGE TRAVELER

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

BY ORDER OF THE STEWARDS

Name: MATT J HEBERT Ruling Date: 11/10/2017
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 174127 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: TRAINER MATT J. HEBERT IS HEREBY ASSESSED A CIVIL PENALTY OF FIVE-HUNDRED DOLLARS ($500) FOR FAILING TO HAVE WORKERS' COMPENSATION INSURANCE WHEN HE RACED A HORSE AT HAWTHORNE RACE COURSE ON OCTOBER 21, 2017. IRB RULES: 502.200 (B)(3), 502.220, 1402.70
Name: KARL MATTHEW BROBERG Ruling Date: 11/10/2017
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #17-0106 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: Karl M. Broberg (D.O.B. 12/4/1970)

The Board of Stewards has received and reviewed your written protest involving the claim of JOEY B from the first race at Churchill Downs on November 8, 2017. Pursuant to 810 KAR 1:015 Section 1, subsection (17) “Notwithstanding any designation of sex or age appearing on the racing program, or in any racing publication, the claimant of a horse shall be solely responsible for determining the sex or age of the horse claimed.” Therefore, the protest has been denied.

810 KAR 1:004 Section 3, subsection (2) 810 KAR 1:015 Section 1, subsections 12(a)(b)(c) 810 KAR 1:015 Section 1, subsection (17)

By Order of the Stewards

Name: ANTHONY GLENN AREY Ruling Date: 11/17/2017
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22441 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Presented the wrong horse in the paddock for race 3 on November 9, 2017 at Evangeline Downs.
Name: COREY S NAKATANI Ruling Date: 11/10/2017
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2017-DMR-006 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey COREY NAKATANI is fined THREE HUNDRED DOLLARS ($300.00)* for violation of California Horse Racing Board rule #1688(b)(6) (Use of Riding Crop – more than three times in succession without giving the horse a chance to respond – third offense in the last sixty days), during the seventh race at Del Mar Race Track on November 2, 2017, (last offense October 27, 2017).
Name: RICARDO HERNANDEZ Ruling Date: 11/17/2017
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22440 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/18/2017 Suspension End: 11/24/2017
Ruling Text:
Suspended 7 calendar days November 18, 2017 through November 24, 2017 for careless riding aboard JJJ Sizlinpacknsadie  during the running of race 3, November 4, 2017 at Evangeline Downs. Allowed to ride in designated races.  Participation in such race/s extends suspension a like number days.
Name: MATT J HEBERT Ruling Date: 11/9/2017
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 174126 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: HAVING PROVIDED PROOF OF VALID WORKERS' COMPENSATION INSURANCE, TRAINER MATT J. HEBERT IS HEREBY RESTORED TO GOOD STANDING IN ILLINOIS. IRB RULE: 1425.10
Name: KENNETH G MCPEEK Ruling Date: 11/9/2017
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #17-0099 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: Kenneth G. McPeek (D.O.B. 8/2/1962)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 0102485 taken from AUNTIE’S THE ONE, who finished first in the second race at Keeneland on October 19, 2017 contained naproxen in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards you are hereby fined FIVE HUNDRED ($500.00) DOLLARS. AUNTIE’S THE ONE is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).

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

BY ORDER OF THE STEWARDS

Name: WESLEY GENE HO Ruling Date: 11/9/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-149 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, Wesley Ho, Permit #11998; SS# xxx-xx-4102, is suspended for Three (3) Racing Days, beginning Thursday, November 16, through and including Saturday, November 18, 2017 for violation of rule of Racing 178-1-45.7.b.1 which reads, “A jockey shall not ride carelessly or willfully so as to permit his or her mount to interfere with, impede or intimidate any other horses in the race”. Jockey Wesley Ho is suspended for allowing his mount (#5) “Remy’s Rocket” to drift in down the backside, causing interference to (#1) “Like Me Or Not” during the running of the Fifth (5th) race on Thursday, November 9, 2017. “Remy’s Rocket” was disqualified from Third (3rd) position to Eighth (8th) 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: Robert Joseph Atras Ruling Date: 11/9/2017
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #17-0103 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 750 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Rob J. Atras (D.O.B. 2/1/1985)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at UIC Animal Forensic Toxicology Laboratory, sample number 0102250 taken from OUTRUN THE POSSE, who finished first in the first race at Churchill Downs on October 1, 2017 contained isoflupredone at a level of 423 pg/ml in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards you are hereby fined SEVEN HUNDRED FIFTY ($750.00) DOLLARS. Pursuant to 810 KAR 1:028 Section 2, subsection (13) “If a person is charged with committing multiple or successive overages involving a Class C or D drug the stewards or the commission may charge the person with only one offense if the person demonstrates that he was not aware that the overages were being administered because the positive test results showing the overages were unavailable to the person charged”. OUTRUN THE POSSE is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).

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

BY ORDER OF THE STEWARDS

Name: Robert Joseph Atras Ruling Date: 11/9/2017
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #17-0101 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 750 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Rob J. Atras (D.O.B. 2/1/1985)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at UIC Animal Forensic Toxicology Laboratory, sample number 0100787 taken from BETTING MCCANN CAN, who finished tenth in the eleventh race at Churchill Downs on September 23, 2017 contained isoflupredone at a level of 448 pg/ml in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards you are hereby fined SEVEN HUNDRED FIFTY ($750.00) DOLLARS. BETTING MCCANN CAN is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).

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

BY ORDER OF THE STEWARDS

Name: Richard Scott Leeds Ruling Date: 11/9/2017
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #17-0100 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: R. Scott Leeds (D.O.B. 6/2/1965)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 0102485 taken from AUNTIE’S THE ONE, who finished first in the second race at Keeneland on October 19, 2017 contained naproxen in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards, AUNTIE’S THE ONE is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. All purse monies must be returned to the association. The purse of this race is ordered redistributed as follows:

THE OFFICIAL ORDER OF FINISH IS: 1st # 3 MARLINSPIKE 2nd # 5 MOONLIT GARDEN 3rd # 6 LITTLE CODE 4th # 1 GULL ISLAND 5th # 2 SPICE DROP 6th # 7 KAI NALU

Disqualified # 4 AUNTIE’S THE ONE

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

BY ORDER OF THE STEWARDS

Name: MIKE SISK Ruling Date: 11/9/2017
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #17-0102 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Mike Sisk (D.O.B. 12/29/1968)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at UIC Animal Forensic Toxicology Laboratory, sample number 0100787 taken from BETTING MCCANN CAN, who finished tenth in the eleventh race at Churchill Downs on September 23, 2017 contained isoflupredone at a level of 448 pg/ml in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards, BETTING MCCANN CAN is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. All purse monies must be returned to the association. The purse of this race is ordered redistributed as follows: THE OFFICIAL ORDER OF FINISH IS: 1st # 9 RICHIE THE BULL 2nd #10 ROBERTO GATO 3rd # 1 SOLITARY RANGER 4th # 8 BOBBY V. 5th # 2 TIZNOW R J 6th # 4 POSEIDON’S WAY 7th # 3 BEAR’S BIG BOY 8th # 6 FROST OR FRIPPERY 9th # 5 MIDNIGHT SHINE

Disqualified # 7 BETTING MCCANN CAN

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

BY ORDER OF THE STEWARDS

Name: MIKE SISK Ruling Date: 11/9/2017
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #17-0104 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Mike Sisk (D.O.B. 12/29/1968)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at UIC Animal Forensic Toxicology Laboratory, sample number 0102250 taken from OUTRUN THE POSSE, who finished first in the first race at Churchill Downs on October 1, 2017 contained isoflupredone at a level of 423 pg/ml in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards, OUTRUN THE POSSE is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. All purse monies must be returned to the association. The purse of this race is ordered redistributed as follows:

THE OFFICIAL ORDER OF FINISH IS: 1st #1 MONDAY CONFESSION 2nd #4 WARRIOR’S PASSION 3rd # 2 NOSHACKLESHERE 4th # 6 INFINITE MIDNIGHT 5th # 3 ARLEN’S PROSPECT

Disqualified # 5 OUTRUN THE POSSE

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

BY ORDER OF THE STEWARDS

Name: MIKE SISK Ruling Date: 11/9/2017
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #17-0105 Ruling Type: Claiming Irregularities
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Mike Sisk (D.O.B. 12/29/1968)

It is hereby ordered by the Board of Stewards that the claim of BETTING MCCANN CAN from the eleventh race on September 23, 2017 is void pursuant to 810 KAR 1:028 Section 2, subsection (8)(b), having tested positive for a Class C drug. The horse is ordered returned by the claimant, Karl Broberg, to the original owner, Mike Sisk, and all monies involved shall be credited to the proper accounts. In addition, Karl Broberg shall be entitled to reimbursement from Mike Sisk of all reasonable costs associated the claiming process, including the costs of transportation, board, training, veterinary or other medical services, testing, and any other customary or associated costs or fees.

810 KAR 1:028 Section 2, subsection (8)(b)

BY ORDER OF THE STEWARDS

Name: CESAR EDUARDO GOMEZ-TREVIZO Ruling Date: 11/9/2017
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2017-PRM-97 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/18/2018 Suspension End: 8/25/2018
Ruling Text:
On September 17, 2017 Jockey Cesar Gomez-Trevizo was suspended three racing days for careless riding in the sixth race on Saturday, September 16, 2017, ruling 45882.  Gomez-Trevizo appealed said ruling and an appeal date was scheduled for November 8, 2017. Having withdrawn his appeal, the Board hereby re-assigns Jockey Cesar Gomez-Trevizo’s suspension dates.  Jockey Cesar Gomez-Trevizo’s suspension dates shall be the first three racing days of Prairie Meadows Race Track’s 2018 live Quarter Horse Meet.  This suspension shall not prohibit participation in designated races.     
Name: VICTOR KIRBY Ruling Date: 11/8/2017
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-064-17 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Victor Kirby is fined $300.00 for causing interference to #8, BLUEBIRD REVEREND before the 3/4 pole. #9, WINGUS finished 3rd and was placed 8th. DHRC rule: 7.6.13.1.3. All fines are to be paid within 10 days of written rule.
Name: Roger Clemence Overturf Ruling Date: 11/8/2017
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Energy Downs
Ruling Number: 2017-ED-9 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Ruling No. #17-0032 In the Disciplinary Matter of Roger Overturf, WPMC#17-0642 Trainer

Upon report from Truesdail Laboratories, Inc. blood sample number 70048, taken from “Snow Phoenix”, who finished second (2nd) in the Fifth (5th) race on Sunday September 24, 2017, at Energy Downs showed the presence of Flunixin and Phenylbutazone, creating a medication stacking violation. The sample was analyzed using utilizing liquid chromatography mass spectrometry (LC-MS) and was confirmed for Flunixin at a level of 10.6 nanograms/ml and Phenylbutazone at a level of 0.3 micrograms / ml.

Trainer Roger Overturf requested an informal hearing before the Wyoming Board of Stewards. Pursuant to the State of Wyoming Commission Rules of Pari-Mutuel Events Chapter 3, section 4, Informal Steward’s Hearing (a). An informal hearing commenced at approximately 1:15 p.m. on November 8, 2017, regarding the alleged violation of a positive test for stacking of therapeutic medication.

The Wyoming Board of Stewards heard evidence and testimony on Wednesday, November 8, 2017.

Following deliberation, the Board of Stewards hereby finds trainer Roger Overturf to be in violation of WPMC Rule Chapter 2, Section 2, subsection (8) – Absolute Insurer, and Chapter 8, Section (2) - medication procedures for race horses. During Deliberation, the Board of Stewards felt there are mitigating circumstances that should be considered in the penalty.

It is therefore the decision of the Wyoming Board of Stewards that trainer Roger Overturf shall be fined the sum of $500.00. All fines are due and payable to the Wyoming Pari-Mutuel Commission within 48 hours.

STATE OF WYOMING BOARD OF STEWARDS: Bill Brown / Tom Davis / Pat Mackey

Name: ALEJANDRO HERRERA MEDELLIN Ruling Date: 11/7/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-141 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/18/2017 Suspension End: 11/22/2017
Ruling Text: Jockey, Alejandro Medillin, having been summoned and having appeared before Board of Stewards on November 7, 2017, for careless riding during the running of the 1st race on November 6, 2017, at Zia Park Racetrack , while aboard “THE GREAT DOME” which resulted in his mount being disqualified from 2nd place to 3RD place.

The Board of Stewards hereby assess Alejandro Medillin a suspension of 4 race days (November 18, 2017, November 19, 2017, November 20, 2017, and November 21, 2017,). Alejandro Medillin is allowed to ride designated races.

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

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

Name: David M. Lopez Ruling Date: 11/7/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP018 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 105 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on November 06, 2017, Jockey David Michael Lopez (ADG #12778) is hereby fined ONE HUNDRED DOLLARS ($100.00) plus 5% Race Horse Adoption Fund surcharge for a total of ONE HUNDRED AND FIVE DOLLARS ($105.00) for failure to fulfill his riding engagements on November 3, 2017 at Turf Paradise Race Course.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by November 17, 2017, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning November 18, 2017 through and inclusive of May 17, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106.C.; A.A.C. R19-2-109.2.; A.A.C. R19-2-121.E.2.

Name: JOSE ENRIQUE ORTIZ Ruling Date: 11/7/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-139 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jose Enrique Ortiz, having been summoned and having failed to appear or send a jockey guild’s representative for film review regarding the 2nd race on November 4, 2017 at Zia Park Racetrack, is hereby assessed a fine of one hundred dollars ($100.00). The fine is to be paid on or before December 7, 2017, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

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

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

Name: JOSE ENRIQUE ORTIZ Ruling Date: 11/7/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-140 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Jose Enrique Ortiz having been duly notified, failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on November 5, 2017, for failure to make sufficient effort to maintain his lane while aboard “DISCRETE”, which resulted in the disqualification of his mount from 1st place to 4th place, in the 2nd race on November 4, 2017 at Zia Park Racetrack.

The Board of Stewards hereby assesses, Jose Enrique Ortiz, a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before December 7, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

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

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

Name: DANIEL AGUILAR Ruling Date: 11/7/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP019 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 105 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on November 7, 2017 Jockey Daniel Aguilar (ADG #12425) is hereby fined ONE HUNDRED DOLLARS ($100.00) plus 5% Race Horse Adoption Fund surcharge for a total of ONE HUNDRED AND FIVE DOLLARS ($105.00) for misuse of the whip (hitting the horse in the head) while aboard "SAPHIREANFADEDJENZ" in the stretch during the eighth race on November 04, 2017. The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by November 17, 2017, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning November 18, 2017 through and inclusive of May 17, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

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

Name: JUAN FRANCISCO FIGUEROA Ruling Date: 11/7/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP015 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 105 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on November 6, 2017, Owner/Trainer Juan Francisco Figueroa (ADG #10089) is hereby fined ONE HUNDRED ($100.00) plus 5% Race Horse Adoption Fund surcharge for a total of ONE HUNDRED AND FIVE ($105.00) for being late to the paddock with the horse "VALIANT MELTDOWN", resulting in a late scratch in the 4th race on November 5, 2017.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by November 17, 2017, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning November 18, 2017 through and inclusive of May 17, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.; A.A.C. R19-2-111.B.; A.A.C. R19-2-111.D.4.; A.A.C. R19-2-121.E.;

Name: JUAN FRANCISCO FIGUEROA Ruling Date: 11/7/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP016 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 105 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on October 18, 2017, Owner/Trainer Juan Francisco Figueroa (ADG #10058) is hereby fined ONE HUNDRED ($100.00) plus 5% Race Horse Adoption Fund surcharge for a total of ONE HUNDRED FIVE DOLLARS ($105.00) for failing to have the owner of the horse "CAPTAIN ON TAKEOFF" properly licensed resulting in a late scratch in the 4th race on November 5, 2017.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by November 17, 2017, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning November 18, 2017 through and inclusive of May 17, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106.A.; A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.; A.A.C. R19-2-111.D.; A.A.C. R19-2-111.D.2.; A.A.C. R19-2-121.E.

Name: JUAN C ADAME Ruling Date: 11/6/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-134 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Juan Adame (Adame Racing, LLC), having been duly notified, failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on November 6, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Walked Away”(Test Sample #: NM27528), who finished 2nd place in the 4th race on September 10, 2017, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Mario Sanchez.

Mario Sanchez, the trainer of record for horse “Walked Away”, was duly notified and responded telephonically for this hearing. This is Mario Sanchez’s SECOND Class 3B medication violation in a lifetime.

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

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Walked Away” is placed on the Stewards list for a period of 60 days (beginning September 29, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Walked Away” is hereby disqualified from SECOND PLACE and ordered unplaced from the 4th race on September 10, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. California King
                2. Epic Proportions
                3. Jesszoomtothefinish
                4. Kissin Coronas
                5. Jm Yourgonnahearme
                6. One Streakin Eagle
                7. Rock You Up
                8. Jp Pendleton
                9. Jess Is Back
Unplaced “Walked AwayLicensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B(2) Penalty recommendations This ruling is written in accordance with 15.2.3.8(B)(3)(k) NMAC/ Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: ERNEST FENNELL Ruling Date: 11/13/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-128-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/16/2019 Suspension End: 10/10/2020
Ruling Text: RE: 2017-ZIA-128 - Modified Ruling 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. Trainer Ernest Fennell (currently under summary suspension, 2017-ZIA-39), was duly notified and responded telephonically for his disciplinary hearing before the Board of Stewards on November 5, 2017. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (Class 2 Penalty A) (reference Uniform classification guideline page 11) drug “Zilpaterol” and the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Peyote Run”(Test Sample #: NM29128), who finished 1st place in the 5th race on September 17, 2017, at the New Mexico State Fair in Albuquerque, NM. “Zilpaterol” and “clenbuterol” were confirmed in the urine of the split sample sent to TVMDL on October 13, 2017.

David L. Martinez, the owner of record for horse “Peyote Run”, was duly notified and failed to appear for this hearing. In accordance with 15.2.1.9(B)(4)(d) Non-Appearance and 15.2.6.9 (B)(1)(2) Penalty Recommendations, this is David L. Martinez’s FIRST Class 2 Penalty A medication violation and FIRST Class 3 Penalty B medication violation in a lifetime.

For Ernest Fennell’s FIRST Class 2 Penalty A medication violation in a lifetime and FOURTH CLASS 3 PENALTY B medication violation in a lifetime issued in accordance with 15.2.6.9 (B)(1)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 30 month suspension of all NMRC licenses running consecutively from ruling 2017-ZIA-90 April 16, 2018, through October 10, 2020 inclusive. (18 month suspension for the Class 2 Penalty Category A medication violation and a 12 month suspension for the Class 3 Penalty Category B medication violation)
    2. A ($20,000) twenty thousand dollar fine to paid on or before December 5, 2017, in accordance with 15.2.3.8 (B)(3)(l) ($15, 000 fine for the Class 2 Penalty Category A medication violation and a $5, 000 fine for the Class 3 Penalty Category B medication violation )Failure to pay fine in prescribed time may result in an immediate suspension.
During said time of applicable suspension, Ernest Fennell is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21) Exclusion. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Ernest Fennell are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) Exclusion. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: prima facie evidence /15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/16.47.1.8 (U)(1)(2) PROTECTION OF HORSES/ 15.2.6.9(B)(1)(2) Penalty recommendations This ruling is written in accordance with 15.2.6.11(A) NMAC: Trainer Responsibility/16.47.1.10(B)(1) NMAC: Absolute Insurer/ Uniform classification guideline page 11 ZILPATEROL/Uniform Classification Guidelines Page iv/ 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: ERNEST FENNELL Ruling Date: 11/5/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-128 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/16/2019 Suspension End: 10/10/2020
Ruling Text: Trainer Ernest Fennell (currently under summary suspension, 2017-ZIA-39), was duly notified and responded telephonically for his disciplinary hearing before the Board of Stewards on November 5, 2017. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (Class 2 Penalty A) (reference Uniform classification guideline page 11) drug “Zilpaterol” and the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Peyote Run”(Test Sample #: NM29128), who finished 1st place in the 5th race on August 17, 2017, at the New Mexico State Fair in Albuquerque, NM. “Zilpaterol” and “clenbuterol” were confirmed in the urine of the split sample sent to TVMDL on October 13, 2017.

David L. Martinez, the owner of record for horse “Peyote Run”, was duly notified and failed to appear for this hearing. In accordance with 15.2.1.9(B)(4)(d) Non-Appearance and 15.2.6.9 (B)(1)(2) Penalty Recommendations, this is David L. Martinez’s FIRST Class 2 Penalty A medication violation and FIRST Class 3 Penalty B medication violation in a lifetime.

For Ernest Fennell’s FIRST Class 2 Penalty A medication violation in a lifetime and FOURTH CLASS 3 PENALTY B medication violation in a lifetime issued in accordance with 15.2.6.9 (B)(1)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 30 month suspension of all NMRC licenses running consecutively from ruling 2017-ZIA-90 April 16, 2018, through October 10, 2020 inclusive. (18 month suspension for the Class 2 Penalty Category A medication violation and a 12 month suspension for the Class 3 Penalty Category B medication violation)
    2. A ($20,000) twenty thousand dollar fine to paid on or before December 5, 2017, in accordance with 15.2.3.8 (B)(3)(l) ($15, 000 fine for the Class 2 Penalty Category A medication violation and a $5, 000 fine for the Class 3 Penalty Category B medication violation )Failure to pay fine in prescribed time may result in an immediate suspension.

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

Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: prima facie evidence /15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/16.47.1.8 (U)(1)(2) PROTECTION OF HORSES/ 15.2.6.9(B)(1)(2) Penalty recommendations This ruling is written in accordance with 15.2.6.11(A) NMAC: Trainer Responsibility/16.47.1.10(B)(1) NMAC: Absolute Insurer/ Uniform classification guideline page 11 ZILPATEROL/Uniform Classification Guidelines Page iv/ 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: DAVID MARTINEZ Ruling Date: 11/13/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-131-MODPEN Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: modify ruling
Name: DAVID MARTINEZ Ruling Date: 11/13/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-131-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2017-ZIA-131 - Modified RulingRE: 2017-ZIA-131 - Modified Penalty 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. Owner David L. Martinez having been duly notified, failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on November 5, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (Class 2 Penalty A) (reference Uniform classification guideline page 11) drug “Zilpaterol” and the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Peyote Run”(Test Sample #: NM29128), who finished 1st place in the 5th race on September17, 2017, at the New Mexico State Fair in Albuquerque, NM. “Zilpaterol” and “clenbuterol” were confirmed in the urine of the split sample sent to TVMDL on October 13, 2017.

Ernest Fennell (currently under summary suspension, 2017-ZIA-39), the trainer of record for horse “Peyote Run”, was duly notified and responded telephonically for this hearing. In accordance with 15.2.1.9(B)(4)(d) Non-Appearance and 15.2.6.9 (B)(1)(2) Penalty Recommendations, this is Ernest Fennell’s FIRST Class 2 Penalty A medication violation in a lifetime and FOURTH CLASS 3 PENALTY B medication violation in a lifetime.

For David L. Martinez’s FIRST Class 2 Penalty A medication violation in a lifetime and FIRST CLASS 3 PENALTY B medication violation in a lifetime issued in accordance with 15.2.6.9 (B)(1)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(a), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Peyote Run” is placed on the Stewards list for a period of 60 days (beginning September 29, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Peyote Run” is hereby disqualified from FIRST PLACE and ordered unplaced from the 5th race on September 17, 2017, at the New Mexico State Fair, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Cache This Cheque
                2. MsFerrari Edition
                3. Rod James
                4. Fiery Streafly
                5. Rockin N Scootin
                6. Professor X
Unplaced “Peyote RunLicensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: prima facie evidence /15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/16.47.1.8 (U)(1)(2) PROTECTION OF HORSES/ 15.2.6.9(B)(1)(2) Penalty recommendations This ruling is written in accordance with Uniform classification guideline page 11 ZILPATEROL/Uniform Classification Guidelines Page iv/15.2.3.8(B)(3)(k) NMAC: Purse Redistribution 15.2.5.14(D)(7) FAILURE TO RETURN PURSES AND PRIZES 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: DAVID MARTINEZ Ruling Date: 11/5/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-131 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner David L. Martinez having been duly notified, failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on November 5, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (Class 2 Penalty A) (reference Uniform classification guideline page 11) drug “Zilpaterol” and the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Peyote Run”(Test Sample #: NM29128), who finished 1st place in the 5th race on August 17, 2017, at the New Mexico State Fair in Albuquerque, NM. “Zilpaterol” and “clenbuterol” were confirmed in the urine of the split sample sent to TVMDL on October 13, 2017.

Ernest Fennell (currently under summary suspension, 2017-ZIA-39), the trainer of record for horse “Peyote Run”, was duly notified and responded telephonically for this hearing. In accordance with 15.2.1.9(B)(4)(d) Non-Appearance and 15.2.6.9 (B)(1)(2) Penalty Recommendations, this is Ernest Fennell’s FIRST Class 2 Penalty A medication violation in a lifetime and FOURTH CLASS 3 PENALTY B medication violation in a lifetime.

For David L. Martinez’s FIRST Class 2 Penalty A medication violation in a lifetime and FIRST CLASS 3 PENALTY B medication violation in a lifetime issued in accordance with 15.2.6.9 (B)(1)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(a), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Peyote Run” is placed on the Stewards list for a period of 60 days (beginning September 29, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Peyote Run” is hereby disqualified from FIRST PLACE and ordered unplaced from the 5th race on August 17, 2017, at the New Mexico State Fair, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Cache This Cheque
                2. MsFerrari Edition
                3. Rod James
                4. Fiery Streafly
                5. Rockin N Scootin
                6. Professor X
Unplaced “Peyote RunLicensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: prima facie evidence /15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/16.47.1.8 (U)(1)(2) PROTECTION OF HORSES/ 15.2.6.9(B)(1)(2) Penalty recommendations This ruling is written in accordance with Uniform classification guideline page 11 ZILPATEROL/Uniform Classification Guidelines Page iv/15.2.3.8(B)(3)(k) NMAC: Purse Redistribution 15.2.5.14(D)(7) FAILURE TO RETURN PURSES AND PRIZES 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: CHARLES SCOTT ACOSTA Ruling Date: 11/5/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP013 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 105 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on November 5, 2017, Owner/Trainer Charles Scott Acosta (ADG #12418) is hereby fined ONE HUNDRED DOLLARS ($100.00) plus 5% Race Horse Adoption Fund surcharge for a total of ONE HUNDRED AND FIVE ($105.00) for being late to the paddock with the horse "JESS TA FIED" for the 4th race on November 5, 2017, necessitating 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 November 16, 2017, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning November 17, 2017 through and inclusive of May 16, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.; A.A.C. R19-2-111.B.; A.A.C. R19-2-111.D.4.; A.A.C. R19-2-121.E.;

Name: TYLER D GIBBS Ruling Date: 11/5/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP012 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 525 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on November 3, 2017, Owner/Trainer Tyler Don Gibbs (ADG #20334) is hereby fined FIVE HUNDRED DOLLARS ($500.00) plus 5% Race Horse Adoption Fund surcharge for a total of FIVE HUNDRED AND TWENTY FIVE DOLLARS ($525.00) following receipt of a report from Industrial Laboratories indicating the presence of the Class IV foreign substance Triamcinolone Acetonide (202 +/- 19 pg/mL) in sample #E224783 collected from the horse 'SKINNY KYNI", winner of the fourth race on October 15, 2017. This amount is above the permitted threshold.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by November 13, 2017, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning November 14, 2017 through and inclusive of May 13, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102.19.; A.A.C. R19-2-102.39.; A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.; A.A.C. R19-2-111.B.; A.A.C. R19-2-111.C.; A.A.C. R19-2-120.C.; A.A.C. R19-2-120.D.; A.A.C. R19-2-120.O.; A.A.C. R19-2-121.E.;

Name: JOSE E LOPEZ Ruling Date: 11/4/2017
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 174125 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/11/2017 Suspension End: 11/17/2017
Ruling Text: JOCKEY JOSE E. LOPEZ IS HEREBY SUSPENDED THREE RACING DAYS, NOVEMBER 11, 16, AND 17, 2017 (INCLUSIVE) FOR PERMITTING HIS MOUNT TANNAH'BLU TO COME INTO THE PATH OF ANOTHER HORSE AND IMPEDE ITS PROGRESS DURING THE RUNNING OF THE FOURTH RACE AT HAWTHORNE RACE COURSE ON NOVEMBER 2, 2017, CAUSING THE DISQUALIFICATION OF TANNAH'BLU FROM FIRST PLACE TO SECOND PLACE. IRB RULES: 1416.5 (A) & (H)
Name: MARK BRIAN GLATT Ruling Date: 11/14/2017
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2017-DMR-001-MOD Ruling Type: Failure to Have Horse Properly Shod
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2017-DMR-001 - Modified Ruling Trainer MARK GLATT, who started the horse “ANGEL ALLIE”, in the sixth race at Santa Anita Park on October 28, 2017, is fined TWO HUNDRED DOLLARS ($200.00)* for violation of California Horse Racing Board rules #1853 (Examination Required - Improperly shod).
Name: MARK BRIAN GLATT Ruling Date: 11/3/2017
Jurisdiction: California Horse Racing Board Facility: Del Mar
Ruling Number: 2017-DMR-001 Ruling Type: Failure to Have Horse Properly Shod
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer MARK GLATT, who started the horse “SHARP SAMURAI”, in the ninth race at Santa Anita Park on October 28, 2017, is fined TWO HUNDRED DOLLARS ($200.00)* for violation of California Horse Racing Board rules #1853 (Examination Required - Improperly shod).
Name: JOAQUIN LOPEZ Ruling Date: 11/2/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-070 Ruling Type: Employment Violation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 10/31/2017 Suspension End:
Ruling Text: ON THE 31ST DAY OF OCTOBER, 2017, IT CAME FOR HEARING BEFORE THE WRD BOARD OF STEWARDS, THE COMPLAINT AGAINST OWNER JOAGUIN N. LOPEZ. MR. LOPEZ DID NOT SHOW UP AND WAS NOT REPRESENTED BY COUNSEL. MR. LOPEZ FAILED TO OBTAIN WORKER'S COMPENSATION BEFORE HIRING ANY INDIVIDUALS ON 9/9/2017. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. LOPEZ BE FINED $500.00 AND SUSPENDED BEGINNING 10/31/2017. THE SUSPENSION SHALL REMAIN IN EFFECT UNTIL MR. LOPEZ PAYS HIS FINE IN FULL AND PROVIDES PROOF OF VALID WORKER'S COMPENSATION TO THE WRD BOARD OF STEWARDS.
Name: TIANNA RICHARDVILLE Ruling Date: 11/2/2017
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 174124 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: HAVING SUBMITTED THE REQUIRED DOCUMENTS, THE IRB OWNER'S LICENSE OF TIANNA RICHARDVILLE IS HEREBY RESTORED TO GOOD STANDING. IRB RULE: 502.40(A)
Name: NANCY JOAN JENSON Ruling Date: 10/31/2017
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 174123 Ruling Type: Fined
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: OWNER NANCY JENSON IS HEREBY ASSESSED A CIVIL PENALTY OF $50 FOR FAILING TO SUBMIT A LICENSE APPLICATION IN THE REQUIRED TIME FRAME(30 DAYS) FOR THE YEAR 2011. IRB RULE 502.40
Name: Jesus cuanda Ruling Date: 10/30/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-125 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 10/30/2017 Suspension End: 11/29/2017
Ruling Text: Trainer Jesus Cuanda having been duly notified and having appeared before the Board of Stewards on October 30, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Pop Your Cork”(Test Sample #: NM27626), who finished 1st place in the 2nd race on September 25, 2017, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Jesus Cuanda.

Edgar Martinez and Jose G. Martinez, the owners of record for horse “Pop Your Cork”, were duly notified and failed to appear for this hearing. This is their FIRST Class 3B medication violation in a lifetime.

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

    1. A 30 day suspension of all NMRC licenses starting October 30, 2017, through November 29, 2017, inclusive.
    2. A ($750) seven hundred and fifty dollar fine to paid on or before November 30, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

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

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

Name: Jesus cuanda Ruling Date: 11/13/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-125-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 10/30/2017 Suspension End: 11/29/2017
Ruling Text: RE: 2017-ZIA-125 - Modified Ruling 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. Trainer Jesus Cuanda having been duly notified and having appeared before the Board of Stewards on October 30, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Pop Your Cork”(Test Sample #: NM27626), who finished 1st place in the 2nd race on September 24, 2017, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Jesus Cuanda.

Edgar Martinez and Jose G. Martinez, the owners of record for horse “Pop Your Cork”, were duly notified and failed to appear for this hearing. This is their FIRST Class 3B medication violation in a lifetime.

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

    1. A 30 day suspension of all NMRC licenses starting October 30, 2017, through November 29, 2017, inclusive.
    2. A ($750) seven hundred and fifty dollar fine to paid on or before November 30, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

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

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

Name: JOSE G MARTINEZ Ruling Date: 10/30/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-122 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners Edgar Martinez and Jose G. Martinez having been duly notified failing to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance,before the Board of Stewards on October 30, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Pop Your Cork”(Test Sample #: NM27626), who finished 1st place in the 2nd race on September 25, 2017, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by their trainer Jesus Cuanda.

Jesus Cuanda, the trainer of record for horse “Pop Your Cork”, was duly notified and appeared for this hearing. This is Jesus Cuanda’s FIRST Class 3B medication violation in a lifetime.

For Owners Edgar Martinez and Jose G. Martinez’s FIRST Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Pop Your Cork” is placed on the Stewards list for a period of 60 days (beginning October 4, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Pop Your Cork” is hereby disqualified from FIRST PLACE and ordered unplaced from the 2nd race on September 25, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Azoom Policy
                2. R O With Good Reason
                3. Jess Pollitical
                4. Skipper Reguard
                5. DM Little B
Unplaced “Pop Your CorkLicensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B(2) Penalty recommendations This ruling is written in accordance with 15.2.3.8(B)(3)(k) NMAC/Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JOSE G MARTINEZ Ruling Date: 11/13/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-122-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2017-ZIA-122 - Modified Ruling 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. Owners Edgar Martinez and Jose G. Martinez having been duly notified failing to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance,before the Board of Stewards on October 30, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Pop Your Cork”(Test Sample #: NM27626), who finished 1st place in the 2nd race on September 24, 2017, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by their trainer Jesus Cuanda.

Jesus Cuanda, the trainer of record for horse “Pop Your Cork”, was duly notified and appeared for this hearing. This is Jesus Cuanda’s FIRST Class 3B medication violation in a lifetime.

For Owners Edgar Martinez and Jose G. Martinez’s FIRST Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Pop Your Cork” is placed on the Stewards list for a period of 60 days (beginning October 4, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Pop Your Cork” is hereby disqualified from FIRST PLACE and ordered unplaced from the 2nd race on September 24, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Azoom Policy
                2. R O With Good Reason
                3. Jess Pollitical
                4. Skipper Reguard
                5. DM Little B
Unplaced “Pop Your CorkLicensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B(2) Penalty recommendations This ruling is written in accordance with 15.2.3.8(B)(3)(k) NMAC/Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: EDGAR H MARTINEZ Ruling Date: 11/13/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-121-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2017-ZIA-121 -RE: 2017-ZIA-122 - Modified Ruling 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. Owners Edgar Martinez and Jose G. Martinez having been duly notified failing to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance,before the Board of Stewards on October 30, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Pop Your Cork”(Test Sample #: NM27626), who finished 1st place in the 2nd race on September 24, 2017, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by their trainer Jesus Cuanda.

Jesus Cuanda, the trainer of record for horse “Pop Your Cork”, was duly notified and appeared for this hearing. This is Jesus Cuanda’s FIRST Class 3B medication violation in a lifetime.

For Owners Edgar Martinez and Jose G. Martinez’s FIRST Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Pop Your Cork” is placed on the Stewards list for a period of 60 days (beginning October 4, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Pop Your Cork” is hereby disqualified from FIRST PLACE and ordered unplaced from the 2nd race on September 24, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Azoom Policy
                2. R O With Good Reason
                3. Jess Pollitical
                4. Skipper Reguard
                5. DM Little B
Unplaced “Pop Your CorkLicensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B(2) Penalty recommendations This ruling is written in accordance with 15.2.3.8(B)(3)(k) NMAC/Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: EDGAR H MARTINEZ Ruling Date: 10/30/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-121 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners Edgar Martinez and Jose G. Martinez having been duly notified failing to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance,before the Board of Stewards on October 30, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Pop Your Cork”(Test Sample #: NM27626), who finished 1st place in the 2nd race on September 25, 2017, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by their trainer Jesus Cuanda.

Jesus Cuanda, the trainer of record for horse “Pop Your Cork”, was duly notified and appeared for this hearing. This is Jesus Cuanda’s FIRST Class 3B medication violation in a lifetime.

For Owners Edgar Martinez and Jose G. Martinez’s FIRST Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Pop Your Cork” is placed on the Stewards list for a period of 60 days (beginning October 4, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Pop Your Cork” is hereby disqualified from FIRST PLACE and ordered unplaced from the 2nd race on September 25, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Azoom Policy
                2. R O With Good Reason
                3. Jess Pollitical
                4. Skipper Reguard
                5. DM Little B
Unplaced “Pop Your CorkLicensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B(2) Penalty recommendations This ruling is written in accordance with 15.2.3.8(B)(3)(k) NMAC/Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: LISET LOURDES TERRAZAS Ruling Date: 10/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-114 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Liset L. Terrazas, having been duly notified failing to appear, and had her hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on October 29, 2017. The hearing was in concern to trainer Sergio P. Roman’s failure to report to the Downs of Albuquerque Test Barn Facility for out of competition testing on September 7, 2017, with horse “Shes a Fighter”, who was selected for out of competition testing.

The Board of Stewards hereby access Liset L. Terrazas a penalty, pursuant to 15.2.6.9 J (7) (a) OUT OF COMPETITION TESTING and 15.2.6.9(C)(7)MEDICATION VIOLATION: the horse “Shes a Fighter” was placed on the Stewards list for a period of 180 days (beginning September 7, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative hair test.

Licensee is found in violation of 15.2.6.9 J (1) (a)(b)(c)OUT OF COMPETITION TESTING/ 15.2.6.9 J (8)(a) OUT OF COMPETITION TESTING

This ruling is written in accordance with 15.2.6.9 J (7) (a) OUT OF COMPETITION TESTING15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/ 15.2.3.8 B(3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: SERGIO P ROMAN Ruling Date: 10/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-112 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/30/2017 Suspension End: 4/28/2018
Ruling Text: Trainer Sergio P. Roman, having been duly notified and having appeared before the Board of Stewards on October 29, 2017, for failing to report, as instructed, to the Downs of Albuquerque Test Barn Facility for out of competition testing on September 7, 2017, with horses “Singin On Diva” “Shes a Fighter” and “Six Episodes”, who were selected for out of competition testing.

AGGRVATING CICUMSTANCES:

    1. Sergio P. Roman has an extensive history of medication violations.
    2. Sergio P. Roman was properly notified in accordance with 15.2.6.9 J (1) (a)(b)OUT OF COMPETITION TESTING

After considering the aggravating circumstances, the Board of Stewards hereby access Sergio P. Roman of penalty of a 180 day suspension of all NMRC licenses starting October 30, 2017, through April 28, 2018, inclusive.

During said time of applicable suspension Sergio P. Roman 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, trained, or under the care of Sergio P. Roman are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) .

Licensee is found in violation of 15.2.6.9 J (1) (a-e)OUT OF COMPETITION TESTING/ 15.2.6.9 J (7) (a)(b) OUT OF COMPETITION TESTING/ 15.2.6.9 J (8) OUT OF COMPETITION TESTING

This ruling is written in accordance with 16.47.1.8(L)(1)(e)(i)(3) GROUNDS FOR DISAPLINARY MEASURES FOR A LICENSEEE AND REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE/ 15.2.6.9 J (7) (a)(b) OUT OF COMPETITION TESTING15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: SERGIO P ROMAN Ruling Date: 10/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-113 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Sergio P. Roman, having been duly notified and having appeared before the Board of Stewards on October 29, 2017, for failing to report, as instructed, to the Downs of Albuquerque Test Barn Facility for out of competition testing on September 7, 2017, with horses “Singin On Diva” and “Six Episodes”, who were selected for out of competition testing.

The Board of Stewards hereby access Sergio P. Roman a penalty, pursuant to 15.2.6.9 J (7) (a) OUT OF COMPETITION TESTING and 15.2.6.9(C)(7)MEDICATION VIOLATION: the horses “Singin On Diva” and “Six Episodes” was placed on the Stewards list for a period of 180 days (beginning September 7, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative hair test.

Licensee is found in violation of 15.2.6.9 J (1) (a)(b)(c)OUT OF COMPETITION TESTING/ 15.2.6.9 J (8)(a) OUT OF COMPETITION TESTING

This ruling is written in accordance with 15.2.6.9 J (7) (a) OUT OF COMPETITION TESTING15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/ 15.2.3.8 B(3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: CARLOS L CASTRO Ruling Date: 10/28/2017
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 174120 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: HAVING SATISFIED HIS OBLIGATION TO JUDGEMENT HOLDER JANINE MARIE MANISCALCO, UNLICENSED JOCKEY CARLOS CASTRO IS HEREBY MADE ELIGIBLE FOR FUTURE LICENSING IN THE STATE OF ILLINOIS. IRB RULE: 1303.70(C)
Name: GERALD W BUTLER Ruling Date: 10/28/2017
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 174122 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: PURSUANT TO ILLINOIS RACING BOARD RULE 603.60(A)(3), TRAINER GERALD W. BUTLER IS HEREBY ASSESSED A CIVIL PENALTY OF TWO-HUNDRED-FIFTY DOLLARS ($250) FOR THE EXCESSIVE USE OF PHENYLBUTAZONE, RESULTING IN AN OVERAGE IN THE HORSE JAGUAR RIDGE DURING THE NINTH RACE AT HAWTHORNE RACE COURSE ON WEDNESDAY OCTOBER 18, 2017. A POST-RACE SAMPLE TAKEN FROM JAGUAR RIDGE WAS FOUND TO CONTAIN PHENYLBUTAZONE AT A CONCENTRATION OF 3.45 (+/- 0.42) PG/ML.IRB RULE: 603.60 (A)(3)
Name: JOSE E LOPEZ Ruling Date: 10/28/2017
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 174121 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: JOCKEY JOSE LOPEZ IS HEREBY ASSESSED A CIVIL PENALTY OF FIFTEEN-HUNDRED DOLLARS ($1,500) FOR ALLOWING HIS MOUNT LUVINMEISEASY TO CROSS IN FRONT OF ANOTHER HORSE WITHOUT SUFFICIENT CLEARANCE APPROACHING THE TURN OF THE THIRD RACE AT HAWTHORNE RACE COURSE ON OCTOBER 27, 2017, FOR WHICH LUVINMEISEASY WAS DISQUALIFIED FROM SECOND TO FOURTH POSITION. IRB RULES: 1416.5(A) & 1402.70
Name: MATT J HEBERT Ruling Date: 10/28/2017
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 174119 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/21/2017 Suspension End:
Ruling Text: THE OWNER/TRAINER LICENSE OF MATT HEBERT IS HEREBY SUSPENDED UNTIL HE PROVIDES PROOF OF VALID WORKERS' COMPENSATION COVERAGE AS REQUESTED PRIOR TO HIS COMPETING IN THE FIRST RACE AT HAWTHORNE RACE COURSE ON OCTOBER 21, 2017. IRB RULES: 502.200(B)(3) 502.220 1408.90
Name: THOMAS BERNARD HOUGHTON Ruling Date: 10/25/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17286PN Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Failure to present a valid coggins test. FAILURE TO HAVE A CURRENT COGGINS TEST AVAILABLE ON THE HORSE BOLT BROTHERHOOD, NECESSITATING A LATE SCRATCH OF THE HORSE FROM THE 1ST RACE, OCTOBER 21, 2017. YOU ARE HEREBY FINED THE SUM OF TWO HUNDRED FIFTY DOLLARS ($250.00). FINE DUE NOVEMBER 5, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS NOVEMBER 15, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: TALBERT HOWELL Ruling Date: 10/19/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17282PN Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/6/2006 Suspension End: 9/5/2017
Ruling Text: Failure to provide proof of citizenship. HAVING COMPLETED LICENSING REQUIREMENTS OF THE PENNSYLVANIA STATE HORSE RACING COMMISSION, YOU ARE HEREBY DECLARED ELIGIBLE FOR LICENSING AS OF SEPTEMBER 5, 2017.
Name: JAMES ELLIOTT THOMPSON Ruling Date: 10/18/2017
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-039-17 Ruling Type: Necessitating a Late Scratch
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer James E Thompson is fined $200.00 for missing Lasix with "FUSSY SREAK' which resulted in a scratch. DHRC rule: 8.3.5.4. All fines are to be paid within 10 days of written rule.
Name: SHANE D MILLER Ruling Date: 10/17/2017
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C17118 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 10/17/2017 Suspension End: 1/15/2018
Ruling Text: Having been noticed for a formal hearing and having appeared via conference call before the Board of Stewards at Canterbury Park on October 10, 2017, Trainer Shane Miller is hereby suspended 90 days, October 18, 2017 through January 15, 2018 and assessed a civil penalty of Five Thousand Dollars ($5,000) for a Class 1, Category A medication violation (Methamphetamine). This is the maximum Minnesota statutory and rule authority of the Board of Stewards, and the matter is referred to the Minnesota Racing Commission for any further action deemed necessary. Under Minnesota Racing Commission Rule 7897.0130 Subp. 2 and 4, this finding is a per se serious violation which calls into question the integrity of pari-mutuel horse racing, public welfare, health or safety.

On August 26, 2017, Industrial Laboratories reported the finding of Methamphetamine in excess of the level of detection in serum in Sample No. E241117 taken from PR Lady in Red, 1st-place finisher in the 1st Race on August 12, 2017 at Canterbury Park. A split serum sample was sent to the Texas A&M Veterinary Medical Diagnostic Laboratory ("TVMDL") for confirmation and chiral analysis. A letter dated September 24, 2017 was received from the TVMDL confirming the presence of D-Methamphetamine in the split serum sample, an Association of Racing Commissioners International ("ARCI") Class 1, Penalty Category A, medication violation.

The Board of Stewards did not find that Mr. Miller offered substantial evidence that neither he nor any employee or agent was responsible for the administration of the medication required to overcome the presumption outlined in Minnesota Racing Commission Rule 7877.0170 Subp. 2.C.(3)

This is Mr. Miller's first lifetime Class 1, Category A medication violation.

During the term of the suspension, Trainer Shane Miller is denied privileges of all grounds under the jurisdiction of the Minnesota Racing Commission. Further, all horses owned and/or trained by Mr. Miller are ineligible for entry pending sale and/or transfer approved by the stewards.

PR Lady in Red is hereby disqualified from first and declared unplaced. The revised order of finish for the 1st Race on August 12, 2017 at Canterbury Park is as follows: 1st--#3 Berry Quick, 2nd--#1 Virgil Cole, 3rd--#4 TD Cartel Express, and 4th--#6 Trigger Trash. The Horseperson's Bookkeeper is directed to make necessary changes to payment of purses for the subject race. If PR Lady in Red's share of the purse has been paid, it is hereby ordered returned to the Horseperson's Bookkeeper.

Minnesota Rules:

7879.0200 (Stewards Authority and Duties) Subp. 1.A.-General authority 7869.0200 (Incorporation by Reference) Subp. 2.C.-Association of Racing Commissioners International 7877.0170 (Duties and Responsibilities of Class C Licensees) Subp. 2.C.-Trainer 7892.0150 (Purses) Subp. 1-Purse may be redistributed; Subp. 2.A.B.C.D.-Determination of purse redistribution 7890.0110 (Medications and Practices Prohibited) Subp. 1.-Administration 7890.0130 (Findings of Chemist) Subp. 1.-Prima facie evidence 7897.0130 (Schedule of Fines) Subp. 1.2.3.4.5. -Imposition of fines, categories, amount, etc. 7897.0150 (Disciplinary and Appeal Procedures) Subp. 2.A.B.C.-Penalties imposed by stewards 7897.0130 (Schedule of Fines) Subp. 6.-Timetable for paying fines (within 72 hours)

Name: SHANE D MILLER Ruling Date: 10/25/2017
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C17118-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 10/17/2017 Suspension End: 1/15/2018
Ruling Text: RE: C17118 - RE: C17118 - Amended order of finish. PR Lady in Red is hereby disqualified from first and declared unplaced. The revised order of finish for the 1st Race on August 12, 2017 at Canterbury Park is as follows: 1st--#3 Berry Quick, 2nd--#1 Virgil Cole, 3rd--#4 TD Cartel Express, and 4th--#5 Tricky Hornet. The Horseperson's Bookkeeper is directed to make necessary changes to payment of purses for the subject race. If PR Lady in Red's share of the purse has been paid, it is hereby ordered returned to the Horseperson's Bookkeeper.
Name: SHANE D MILLER Ruling Date: 11/13/2017
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C17118-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 10/17/2017 Suspension End: 1/15/2018
Ruling Text: RE: C17118 - Ruling Final Outcome

SETTLEMENT AGREEMENT This Settlement Agreement is entered into between the Minnesota Racing Commission (“Commission”) and Shane Daniel Miller (“Miller”), an individual licensed by the Commission as a trainer pursuant to Minnesota Statutes and Rules. Collectively, the Commission and Miller shall be referred to herein as “the Parties.” This Settlement Agreement is subject to approval by the Commission.

RECITALS

  1. The Commission is responsible for regulating horse racing in Minnesota under Minnesota Statutes, Chapter 240, and Minnesota Rules, parts 7869 to 7899 to ensure that it is conducted in the public interest. The Commission’s duties include issuing licenses to participants and taking all necessary steps to ensure the integrity of racing in Minnesota.

2. On May 20, 2017, the Commission adopted into rule the Association of Racing Commissioners International (“ARCI”) Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule.

3. Miller has at all relevant times held a license as a trainer issued by the Commission, license number 2596.

4. On August 12, 2017, Miller was the trainer of the horse “PR Lady in Red” who finished first in the first race at Canterbury Park, which was then conducting a licensed race meeting.

5. Following the race, a blood sample was taken from PR Lady in Red under the supervision of an assistant commission veterinarian pursuant to Minnesota Rules, Chapter 7892 and following the standard operating procedures developed by the Chief Commission Veterinarian. The specimen was split, sealed, labeled and marked with identification number E241117.

6. Sample number E241117 was transported to the Commission’s official analytical laboratory, Industrial Laboratories, for analysis in accordance with Minnesota Rules, part 7892.0130. On August 25, 2017, Industrial Laboratories reported results to the Commission showing sample E241117 was positive for Methamphetamine in serum.

7. At Miller’s request, a split serum sample was sent to Texas A&M Veterinary Medical Diagnostic Laboratory (“TVMDL”) for confirmation and chiral analysis. The Commission received a letter dated September 24, 2017, from TVMDL confirming the presence of D-Methamphetamine in serum.

8. Under the ARCI Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule, the presence of D-Methamphetamine is a Class 1, Category A medication violation which calls for a one year suspension, ten thousand dollar fine, loss of purse money and placing the horse on the veterinarian’s list for 180 days, absent aggravating or mitigating circumstances.

9. On October 10, Miller appeared by telephone at a hearing on the matter before the Board of Stewards.

10. On October 17, 2017, the Board of Stewards issued Ruling #C17118, suspending Miller for 90 days and fining him $5,000 which is the maximum penalty the Stewards may issue under Minnesota law and rule. The Ruling also provided that PR Lady in Red was disqualified from first and declared unplaced and directed the horsepersons’ bookkeeper to redistribute the purse money. Finally, the ruling referred the matter to the commission for any further action deemed necessary.

11. On October 19, 2017, the commission received Miller’s timely appeal of the stewards’ ruling.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing, and the promises to be performed as set forth herein, the Parties agree as follows:

  1. The above recitals correctly state the facts that led up to this Settlement Agreement.

2. Miller acknowledges he is in violation of Minnesota Rules, parts 7869.0200, subp. 2, 7890.0110 and 7877.0170, subpart 2 on August 12, 2017.

3. Miller waives his right to a hearing before the Commission pursuant to Minn. R. 7897.0150, subp. 3, and agrees not to further appeal this matter in any manner. The outcome of this matter will be controlled by the terms of this Settlement Agreement.

4. This agreement is public and shall be included in Miller’s license history with the Commission.

5. Due to the presence of mitigating circumstances, the Commission hereby imposes a 180 day suspension of Miller’s license and a $5000 fine for the violation. In addition, PR Lady in Red shall remain unplaced and the purse money redistributed.

6. Upon execution of this Settlement Agreement, Miller will pay two thousand dollars ($2,000) of the fine within 72 hours and the remainder shall be stayed during the period of probation as described below.

7. Miller license has been suspended since October 17, 2017 and shall remain suspended until January 15, 2018, for a total of 90 days. The remaining 90 days of the suspension shall be stayed during the period of probation as described below. While his license is suspended, Miller is excluded from the grounds of all licensed racetracks under the jurisdiction of the Commission. He may not benefit financially from training horses in Minnesota during the period of suspension, nor may his family members or employees take over his training duties.

8. Miller shall be on probation for a period of one year beginning on October 17, 2017. During the period of probation, he may not have any additional Class I, II, or III medication violations in any racing jurisdiction in the United States or Canada, including Minnesota. In the event of such a violation, the stay may be terminated and all or part of the stayed portions of the fine and suspension may be imposed. Class I, II, and III violations shall be those as defined in the then-current version of the Association of Racing Commissioners Uniform Classification Guidelines of Foreign Substances, which is incorporated herein by reference.

9. Miller shall fully cooperate with the Commission and its Board of Stewards in monitoring compliance with the terms of probation by immediately reporting any medication or prohibited substance violation to the Commission or Stewards. If Miller has no additional Class I, II or III violations as of October 16, 2018, and does not otherwise violate the terms of this Settlement Agreement, his probation shall end on that date and the stayed portions of the fine and suspension shall be forgiven.

10. This Settlement Agreement is subject to approval of the Commission and will be presented to the full Minnesota Racing Commission at its meeting on November 16, 2017.

11. Miller is aware of his legal rights in this matter, including the right to a Commission hearing on the violation, the right to be represented by counsel, the right to confront and cross-examine witnesses, the right to present evidence and testimony on his behalf, and the right to request reconsideration or judicial review of any adverse decision. Miller knowingly and voluntarily gives up these rights in consideration for the agreements set forth herein but acknowledges that he has read and fully understands the terms of this Settlement Agreement.

12. The Parties shall bear their own costs and attorneys fees in this matter and further agree to waive any and all claims and causes of action arising out of the August 12, 2017 violation described herein, including but not limited to any claims for attorneys fees and costs.

13. This Settlement Agreement was jointly drafted and as such shall not be construed for or against either of the Parties.

14. This Settlement Agreement constitutes the entire agreement between the parties relating to the August 12, 2017 medication violation and supersedes any prior written or oral agreements.

15. This Settlement Agreement is public data pursuant to Minnesota Statutes, Chapter 13 (“Minnesota Government Data Practices Act”) and all other applicable law. The Parties further understand and agree that release of information from Commission files about this matter is governed by the Minnesota Government Data Practices Act, and requests for access to data will be treated in accordance with the governing provisions of the Minnesota Government Data Practices Act and other applicable law.

16. Nothing in this Settlement Agreement shall limit the Commission’s authority to take action in response to future violations pursuant to its authority should circumstances so warrant, including non-medication related violations which may occur during the period of probation.

17. The persons signing this Settlement Agreement warrant that they have full authority to enter into this Settlement Agreement on behalf of the party which each represents, and that this Settlement Agreement is a valid and enforceable agreement as to that party.

18. This Settlement Agreement shall take effect upon approval by the Commission and execution by its Chairman and Executive Director.

Name: HUBALDO SOLIS Ruling Date: 10/17/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-91 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Hubaldo Solis having been duly notified ,failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on October 15, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Osbaldo Weapon”(Test Sample #: NM26652), who finished THIRD place in the 5th race on August 27, 2017, at The Downs of Albuquerque in Albuquerque, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer Ernest Fennel.

Ernest Fennel, the trainer of record for horse “Osbaldo Weapon”, was duly notified and responded telephonically for this hearing. This is his THIRD Class 3B medication violation in a lifetime.

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

    1. A ($5,000) five thousand dollar fine to paid on or before November 16, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Osbaldo Weapon” is placed on the Stewards list for a period of 60 days (beginning September 7, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “Osbaldo Weapon” is hereby disqualified from THIRD PLACE and ordered unplaced from the 5th race on August 27, 2017, at The Downs of Albuquerque for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Apollitical Brooke
                2. Goldline
                3. Fear the Beard
                4. Jess Fast Prize
                5. Cash For Alicia
                6. Bf Maid of Stone
                7. Ramble It On
                8. Eagle Approach
                9. My Pistolita
Unplaced “Osbaldo Weapon

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

Name: JUAN GABRIEL ACOSTA-CEBALLOS Ruling Date: 10/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-84 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners Alvaro Martinez Jr., Juan Acosta Ceballos, and Hector Pando having been duly notified, failing to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on October 15, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Gabapentin” detected in the urine of horse “Dashing Blu J”(Test Sample #: NM26560), who finished FIRST place in the 3RD race on August 13, 2017, at The Downs of Albuquerque in Albuquerque, NM. Gabapentin was confirmed in the split sample sent to Industrial Laborites on September 26, 2017.

Andres Gonzalez, the trainer of record for horse “Dashing Blu J”, was duly notified and appeared for this hearing. This is his SECOND Class 3B medication violation in a lifetime.

For Alvaro Martinez Jr., Juan Acosta Ceballos, and Hector Pando’s FIRST Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. The horse “Dashing Blu J” must pass a commission approved veterinary examination with a negative blood and urine test prior to entry.
    2. The horse “Dashing Blu J” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3RD race on August 13, 2017, at The Downs of Albuquerque for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Lajaky Jr.
                2. Jesses Buzz
                3. You Tellem Sixy
                4. A Secret Li Remember
                5. Jess Send Roses
                6. Perfect First Moon
                7. Hott Streak
                8. Sheza Hot Ruler
                9. Jess PK
Unplaced “Dashing Blu JLicensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence/Uniform Classification Guidelines for Foreign Substances Page #5/16.47.1.8 (U)(1) PROTECTION OF HORSES/15.2.6.9 (B)(2) Penalty recommendations This ruling is written in accordance with CLASS 3 UNIFORM CLASSIFICATION GUIDELINES AND CLASSIFICATION DEFFINITIONS PAGE IV./15.2.6.11(A) NMAC: 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution / 15.2.5.13(E)(4)(d) NMAC: Stewards Authority /15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ALVARO MARTINEZ Ruling Date: 10/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-83 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners Alvaro Martinez Jr., Juan Acosta Ceballos, and Hector Pando having been duly notified, failing to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on October 15, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Gabapentin” detected in the urine of horse “Dashing Blu J”(Test Sample #: NM26560), who finished FIRST place in the 3RD race on August 13, 2017, at The Downs of Albuquerque in Albuquerque, NM. Gabapentin was confirmed in the split sample sent to Industrial Laborites on September 26, 2017.

Andres Gonzalez, the trainer of record for horse “Dashing Blu J”, was duly notified and appeared for this hearing. This is his SECOND Class 3B medication violation in a lifetime.

For Alvaro Martinez Jr., Juan Acosta Ceballos, and Hector Pando’s FIRST Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. The horse “Dashing Blu J” must pass a commission approved veterinary examination with a negative blood and urine test prior to entry.
    2. The horse “Dashing Blu J” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3RD race on August 13, 2017, at The Downs of Albuquerque for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Lajaky Jr.
                2. Jesses Buzz
                3. You Tellem Sixy
                4. A Secret Li Remember
                5. Jess Send Roses
                6. Perfect First Moon
                7. Hott Streak
                8. Sheza Hot Ruler
                9. Jess PK
Unplaced “Dashing Blu JLicensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence/Uniform Classification Guidelines for Foreign Substances Page #5/16.47.1.8 (U)(1) PROTECTION OF HORSES/15.2.6.9 (B)(2) Penalty recommendations This ruling is written in accordance with CLASS 3 UNIFORM CLASSIFICATION GUIDELINES AND CLASSIFICATION DEFFINITIONS PAGE IV./15.2.6.11(A) NMAC: 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution / 15.2.5.13(E)(4)(d) NMAC: Stewards Authority /15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: HECTOR ADRIAN PANDO Ruling Date: 10/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-85 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners Alvaro Martinez Jr., Juan Acosta Ceballos, and Hector Pando having been duly notified, failing to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on October 15, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Gabapentin” detected in the urine of horse “Dashing Blu J”(Test Sample #: NM26560), who finished FIRST place in the 3RD race on August 13, 2017, at The Downs of Albuquerque in Albuquerque, NM. Gabapentin was confirmed in the split sample sent to Industrial Laborites on September 26, 2017.

Andres Gonzalez, the trainer of record for horse “Dashing Blu J”, was duly notified and appeared for this hearing. This is his SECOND Class 3B medication violation in a lifetime.

For Alvaro Martinez Jr., Juan Acosta Ceballos, and Hector Pando’s FIRST Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. The horse “Dashing Blu J” must pass a commission approved veterinary examination with a negative blood and urine test prior to entry.
    2. The horse “Dashing Blu J” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3RD race on August 13, 2017, at The Downs of Albuquerque for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Lajaky Jr.
                2. Jesses Buzz
                3. You Tellem Sixy
                4. A Secret Li Remember
                5. Jess Send Roses
                6. Perfect First Moon
                7. Hott Streak
                8. Sheza Hot Ruler
                9. Jess PK
Unplaced “Dashing Blu JLicensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence/Uniform Classification Guidelines for Foreign Substances Page #5/16.47.1.8 (U)(1) PROTECTION OF HORSES/15.2.6.9 (B)(2) Penalty recommendations This ruling is written in accordance with CLASS 3 UNIFORM CLASSIFICATION GUIDELINES AND CLASSIFICATION DEFFINITIONS PAGE IV./15.2.6.11(A) NMAC: 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution / 15.2.5.13(E)(4)(d) NMAC: Stewards Authority /15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JUAN DE DIOS TORRES Ruling Date: 10/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-76 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3500 Fine Paid: N
Suspension Start: 1/7/2018 Suspension End: 7/5/2018
Ruling Text: Owner/Trainer Juan D. Torres having been duly notified and having appeared before the Board of Stewards on October 9, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “The Three J’s”(Test Sample #: NM26850), who finished 1st place in the 4th race on April 29, 2017, at Sun Ray Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Juan D. Torres.

For Juan D. Torres’s THIRD Class 3B medication violation as a trainer and SECOND Class 3B medication violation as an owner , the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 6 month suspension of all NMRC licenses starting consecutively from ruling 2017-ZIA-71, January 7, 2018, through July 5, 2018, inclusive.
    2. A ($3,500) three thousand and five dollar fine to paid on or before November 16, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “The Three J’s” is placed on the Stewards list for a period of 60 days (beginning May 11, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    4. The horse “The Three J’s” is hereby disqualified from FIRST PLACE and ordered unplaced from the 4th race on April 29, 2017, at Sun Ray Park for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Shesgoodone
                2. David Brue
                3. Catchatigerbythetail
                4. Bet The Sixes
                5. Any Where Jesse Chic
                6. Sensual Queen
                7. Kicken Durt
                8. Miss Jj
                9. Takeoff Scoopie
Unplaced “The Three J’sDuring said time of applicable suspension Juan D. Torres is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Juan D. Torres are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol /16.47.1.8 (U)(1) PROTECTION OF HORSES /15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance with15.2.6.11(A) NMAC: Trainer Responsibility /16.47.1.10(B)(1) NMAC: Absolute Insurer 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution /15.2.5.13(E)(4)(d) NMAC: Stewards Authority/15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ANDRES S GONZALEZ Ruling Date: 10/15/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-74 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 10/26/2017 Suspension End: 1/24/2018
Ruling Text: Trainer Andres Gonzalez having been duly notified and having appeared before the Board of Stewards on October 15, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Gabapentin” detected in the urine of horse “Dashing Blu J”(Test Sample #: NM26560), who finished FIRST place in the 3RD race on August 13, 2017, at The Downs of Albuquerque in Albuquerque, NM. Gabapentin was confirmed in the split sample sent to Industrial Laborites on September 26, 2017.

Alvaro Martinez Jr., Juan Acosta Ceballos, and Hector Pando , the owners of record for horse “Dashing Blu J”, were duly notified and failed to appear for this hearing. This is their FIRST Class 3B medication violation in a lifetime.

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

    1. A 90 day suspension of all NMRC licenses starting October 26, 2017, through January 24, 2018, inclusive.
    2. A ($2,000) two thousand dollar fine to paid on or before November 16, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

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

Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence/Uniform Classification Guidelines for Foreign Substances Page #5/16.47.1.8 (U)(1) PROTECTION OF HORSES/15.2.6.9 (B)(2) Penalty recommendations This ruling is written in accordance with CLASS 3 UNIFORM CLASSIFICATION GUIDELINES AND CLASSIFICATION DEFFINITIONS PAGE IV./15.2.6.11(A) NMAC: Trainer Responsibility 16.47.1.10(B)(1) NMAC: Absolute Insurer/ 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution / 15.2.5.13(E)(4)(d) NMAC: Stewards Authority /15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: LERY RAUL PINERO-RODRIGUEZ Ruling Date: 10/17/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 17244PP Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/24/2017 Suspension End: 10/28/2017
Ruling Text: Careless Riding. JOCKEY LERY R. PINERO-RODRIGUEZ IS HEREBY SUSPENDED FIVE (5) CALENDAR DAYS OCTOBER 24,2017 THROUGH OCTOBER 28,2017 INCLUSIVE, FOR ALLOWING HIS MOUNT "ROSEMARIE" TO BEAR OUT THROUGH THE STRETCH CAUSING INTERFERENCE AND INTIMIDATION IN RACE #1 ON OCTOBER 15,2017 RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM 3RD POSITION TO 4TH IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.234 AND 163.471(A). 163.234 CROSSING AND WEAVING. DURING THE RUNNING OF A RACE, WHEN CLEAR, A HORSE MAY BE TAKEN TO ANOTHER PART OF THE COURSE BUT A HORSE MAY NOT CROSS OR WEAVE IN FRONT OF OTHER HORSES IN SUCH A WAY THAT WOULD IMPEDE THEM OR CONSTITUTE OR CAUSE INTERFERENCE OR INTIMIDATION. 163.471(A) WHENEVER THE COMMISSION, STEWARDS, STARTER OR AN AUTHORIZED OFFICIAL ACTING UNDER THIS CHAPTER, FINDS A PERSON OR LICENSEE GUILTY OF AN ACT OR OMISSION IN VIOLATION OF EITHER THE LETTER OR SPIRIT OF THIS CHAPTER
Name: JASON Y NGUYEN Ruling Date: 10/27/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 17246PP Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/3/2017 Suspension End: 11/7/2017
Ruling Text: Careless Riding. JOCKEY JASON Y. NGUYEN IS HEREBY SUSPENDED FIVE (5) CALENDAR DAYS NOVEMBER 3,2017 THROUGH NOVEMBER 7,2017 INCLUSIVE, FOR ALLOWING HIS MOUNT "EL GRILLO" TO BEAR IN THROUGH THE STRETCH CAUSING INTERFERENCE AND INTIMIDATION IN RACE #8 ON OCTOBER 14,2017 IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.234, 163.235 AND 163.471(A). 163.234 CROSSING AND WEAVING. DURING THE RUNNING OF A RACE, WHEN CLEAR, A HORSE MAY BE TAKEN TO ANOTHER PART OF THE COURSE BUT A HORSE MAY NOT CROSS OR WEAVE IN FRONT OF OTHER HORSES IN SUCH A WAY THAT WOULD IMPEDE THEM OR CONSTITUTE OR CAUSE INTERFERENCE OR INTIMIDATION. 163.471(A) WHENEVER THE COMMISSION, STEWARDS, STARTER OR AN AUTHORIZED OFFICIAL ACTING UNDER THIS CHAPTER, FINDS A PERSON OR LICENSEE GUILTY OF AN ACT OR OMISSION IN VIOLATION OF EITHER THE LETTER OR SPIRIT OF THIS CHAPTER
Name: BRANDON L KULP Ruling Date: 10/18/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17281PN Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: No foal certificate for entered horse. FAILURE TO HAVE THE FOAL CERTIFICATE ON FILE WITH THE HORSE IDENTIFIER FOR TUBE SOCKS IN THE 8TH RACE, OCTOBER 14, 2017, IN VIOLATION OF PA. CODE, TITLE 58, SECTION 165.216. SECTION 165.216: If a licensee shall deliver a horse to an enclosure without a health or Coggin's certificate, enter an untattooed horse, enter a horse whose owner or trainer is not licensed, enter a horse without a satisfactory foal certificate, enter a horse owned or controlled by an ineligible party, enter an ineligible horse, deliver a horse late to the paddock, fail to run an entered horse, file an incomplete or incorrect license application, fail to pay or see to payment of a required licensing fee, fail to file required medication or medication administration report forms, fail to pay a required entry or stake fee, fail to timely complete a phase of the licensing procedure, fail to make a complete or timely scratch of a horse not run, fail to file and maintain current up-to-date records of the ownership, sale, or transfer, or registration of ownership of a horse, enter a horse not properly registered with the Jockey Club following allowance of the time for correction of record allowed in 163.102 (relating to certification of registration and identification), or violate a house rule approved by the Commission pertaining to smoking, fire, safety or parking violations, the stewards or the Commission may enter a fine only prior to the holding of a hearing upon receipt of credible evidence indicating the act. A fine to be imposed prior to a hearing may not exceed $100. In the event of the action, the licensee affected shall be promptly notified in writing by the stewards, or the Commission, of the entry of the fine and of his right to request a hearing under this section and 165.201—165.215 (relating to procedure before stewards) in the event of a fine imposed by the stewards and 165.175 (relating to action without prior hearing) in the event of a fine imposed by the Commission. If the licensee desires to appeal a fine, he shall, on timely compliance with this chapter, be entitled to a hearing de novo. If the request is made, payment of the fine or fines in issue shall be stayed pending the outcome of the hearing. In the absence of a request for hearing under either 165.175 or 165.201—165.216 at the expiration of the time allowed for a hearing fines as initially proposed will become final and binding for purposes. DIRECTIVE NO. 1-89 DATED 2/21/89 CHANGES $100 AMOUNT TO $250 IN RULE 165.216. YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE OCTOBER 28, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS NOVEMBER 8, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: SEBASTIAN ARTHUR BENNINGTON Ruling Date: 10/21/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 17245PP Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Termination from employment. SECURITY EMPLOYEE SEBASTIAN A. BENNINGTON IS NO LONGER EMPLOYED BY PARX RACING, THEREFORE HIS LICENSE #511153514 IS HEREBY RESCINDED.
Name: NORMAN CORCHADO-SIERRA Ruling Date: 10/19/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17283PN Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/31/2017 Suspension End:
Ruling Text: Being under the influence in enclosure. AFTER AN INTERVIEW WITH PENNSYLVANIA RACING COMMISSION INVESTIGATORS, STABLE EMPLOYEE, NORMAN CORCHADO-SIERRA WAS ASKED TO SUBMIT A ROUTINE URINALYSIS. SAID URINALYSIS READ AND CONFIRMED TO BE POSITIVE FOR COCAINE WHICH IS IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.8. THE STABLE EMPLOYEE LICENSE OF NORMAN CORCHADO-SIERRA IS HEREBY SUSPENDED FOR A MINIMUM THIRTY DAYS (30) EFFECTIVE OCTOBER 31, 2017 PENDING COMPLETION OF PROFESSIONAL EVALUATION FOR CHEMICAL DEPENDENCY AND PROVIDING A NEGATIVE URINALYSIS. DURING THIS SUSPENSION, NORMAN CORCHADO-SIERRA IS DENIED ACCESS TO ALL GROUNDS UNDER THE JURISDICTION OF PENNSYLVANIA STATE HORSE RACING COMMISSSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: JUAN DE DIOS TORRES Ruling Date: 10/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-71 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 10/18/2017 Suspension End: 1/6/2018
Ruling Text:

Owner/Trainer Juan Torres, having been duly notified and having appeared before the Board of Stewards on October 09, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “Sies Secrets” (test sample #NC26353) during Out Of Competition Testing on February 06, 2017, at Sunland Park Racetrack in Sunland Park NM . Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Juan Torres. The Board of Stewards hereby assess Juan Torres:

    1. A 80 day suspension of all NMRC licenses starting on, October 18, 2017, through January 06, 2018, inclusive.
    2. ($1500.00) fifthteen hundred and dollar fine to paid on or before November 18 , 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d), the horse “Seis Secrets” was placed on the Stewards list for a period of 60 days (beginning April 14, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

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

Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: prima facie evidence 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample 16.47.1.8 (U)(1) PROTECTION OF HORSES /15.2.6.9 J (1-6) OUT OF COMPETITION 15.2.6.9 (C)(2) Penalty recommendations

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

Name: ROY LEE BOYD Ruling Date: 10/4/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-137 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: On October 4, 2017, the Board of Stewards offered a hearing to Owner/Trainer, Roy Boyd to which he waived his right to a hearing, regarding allegations set forth in Notice of Hearing issued September 29, 2017. The Stewards hereby find the following: The official blood sample #239636, taken on 9/16/17 was reported by Industrial Laboratories, the official testing laboratory, to contain Hydroxy-lidocaine, which is a Class 2 drug, with a B Penalty, designation. The permissible threshold for Hydroxy-lidocaine in the blood is 20 pg/ml. Sample #239636 contained 54.1 pg/ml of the drug, which is above the permissible threshold for this drug. The sample was taken from the two (2) horse, “Preppy”, which ran in the 1st race on 9/16/17 finishing FIRST. Mr. Boyd elected not to have a split sample tested. Based on the above, the Stewards hereby impose the following penalty for the underlying offense: Mr. Boyd’s horse “Preppy” will be disqualified from all purse money and will have a total of 2½ points on his record. With the Hydroxy-lidocaine positive being Mr. Boyd’s second Medication violation in 365 day. Mr. Boyd is fined $1000 (One Thousand Dollars) and is given a 30 day suspension starting, Sunday, October 8, 2017 through and including Monday November 6, 2017.

The horse “Preppy” is disqualified from all purse money; re-distribution is as following.

      1. Charismatic Miss
      2. South Carolina
      3. Girlzilla
      4. Apple of Eden
      5. Mae’s Magic
      6. Highland Queen
      7. Starry Dancer

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: CARLOS ALBERTO RAMOS-RAMOS Ruling Date: 10/20/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17284PN Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/21/2017 Suspension End:
Ruling Text: Being under the influence in enclosure. AFTER AN INTERVIEW WITH PENNSYLVANIA RACING COMMISSION INVESTIGATORS, STABLE EMPLOYEE, CARLOS ALBERTO RAMOS-RAMOS WAS ASKED TO SUBMIT A ROUTINE URINALYSIS. SAID URINALYSIS READ AND CONFIRMED TO BE POSITIVE FOR COCAINE WHICH IS IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.8. THIS IS CARLOS ALBERTO RAMOS-RAMOS THIRD DRUG POSITIVE (2004 & 2007), THEREFORE THE STABLE EMPLOYEE LICENSE OF CARLOS ALBERTO RAMOS-RAMOS IS HEREBY REVOKED FOR THE REMAINDER OF HIS STABLE EMPLOYEE LICENSE WHICH EXPIRES NOVEMBER 30, 2019. SUBJECT WOULD NEED TO CONTACT THE COMMISSION BEFORE APPLYING FOR ANY NEW LICENSE AFTER THAT DATE. DURING THIS REVOKING OF LICENSE, CARLOS ALBERTO RAMOS-RAMOS IS DENIED ACCESS TO ALL GROUNDS UNDER THE JURISDICTION OF PENNSYLVANIA STATE HORSE RACING COMMISSSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: MARIO SANCHEZ Ruling Date: 9/25/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-22 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 15000 Fine Paid: N
Suspension Start: 9/22/2017 Suspension End: 9/22/2020
Ruling Text: BEFORE THE NEW MEXICO RACING COMMISSION

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

STIPULATED SETTLEMENT AGREEMENT

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

Name: MICHAEL ALLEN BARRETT Ruling Date: 9/21/2017
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2017-RM-26 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: USTA#073A71/USTA REF# 1-BNC-4W6W

PENALTY DESCRIPTION - FINE $100

IN THE 11TH AND 12TH RACES ON 9/17/17 AT THE RED MILE, MR BARRETT DID CAUSE LATE DRIVER CHANGES BY FAILING TO CONTACT A DRIVER TO SEE IF HE WAS AVAILABLE AFTER BEING TOLD TO DO SO. FINES NO PAID WITHIN 7 DAYS OF THE ACTION DATE MAY RESULT IN ADDITIONAL FINES AND OR SUSPENSION.

Name: GEORGE FRED ANTHROP Ruling Date: 9/21/2017
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2017-RM-27 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: 9/18/2017 Suspension End: 9/22/2017
Ruling Text: USTA#0929L2/USTA REF#1-9LR-4W70

PHARMACEUTICALS - PHENYLBUTAZONE (CLASS 4, BUTAZOLIDIN)

PENALTY DESCRIPTION - FINED - $250.00, SUSPENDED: FULL - 5 DAYS, 9/18/2017 THRU 9/22/2017, HORSE DISQUALIFIED, PURSE REDISTRIBUTION

THE POST RACE SAMPLE #0101735 COLLECTED ON 8/26/17 FROM 6TH RACE #6 NEW BEGINNINGS WAS FOUND TO CONTAIN PHENYLBUTAZONE AT A CONCENTRATION OF 5.7 UG/ML. THIS IS IN EXCESS OF THE REGULATORY THRESHOLD SET BY THE KHRC. MR. ANTHROP IS SUSPENDED 5 DAYS, FINED $250.00 AND THE PURSE MONEY WON OF $1650.00 IS ORDERED RETURNED AND REDISTRIBUTED. FINES NOT PAID AND PURSE MONEY NOT RETURNED WITHIN 7 DAYS OF THE ACTION DATE MAY RESULT IN ADDITIONAL FINES AND OR SUSPENSION.

Name: WENDY DEANN UHACZ Ruling Date: 10/19/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Presque Isle Downs
Ruling Number: 17157PI Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Drug Positive. HORSE JUNCTION 4TH RACE, SEPTEMBER 13, 2017 The official chemist from the Pennsylvania State Horse Racing Commission issued a report that sample #300433F taken from the horse JUNCTION who finished 6TH (LAST) in the 4TH race, SEPTEMBER 13, 2017 tested positive for COBALT. Trainer WENDY UHACZ waived her right to the testing of the split sample. Thus based on the information submitted to the Board of Stewards by a representative of the Pennsylvania State Horse Racing Commission, a violation has been found of Pa. Code, Title 58, Section 163.302(a)(1), 163.303 (b) & (c) and 163.315. Accordingly, the horse JUNCTION is disqualified from purse money, pursuant to Pa. Code, Title 58, Section 163.303(c) and Commission Directive No. 7-82. The Board of Stewards direct the Horsemen's Bookkeeper to redistribute the purse money from the 4TH race, SEPTEMBER 13, 2017, according to the revised order of finish: 1st- BOYD CROWDER 2nd- DIAMOND BLUE 3rd- CHILLY BAY 4th- FOREVER BERNANDINI 5th- NOBODYDANCESSOBOR 6th- NO SIXTH PLACE This ruling shall in no way affect the pari-mutuel pay-off in the 4TH race, SEPTEMBER 13, 2017. The liability for this positive is under investigation. SECTION 163.302(a)(1): A horse participating in a race may not carry in its body a substance foreign to the natural horse except as otherwise provided. SECTION 163.303(b): A finding by the Chemist that a foreign substance is present in the test sample shall be prima facie evidence that the foreign substance was administered and carried in the body of the horse while participating in a race. This finding shall also be taken as prima facie evidence that the trainer and his agents responsible for the care or custody of the horse has been negligent in the handling or care of the horse. SECTION 163.303(c): (Commission Directive No. 7-82) A finding by the Chemist of a foreign substance or an approved substance used in violation of this section and 163.301, 163.302 and 163.304--163.308 in a test sample of a horse participating in a race may result in the horse being disqualified from purse money or other awards except for purposes of pari-mutuel wagering, which shall be in no way affected. SECTION 163.315: Urine or blood test reports prepared by the official chemist of the Commission shall be deemed prima facie correct and all steps undertaken in the collection, preservation, handling, and testing thereof shall be presumed correct in the absence of affirmative proof to the contrary. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: JIM BOB ARRINGTON Ruling Date: 9/12/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-15 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
DECISION AND ORDER

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

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

Delaware Park Stewards Ruling

(98-2017)

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

Name: JIM TREMAYNE BRINSON Ruling Date: 9/9/2017
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2017-RM-22 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: PHARMACEUTICALS - FLUNIXIN (CLASS 4, BANAMINE), PHENYLBUTAZONE (CLASS 4, BUTAZOLIDIN)

PENALTY DESCRIPTION - FINED $250.00

THE POST RACE SAMPLE #0101639 COLLECTED ON 8/13/17 FROM 11TH RACE #7 FALL TOY WAS FOUND TO CONTAIN PHENYLBUTAZONE AT A CONCENTRATION OF 1.0 UG/ML AND FLUNIXIN AT A CONCENTRATION OF 5.2 NG/ML. THIS IS IN EXCESS FO THE REGULATORY THRESHOLD SET BY THE KHRC. MR BRINSON IS FINED $250.00. FINES NOT PAID WITHIN 7 DAYS OF THE ACTION DATE MAY RESULT IN ADDITIONAL FINES AND OR SUSPENSION.

Name: GEORGE FRED ANTHROP Ruling Date: 9/9/2017
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2017-RM-18 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: USTA # 0929L2/USTA REF #1-9LR-4W23

IN THE 3RD RACE ON 8/24/2017 AT THE RED MILE MR ANTHROP DID CAUSE A LATE DRIVER CHANGE AND IS FINED $50

Name: MARNA SHEHAN Ruling Date: 9/9/2017
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2017-RM-24 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: USTA#911L05/USTA REF# 1-7QCR-4W2T

PHARMACEUTICALS - PHENYLBUTAZONE (CLASS 4, BUTAZOLIDIN), FLUNIXIN (CLASS 4, BANAMINE)

PENALTY DESCRIPTION - FINED $1000.00, HORSE DISQUALIFIED, PURSE REDISTRIBUTION

THE POST RACE SAMPLE #0098484 COLLECTED AT THE MERCER COUNTY FAIR FROM 2ND RACE #2 Sir Lord Hall was found to contain phenylbutazone at a concentration of 4.8 ug/ml and flunixin at a concentration of 340 np/ml. This is in excess of the regulatory thresholds set by the KHRC. Ms. Shehan is fined $1000.00 and the purse money won of $1250.00 is ordered returned and redistributed. Fines not paid and purse money not returned within 7 days of the action date may result in additional fines and or suspension.

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

Delaware Park Stewards Ruling

(94-2017)

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

Name: FILEMON GONZALEZ Ruling Date: 10/15/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 17242PP Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: General Ruling. FREE PONY/STABLE EMPLOYEE FILEMON GONZALEZ IS HEREBY FINED ONE HUNDRED DOLLARS ($100.00) FOR IMPROPER GALLOPING DURING MORNING WORK-OUTS IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.6(C) AND 165.216. 163.6(C) THE STEWARDS MAY FINE, SUSPEND OR RULE OFF A PERSON WHO, IN THEIR OPINION, HAS ACTED TO THE DETRIMENT OF RACING OR VIOLATED THE RULES. 165.216 IF A LICENSEE SHALL...VIOLATE A HOUSE RULE APPROVED BY THE COMMISSION PERTAINING TO SMOKING, FIRE, SAFETY, OR PARKING VIOLATIONS, THE STEWARDS OR THE COMMISSION MAY ENTER A FINE ONLY PRIOR TO THE HOLDING OF A HEARING UPON RECEIPT OF CREDIBLE EVIDENCE INDICATING THE ACT...IF THE LICENSEE DESIRES TO APPEAL A FINE, HE SHALL, ON TIMELY COMPLIANCE WITH THIS CHAPTER, BE ENTITLED TO A HEARING DE NOVO... PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA. STATE HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULING THAT INVOLVE ENTRIES, QUALIFICATIONS...AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214. OWNER/ASSISTANT TRAINER IS HEREBY FINED TEN DOLLARS ($10.00) FOR IMPROPER PARKING IN THE STABLE AREA IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.6(C) AND 165.216.
Name: ALEXANDER J MARTINEZ Ruling Date: 10/26/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17288PN Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Falsification of Application. HAVING PRESENTED AN ALTERED COGGINS TO THE HORSE IDENTIFIERS OFFICE FOR THE HORSE FAMILY TRUST INTHE 1ST RACE AUGUST 24, 2017 IN VIOLATION OF PA. CODE, TITLE 58, SECTION 165.216. DIRECTIVE NO. 1-89 DATED 2/21/89 CHANGES $100 AMOUNT TO $250 IN RULE 165.216. DUE TO MITIGATING CIRCUMSTANCES YOU ARE HEREBY FINED THE SUM OF TWO HUNDRED FIFTY DOLLARS ($250.00). FINE DUE NOVEMBER 7, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS NOVEMBER 17, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: Alfonso Borrego Ruling Date: 8/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-71 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 8/29/2017 Suspension End: 11/27/2017
Ruling Text: Trainer, Alfonso Borrego, having appeared before the Board of Stewards with attorney Helene Garduno Dobbins on August 18, 2017, for an altercation in the barn area at The Downs in Albuquerque, on Sunday July 16, 2017. Alfonso Borrego is found to be in violation of 16.47.8(L)(i) NMRC rules.

Licensee is found to be in violation of: 16.47.8.(L) NMAC: GROUNDS FOR DISCIPLINARY MEASURES FOR A LICENSEE, AND REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE: (i) in part: a person whose conduct or reputation may adversely reflect the orderly conduct of a race meeting....shall include disruptive or intemperate behavior which exposes others to danger anywhere on the racetrack grounds.

For this violation, the Board of Stewards issue the following penalty:

    1. A 90 day suspension of any/all New Mexico Racing Commission licenses, effective Aug. 29, 2017 through Nov. 26, 2017 inclusive.
    2. A ($2000.00) Two Thousand dollar fine. The fine is to paid on or before Sep. 19, 2017 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.
In accordance with 15.2.1.9 (C)(21) Exclusion, Alfonso Borrego is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC and all horses owned, trained, or under the care of Alfonso Borrego are denied further entry.

This ruling is written in accordance with: 16.47.1.8 (L)(1)(i) – Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 16.47.1.8. T. KNOWLEDGE OF RULES: 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: GINA NICOLE PERRI Ruling Date: 10/20/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17285PN Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to disclose required information. HAVING FAILED TO CONDUCT YOUR BUSINESS IN THE PROPER MANNER ( FAILING TO COMPLY WITH INSTRUCTIONS OF A COMMISSION SPECIAL INVESTIGATOR CONCERNING FOAL PAPERS ON THE HORSE SMALL GIANT & SMALL GIANTS' S FOAL PAPERS MARKED WITH INCORRECT DATE OF SALE AND NOT BEING ACCURATE ABOUT WHEN THE HORSE ACTUALLY TRANSFERRED OWNERSHIP), IN VIOLATION OF PA. CODE, TITLE 58, SECTIONS 165.201. SECTION 165.201: The Stewards shall have the power to resolve matters before them including those which are not expressly covered by this chapter. In all cases, the Stewards shall render an opinion in accordance with the generally accepted customs and usages of racing in conformity with equitable standards of justice. YOU ARE HEREBY FINED THE SUM OF TWO HUNDRED FIFTY DOLLARS ($250.00). FINE DUE OCTOBER 31, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS NOVEMBER 10, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: HARLEY C EMERSON Ruling Date: 8/13/2017
Jurisdiction: Kentucky Racing Commission Facility: Thunder Ridge Raceway
Ruling Number: 2017-TR-2 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 5/27/2017 Suspension End: 5/31/2017
Ruling Text: USTA RULING #J2017-006 / USTA REF #1-1B46-4VD6

PHARMACEUTICALS - PHENYLBUTAZONE (CLASS 4, BUTAZOLIDIN)

PENALTY DESCRIPTION - FINED $500.00, SUSPENDED: FULL - 5 DAYS, 5/27/2017 THRU 5/31/2017, HORSE DISQUALIFIED

THE POST RACE SAMPLE #0098271 COLLECTED ON 4/20/2017 FROM THE HORSE STORMIN ON BY WAS FOUND TO CONTAIN PHENYLBUTAZONE AT A CONCENTRATION OF 9.4 UG/ML. MR EMERSON IS SUSPENDED 5 DAYS AND THE PURSE MONEY WON OF $J875.00 IS ORDERED RETURNED AND REDISTRIBUTED.

Name: RONALD NOEL MALETTE Ruling Date: 8/13/2017
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2017-RM-7 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: USTA RULING #J2017-014 / USTA REF # 1-5CXD-4VVO

MR. MALETTE WAS OUT OF POSITION IN THE POST PARADE AND IS FINED $25.00

Name: C KEVIN THOMAS Ruling Date: 8/13/2017
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2017-RM-16 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: USTA RULING #J2017-001 / USTA REF #1-9C4-4UO7

PHARMACEUTICALS - DEXAMETHASONE (CLASS 4, AZIUM, ETC.)

PENALTY DESCRIPTION - FINED: $500, HORSE DISQUALIFIED, PURSE REDISTRIBUTION

THE POST RACE SAMPLE #0077139 COLLECTED ON 8/14/2016 AT THE RED MILE FROM 2ND RACE #5 ERICA AMERICA WAS FOUND TO CONTAIN DEXAMETHASONE (CLASS C) AT A CONCENTRATION OF 27 PG/ML. THIS IS IN EXCESS OF THE REGULATORY THRESHOLD SET BY THE KHRC. THE TRAINER REQUESTED A SPLIT SAMPLE FROM UNIVERSITY OF CALIFORNIA, DAVIS AND THE SAMPLE WAS CONFIRMED FOR DEXAMETHASONE. AS TRAINER MR. THOMAS IS FINED $500.00 AND THE PURSE MONEY WON OF $3750.00 IS ORDERED RETURNED AND REDISTIBUTED. FINES NOT PAID AND PURSE MONEY NOT RETURNED WITHIN 7 DAYS OF THE ACTION DATE MAY RESULT IN HIGHER FINES AND OR SUSPENSION.

Name: WINSTON D EDWARDS Ruling Date: 8/5/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 58-2017 DE Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/5/2017 Suspension End: 9/8/2017
Ruling Text: 58-2017

Groom Winston Edwards, RCI Id 1830744, DOB 6/28/1965, is suspended indefinitely for testing positive for a dangerous controlled substance (Marijuana) on August 5, 2017. It is further ordered that to receive consideration for reinstatement, Mr. Edwards shall be required to successfully complete such a rehabilitation program as required by the Stewards. During the period of his suspension, he shall be denied the privileges of all grounds under the jurisdiction of the Delaware Racing Commission. Refer to D.T.R.C. Rules 2.5, 2.5.1.17.1, 21.0, 21.1.1 and 3.4.

Name: GINA NICOLE PERRI Ruling Date: 10/25/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17287PN Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/5/2017 Suspension End:
Ruling Text: Financial Responsibility. HAVING BEEN DULY NOTIFIED TO APPEAR AT A STEWARDS' HEARING CONCERNING A JUDGEMENT ENTERED AGAINST YOU BY THE DISTRICT JUSTICE, DAUPHIN COUNTY, PENNSYLVANIA IN FAVOR OF BARBARA BLATT FOR RACE RELATED EXPENSES ($4269.03 PLUS $269 COSTS). HAVING FAILED TO APPEAR, YOU ARE HEREBY SUSPENDED NOVEMBER 5TH, 2017, IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.11. When a licensed owner or trainer or their licensed employes, or other persons licensed to engage in racing, shall suffer a final judgement rendered against him in a court of competent jurisdiction within the Commonwealth of Pennsylvania, which judgement is based wholly on an indebtedness incurred by the person for supplies, equipment, or services furnished in connection with horse racing, the Stewards, Commission, or both, may issue an order to the licensee advising the licensee that a hearing will be scheduled at which time the licensee shall show cause as to why his license shall not be suspended until the Commission or Stewards is furnished proof that the judgement in question has been satisfied. DURING THIS SUSPENSION, GINA PERRI IS DENIED ACCESS TO ALL GROUNDS UNDER THE JURISDICTION OF PENNSYLVANIA STATE HORSE RACING COMMISSSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: CODY LYMOIN REYNOLDS Ruling Date: 7/30/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-98 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/8/2017 Suspension End: 2/4/2018
Ruling Text: Trainer Cody Reynolds, having been duly notified and having appeared with counsel C. Barry Crutchfield and Owner Mary Cap before the Board of Stewards on July 29, 2017, concerning a hearing that was continued at the request of Mr. Crutchfield from May 29, 2017. The haring was in regard to Cody Reynolds failing to report, as instructed, to the Ruidoso Test Barn Facility on May 10, 2017, with horse “Chaddyshack” who was selected for out of competition testing.

AGGRVATING CICUMSTANCES:

    1. Cody Reynolds has an extensive history of medication violations.
    2. Cody Reynolds was properly notified in accordance with 15.2.6.9 J (1) (a)(b)OUT OF COMPETITION TESTING

After considering the aggravating circumstances, the Board of Stewards hereby access Cody Reynolds of penalty of a 180 day suspension of all NMRC licenses starting August 08, 2017, through February 4, 2018, inclusive.

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

Licensee is found in violation of 15.2.6.9 J (1) (a-e)OUT OF COMPETITION TESTING/ 15.2.6.9 J (7) (a)(b) OUT OF COMPETITION TESTING/ 15.2.6.9 J (8) OUT OF COMPETITION TESTING

This ruling is written in accordance with 16.47.1.8(L)(1)(e)(i)(3) GROUNDS FOR DISAPLINARY MEASURES FOR A LICENSEEE AND REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE/ 15.2.6.9 J (7) (a)(b) OUT OF COMPETITION TESTING15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: CODY LYMOIN REYNOLDS Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-98-ASD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/8/2017 Suspension End: 2/4/2018
Ruling Text: RE: 2017-RUI-98 - Appeal Stay Denied
Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 7/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-79 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/26/2017 Suspension End: 1/25/2018
Ruling Text: Trainer Jaime Aldavaz having been duly notified and appeared with translator Maggie Aldavaz before the Board of Stewards on July 15, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class 3B stanozolol metabolite “16 hydroxy-stanozolol” detected “A Fancy La Jolla” (test sample #NM23852), who finished 2nd place in the 7th race, on February 10, 2017, at Sunland Park Racetrack in Sunland Park, NM.16 hydroxy-stanozolol”” was confirmed in the split sample sent to Texas A&M.

The Estate of Currie Maben, the owner of record for the horse “A Fancy La Jolla”, was duly notified and represented by Nadine Maben for the hearing. This is The Estate of Currie Maben’s FIRST Class 3B medication violation in a LIFETIME, issued in accordance with 15.2.6.9.(B)(2)Penalty recommendations.

MIDIGATING CIRCUMSTANCES: trainer has had no medication violations since June of 2015. AGGRIVATING CIRCUMSTANCES: the stanozolol metabolite “16 hydroxy-stanozolol” is prohibited in out of competition testing and/or post race, per rule 15.2.6.9(G)(1)(3)ANDROGENIC-ANABOLIC STEROIDS, unless prescribed by a veterinarian pursuant to rule 15.2.6.9(C)(11) Procedure For Prescribing Medication. Jaime Aldavaz failed to follow proper procedures for the use of Stanozolol.

After considering the mitigating and aggravating circumstances, for Jaime Aldavaz’s THIRD Class 3B medication violation in a LIFETIME, the Board of Stewards assessed a penalty in accordance with 15.2.6.9.(B)(2)Penalty recommendations as follows.

    1. A 6 month suspension of all NMRC licenses starting July 26, 2017, through January 25, 2018 inclusive.
    2. 2. ($2,500) two thousand and five hundred dollar fine to paid on or before August 16, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension, Jaime Aldavaz is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Jaime Aldavaz are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie/15.2.6.9(G)(1)ANDROGENIC-ANABOLIC STEROIDS(1) No AAS shall be permitted in test sample collected from racing horses except for residues of the major metabolite of nandrolone, and the naturally occurring substances boldenone and testosterone at concentrations less than the indicated thresholds.(3)Any other anabolic steroids are prohibited in racing horses/15.2.6.9. B(2) Penalty recommendations This ruling is written in accordance with15.2.6.11(A) NMAC: Trainer Responsibility16.47.1.10(B)(1) NMAC: Absolute Insurer 16.47.1.8(L)(2) Written Notice Of Suspension Or Revocation To Licensee And Other Jurisdictions/15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check." "

Name: UMBERTO G BELLOC Ruling Date: 7/15/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-26 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 7/16/2017 Suspension End: 1/16/2018
Ruling Text: Trainer Umberto Belloc having been duly notified and failed to appear before the Board of Stewards July 15, 2017, regarding the following lab reports from UC/Davis (official testing laboratory for the NMSRC) for the confirmed positives for the prohibited class 3 penalty B drug “Clenbuterol”. NM08059 Dec.13, 2014 for the horse “This Fire is Cold”, NM09840 Nov.29, 2014 for the horse “Urbanite”, NM09904 Dec. 5, 2014 for the horse “Eagle on the Fly”, and NM09913 Dec.5, 2014 for the horse “This Fire is Cold”. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Umberto Belloc. Licensee is found in violation of : 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".

For Umberto Belloc’s multiple Class B medication violations, under the PREVIOUS ARCI RULES of 2014 issued in accordance with 15.2.6.9 (C)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 6 Month suspension of all NMRC licenses starting July 16, 2017, through January 15, 2018, inclusive.
    2. A ($5,000.00) Five thousand dollar fine for multiple Class B violations, to be paid on or before Aug. 16, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
During said time of applicable suspension, Umberto Belloc is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Umberto Belloc are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 15.2.6.11(A) NMAC: Trainer Responsibility and 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES

Name: JULIETA NEXY TORRES Ruling Date: 7/15/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-27 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner Diamond Racing Stables LLC (Julieta Torres) having been duly notified and failed to appear before the Board of Stewards July 15, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited class 3 penalty B drug “Clenbuterol” detected in the horse “Urbanite ” (Test Sample #: NM09840), who finished in 6th place in the 10th race on Nov 29, 2014, at Zia Park Race Track. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer Umberto Belloc. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".

For Diamond Racing Stables LLC (Julieta Torres) 4th Class B medication violation issued in accordance with PREVIOUS ARCI RULES of 2014 issued in accordance with 15.2.6.9 (C)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A ($5000.00) Five thousand dollar fine for the 4th Class B violation to paid on or before Aug. 16, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Urbanite” is hereby disqualified from SIXTH PLACE and ordered unplaced from the 10th race on Nov. 29, 2014 at Zia Park Race Track, for all but pari-mutuel wagering. The purse redistribution is as follows.

                1. Stone Cottrell
                2. Call Me Cash Man
                3. Future Jabonero
                4. Uno Mas Hero
                5. Making Fire
                6. First Prize Jewel
                7. Cocoa Cream
                8. Double Chiseled
Unplaced “Urbanite

This ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

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: EBERT MUNOZ Ruling Date: 6/18/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-96 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Ebert Munoz, having been duly notified and having waived his right to a 10 day notice and formal hearing before the Board Of Stewards on June 17, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4 penalty category C drug) found in test sample NM 27037 taken from the horse “Una Linda Corona” following the 7th race, on May 26, 2017 at SunRay Park Racetrack. The original lab report indicated a finding of Phenylbutazone at 2.45 ug/ml in the blood, which exceeds the allowable limit of 2.0 micrograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ebert Munoz. Licensee is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".

Ebert Munoz is the owner and trainer of record for horse “Una Linda Corona”. In accordance with 15.2.6.9 (C)(2)(b) NMAC, this is Ebert Munoz’s 1st Class 4C minor violation. For this 1st Class 4C medication violation issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Ebert Munoz a penalty as follows:

    1. A ($500.00) FIVE hundred dollar fine to be paid on or before July 18, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Una Linda Corona”, must pass a commission-approved examination before being eligible to run.

This ruling is written in accordance with: 15.2.6.9 A. UNIFORM CLASSIFICATION GUIDELINES (4) Class 4 - This category is comprised primarily of therapeutic medications routinely used in race horses. These may influence performance, but generally have a more limited ability to do so. 15.2.6.11(A) NMAC: Trainer Responsibility 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

Name: PETER LOUIS MILLER Ruling Date: 10/26/2017
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 17289PN Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Drug Positive. TRAINER PETER LOUIS MILLER APPEARING AT A HEARING BY TELEPHONE BEFORE THE BOARD OF STEWARDS, ON REPORT FROM THE OFFICIAL CHEMIST FOR THE PENNSYLVANIA STATE HORSE RACING COMMISSION THAT SAMPLE #325681F TAKEN FROM THE HORSE RICHARD'S BOY WHO FINISHED 1ST IN THE 7TH RACE, JUNE 3, 2017 TESTED POSITIVE FOR METHAMPHETAMINE. TRAINER PETER LOUIS MILLER AVAILED HIMSELF TO THE RIGHT OF THE TESTING OF THE SPLIT SAMPLE. ON SEPTEMBER 15, 2017, THE UIC ANIMAL FORENSIC TOXICOLOGY LABORATORY, CHICAGO, ILLINOIS CONFIRMED THAT SPLIT SAMPLE #325681F WAS POSITIVE FOR METHAMPHETAMINE. AFTER CONSIDERING ALL TESTIMONY AND EVIDENCE, THE BOARD OF STEWARDS FIND TRAINER PETER LOUIS MILLER IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.302(a)(1), 163.303(b), 163.309, 163.315 AND 163.521(f). DUE TO MITIGATING CIRCUMSTANCES WITH ONE BEING THAT A STABLE EMPLOYEE WHO SHIPPED WITH THE HORSE TESTED POSITIVE FOR METHAMPHETAMINE, TRAINER PETER LOUIS MILLER IS HEREBY FINED THE SUM OF ONE THOUSAND AND FIVE HUNDRED DOLLARS ($1,500.00). SECTION 163.302(a)(1): A horse participating in a race may not carry in its body a substance foreign to the natural horse except as otherwise provided. SECTION 163.303(b): A finding by the Chemist that a foreign substance is present in the test sample shall be prima facie evidence that the foreign substance was administered and carried in the body of the horse while participating in a race. This finding shall also be taken as prima facie evidence that the trainer and his agents responsible for the care or custody of the horse has been negligent in the handling or care of the horse. SECTION 163.309: The owner, trainer, groom, or other person who is charged with the responsibility of the horse shall protect the horse against the administration or attempted administration, either internally or externally, of a drug to the horse. If the Stewards determine that an owner, trainer, groom, or other person has failed to protect the horse they may immediately suspend the trainer, groom, or other person and refer the matter to the Commission for final disposition. SECTION 163.315: Test Reports. Urine or blood test reports prepared by the official chemist of the Commission shall be deemed prima facie correct and all steps undertaken in the collection, preservation, handling, and testing thereof shall be presumed correct in the absence of affirmative proof to the contrary. SECTION 163.521(f): A trainer shall be responsible for the condition of a horse trained by him. FINE DUE NOVEMBER 8, 2017. IF FINE IS NOT PAID, SUSPENSION BEGINS NOVEMBER 18, 2017. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: MARVIN RICHARDS Ruling Date: 6/1/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 15-2017 DE Ruling Type: Fined
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: 15-2017

Trainer Marvin Richards, RCI: 1859928, DOB 3/3/1973, having appeared before the Board of Stewards on June 1, 2017, is hereby fined the wum of One Hundred ($100.00) dollars for a Fire Safety Violation (portable heater in Barn 2, Tack Room 28). Refer to D.T.R.C. Rules 3.3, 3.4, 3.4.1.15, 5.26, 5.26.1 and 5.26.1.2.

Fine must be paid within 48 hours (Monetary fines not paid within the parameteres of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: CODY LYMOIN REYNOLDS Ruling Date: 5/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-64 Ruling Type: Failure to Meet Financial Obligation
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/30/2017 Suspension End:
Ruling Text: Owner/Trainer Cody Reynolds having been duly notified appeared, and had a hearing held in accordance with 15.2.1.9(B)(4)(d), before the Board of Stewards on May 26, 2017, at SunRay Park Racetrack concerning an outstanding financial obligation (court judgment) to Mundell Terminal Services in the amount of $7,108.plus 8.75% interest per year until the judgment is paid for services rendered. Licensee is found in Violation of: 16.47.1.8 (I): I. FINANCIAL RESPONSIBILITY: (1) All persons engaged in racing shall maintain financial responsibility in matters pertaining to racing and the Parental Responsibility Act. (2) Any person licensed by the commission may file a financial responsibility complaint against another licensee. Any financial responsibility complaint against a licensee shall be in writing, signed by the complainant, and accompanied by documentation of the services, supplies or fees alleged to be due in connection with his/her operations as a licensee. A judgment from a civil court, which has been issued within one year of the date of the complaint, may be honored by the stewards as long as at least the defendant is a licensee.

This ruling in written in accordance with: 16.47.1.8 L (1)(J) NMAC: Grounds For Refusal, Denial, Suspension, or Revocation of License (i) – CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing”

The Board of Stewards order that any/all New Mexico Racing Commission licenses issued to Cody Reynolds be immediately suspended starting May 30, 2017 and that he be deemed ineligible for any future licensing in New Mexico until such time that full payment is made to Mundell Terminal Services in the amount of $7,108 plus 8.75% for services rendered.

16.47.1.8. T KNOWLEDGE OF RULES:

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

Name: CHRISTIAN SANTIAGO REYES Ruling Date: 5/28/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-2 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/28/2017 Suspension End:
Ruling Text: Jockey Christian Santiago Reyes is hereby suspended, effective May 28, 2017, having failed to pay the ($500) five hundred dollar fine assessed in Ruling 2016-ZIA-40.

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

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

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

Name: CODY LYMOIN REYNOLDS Ruling Date: 5/20/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-51 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 5/30/2017 Suspension End: 6/30/2017
Ruling Text: Trainer Cody Reynolds having been duly notified and appearing before the Board Of Stewards on May 19, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Dexamethasone (class 4 penalty category C drug) found in test sample NM25186 taken from the horse “Eaglelistic” who finished 1st in the 8th race, on March 10, 2017, at Sunland Park Racetrack in Sunland Park, NM. The original lab report indicated a finding of Dexamethasone at 186 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood. Sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and confirmed by Texas A & M Laboratory at 156pg/ml +/- 60. Licensee is found to be in violation of: 15.2.6.9(C)(1) : Prima Facie Evidence A finding by the commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. Prohibited substances include: drugs or medications for which no acceptable levels have been established; therapeutic medications in excess of established acceptable levels; substances present in the horse in excess of levels at which such substances could occur naturally; substances foreign to a horse at levels that cause interference with testing procedures. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

For Cody Reynolds’s Fifth Class 4C 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 June 20, 2017, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. A 30 day suspension of all NMRC licenses starting May 30, 2017, through June 29, 2017, inclusive.
    3. During said time of applicable suspension, Cody Reynolds is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Cody Reynolds are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.6.11(A): Trainer Responsibility: The trainer is responsible for the condition of horses entered in an official workout or race and is responsible for the presence of any prohibited drug, medication or other substance, including permitted medication in excess of the maximum allowable level, in such horses. A positive test for a prohibited drug, medication or substance, including permitted medication in excess of the maximum allowable level, as reported by a Commission approved laboratory, is prima facie evidence of a violation of this rule. In the absence of substantial evidence to the contrary, the trainer is responsible. 15.2.6.11(B) Trainer Responsibility A trainer shall prevent the administration of any drug or medication or other prohibited substance that may cause a violation of these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ERNEST FENNELL Ruling Date: 5/15/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-44 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 5/17/2017 Suspension End: 6/16/2017
Ruling Text: Trainer: Ernest Fennell, having been duly notified and having responded telephonically before the Board of Stewards on May 14, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Osbaldo Weapon” (Test Sample #: NM22006), who finished 3rd place in the 4th race on March 17, 2017, at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ernest Fennell. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

For Ernest Fennell’s First Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2), the Board of Stewards assessed a penalty as follows.

    1. A 30 day suspension of all NMRC licenses starting May 17, 2017 through June 16, 2017, inclusive. Ernest Fennell waived his rights to appeal to start suspension early.
    2. ($1000.00) One Thousand dollar fine to paid on or before June 15, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Oswaldo Weapon” is placed on the Stewards list for a period of 60 days (beginning April 11, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    4. The horse “Oswaldo Weapon” is hereby disqualified from Third PLACE and ordered unplaced from the 4th race on March 17, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Franngelico
                2. Mister Royal Tee
                3. Vintage Corazon
                4. Volcanic Vike
                5. Macarena Nueve
                6. Mischka J
                7. LeftlaneGroupie James
Unplaced “Oswaldo WeaponDuring said time of applicable suspension, Ernest Fennell is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Ernest Fennell are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

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

Name: HUBALDO SOLIS Ruling Date: 5/15/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-45 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner: Hubaldo Solis having been duly notified and having appeared before the Board of Stewards on May 14, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Osbaldo Weapon” (Test Sample #: NM22006), who finished 3rd place in the 4th race on March 17, 2017, at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Trainer Ernest Fennell. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

For Hubaldo Solis Fourth Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2), the Board of Stewards assessed a penalty as follows.

    1. A ($5000.00) Five Thousand dollar fine to paid on or before June 15, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Oswaldo Weapon” is placed on the Stewards list for a period of 60 days (beginning April 11, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “Oswaldo Weapon” is hereby disqualified from Third PLACE and ordered unplaced from the 4th race on March 17, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Franngelico
                2. Mister Royal Tee
                3. Vintage Corazon
                4. Volcanic Vike
                5. Macarena Nueve
                6. Mischka J
                7. LeftlaneGroupie James
Unplaced “Oswaldo Weapon

This ruling is written in accordance with 15.2.3.8(B)(3)(k) NMAC: Which states in pertinent part that “Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.” 15.2.5.13(E)(4)(d) NMAC: Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification.” 16.47.1.8. T. KNOWLEDGE OF RULES: 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: ALFREDO MORRIS GOMEZ Ruling Date: 5/14/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-36 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 4500 Fine Paid: N
Suspension Start: 5/14/2017 Suspension End: 11/10/2017
Ruling Text: Trainer: Alfredo M. Gomez, having been duly notified, and having appeared telefonically before the Board of Stewards May 13, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for confirmed positives of Clenbuterol at 383pg/ml and Carbazachrome at 10 ng/ml for the horse Klassic Strawfly (sample #NM25189), in the 9th race March 10, 2017, in the 30th QH West Texas Maturity at Sunland Park.

Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to trainer Alfredo Gomez and confirmed by Industrial Laboratories. This is in violation of: 15.2.6.9. D. MEDICATION RESTRICTIONS: (2) Drugs or medications in horses are permissible, provided: the drug or medication is listed by the association of racing commissioners international's drug testing standards and practices program; the maximum permissible urine or blood concentration of the drug or medication does not exceed the published limit. (4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. (5) Any horse that is the subject of a positive test report from the official laboratory for a drug in one of the following categories shall be placed immediately on the steward’s list: (c) clenbuterol or other beta-agonist drugs with significant anabolic effects that are not currently penalty class A drugs; The Board of Stewards assessed a penalty as follows. 1. A $3500.00 fine for Clenbuterol, a $1000.00 fine for Carbazachrome (Total: $4500) to paid on or before June 13, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension. 2. Pursuant to rules 15.2.6.9(D)(5)(c), 15.2.6.9 (D)(6), and 15.2.6.9(D)(7), the horse was placed on the Stewards list for a period of 60 days (March 29, 2017 through May 28, 2017 inclusive), during this period the papers were removed from the racing office and the horse was denied entry until they passed a commission approved veterinary examination (which was negative) before being eligible to enter. 3. A 6 month suspension of all NMRC licenses starting May 14, 2017 through Nov 10, 2017, inclusive. Alfredo M. Gomez waived his 10 day appeal rights. The horse “Klassic Strawfly” is hereby disqualified from FIRST PLACE and ordered unplaced from the 9th race on March 10, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

                1. Jm Apollo
                2. May Be Fantastic
                3. Walken to the Moon
                4. Rattle N Battle
                5. Flare for Ivory
                6. Sf Hot Pass
                7. Fine Oak Corona
                8. Once Over
Unplaced “Klassic Strawfly” During said time of applicable suspension,Alfredo M. Gomez 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 ofAlfredo M. Gomez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). This ruling is written in accordance with 15.2.6.11(A) NMAC: Trainer Responsibility and 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

Name: ROJELIO VALDEZ RONQUILLO Ruling Date: 4/30/2017
Jurisdiction: Arizona Department of Racing Facility: Rillito
Ruling Number: 16-17TP119 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2625 Fine Paid: N
Suspension Start: 5/1/2017 Suspension End: 10/28/2017
Ruling Text: Having been properly noticed for a formal hearing and having appeared, waiving the right of counsel, on April 30, 2017 Owner/Trainer Rojelio Valdez Ronquillo (ADG #11878) 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 AND TWENTY FIVE DOLLARS ($2,625.00) and suspended ONE HUNDRED AND EIGHTY DAYS (180) calendar days (May 1, 2017, through October 28, 2017, inclusive) after receipt of a report from Texas A & M Veterinary Medical Diagnostic Laboratory indicating that blood sample #E225110, taken from the horse "BLACK OPS", first place finisher in the eighth race on March 12, 2017, at Rillito Park, was confirmed positive for the presence of benzoylecgonine (the major metabolite of cocaine, an ARCI Class I, Penalty A foreign substance) at a concentration of approximately 140 pg/ml.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by May 10, 2017, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning May 11, 2017 through and inclusive of November 7, 2017, and this matter is referred to the Director of the Arizona Department of Gaming, Division of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

During the term of his/her suspension Rojelio Valdez Ronquillo is denied access to all grounds under the jurisdiction of the Arizona Department of Gaming, Division of Racing.

The horse "BLACK OPS", first place finisher of the eighth race on March 12, 2017 is hereby disqualified and declared unplaced. The revised order of finish is as follows: 1. #1 TWO STEP DASH 2. #7 LOOKIN TEMPTING 3. #3 SIGN HAWKINGSON 4. #8 PYC VALENTINA DASH 5. #5 FUGAZ 6. #6 KATIES MIRACLE The horsemen's bookkeeper is hereby directed to make the necessary changes. This revision of the 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. R19-2-102.39.; A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.; A.A.C. R19-2-111.B.; A.A.C. R19-2-111.C.; A.A.C.; A.A.C. R19-2-120.C.2.a.b.c.d.e.f.g.h.i.j.; A.A.C. R19-2-120.C.3.; A.A.C. R19-2-120.C.6.; A.A.C. R19-2-120.D.1.; R19-2-120.D.2.a.; A.A.C. R19-2-120.L.; A.A.C. R19-2-120.O.1.d.e.; A.A.C. R19-2-120.O.2.; A.A.C. R19-2-121.E.2.; A.A.C. R19-2-121.E.3.; A.A.C. R19-2-121.E.3.d.f.g.; A.A.C. R19-2-121.E.6.a.b.c.d.e.f.i.j.k.

Name: ROJELIO VALDEZ RONQUILLO Ruling Date: 5/19/2017
Jurisdiction: Arizona Department of Racing Facility: Rillito
Ruling Number: 16-17TP119-FTC Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2625 Fine Paid: N
Suspension Start: 5/1/2017 Suspension End: 10/28/2017
Ruling Text: RE: 16-17TP119 - Failure to Comply - Failed to pay $2,625.00 fine by 05/10/2017 as directed in Ruling 16-17TP119 so suspened additiopnal time of 05/11/17 through and including 11/07/2017.
Name: ROJELIO VALDEZ RONQUILLO Ruling Date: 11/15/2017
Jurisdiction: Arizona Department of Racing Facility: Rillito
Ruling Number: 16-17TP119-FTC1 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2625 Fine Paid: N
Suspension Start: 5/1/2017 Suspension End: 10/28/2017
Ruling Text: RE: 16-17TP119 - Failure to Comply - Matter scheduled for Hearing before the Racing Director on 01/17/2018.
Name: JAMES JULIAN GONZALES Ruling Date: 4/14/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-184 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/14/2017 Suspension End: 5/26/2017
Ruling Text: Trainer James Julian Gonzales is hereby suspended, effective April 14, 2017, having failed to pay the ($2,500) two thousand and five hundred dollar fine assessed in Ruling 2016-SUN-98, the ($50) fifty dollar fine assessed in Ruling 2016-SUN-245, and the ($200) two hundred dollar fine assessed in Ruling 2016-SUN-246.

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

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

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

Name: JAMES JULIAN GONZALES Ruling Date: 5/26/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-184-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/14/2017 Suspension End: 5/26/2017
Ruling Text: RE: 2017-SUN-184 - Restored to Good Standing
Name: HUBALDO SOLIS Ruling Date: 4/14/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-186 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner, Hubaldo Solis having been duly notified, failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d) Non-Appearance, before the Board of Stewards on April 9, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “A Super Sonic Boom”(Test Sample #: NM23981), who finished 4th place in the 10th race on February 19, 2017, at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Miguel Castillo.

Miguel Castillo, the trainer of record for horse “A Super Sonic Boom”, was duly notified and failed to appear for this hearing. In accordance with 15.2.1.9(B)(4)(d) Non-Appearance and 15.2.6.9 (B)(2) Penalty Recommendations, this is Mr. Castillo’s NINTH Class 3B medication violation in a lifetime.

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

    1. A ($5,000) five thousand dollar fine to be paid on or before May 15, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “A Super Sonic Boom” is placed on the Stewards list for a period of 60 days (beginning March 15, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “A Super Sonic Boom” is hereby disqualified from FOURTH PLACE and ordered unplaced from the 10th race on February 19, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Running Dragon
                2. Peyote Run
                3. Go Daddy Gone
                4. A Sure First
                5. Miss Call Me First
                6. Es Runnin
                7. Mighty B Dragon
Unplaced “A Super Sonic BoomLicensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Prima Facie Evidence/ 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/16.47.1.8 (U)(1) PROTECTION OF HORSES/ 15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance with15.2.3.8(B)(3)(k) NMAC: Redistribution of Purses or Prizes/15.2.5.13(E)(4)(d) NMAC: Stewards Authority/15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority/ 16.47.1.8 (A)(1)(2) License Required 16.47.1.8(N) Last Known Address/ 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: HUBALDO SOLIS Ruling Date: 3/31/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-160 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Hubaldo Solis, having been duly notified, failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d), before the Board of Stewards on March 25, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “My Coronita(test sample #NC26373) during Out Of Competition Testing on February 15, 2017, at Sunland Park Racetrack in Sunland Park NM . Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Miguel Castillo.

Miguel Castillo, the trainer of record for horse “My Coronita”, was duly notified and responded telephonically for this hearing. In accordance with 15.2.6.9 (B)(2), this is Miguel Castillo’s FIFTH class 3B medication violation in a lifetime.

For Hubaldo Solis’s SECOND Class 3B medication violation, issued in accordance with 15.2.6.9(J)(3) and 15.2.6.9 (B)(2) the Board of Stewards assessed a penalty as follows.

    1. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d), the horse “Parhelion” was placed on the Stewards list for a period of 60 days (beginning March 3, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

Licensee is found in violation of 15.2.6.9(C)(1-2-3): prima facie evidence / 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/16.47.1.8 (U)(1) PROTECTION OF HORSES /15.2.6.9 J (1-6) OUT OF COMPETITION TESTING 15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance with15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority /16.47.1.8. T. KNOWLEDGE OF RULES: /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1) License Required /16.47.1.8 (A)(2) License Required/ 16.47.1.8(N) Last Known Address/ 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ALEX SANCHEZ Ruling Date: 3/28/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-149 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/28/2017 Suspension End:
Ruling Text: The Trainer License and Owner issued to Alejandro Sanchez, is herby suspended for being suspended in another jurisdiction (Oklahoma ruling number 2013-OHRC-002). (Alejandro Sanchez must be reinstated by Oklahoma and must appear before the New Mexico Board of Stewards prior to any future licensing)

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

Licensee is found to be in violation of: 16.47.1.8 (L)(1) (h) Reciprocity The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant has had a license denied, suspended, or revoked by any racing jurisdiction. 16.47.1.8 (L)(1) (e) Reciprocity /16.47.1.8 (L)(1) (g) Reciprocity /16.47.1.8 (L)(1) (i) Conduct This ruling is written in accordance with: 15.2.1.9(C)(22)(a) Reciprocity The stewards shall honor the rulings issued by other pari-mutuel racing commissions. 15.2.1.9(C)(22)(b) Reciprocity/15.2.3.8 B (3)(f) Stewards Disciplinary Action/15.2.3.8 B (3)(a) Stewards Disciplinary Action/15.2.3.8 B (1) (d) Stewards General Authority/16.47.1.8. T. KNOWLEDGE OF RULES/16.47.1.3 Statutory Authority /16.47.1.8 (A)(1) License Required/ 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address/16.47.1.8(N) Last Known Address

Name: ROBERTO SANCHEZ Ruling Date: 3/28/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-150 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/28/2017 Suspension End:
Ruling Text: The Trainer License and Owner issued to Roberto Sanchez, is herby suspended for being suspended in another jurisdiction (Oklahoma ruling number 2013-OHRC-001). (Roberto Sanchez, must be reinstated by Oklahoma and must appear before the New Mexico Board of Stewards prior to any future licensing)

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

Licensee is found to be in violation of: 16.47.1.8 (L)(1) (h) Reciprocity The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant has had a license denied, suspended, or revoked by any racing jurisdiction. 16.47.1.8 (L)(1) (e) Reciprocity /16.47.1.8 (L)(1) (g) Reciprocity /16.47.1.8 (L)(1) (i) Conduct This ruling is written in accordance with: 15.2.1.9(C)(22)(a) Reciprocity The stewards shall honor the rulings issued by other pari-mutuel racing commissions. 15.2.1.9(C)(22)(b) Reciprocity/15.2.3.8 B (3)(f) Stewards Disciplinary Action/15.2.3.8 B (3)(a) Stewards Disciplinary Action/15.2.3.8 B (1) (d) Stewards General Authority/16.47.1.8. T. KNOWLEDGE OF RULES/16.47.1.3 Statutory Authority /16.47.1.8 (A)(1) License Required/ 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address/16.47.1.8(N) Last Known Address

Name: ELLIOTT LLOYD BACHICHA Ruling Date: 3/9/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-3 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 3/17/2017 Suspension End: 3/17/2018
Ruling Text:
 
 
BEFORE THE RACING COMMISSION
 
 
IN THE MATTER OF:
 
TRAINER ELLIOT BACHICHA, LICENSE NO. 56083329,
FOR POSITIVE SAMPLE #NM10282
OWNERS ROBERT BACA, MARCELINO ORTIZ
HORSE “PERRY TEES JET”,
 
Respondents.
 
 
DECISION AND ORDER
 
            WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on February 16, 2017, on review of the hearing officer’s report regarding the above named Appellant;
           WHEREAS, proper notice was given to those parties entitled to notice;
           WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material;
 WHEREAS, the hearing officer’s report is attached to this Decision and Order;
WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law;
WHEREAS, the Commission finds that Appellant’s actions constitute a violation of New Mexico Racing Commission Rules;
WHEREAS the Commission finds there to be sufficient evidence to support the finding of violations on behalf of Appellant;
WHEREAS the Commission voted unanimously to adopt the penalty recommendations of the Hearing Officer and to incorporate additional conditions.
 
IT IS THEREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Zilpaterol) in a horse he is training. As such, Appellant, the Owners, and the horse “Perry Tees Jet” shall be assessed penalties as follows with conditions as follows:
      1. Appellant Trainer Bachicha is assessed a fine in the amount of twenty-five thousand dollars ($25,000) to be paid prior to appearing before the Commission as set forth in IV below;
      2. Appellant Trainer Bachicha is assessed a suspension of one (1) year;
      3. Once eligible, Appellant Trainer Bachicha must retake and pass the trainer’s test prior to the suspension of his license being lifted;
      4. Once eligible, Appellant Trainer Bachicha must personally appear before the Commission prior to the suspension of the license being lifted and after having taken and passed the trainer’s test. Appellant Trainer Bachicha must request to be placed on the Agenda;
      5. Appellant Trainer Bachicha is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;
      6. Loss of the purse for the horse “Perry Tees Jet which placed 1st in the 1st race at the Downs at Albuquerque on October 26, 2014;
      7. The horse be placed on the veterinarian’s list for ninety (90) days; and
      8. The horse must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.
This Decision and Order shall be served upon Appellant Trainer Bachicha in accordance with law.  This Order will take effect on March 17, 2017. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.
IT IS SO ORDERED.
Name: JOSE L MUELA Ruling Date: 3/7/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-129 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Trainer Jose L Muela, having been duly notified and having waived his right to a 10 day notice and formal hearing before the Board Of Stewards on March 4, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4 penalty category C drug) found in test sample NM 23735 taken from the third place finisherJM Miracle” following the 10th race, on January 29, 2017 at Sunland Park Racetrack in Sunland Park , NM. The original lab report indicated a finding of Phenylbutazone at 2.94 micrograms per milliliter in the blood, which exceeds the allowable limit of 2.0 micrograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Jose L Muela. Javier Marquez is the owner of record for horse JM Miracle”. In accordance with 15.2.6.9 (C)(2)(b) NMAC, this is Mr. Marquez’s FIRST Class 4C minor violation. For this FIRST Class 4C medication violation issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Jose L Muela a penalty as follows:

    1. A ($500) FIVE hundred dollar fine to be paid on or before April 7, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse JM Miracle, must pass a commission-approved examination before being eligible to run.
Licensee is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: Prima Facie Evidence/ 15.2.6.9 C.(3) PENALTY RECOMMENDATIONS: Trainer 1st offense in any jurisdiction, the penalty is a minimum of a written warning to maximum fine of $500. Owner 1st offense (365-day period) in any jurisdiction, the penalty is the horse may be required to pass a commission-approved examination before being eligible to run This ruling is written in accordance with: 15.2.6.9 A. (4) UNIFORM CLASSIFICATION GUIDELINES Class 15.2.6.11(A) NMAC: Trainer Responsibility 16.47.1.10(B)(1) NMAC: Absolute Insurer 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: DAVID VANWINKLE Ruling Date: 2/20/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 16-17TP089 Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1050 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing, and having appeared with counsel, Trainer David VanWinkle (ADOR License #11151) is hereby fined ONE THOUSAND DOLLARS ($1,000.00) plus 5% Race Horse Adoption Fund for a total of ONE THOUSAND AND FIFTY DOLLARS ($1,050.00), and suspended 30 calendar days (February 22, 2017 throughout and inclusive of March 24, 2017) following receipt of a report from Industrial Laboratories indicating that blood sample #E194758, taken from the horse "CHARLIE AGAIN," sixth place finisher in the seventh race on January 14, 2017, at Turf Paradise Race Course, was confirmed positive for the presence of Total Carbon Dioxide (TCO2) at a level of 42.7 +/- 3.2 mmol/L. This amount exceeds the allowed level in Arizona.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by March 4, 2017, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning March 5, 2017, through and inclusive of September 1, 2017, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The horse "CHARLIE AGAIN", sixth place finisher in the seventh race on January 14, 2017, at Turf Paradise Race Course is hereby disqualified and declared unplaced. The revised order of finish is as follows:

1st #4 TEN CARAT ROCK 6th #2 ARIZONA MOON 2nd #1 POWER PED 7th #6 STORM POWER 3rd #10 RED ZEUS 8th #7 AVENTADOR 4th #3 BLUE BOMBER 9th #5 RIDE HARD KOWBOY 5th #9 THETRAILERGUY

The Horsemen's Bookkeeper is hereby directed to make the necessary changes. This ruling in no way alters the Pari-Mutuel results of the race in question

During the term of this suspension Owner/Trainer David VanWinkle is denied access to all grounds of the Arizona Department of Gaming/Racing Division. All horses owned and/or trained by the respondent are hereby denied entry to race pending sale and/or transfer approved by the board of Stewards.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102.39.; A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.; A.A.C. R19-2-111.B.; A.A.C. R19-2-111.C.; A.A.C.; A.A.C. R19-2-120.C.2.a.b.c.d.e.f.g.h.i.j.; A.A.C. R19-2-120.C.3.; A.A.C. R19-2-120.C.6.; A.A.C. R19-2-120.D.1.; A.A.C. R19-2-120.D.2.c.; A.A.C. R19-2-120.L.1.a.b.c.d.e.; A.A.C. R19-2-120.L.2.; A.A.C. R19-2-120.L.3.a.b.c.d.e.; A.A.C. R19-2-120.O.1.d.e.; A.A.C. R19-2-120.O.2.; A.A.C. R19-2-121.E.2.; A.A.C. R19-2-121.E.3.; A.A.C. R19-2-121.E.3.d.f.g.; A.A.C. R19-2-121.E.6.a.b.c.d.e.f.i.j.k.;

Name: DAVID VANWINKLE Ruling Date: 11/15/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 16-17TP089-ASG Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1050 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 16-17TP089 - Appeal Stay Granted Pending the Appeal Process
Name: DAVID VANWINKLE Ruling Date: 11/15/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 16-17TP089-SA Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1050 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 16-17TP089 - Settlement Agreement -
TERMS AND CONDITIONS
      1. Subject to the terms and conditions of this Agreement, and in consideration therefor, Mr. Van Winkle and the Racing Division agree that:
      2. Pursuant to A.R.S. §§ 5-108.05(A) and 5-115(C), the Racing Division may assess civil penalties, suspend, revoke a license or impose probation requirements or any combination of these sanctions, based on any of the grounds for which the department could refuse to issue a license pursuant to A.R.S. § 5-108 or for a violation of any provision of the article or the rules of the commission or department.
      3. The Racing Division asserts that sufficient evidence exists to substantiate that Mr. Van Winkle committed a violation of Racing Division rules and statutes, as outlined in Stewards' Ruling No. 16-17TP089. Without admitting liability and disputing the findings in Stewards' Ruling No. 16-17TP089, Mr. Van Winkle agrees to enter into this Agreement;
      4. In exchange for concessions in this Agreement, Mr. Van Winkle waives his right to appeal Stewards' Ruling No. 16-17TP089 or have a hearing on that appeal, and waives any and all other administrative or judicial remedies he may have with respect to Stewards' Ruling No. 16-17TP089.
      5. The hearing set on December 1, 2017, will be vacated.
      6. Mr. Van Winkle's license shall be in probationary status for ninety (90) days (the "probationary period"), beginning on the date Mr. Van Winkle executes this Agreement; and, during such probationary period, the result of the case will be reported as a "Settlement Agreement" to the Association of Racing Commissioners International ("ARCI").
      7. Mr. Van Winkle will pay, in settlement of the Racing Division's claim, a civil penalty in the amount of one thousand dollars ($1000.00) plus the five percent (5%) Race Horse Adoption Surcharge of fifty dollars ($50.00) for a total of one thousand fifty dollars ($1050.00). Payment of the civil penalty shall be temporarily suspended during the probationary period.
      8. If Mr. Van Winkle successfully completes the probationary period under section 1(e): (i) the obligation to pay a civil penalty under section 1(f) shall be permanently dismissed; (ii) the incident shall remain reported to ARCI as a "Settlement Agreement;" and (iii) the Racing Division shall take no further disciplinary action based on the allegations stated in Stewards' Ruling No. 16-17TP089.
      9. Mr. Van Winkle's failure to fulfill obligations under this Agreement may render this Agreement null and void and subject Mr. Van Winkle to further disciplinary proceedings. If, however, any such failure to abide by this Agreement consists of any medication violation committed during probation, the following shall occur: (i) Mr. Van Winkle's probationary status will be terminated; (ii) there shall be a determination that Mr. Van Winkle has violated the racing statutes and rules as indicated in the Stewards' Ruling No. 16-17TP089; (iii) the suspension of civil penalty under Subsection 1(f) shall be terminated; (iv) the civil penalty under Subsection 1(f) must be paid as directed by the Racing Division; and (v) the violation shall be reported to the ARCI as a violation punished by a fine.
      10. The parties agree to settle, compromise, and release any and all past, present or future claims, demands, obligations, actions, causes of action, rights, damages, costs, expenses, and compensation of any nature whatsoever, whether known or unknown at the time this Agreement is executed, that may have resulted or hereafter result from, have been caused or may be claimed to have been caused by, or are arising out of, the acts or omissions alleged in Stewards' Ruling No. 16-17TP089.
      11. Mr. Van Winkle agrees to abide, at all times, by the terms and conditions set forth in the Arizona Revised Statutes, Title 5, Chapter 1, Article 1, Horse Racing; the Arizona Administrative Code, Title 19, Chapter 2, Article 1, Horse Racing Rules; state and federal Laws; and all written race track policies. Mr. Van Winkle understands and agrees that any horse in his care is subject to pre- or post-race testing for medication violations at any time, and that Mr. Van Winkle is responsible for being aware of such testing and, either personally or through his authorized representative, requesting split sample testing under the rules.
4. The parties further agree that each side shall bear their own costs and attorneys’ fees, if any. 5. This Agreement represents the entire Agreement of the parties with respect to the subject hereof, and no representations, warranties, inducements, or oral agreements have been made by any of the parties as previously set forth herein. 6. This Agreement is to be construed and interpreted in accordance with the laws of the State of Arizona.
Name: JOSE L MUELA Ruling Date: 2/11/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-92 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 2/12/2017 Suspension End: 3/14/2017
Ruling Text: Trainer Jose Luis Muela having been duly notified and having appeared before the Board of Stewards on January 27, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Boxwineizfine”( Test Sample #: NM21890), who finished first place in the 10th race on December 11, 2016, at Zia Park Racetrack in Hobbs, NM. Clenbuterol was confirmed in the split sample sent to Texas A&M on January 10, 2017. Luis Hernandez and Regal Racing (Roy Sanchez), are the owners of record for horse “Boxwineizfine”, were duly notified and appeared for this hearing. In accordance with rules 15.2.6.9 (C)(2)(b) this is Mr. Hernandez’s SECOND Class 3B medication violation in a 365-day period (refer to ruling 2016-ZIA-147) and Mr. Sanchez’s THIRD Class 3B medication violation in a 365-day period (refer to rulings 2016-RUI-68 and 2016-ZIA-106)

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

    1. A 30 day suspension of all NMRC licenses starting February 12, 2017, through March 14, 2017, inclusive.
    2. ($750) seven hundred and fifty dollar fine to paid on or before March 13, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.6.9(C)(5)(c), 15.2.6.9 (C)(6), and 15.2.6.9(C)(7),the horse “Boxwineizfine” is placed on the Stewards list for a period of 60 days (beginning December 23, 2016). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    4. The horse “Boxwineizfine” is hereby disqualified from FIRST PLACE and ordered unplaced from the 10th race on December 11, 2016, at Zia Park Racetrack in Hobbs, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Apollitical Sign
                2. Perrys Stamina
                3. Memphis D Nasty
                4. Wagon Full of Gold
                5. Carters Last Straw
                6. Hot Authorization
                7. Win Rabbits Fly
Unplaced “BoxwineizfineDuring said time of applicable suspension, Jose Luis Muela.is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Jose Luis Muela are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Licensee is found in violation of :15.2.6.9(C)(1-2-3) NMAC: prima facie evidence/ 15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.9. B. Penalty recommendations Trainer First Lifetime offense (365-day period) in any jurisdiction: A minimum 15-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 60-day suspension. A minimum fine of $500 absent mitigating circumstances or the presence of aggravating factors could be used to impose a $1,000 fine Owner Second Lifetime offense (365-day period) in any jurisdiction: Disqualification, loss of purse (in the absence of mitigating circumstances)* and horse must pass a commission-approved examination before becoming eligible to be entered. Owner Third Lifetime offense Disqualification, loss of purse, and in the absence of mitigating circumstances a $5,000 fine* and horse shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered This ruling is written in accordance with 15.2.6.11(A) NMAC: Trainer Responsibility/ 16.47.1.10(B)(1) NMAC: Absolute Insurer/ 15.2.3.8(B)(3)(k) NMAC: Redistribution of purses/ 15.2.5.13(E)(4)(d) NMAC: Stewards Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority/ 16.47.1.8 (A)(1)(2) License Required/ 16.47.1.8(N) Last Known Address/ 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ROY ULISSES SANCHEZ Ruling Date: 2/11/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-93 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Regal Racing (Roy Sanchez) having been duly notified and having appeared before the Board of Stewards on January 27, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Boxwineizfine”( Test Sample #: NM21890), who finished first place in the 10th race on December 11, 2016, at Zia Park Racetrack in Hobbs, NM. Clenbuterol was confirmed in the split sample sent to Texas A&M on January 10, 2017. Jose Luis Muela, the trainer of record for horse “Boxwineizfine”, was duly notified and appeared for this hearing. In accordance with rules 15.2.6.9 (C)(2)(b) , this is Mr. Muela’s FIRST Class 3B medication violation in a 365-day period

For this THIRD Class 3B medication violation in a 365- day period(refer to rulings 2016-RUI-68 and 2016-ZIA-106) issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed Regal Racing (Roy Sanchez) a penalty as follows.

    1. ($5,000) five thousand dollar fine to paid on or before March 13, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.
    2. Pursuant to rules 15.2.6.9(C)(5)(c), 15.2.6.9 (C)(6), and 15.2.6.9(C)(7),the horse “Boxwineizfine” is placed on the Stewards list for a period of 60 days (beginning December 23, 2016). During this period the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “Boxwineizfine” is placed in the on the veterinarian’s list for 45 days starting February 11, 2017, through March 28, 2017, inclusive ,and must pass a commission-approved examination before becoming eligible to be entered.
    4. The horse “Boxwineizfine” is hereby disqualified from FIRST PLACE and ordered unplaced from the 10th race on December 11, 2016, at Zia Park Racetrack in Hobbs, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Apollitical Sign
                2. Perrys Stamina
                3. Memphis D Nasty
                4. Wagon Full of Gold
                5. Carters Last Straw
                6. Hot Authorization
                7. Win Rabbits Fly
Unplaced “BoxwineizfineLicensee is found in violation of :15.2.6.9(C)(1-2-3) NMAC: prima facie evidence/ 15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.9. B. Penalty recommendations Owner Third Lifetime offense Disqualification, loss of purse, and in the absence of mitigating circumstances a $5,000 fine* and horse shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered. This ruling is written in accordance with /15.2.3.8(B)(3)(k) NMAC: Redistribution of purses/ 15.2.5.13(E)(4)(d) NMAC: Stewards Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority/ 16.47.1.8 (A)(1)(2) License Required/ 16.47.1.8(N) Last Known Address/ 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: DONALD EUGENE ROBERSON Ruling Date: 2/10/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 36-2013 59-2013 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: February 10, 2017

Delaware Thoroughbred Racing Commission Delaware Park

Commission Order: DTRC-2-February 10, 2017

REFERENCE: Stewards Rulings 36-2013 dated 7-17-2013, 8-8-2013 and the Commission's Decision and Order dated 11-13-2013

Trainer, DONALD ROBERSON, RCI: 1973217, DOB: 12-31-41, having paid his original fine of $2,500.00 along with penalties and interest in the amount of $1,968.03 for non-payment of his fine which was delinquent for 39 months and the cost of the drug testing in the amount of $1,500.00 with penalty and interest in the amount of $1, 180.82, is permitted to reapply for a license.

Name: RAUL VELARDE VEGA Ruling Date: 2/7/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-71 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 2/16/2017 Suspension End: 4/17/2017
Ruling Text: Trainer Raul Vega having been duly notified and having appeared with translator Ricardo Bernal before the Board of Stewards on February 4, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Lukes Dream”( Test Sample #: NM21935), who finished first place in the 1st race on December 16, 2016 at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laborites on January 17, 2017.

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

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

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

Name: JOSE L MUELA Ruling Date: 1/27/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-47 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: issued in error
Name: GREG ALLEN GREEN Ruling Date: 12/6/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-154 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 Greg Green having been duly notified and having appeared before the Board Of Stewards on December 5, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Betamethasone (class 4 penalty category C major drug) found in test sample NM21333 taken from the 3rd place finisherCordes” following the first race, on November 1, 2016, at Zia Park Racetrack in Hobbs, NM. The original lab report indicated a finding of Betamethasone at 263 pg/ml in the blood, which is above the allowable limit of 10 pg/ml in the blood (15.2.6.9 Attachment#2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Greg Green. Sharon Gober, owner of record for horse “Cordes”, was duly notified and failed to appear for the hearing. In accordance with 15.2.1.9(B)(4)(d) and 15.2.6.9 (C)(2)(b), this is a first Class 4C major medication violation in a 365- day period for Mrs. Gober. For this first Class 4C major medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Greg Green. a penalty as follows:
    1. A ($1,000) one thousand dollar fine to paid on or before January 6, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Cordes” must pass a commission approved veterinary examination before being eligible to enter.
Greg Green is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: 15.2.6.11(A) NMAC: 16.47.1.10(B)(1)(2) NMAC: 15.2.3.8 B (3)(f) Stewards Disciplinary Action 16.47. 15.2.3.8 B (1) (d) Stewards General Authority: 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.8(E)(l)(1)(A) 15.2.6.3 Statutory Authority: 16.47.1.8 (A)(1) License Required: 16.47.1.8 (A)(2) License Required 15.2.6.9(A)(4) 15.2.6.9 C.(3)PENALTY RECOMMENDATIONS: TRAINER 1ST offense in a (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $1,000. OWNER 1st offense in a (365-day period) in any jurisdiction in the following levels, the penalty is the horse may be required to pass a commission-approved examination before being eligible to run: 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: RAMON ROBERTO RIVERA Ruling Date: 11/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-125 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/20/2016 Suspension End: 1/20/2017
Ruling Text: Trainer Ramon Roberto Rivera having been duly notified, having failed to appear, and had his hearing held in absentia before the Board Of Stewards on November 20, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for two confirmed positives for the Class 3B drug “clenbuterol” detected in horses “Boxwineizfine”(Test Sample #: NM16572) and Miss Blazin First (Test Sample # NM16725). “Boxwineizfine” finished 1st place in the fourth race, on March 25, 2016 at Sunland Park Racetrack, and clenbuterol was confirmed in a split same sent to Texas A&M on May 5, 2016. Miss Blazin First” finished first place the 3rd race, on April 3, 2016 at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC were afforded to and waived by Mr. Rivera. For this First and Second Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Ramon Roberto Rivera a penalty as follows:
    1. Ramon Roberto Rivera is hereby ineligible for licensure pending appearance before the board the board of stewards to face the formal charges of the medication violations that occurred on March 25, 2016, and April 3, 2016, and Sunland Park Racetrack and Casino.
Ramon Roberto Rivera is found to be in violation of: 15.2.6.9(D)(1-2-3) 15.2.6.9(P) 15.2.6.9 A (3) 15.2.6.9. MEDICATIONS AND PROHIBITED SUBSTANCES:. 15.2.6.9. D. (1-3)MEDICATION RESTRICTIONS: 16.47.1.10. B. ABSOLUTE INSURER. 15.2.1.9(B)(4)(d) 15.2.6.9 C.(2) Category B penalties will be assessed against a trainer and owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows:

      • First Lifetime offense trainer (365-day period) in any jurisdiction: A minimum 15-day suspension to a maximum 60-day suspension and $500 to $1,000 fine.
      • Second Lifetime offense trainer (365-day period) in any jurisdiction: A minimum 30-day suspension to a maximum 180-day suspension and $1,000 to $2,500 fine.
      • First Lifetime offense owner (365-day period) in any jurisdiction: disqualification, loss of purse and horse must pass a commission approved examination before becoming eligible to be entered.

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

Name: SHAE LARA COX Ruling Date: 11/13/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-106 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 11/12/2016 Suspension End: 12/27/2016
Ruling Text: Trainer, Shae Cox, having been duly notified and having appeared before the Board of Stewards on November 8, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “King of Thrones”, who finished first place in the 1st race on September 17th, 2016, at Zia Park Racetrack Hobbs, NM, Test Sample #: NM24616 and confirmed with a split sample sent to Industrial Laboratories on October 7, 2016. Roy U. Sanchez, the owner of record for the horse “King of Thrones”, was duly notified and failed to appear for the hearing.

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

1. A 45 day suspension of all NMRC licenses starting November 13, 2016, through December 27, 2016, inclusive. 2. ($750) seven hundred and fifty dollar fine to paid on or before December 13, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension. 3. Pursuant to rules 15.2.6.9(C)(5)(c), 15.2.6.9 (C)(6), and 15.2.6.9(C)(7),the horse “King of Thrones” is placed on the Stewards list for a period of 60 days (beginning October 1, 2016). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test prior to entry. 4. Mitigating circumstances consisting of Ms. Cox stated she had received the horse just prior to entry and admitted she should have had the horse tested before entry. 5. The horse “King of Thrones” is hereby disqualified from first place and ordered unplaced from the 1st race on September 17, 2016, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows:

  1. Eye Found It
  2. Eyes Gona Flash You
  3. Cristobell James
  4. My Name Is Will
  5. Adios Adios Famous
  6. Stick With SandysGbh Zip Jesse
  7. High Class Jess
Unplaced “King of Thrones

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

Shae Cox is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.6.9. B. Penalty recommendations (2) Category B penalties will be assessed against a trainer for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows:

  • First Lifetime Trainer offense (365-day period) in any jurisdiction: A minimum 15-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 60-day suspension. A minimum fine of $500 absent mitigating circumstances or the presence of aggravating factors could be used to impose a $1,000 fine.
15.2.6.9. C. Penalty recommendations (2) Category B penalties will be assessed against a owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows:
  • First Lifetime Owner offense (365-day period) in any jurisdiction: Disqualification, loss of purse (in the absence of mitigating circumstances)* and horse must pass a commission-approved examination before becoming eligible to be entered.

15.2.3.8 B (3)(f) NMAC: STEWARDS. DISCIPLINARY ACTION, 15.2.3.8(B)(3)(k) NMAC: STEWARDS. DISCIPLINARY ACTION, 15.2.5.13(E)(4)(d) NMAC: POST TO FINISH, 15.2.6.9(C)(5)(c), 15.2.6.9 (C)(6) and 15.2.6.9(D)(7) NMAC: MEDICATION RESTRICTIONS, 16.47.1.8. T. NMAC: KNOWLEDGE OF RULES, 16.47. 15.2.3.8 B (1) (d) NMAC: STEWARDS. GENERAL AUTHORITY --PAGE 2 of 2--

Name: SHAE LARA COX Ruling Date: 10/30/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-80 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 Shae Cox having been duly notified and having responded by telephone, waiving her rights to a formal hearing before the Board of Stewards, on October 23, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMRC). The report confirmed an overage for the therapeutic (class 4 penalty C) drug Methylprednisolone found in sample # NM24109 taken from the winner “Perry Sweetheart” following the 4th race on October 2, 2016 at Zia Park. The concentration of Methylprednisolone was (256 pg/ml) which exceeds the authorized medication limit of 100 pg/ml.

Spilt sample rights as provided in 15.2.6.10 (D) NMAC were afforded to and waived by Shae Cox.

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

    1. A fine in the amount of one thousand dollars ($ 1,000.00). This fine is to paid on or before November 30, 2016, in accordance with 15.2.3.8(B)(3) NMAC. Failure to pay this fine within the time prescribed may result in an immediate suspension.

Shae Cox is found to be in violation of:

15.2.6.9 A. UNIFORM CLASSIFICATION GUIDELINES: (4) Class 4 - This category is comprised primarily of therapeutic medications routinely used in race horses. These may influence performance, but generally have a more limited ability to do so. 15.2.6.9 C. PENALTY RECOMMENDATIONS:(3)Recommended penalties for category C violations, overages for permitted NSAID’s and furosemide are as follows: LICENSED TRAINER:1st offense (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $1,000:Reference ARCI Controlled Therapeutic Medication Schedule – Version 2.2, Revised April, 2015. The level for Methylprednisolone is 100 picograms per milliliter of plasma or serum. 15.2.6.9. D. MEDICATION RESTRICTIONS:(1) A finding by the commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. Prohibited substances include: drugs or medications for which no acceptable levels have been established; therapeutic medications in excess of established acceptable levels; substances present in the horse in excess of levels at which such substances could occur naturally; substances foreign to a horse at levels that cause interference with testing procedures.(2) Drugs or medications in horses are permissible, provided: the drug or medication is listed by the association of racing commissioner’s international's drug testing standards and practices program; the maximum permissible urine or blood concentration of the drug or medication does not exceed the published limit 15.2.6.9. MEDICATIONS AND PROHIBITED SUBSTANCES 16.47.1.10. B. ABSOLUTE INSURER. 16.47.1.8. T. KNOWLEDGE OF RULES 15.2.3.8 B (3) (f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General authority

Name: TONY EDDIE SEDILLO Ruling Date: 9/27/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-28 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Tony Sedillo having been duly notified and having waived his right to a formal hearing before the Board Of Stewards on September 25, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive of Phenylbutazone and Flunixin (a stacking violation for class 4 Penalty C therapeutic drugs) found in test sample NM24884 taken from the winnerOh Popas Baby” following the 2nd race, on August 28, 2016 at Ruidoso Downs in Ruidoso, NM. The original lab report indicated a finding of Phenylbutazone at 1.24 micrograms per milliliter in the blood and Flunixin at 5.7 nanograms per milliliter in the blood. Split samples rights as provided in 15.2.6.10 (D) NMAC were afforded to and declined by Tony Sedillo. Owner Javier Beltran was duly notified and failed to appear for the hearing. He and Mr. Sedillo are the owners of record for horse “Oh Popas Baby” which was the subject of the Phenylbutazone and Flunixin positive. For this second Class 4C (FINES ONLY) medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Tony Sedillo a penalty as follows: 1.A ($500) five hundred dollar fine to paid on or before October 27, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension. Tony Sedillo is found to be in violation of: 15.2.3.8B (3)(f) ; 15.2.3.8B (1) (d) ; 6.47.1.8. T. ; 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."15.2.6.9 A. UNIFORM CLASSIFICATION GUIDELINES: The following outline describes the types of substances placed in each category. This list shall be publicly posted in the offices of the official veterinarian and the racing secretary. (4) Class 15.2.6.9 C. PENALTY RECOMMENDATIONS: (3) Category C penalties will be assessed for violations due to the presence of a drug carrying a category C penalty and overages for NSAID’s and furosemide (all concentrations are for measurements in serum or plasma). Recommended penalties for category C violations, overages for permitted NSAID’s and furosemide are as follows :Trainer 2nd offense (365-day period) in any jurisdiction in the following levels, the penalty is a minimum of a written warning to a maximum fine of $750: 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

Name: ALBERT SERRANO FRANCO Ruling Date: 9/24/2016
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2016-NMS-38 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
 
 
 
Trainer Albert Franco DOB 07/12/1977 having appeared before the Board of Stewards telephonically on this date September 24, 2016 for declaring Flipping Halter on at time of entry on the horse Sandys Jesse, and then failing to run with the designated equipment entered in the 9th race on September 23, 2016, at The New Mexico State Fair.
 Mr. Franco is found to be in violation of Commission rules.
15.2.5.8   NMAC
 ENTRIES AND NOMINATIONS  B. PROCEDURE:   (10) Any approved change of equipment must be declared at time of entry.  Any changes after that time must be approved by the stewards.  
16.47.1.8 GENERAL PROVISIONS  
T.  KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.:
 
For this rule violation, the Board of Stewards assessed a penalty in the amount of One Hundred dollars ($100.00).  The fine is to paid on or before October 24, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.
 
 Failure to pay the fine within the time prescribed may result in immediate suspension.
 
Licensee is found to be in violation of:
Name: HUBALDO SOLIS Ruling Date: 9/24/2016
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2016-NMS-48 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner, Hubaldo Solis, having been duly notified, and appeared through his attorney A. Blair Dunn before the Board of Stewards on September 23, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NC32611, after it was collected from the horse "A Super Sonic Boom" during an Out of Competition test, June 29, 2016 at the Downs at Albuquerque.

(The original lab report indicated a finding of Clenbuterol in blood at 425pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and denied by his trainer Ronald Stephens.

Hubaldo Solis is found to be in violation of:

15.2.1.7 (O) (9) NMAC: Out of competition testing" test(s) that may be conducted on any horse that is on the grounds of a racetrack or training center under the jurisdiction of the commission; or under the care or control of a trainer or owner licensed by the commission; or whose papers are filed in the racing office; or has been nominated to a stakes race. 15.2.6.9 (K)(3) NMAC: The penalty for a positive test resulting from an out of competition sample will be determined by the penalty class of the drug listed in the association of racing commissioners international "uniform classification guidelines for foreign substances and recommended penalties and model rule" and incorporated by reference under 15.2.6.9 NMAC.

For this violation, the Board of Stewards assess Hubaldo Solis a penalty as follows:

(1) The horse A Super Sonic Boom is placed on the stewards list for 60 days (9/24/16 to 11/23/16) and must pass a state approved drug test before entry.

BY ORDER OF New Mexico State Fair Board of Stewards

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

Name: GEORGE FRED ANTHROP Ruling Date: 9/12/2016
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2016-RM-21 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: 9/17/2016 Suspension End: 3/2/2017
Ruling Text:
The post race sample collected on 8/21/2016 at the Red Mile from 8th race #3 Rocknroll Wildcats was found to contain Phenylbutazone at a concentration of .4 ug/ml and Flunixin at a concentration of 5.7 ng/ml. Mr. Anthrop is fined $250.00. Fines not paid with in 7 days of the action date may result in additional fines and or suspension.
Name: TONY EDDIE SEDILLO Ruling Date: 9/3/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-190 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Trainer Tony Sedillo having appeared before the Board Of Stewards on September 3, 2016, and having waived his right to a 10 day of a formal hearing regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the therapeutic drug Phenylbutazone (class 4 penalty category C drug), found in test sample NM22702 taken from the winnerKingsbury” following the 2nd race, on July 30, 2016 at Ruidoso Downs in Ruidoso, NM. The original lab report indicated a finding of Phenylbutazone at 2.42 micrograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Tony Sedillo. Owners Javier Beltran and Tommy Galvez were duly notified. They are the owners of record for horse “Kingsbury” which was the subject of the Phenylbutazone positive. For this first Class 4C medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Tony Sedillo a penalty as follows: 1.A ($200) two hundred dollar fine to paid on or before October 3, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension. Tony Sedillo is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.6.9 A. UNIFORM CLASSIFICATION GUIDELINES: The following outline describes the types of substances placed in each category. This list shall be publicly posted in the offices of the official veterinarian and the racing secretary. (4) Class 4 - This category is comprised primarily of therapeutic medications routinely used in race horses. These may influence performance, but generally have a more limited ability to do so. Groups of drugs assigned to this category include the following. (a) Non-opiate drugs which have a mild central analgesic effect. (b) Drugs affecting the autonomic nervous system, which do not have prominent CNS, cardiovascular, or respiratory effects.(i) Drugs used solely as topical vasoconstrictors or decongestants.(ii) Drugs used as gastrointestinal antispasmodics (iii) Drugs used to void the urinary bladder. (iv) Drugs with a major effect on CNS vasculature or smooth muscle of visceral organs. (c) Antihistamines, which do not have a significant CNS depressant effect (This does not include H1 blocking agents, which are listed in class 5) (d) Mineralocorticoid drugs. (e) Skeletal muscle relaxants. (f) Anti-inflammatory drugs--those that may reduce pain as a consequence of their anti-inflammatory actions, which include. (i) Non-steroidal anti-inflammatory drugs (NSAIDs), except for those specifically approved by the commission. (ii) Corticosteroids (glucocorticoids). (iii) Miscellaneous anti-inflammatory agent (g) Anabolic or androgenic steroids and other drugs. (h) Less potent diuretics. (i) Cardiac glycosides and antiarrhythmics including.(i) Cardiac glycosides.(ii) Antiarrhythmics agents (exclusive of lidocaine, bretylium and propanolol).(iii) Miscellaneous cardiotonic drugs.(j) Topical anesthetics--agents not available in injectable formulations (k) Antidiarrheal agents.(l) Miscellaneous drugs including: (i) expectorants with little or no other pharmacologic action; (ii) stomachics; (iii) mucolytic agents. 15.2.6.9 C. PENALTY RECOMMENDATIONS: (3) Category C penalties will be assessed for violations due to the presence of a drug carrying a category C penalty and overages for NSAID’s and furosemide (all concentrations are for measurements in serum or plasma). Recommended penalties for category C violations, overages for permitted NSAID’s and furosemide are as follows :Trainer 1st offense (365-day period) in any jurisdiction in the following levels, the penalty is a minimum of a written warning to maximum fine of $500: 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: GREG ALLEN GREEN Ruling Date: 8/27/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-180 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 Greg Green having been duly notified, failing to appear, and had his hearing held in absentia before the Board Of Stewards on August 27, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMRC), for a confirmed positive of Phenylbutazone and Flunixin (a stacking violation for Class 4 Penalty C therapeutic drugs) found in test sample NM18705 taken from the winner “First Place” following the 9th race, on June 6, 2016 at Ruidoso Downs in Ruidoso, NM.

The original lab report indicated a finding of Phenylbutazone at 1.17 micrograms per milliliter in the blood and Flunixin at 6.1 nanograms per milliliter in the blood . The Flunixin was confirmed at 5.8±.7 nanograms per milliliter with a split sample sent to Industrial Laboratories on July 13, 2016. Split samples rights concerning the Phenylbutazone positive, as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Greg Green.

Owners Benjamin King and Charlie King were duly notified and failed to appear for the hearing. They are the owners of record for horse “First Place” which was the subject of the Phenylbutazone and Flunixin positive.

For this FOURTH Class 4C medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Greg Green a penalty as follows: 1.A ($1,000) one thousand dollar fine to paid on or before September 27, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension.

Greg Green is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.6.9 A. UNIFORM CLASSIFICATION GUIDELINES: The following outline describes the types of substances placed in each category. This list shall be publicly posted in the offices of the official veterinarian and the racing secretary. (4) Class 4 - This category is comprised primarily of therapeutic medications routinely used in race horses. These may influence performance, but generally have a more limited ability to do so. Groups of drugs assigned to this category include the following. (a) Non-opiate drugs which have a mild central analgesic effect. (b) Drugs affecting the autonomic nervous system, which do not have prominent CNS, cardiovascular, or respiratory effects.(i) Drugs used solely as topical vasoconstrictors or decongestants.(ii) Drugs used as gastrointestinal antispasmodics (iii) Drugs used to void the urinary bladder. (iv) Drugs with a major effect on CNS vasculature or smooth muscle of visceral organs. (c) Antihistamines, which do not have a significant CNS depressant effect (This does not include H1 blocking agents, which are listed in class 5) (d) Mineralocorticoid drugs. (e) Skeletal muscle relaxants. (f) Anti-inflammatory drugs--those that may reduce pain as a consequence of their anti-inflammatory actions, which include. (i) Non-steroidal anti-inflammatory drugs (NSAIDs), except for those specifically approved by the commission. (ii) Corticosteroids (glucocorticoids). (iii) Miscellaneous anti-inflammatory agent (g) Anabolic or androgenic steroids and other drugs. (h) Less potent diuretics. (i) Cardiac glycosides and antiarrhythmics including.(i) Cardiac glycosides.(ii) Antiarrhythmics agents (exclusive of lidocaine, bretylium and propanolol).(iii) Miscellaneous cardiotonic drugs.(j) Topical anesthetics--agents not available in injectable formulations (k) Antidiarrheal agents.(l) Miscellaneous drugs including: (i) expectorants with little or no other pharmacologic action; (ii) stomachics; (iii) mucolytic agents. 15.2.6.9(P)(6) (6) A NSAID stacking violation with a penalty class C (fines only) occurs when any combination of two of the following non-steroidal anti-inflammatory drugs are found at or below the restrictions in Subparagraphs (a) through (e) of Paragraph 3 above but in excess of the noted restrictions: (a) Flunixin - 3 nanograms per milliliter of plasma or serum; (b) Ketoprofen - 1 nanogram per milliliter of plasma or serum; (c) Phenylbutazone - 0.3 micrograms per milliliter of plasma or serum. 15.2.6.9 C. PENALTY RECOMMENDATIONS: (3) Category C penalties will be assessed for violations due to the presence of a drug carrying a category C penalty and overages for NSAID’s and furosemide (all concentrations are for measurements in serum or plasma). Recommended penalties for category C violations, overages for permitted NSAID’s and furosemide are as follows :Trainer 3rd offense (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $500 to a maximum fine of $1,000: (4) Any violation subsequent to a third violation will carry the same terms as imposed for a third violation. Penalties will run consecutively for a trainer or owner. 15.2.1.9(B)(4)(d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards. The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection. 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s

Name: ALBERT SERRANO FRANCO Ruling Date: 7/1/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-68 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Albert Franco having been duly notified, represented by council Frita Howard McSwane and appeared before the Board Of Stewards on July 1, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the Class 3B drug “clenbuterol” detected in horse “Eyema Blue Wagon”, who finished first place in the 5th race, on April 15, 2016 at Sunland Park Racetrack in Sunland Park, NM, Test Sample #: NM18942 The original lab report indicated a finding of clenbuterol at 168 pg/ml in the urine and confirmed in the split sample by Industrial Laborties at 170±16 pg/ml in the urine. Owner Roy Sanchez was duly notified and failed to appear for the hearing . He is the owner of record for horse “Eyema Blue Wagon” which was the subject of the clenbuterol positive. Albert Franco is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.6.9(D) O. SUSPENSION OF AUTHORIZED MEDICATION: (1) After a public meeting that has been noticed in accordance with the Open Meetings Act, Sections 10-15-1 through 10-15-4 NMSA, 1978, the commission may, for any cause, temporarily suspend the authorized administration to a horse entered to race of any drug, substance or medication that is otherwise permitted under the commission rules (2) The temporary suspension of the authorized administration of a drug, substance or medication may be for a race, breed, or race meeting, provided all horses in the same race compete under the same conditions (3) The commission shall notify in writing the racing association, the trainer’s organization, and licensed veterinarians of any temporary suspension of authorization to administer a drug, substance or medication to a horse entered to race. The written notification shall at minimum:(a) state the authorized medication whose use is temporarily suspended,(b) the period of time for which the use of the authorized medication is temporarily suspended, and (c) whether the temporary suspension is for a specific breed or a race meeting (4) A suspension of authorization to administer a drug, substance or medication to a horse entered to race shall not exceed 12 months.15.2.1 (P) (15) "Prohibited substance" is any chemical which, when administered to a horse can create a change in the normal physiological performance of the horse's racing ability, such as narcotics, anesthetics, depressants, anti-convulsants, tranquilizers, hallucinogenics and stimulants; when administered to a horse, may interfere with testing procedures and is not a therapeutic medication. 15.2.3.8(B)(3)(k) NMAC: Which states in pertinent part that “ Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.”15.2.5.13(E)(4)(d)Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification. For this first Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Albert Franco a penalty as follows: 1. A 15 day suspension of all NMRC licenses beginning July 11, 2016 through July 26, 2016, inclusive. 2.A ($500) five hundred fine to paid on or before July 31, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension. 3.The horse “Eyema Blue Wagon” must pass a commission approved veterinary examination before being eligible to enter. 4.Loss of purse from in the 5th race, on April 15, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse Eyema Blue Wagon”, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows.1) Stella Lou 2) Shezaliknthemselfies 3) Here Comes Callan 4) Famous JB 5) Strauss 6) Just A Little Wagon 7) Incindiary UNPLACED Eyema Blue Wagon”, 6. Loss of purse from the 5th race, on April 30, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse Eyema Blue Wagon”, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows. 1) Jess Prize Me 2) Valorus 3) Imperial Eagle 4) Gamey Tee Cos 5) Willie Be Fired 6) Lord Fa 7) Mojo Perry 8) Stella Lou UNPLACED “Eyema Blue Wagon” and“Groupie James (2016-RUI-67)”. 15.2.6.9(B)(8) When the penalty assessed against a licensee for a medication or drug violation in a trial race results in a disqualification or loss of purse, or both, the licensee is subject to the same penalties for any race for which the trial race was conducted. During said time of applicable suspension Albert Franco is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Albert Franco are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: ALBERT SERRANO FRANCO Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-68-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
RE: 2016-RUI-68 - Appeal Stay Granted Pending the Appeal Process - Please see Documents
Name: JUAN M ESQUIVEL Ruling Date: 6/11/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-27 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 6/27/2016 Suspension End: 11/23/2016
Ruling Text: Trainer, Juan M. Esquivel, having appeared before the Board of Stewards for a hearing that was continued from May 27, 2016, and held on June 11, 2016, for being in procession of needles, test tubes, and unlabeled medications while on the property grounds of Ruidoso Downs Racetrack during a search that was conducted on May 27, 2016, and found to be in violation of NMRC rules.

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

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

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

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

Name: JUAN M ESQUIVEL Ruling Date: 5/27/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-4 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/27/2016 Suspension End: 11/23/2016
Ruling Text: Trainer, Juan M. Esquivel, having appeared before the Board of Stewards on May 27, 2016, for possessing needles, test tubes, and unlabeled medications and found to be in violation of NMRC rules.

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

                1. A summary suspension of any/all New Mexico Racing Commission licenses, effective May 27, 2016.
During his suspension Juan M. Esquivel is denied access to all grounds under the jurisdiction of the New Mexico Racing Commission in accordance with 15.2.1.9(C)(21)(a) NMAC.

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

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

Name: ALBERT SERRANO FRANCO Ruling Date: 3/28/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-199 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Albert Franco, having been duly notified, and appeared before the Board of Stewards telephonically on March 28, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the Class 4C drug “Methylprednisolone,” which was found in sample NM15139, after it was collected from the horse “Jess Alot of Jess” which finished second in the first race, Friday, September 11, 2015, at the New Mexico State Fair.

(The original lab report indicated a finding of Methylprednisolone at 176 picograms per milliliter in blood. This exceeds the allowable limit of 100 picograms per milliliter. Split sample rights, as provided in 15.2.6.10(D) NMAC were offered and waived).

Alex Baeza is the recorded Owner of the horse “Jess Alot of Jess” which is the subject of the ruling issued on this date.

Albert Franco is found to be in violation of:

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

15.2.6.9 ARCI Controlled Therapeutic Medication Schedule for Horses, NMAC: Which states in pertinent part "The permitted quantitative test level of Methylprednisolone shall be administered in such dosage amount that the official test sample shall not exceed 100 picograms per milliliter of plasma or serum.”

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

This is the first positive test violation in the past 365-day period, and is issued in accordance with 15.2.6.9 (C) (3) NMAC. For this violation, the Board of Stewards assessed Albert Franco a penalty of:

    1. A fine in the amount of One Thousand dollars ($1,000).
The fine is to be paid on or before April 27, 2016, in accordance with 15.2.3.8 (B)(3)NMAC. Failure to pay the fine in prescribed time may result in immediate suspension.
Name: RAMON ROBERTO RIVERA Ruling Date: 3/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-161 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Ramon Rivera having been duly notified, having and appeared telephonically before the Board of Stewards on March 11 , 2016, regarding a confirmed positive test for the Class IV drug “Dexamethasone” at a level of( 152 pg per ml.), which was found in sample NM12243, after it was collected from the horse “Play Misty Forme” which participated in the tenth(10th) race, May 29, 2015, at Ruidoso Downs; For this violation, the Board of Stewards assessed penalties: As full and final resolution of this matter, Trainer, Ramon Rivera agrees to the following penalties: (1) Waive of Rights. Licensee’s knowingly, intentionally and voluntarily waives his/her right to a hearing and the right to judicial appeal. This waiver includes, but not limited to, licensee’s right to a full evidentiary hearing including the right to present evidence and cross examine witnesses: and any right to appeal this settlement or any decision in connection with this settlement agreement. (2). A five hundred dollar ($ 500.00) fine to be paid within sixty(60) days. As such, the following applies:

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

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

Name: GERALD E. MARR Ruling Date: 12/14/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-352 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Gerald Marr, having been duly notified and having appeared before the Board of Stewards on December 13, 2015 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class 4C drug "Dexamthazone", which was found in sample #NM15967, after it was collected from the horse "Bourbon Blue Bayou" which finished 3rd in the eighth race, September 12, 2015 at Zia park; (The original lab report indicated a finding of Dexamthazone at 120 picograms per milliliter. This exceeds the allowable limits of 5.0 picograms per milliliter. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by Industrial Laborites which confirmed a finding of Dexamthazone with a concentration of 111±(-4) picograms per milliliter.) Rumalda Garcia is the owner of record for horse “Bourbon Blue Bayou” which was the subject of related ruling 2015-ZIA-253, issued this date at Zia Park, in which sanction was made against the owner of record.

Trainer Gerald Marr is found to be in violation of: 15.2.6.9 NMAC: Class 4 - This category is comprised primarily of therapeutic medications routinely used in race horses. These may influence performance, but generally have a more limited ability to do so. Groups of drugs assigned to this category include the following. D. MEDICATION RESTRICTIONS: (1) A finding by the commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. Prohibited substances include: drugs or medications for which no acceptable levels have been established; therapeutic medications in excess of established acceptable levels; substances present in the horse in excess of levels at which such substances could occur naturally; substances foreign to a horse at levels that cause interference with testing procedures. (2) Drugs or medications in horses are permissible, provided: the drug or medication is listed by The Association of Racing Commissioners International's drug testing standards and practices program; the maximum permissible urine or blood concentration of the drug or medication does not exceed the published limit. (3) Except as otherwise provided by this part, a person may not administer or cause to be administered by any means to a horse a prohibited drug, medication, chemical or other substance, including any restricted medication pursuant to this part during the 24-hour period before post time for the race in which the horse is entered

Penalty Recommendations: 15.2.6.9 (C) 3 LICENSED TRAINER: Which states in pertinent part that, “2" offense (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $1,500 and 15 day suspension.” 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states in pertinent part that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling. For this second violation (365 day period), due to mitigating circumstances the Board of Stewards have waived the 15 days suspension for the trainer and waived the 45 day suspension and loss of purse for the horse “Bourbon Blue Bayou” assessed: Trainer Gerald Marr, a penalty of

    1. A fine in the amount of one thousand hundred dollars ($1,00.00).

The fine is to be paid on January 23, 2016 , in accordance with 15.2.3.8(B)(3)(l) NMAC.

Name: GERALD E. MARR Ruling Date: 8/29/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-252 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 GERALD E. MARR, having been duly notified, and having waived a 10 day noticing period, appeared before the Board of Stewards on this date, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed overage of allowable limits for the Class IV drug “Dexamethasone” which was found in sample NM 12209, after it was collected from the horse, "Thebigbomblooker" which finished third in the 7th race, Monday, May 25, 2015, at Ruidoso Downs; (The original lab report indicated a finding of Dexamethasone at 153 pg/ml in blood/serum. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and subsequently waived by Mr. Marr).
GERALD E. MARR is found to be in violation of:
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".

15.2.6.9 NMAC: (ARCI Controlled Therapeutic Medication Schedule) Which states in pertinent part "The threshold level of Dexamethasone shall be administered in such dosage amount that the official test sample shall not exceed 5 picograms per milliliter of plasma or serum".

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

For this violation, the Board of Stewards assessed GERALD E. MARR a penalty of a fine in the amount of of one thousand dollars ($1,000.00);

This is a first Class C violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3) NMAC. The fine is to be paid on or before September 29, 2015, in accordance with 15.2.3.8(B)(3) NMAC. (Additional sanction is to apply to the Owner /Horse, as outlined in a related ruling issued this date, at Ruidoso Downs).

BY ORDER OF THE RUIDOSO DOWNS BOARD OF STEWARDS

________________ _____________________ ___________________
DAVID KEITER ED L'ECUYER NORM AMUNDSON

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: GERALD E. MARR Ruling Date: 8/29/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-253 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Owner GERALD E. MARR, having been duly notified, and having waived a ten day noticing period, appeared before the Board of Stewards on this date, regarding a confirmed overage of allowable limits for the Class IV drug “Dexamethasone” which was found in sample NM 12209 after it was collected from the horse, "The bigbomblooker” which finished third in the 7th race, Monday, May 25, 2015, at Ruidoso Downs;

GERALD E. MARR is listed as the recorded Owner of the horse “Thebigbomblooker” which was the subject of related ruling 2015-RUI-253, issued this date at Ruidoso Downs, in which sanction was made against the Trainer of record.

As such, the following applies:

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


For this violation, the Board of Stewards assessed GERALD E. MARR a penalty of:

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

(Refer to related ruling 2015-RUI-252, issued this date at Ruidoso Downs).


BY ORDER OF THE RUIDOSO DOWNS BOARD OF STEWARDS


___________________ ________________ _____________
DAVID KEITER NORM AMUNDSON ED L'ECUYER

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: GREG ALLEN GREEN Ruling Date: 8/11/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-124 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Greg Green having been duly notified, but did not appear before the Board of Stewards on August 9, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the drug "Dexemethasone" which was found in sample NM11216, after it was collected from the horse, "Slimmers Shadow" which finished first in the 8th race, January 18, 2015 at Sunland Park.

The hearing was held in absentia.

(The original lab report indicated a finding of Dexemethasone at 282 pg/ml in blood/serum. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and accepted. The results from LSU Laboratories showed a level of "Dexemethasone" at 217pg/ml.)

Trainer Greg Green is found to be in violation of:

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

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

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

For this violation, the Board of Stewards assessed Trainer Greg Green a penalty as follows;

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

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

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

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: GREG ALLEN GREEN Ruling Date: 7/25/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-176 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer GREG ALLEN GREEN having been duly notified, and having appeared for a scheduled hearing before the Board of Stewards on this date, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed overage of allowable limits for the Class IV drug "Phenylbutazone" which was found in sample NM13520, after it was collected from the horse, "Reback Home” which finished first in the 7th race, Sunday, June 14, 2015, at Ruidoso Downs;

(The original lab report indicated a finding of Phenylbutazone at 4.86 ug/ml in blood/serum. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to Mr. Green, but split sampling rights were not exercised, and therefore deemed waived).

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

15.2.6.9 (E)(1) NMAC: Which states in pertinent part "The permitted quantitative test level of Phenylbutazone shall be administered in such dosage amount that the official test sample shall not exceed 2.0 micrograms per milliliter of plasma".

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

For this violation, the Board of Stewards assessed GREG ALLEN GREEN a penalty as follows;

(1) A fine in the amount of five hundred dollars ($500.00);

This is a first Category C test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3) NMAC. The fine is to be paid on or before August 25, 0215, in accordance with 15.2.3.8(B)(3) NMAC.

(Additional sanction is to apply to the Owner /Horse, as outlined in related rulings issued this date, at Ruidoso Downs).

BY ORDER OF THE RUIDOSO DOWNS BOARD OF STEWARDS

________________ _____________________ ___________________
DAVID KEITER ED L'ECUYER NORM AMUNDSON

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: RAMON ROBERTO RIVERA Ruling Date: 7/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-163-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/30/2015 Suspension End: 1/26/2016
Ruling Text: RE: 2015-RUI-163 - Appeal Submitted on July 27, 2015 received in main Commission Office in Albuquerque.
Name: RAMON ROBERTO RIVERA Ruling Date: 7/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-163-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/30/2015 Suspension End: 1/26/2016
Ruling Text: RE: 2015-RUI-163 - Appeal Stay Granted Pending the Appeal Process - Issued by District Judge Beatrice J. Brickhouse see Ruling
Name: RAMON ROBERTO RIVERA Ruling Date: 7/19/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-163 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/30/2015 Suspension End: 1/26/2016
Ruling Text:
Trainer RAMON R RIVERA having been duly notified, and having appeared (with telephonic counsel) before the Board of Stewards on July 11, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) , for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM 12728 , after it was collected from the horse "Featuring This" which finished second in the 3rd race, Sunday, May 3, 2015, at the Downs At Albuquerque;
(The original lab report indicated a finding of Clenbuterol at 228 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by Industrial laboratories, which confirmed a finding of Clenbuterol at 211pg/ml, +/- 13 pg/ml).

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

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

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

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

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

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

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

_____________________ _______________________ _____________________
DAVID KEITER NORM AMUNDSON ED L'ECUYER
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: TODD WYATT FINCHER Ruling Date: 7/17/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-20-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 7/17/2015 Suspension End: 7/31/2015
Ruling Text: RE: 2015-SRP-20 - Appeal Submitted
Name: TODD WYATT FINCHER Ruling Date: 8/5/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-20-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 7/17/2015 Suspension End: 7/31/2015
Ruling Text: RE: 2015-SRP-20 - Appeal Stay Granted Pending the Appeal Process
Name: TODD WYATT FINCHER Ruling Date: 7/7/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-20 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 7/17/2015 Suspension End: 7/31/2015
Ruling Text:
Trainer Todd Fincher having been duly notified, and appeared before the Board of Stewards on May 1, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the drug "Dexamethasone" which was found in sample NM10217, after it was collected from the horse, "Ilikewinnin" which finished second in the 8th race, December 28, 2014, at Sunland Park Race Track.

(The original lab report indicated a finding of “Dexamethasone" at 413 pg/ml in blood/serum exceeds the authorized limit of 5.0 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and confirmed by LSU.

Trainer Todd Fincher is found to be in violation of:

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

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

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

For this violation, the Board of Stewards assessed Trainer Todd Fincher a penalty as follows;

A fine in the amount one thousand five hundred dollars, ($1500.00)
A suspension of any/all NMSRC issued licenses for a period of 15 calendar days (July 17, 2015 through July 31, 2015, Inclusive);
Also because this is the second offense for the horse “Ilikewinnin " loss of purse of the 8th race, December 28, 2014 at Sunland Park Race Track.

In addition “Ilikewinnin " is placed on the Veterinarians list for 45 days (July 7, 2015 through August 21, 2015), and must pass a Commission approved examination prior to being allowed any future entry, per 15.2.6.9 (C)(4)(a) NMAC.

This is a second positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3) NMAC.
Name: TODD WYATT FINCHER Ruling Date: 7/5/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-10 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Todd Fincher having been duly notified, and appeared before the Board of Stewards on June 13, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the drug "Triamcinolone Acetonide" which was found in sample NM09766, after it was collected from the horse, "Ilikewinnin" which finished first in the 8th race, November 24, 2014 Zia Park Race Track.

(The original lab report indicated a finding of “Triamcinolone Acetonide" at 324 pg/ml in blood/serum exceeds the authorized limit of 100.0 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and confirmed by LSU at 214 pg/ml.

Trainer Todd Fincher is found to be in violation of:

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

15.2.6.9 (E)(1) NMAC: Which states in pertinent part "The permitted quantitative test level of Triamcinolone Acetonide" if administered shall be in such dosage amount that the official test sample shall not exceed 100 pg/ml of plasma".

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

For this violation, the Board of Stewards assessed Trainer Todd Fincher a penalty as follows;

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

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


This is a first positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3) NMAC.

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: RICK ALLEN HILES Ruling Date: 5/24/2015
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #15-0076 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
After a hearing before the Board of Stewards you are hereby fined FIVE HUNDRED ($500.00) DOLLARS for your disorderly conduct, use of abusive and insulting language, and your interference with commission employees while these persons were in the course of performing their duties on association grounds at Churchill Downs on May 14, 2015. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).


810 KAR 1:025 Section 14, Subsection (1)(x)(y)
Name: RICK ALLEN HILES Ruling Date: 6/3/2015
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #15-0076-ASUB Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: #15-0076 - Appeal Submitted
Name: RICK ALLEN HILES Ruling Date: 3/23/2016
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #15-0076-RES Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: #15-0076 - Ruling Rescinded
Name: Alfonso Borrego Ruling Date: 8/4/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-339-REST Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/31/2015 Suspension End: 7/22/2015
Ruling Text: RE: 2015-SUN-339 - Restored to Good Standing
Name: Alfonso Borrego Ruling Date: 7/22/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-339-ASUB Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/31/2015 Suspension End: 7/22/2015
Ruling Text: RE: 2015-SUN-339 - Appeal Submitted
Name: Alfonso Borrego Ruling Date: 7/22/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-339-ASG Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/31/2015 Suspension End: 7/22/2015
Ruling Text: RE: 2015-SUN-339 - Appeal Stay Granted Pending the Appeal Process
Name: Alfonso Borrego Ruling Date: 3/21/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-338 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer and Owner ALFONSO BORREGO, having appeared (with counsel) before the Board of Stewards on this date, regarding an investigation of events on February 7, 2015, in the Stable area of Sunland Park;

(Mr. Borrego admitted in testimony that he was upset and was the aggressor in an altercation toward another licensee. Sunland Park P.D. also responded to the incident).

ALFONSO BORREGO is found to be in violation of:

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

For this rule violation, the Board of Stewards assessed ALFONSO BORREGO a penalty in the amount of five hundred dollars ($500.00). Any probationary clause normally applied with this ruling is hereby vacated, as Mr. Borrego is currently under suspension/excluded.

The fine is to be paid on or before any consideration of reinstatement or licensing, in accordance with 15.2.3.8(B)(3)(l) NMAC.
Name: Alfonso Borrego Ruling Date: 3/21/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-339 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/31/2015 Suspension End: 7/22/2015
Ruling Text:
Trainer ALFONSO BORREGO, having been duly notified, and having appeared (with counsel) before the Board of Stewards on this date, a hearing was held to address an investigation of events on, and prior to, February 7, 2015, at Sunland Park;

(Testimony was made to indicate Mr. Borrego knowingly participated in the capacity of Program Trainer for two horses (“Babe’s Bonnie Babe” and “Enuf Bull”) that were to be registered under, and to be raced under, his name as Trainer, while indicating he was not the actual Trainer of record).

ALFONSO BORREGO is found to be in violation of:

16.47.1.8 (L)(1)(h) NMAC: Detrimental Conduct
16.47.1.10 (F)(1)(a,b,c,d) NMAC: Program Trainer

In accordance with:
15.2.3.8(B)(1)(b-c-d) NMAC, and also 15.2.3.8 (B)(3)(a thru j) NMAC;

For these rule violations the Board of Stewards assessed ALFONSO BORREGO a penalty of suspension of any/all NMSRC issued licenses, effective March 31, 2015, and the matter be referred to the attention of the New Mexico Racing Commission with a recommendation for penalty that Mr. Borrego be sanctioned a six month suspension of any/all NMSRC licenses, a fine in the amount of five -thousand dollars ($5,000.00), and exclusion during said time of suspension, in accordance with 15.2.3.8 (B)(3)(j) NMAC;

15.2.1.9 (b) NMAC: States “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, or Sunday, or any legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or holiday. The appeal must be received by noon, at the main commission office, or with the Stewards that issued the ruling, and must be accompanied by a fee in the amount of $500.00
Name: UMBERTO G BELLOC Ruling Date: 1/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-119 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 2/10/2015 Suspension End: 4/10/2015
Ruling Text:
Trainer UMBERTO G BELLOC having been duly notified, and having appeared before the Board of Stewards on this date, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM 10646, after it was collected from the horse "Jess a Dynasty" which finished first in the 11th race, Saturday, November 1, 2014, at Zia Park;

(The original lab report indicated a finding of Clenbuterol in urine at 277 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, with said sampling by LSU lab indicating a finding of Clenbuterol at 0.313 ng/ml, or 313 pg/ml).

UMBERTO G BELLOC is found to be in violation of:

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

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

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

For this violation, the Board of Stewards assessed Trainer UMBERTO G BELLOC a penalty as follows:
  1. A suspension of any/all NMSRC issued licenses for a period of 60 calendar days
(February 10, 2015, through April 10, 2015, inclusive);
(2) A fine in the amount of one-thousand dollars ($1,000.00.);
(3) Loss of purse of the 11th race, Saturday, November 1, 2014, at Zia Park;

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

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

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

(Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings issued this date, at Sunland Park).

BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS

_____________________ _______________________ _____________________
DAVID KEITER CONNIE ESTES ED L'ECUYER
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: UMBERTO G BELLOC Ruling Date: 3/11/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-119-ASH Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 2/10/2015 Suspension End: 4/10/2015
Ruling Text: RE: 2015-SUN-119 - Appeal Submitted to Hearing Officer
Name: JULIETA NEXY TORRES Ruling Date: 1/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-118 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End: 3/10/2017
Ruling Text:
Owner JULIETA NEXY TORRES, (as the listed et al for the stable name DIAMOND RACING STABLES) having been duly notified, and having failed to appear for a scheduled hearing before the Board of Stewards on January 30, 2015, said hearing was held in absentia, regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM10646, after it was collected from the horse “Jess a Dynasty” which finished first in the 11th race, November 1, 2014 at Zia Park.

JULIETA NEXY TORRES (as the listed et al for the stable name DIAMOND RACING STABLES) is listed as the recorded Owner of the horse “Jess a Dynasty”, which was the subject of related rulings, issued this date, at Sunland Park, in which sanction was made against the Trainer of record.

As such, the following applies:
15.2.6.9 (C)(2)(b) NMAC: Which states in pertinent part “Category B penalties will be assessed a licensed Owner for violations due to the presence of a drug carrying a Category B penalty: Third offense within a 365 day period in any jurisdiction: Disqualification, loss of purse, $5,000 fine and horse shall be placed on the veterinarian's list for 45 days and must pass a commission-approved examination before becoming eligible to be entered.

For this third Category B violation within a 365 day period, the Board of Stewards assessed JULIETA NEXY TORRES (as the listed et al for the stable name DIAMOND RACING STABLES) a penalty as follows: (1) Disqualification and loss of purse of the 11th race, November 1, 2014, at Zia Park, and (2) A fine in the amount of five thousand dollars, ($5,000.00). The fine is to be paid on or before March 1, 2015, in accordance with 15.2.3.8 (B)(3)(l) NMAC.

In addition, “Jess a Dynasty” is hereby placed on the Veterinarian’s list for 45 days, (January 30, 2015 through March 16, 2015, inclusive) and must pass a Commission-approved examination before becoming eligible to be entered”.

(Refer to related rulings issued this date, at Sunland Park).
Name: JULIETA NEXY TORRES Ruling Date: 11/17/2014
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2014-ZIA-287 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Owner Julieta Nexy Torres (as et al for the Stable name Diamond Racing Stable LLC), having been duly notified, and having appeared (via telephonic representation by Trainer Jose Muela), before the Board of Stewards on November 16, 2014, regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM06544, after it was collected from the horse “Regal First Moon” which finished second in the fourth race, Friday, May 9, 2014, at SunRay Park;

Julieta Nexy Torres (as et al for the Stable name Diamond Racing Stable LLC), is listed as the recorded Owner of the horse “Regal First Moon”, which was the subject of related rulings 2014 ZIA 285, 286, and 288, issued this date, at Zia Park, in which sanction was made against the Trainer of record.

As such, the following applies:

15.2.6.9 (C)(4)(b) NMAC: Which states in pertinent part “Category B penalties will be assessed a licensed Owner for violations due to the presence of a drug carrying a Category B penalty: Second offense within a 365 day period in any jurisdiction shall be disqualification, loss of purse, and the horse must pass a Commission-approved examination before becoming eligible to be entered”.

For this violation, the Board of Stewards assessed Julieta Nexy Torres (as et al for the Stable name Diamond Racing Stable LLC), a penalty of disqualification and loss of purse of the fourth race, May 9, 2014, at Sun Ray Park. Because this race was a time trial which resulted in the horse “Regal First Moon” qualifying for the final of a stakes, a disqualification and loss of purse of the fourth race, May 25, 2014, at Sun Ray Park is also to apply, per the provisions of 15.2.1.9(B)(3)(d) NMAC.

(Refer to related rulings 2014 ZIA 285, 286, and 288, issued this date, at Zia Park).
BY ORDER OF THE ZIA PARK BOARD OF STEWARDS
DAVID KEITER CONNIE ESTES ED L’ECUYER

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







Name: JOSE L MUELA Ruling Date: 3/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2014-ZIA-285-SPC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 4/30/2015 Suspension End: 3/16/2016
Ruling Text: RE: 2014-ZIA-285 - Superseded Ruling. Settlement Agreement entered. See Documents
Name: JOSE L MUELA Ruling Date: 11/17/2014
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2014-ZIA-285 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 4/30/2015 Suspension End: 3/16/2016
Ruling Text:
Trainer Jose Muela, having been duly notified, and having telephonically appeared before the Board of Stewards on November 16, 2014, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) , for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM 06544, after it was collected from the horse "Regal First Moon” which finished second in the fourth race, Friday, May 9, 2014, at SunRay Park;

(The original lab report indicated a finding of Clenbuterol in urine at 677 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and said split results from Truesdail Laboratory indicated a finding of Clenbuterol at 264.4 pg/ml).

Jose Muela is found to be in violation of:

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

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

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

For this violation, the Board of Stewards assessed Trainer Jose Muela a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of one calendar year
(April 30, 2015, through April 30, 2016, inclusive, or at upon the conclusion of any prior adjucated penalty;
(2) A fine in the amount of Five-Thousand dollars ($5,000.00);
(3) Loss of purse of the (Trials purse) 4th race, Friday, May 9, 2014, at SunRay Park;
(4) Loss of purse of the (Finals purse) 4th race, May 25, 2014, at SunRay Park, per 15.2.1.9(B)(3)(d) NMAC;
(5) Referral of this matter to the NMSRC for any action deemed necessary, in accordance with 15.2.3.8 (B)(3)(j) NMAC;
This is a third offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3)(b) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.

During said time of applicable suspension, Trainer Jose Muela is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.
Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Trainer Jose Muela are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
(Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings, issued this date, at Zia Park).
BY ORDER OF THE ZIA PARK BOARD OF STEWARDS

_____________________ _______________________ _____________________
DAVID KEITER CONNIE ESTES ED L'ECUYER

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: JOSE L MUELA Ruling Date: 10/19/2014
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2014-ZIA-180 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/29/2014 Suspension End: 3/16/2016
Ruling Text:
Trainer Jose Luis Muela, having been duly notified, and having appeared before the Board of Stewards on October 12, 2014, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM 07355, after it was collected from the horse "J M Blue Moon Flash" which finished first in the 10th race, Friday, May 30, 2014, at Ruidoso Downs;

(The original lab report indicated a finding of Clenbuterol at 543 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC performed by Truesdail Lab confirmed a finding of Clenbuterol at 186pg/+ /ml).

Jose Luis Muela is found to be in violation of:

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

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

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

For this violation, the Board of Stewards assessed Jose Luis Muela a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 180 calendar days (October 29, 2014 through April 29, 2015,
inclusive);
(2) A fine in the amount of two-thousand, five hundred dollars ($2,500.);
(3) Loss of purse of the 10th race, Friday, May 30, 2014 at Ruidoso Downs;

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

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

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

(Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings, issued this date, at Zia Park).


Name: JOSE L MUELA Ruling Date: 3/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2014-ZIA-180-SPC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/29/2014 Suspension End: 3/16/2016
Ruling Text: RE: 2014-ZIA-180 - Superseded Ruling Settlement Agreement entered. See Documents.
Name: WESLEY GENE HO Ruling Date: 7/5/2014
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2014-CT-140 Ruling Type: Reinstatement With a Conditional License
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Hereby un-suspended with following stipulation. Mr. Ho is only permitted in jockeys room and is not allowed in any other area under jurisdiction of WVRC.
Name: JUAN CARLOS VAZQUEZ Ruling Date: 11/13/2014
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 17-2014 DE-FO Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 7/29/2014 Suspension End: 9/26/2014
Ruling Text:
RE: 17-2014 DE - Ruling Final Outcome
DECISION

By a vote of 5-0, the DTRC affirms Stewards' Ruling 17-2014 and denies the appeal of Mr. Vazquez.

REASONS FOR DECISION

Summary of Evidence

DTRC Investigator Mike Delaney testified that he observed cuts on Mr. Vazquez index and ring fingers after the incident in the scale area at Delaware Park following the fourth race on Monday, June 23, 2014. During Mr. Delaney's testimony the following exhibits were introduced into the record without objection: Exhibit Stewards 1 -Mr. Vazquez written appeal and the Stewards Ruling 17-2014; Exhibit Stewards 2 -the Investigators Report by Mr. Delaney; and Exhibit Stewards 3 -the Association of Racing Commissions International (ARCI) Comprehensive Ruling Report. The ARCI Comprehensive Ruling Report included a report of a previous instance in 2013 where Mr. Vazquez was received a 30 day suspension by the Maryland Racing Commission ("MRC") based upon being the aggressor in an altercation on the grounds of the Bowie Training Center, which is under the jurisdiction of the MRC. The ARCI report indicated that the 30 day suspension was stayed on condition that Mr. Vazquez not be involved in another altercation during the 2013 racing season of the MRC. Mr. Delaney indicated in his Investigators Report that Mr. Vazquez was arrested by the Delaware State Police for misdemeanor offensive touching following his return to the track on June 23, 2014.

DTRC Clerk of Scales Jim Houghton testified that he first heard the sound of jockey Trevor McCarthy ("Mr. McCarthy") being hit in the helmet when he was on the steps near the scales and then observed Mr. Vazquez punch Mr. McCarthy three times before the two were separated. Mr. Houghton also observed a second physical altercation between Mr. McCarthy and Mr. Vazquez, this time initiated by Mr. McCarthy as the parties were on the walkway leaving the scales area. Mr. McCarthy testified that he had been a jockey for two years. Mr. McCarthy stated that Mr. Vazquez had struck him and knocked his helmet off at the top of the steps adjacent to the scales following the fourth race on Monday, June 23, 2014. Mr. McCarthy confirmed that he had initiated the second physical altercation between Mr. McCarthy and Mr. Vazquez on the walkway leaving the scales area due to his anger resulting from the blows he received from Mr. Vazquez at the top of the steps. Mr. McCarthy stated that Mr. Vazquez did not confront him following the first race and that the jockey on Mr. Vazquez horse did not claim a foul by Mr. McCarthy in the first race. Mr. McCarthy stated that there was no stewards' inquiry following the first race. Mr. McCarthy stated that likewise following the fourth race the jockey on Mr. Vazquez horse did not claim a foul by Mr. McCarthy and there was no stewards' inquiry. Mr. McCarthy indicted that he did not pay any attention to Mr. Vazquez at the top of the steps adjacent to the scales following the fourth race on Monday, June 23, 2014 until after Mr. Vazquez had hit him two or three times.

Chief State Steward Jack Houghton testified that he had been the Chief State Steward for the DTRC for 22 years and had been in the business for 40 years. Mr. Houghton testified that he received a call from Mr. Vazquez following the fourth race on Monday, June 23, 2014 advising him that he needed to do something about jockey Trevor McCarthy. Mr. Houghton testified that he saw no reason for a stewards' inquiry following the first race and that there was no claim of foul by a jockey riding in the first race. Mr. Houghton testified that he saw no contact between horses in the fourth race. Mr. Houghton testified that it is the standard operating procedure of the stewards to review video of all races. Carol Cedeno testified that she was the jockey for Mr. Vazquez horse in the fourth race on Monday, June 23, 2014. Ms. Cedeno testified that Mr. McCarthy bumped her during the fourth race.

Mr. Vazquez testified that after Mr. McCarthy bumped his horse during the first race, he saw Mr. McCarthy drop inside and bump his horse during the fourth race. Mr. Vazquez testified that Mr. McCarthy said an expletive to him at the top of the steps adjacent to the scales following the fourth race on Monday, June 23, 2014 and he reacted by striking Mr. McCarthy. Mr.Vazquez testified that the Equibase report for the first race on Monday, June 23, 2014 (introduced as Vazquez Exhibit 2) indicates that the bump in the first race by Mr. McCarthy was intentional. Mr. Vazquez testified that he lost his temper after seeing Mr. McCarthy bump his horse in the fourth race on Monday, June 23, 2014.

Findings of Fact

1. Mr. Vazquez struck Mr. McCarthy several times at the top of the steps adjacent to the scales following the fourth race on Monday, June 23, 2014, which constituted fighting under DTRC Rule 2.5.1.8. Mr. Vazquez was the aggressor in the initial incident at the top of the steps adjacent to the scales following the fourth race on Monday, June 23, 2014 and while Mr. McCarthy initiated the second incident on the walkway leaving the scale area, the second incident would not have occurred absent Mr. Vazquez initiating the fight at the top of the steps.

2. At the time Mr. Vazquez struck Mr. McCarthy, Mr. Vazquez lost his temper due to Mr. Vazquez belief that Mr. McCarthy had bumped Mr. Vazquez horse in the first and fourth race.

3. Mr. McCarthy did bump Mr. Vazquez horse in the first race, but there was no foul. Mr. McCarthy did not bump Mr. Vazquez horse in the fourth race.

4. In 2013, Mr. Vazquez received a 30 day suspension from the MRC based upon being the aggressor in an altercation on the grounds under the jurisdiction of the MRC, with the 30 day suspension being stayed on condition that Mr. Vazquez not be involved in another altercation during the 2013 MRC racing season.

Conclusions of Law

1. Mr. Vazquez violated DTRC Rule 2.5.1.8 by fighting on DTRC grounds.

2. Mr. Vazquez belief that Mr. McCarthy had bumped Mr. Vazquez horse in the first and fourth race does not excuse Mr. Vazquez misconduct.

3. The penalty set by the Board of Stewards of a $2,500 fine, 90 calendar day suspension and attendance and completion at his expense of an Anger Management Program approved by the Board of Stewards prior to the end of his suspension is appropriate. This incident is the second occasion in the past two years that Mr. Vazquez has been determined by a racing commission to have been the aggressor in a physical altercation on the grounds of a racing commission regulated horse racing facility and, accordingly, a significant penalty is appropriate.
ORDER

Having considered the evidence presented it is the decision of the DTRC that the Stewards' Ruling number 17-2014 is upheld and the appeal of Mr. Vazquez is denied. Under Stewards' Ruling number 17-2014, Mr. Vazquez was fined $2,500, suspended for 90 calendar days and required to attend and complete at his expense an Anger Management Program approved by the Board of Stewards prior to the end of his suspension. Mr. Vazquez has paid his $2,500 fine. Mr. Vazquez is to begin serving his 90 day suspension immediately. Mr. Vazquez is to attend and complete at his expense an Anger Management Program approved by the Board of Stewards prior to the end of his suspension.


SO ORDERED this 13th day of November, 2014.


BY ORDER OF THE DELAWARE THOROUGHBRED RACING COMMISSION

Name: JUAN CARLOS VAZQUEZ Ruling Date: 7/3/2014
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 17-2014 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 7/29/2014 Suspension End: 9/26/2014
Ruling Text:
17-2014

Owner-Trainer Juan C. Vazquez, DOB 1/28/1975, having appeared for a hearing on Wednesday, June 25, 2014, is hereby fined the sum of Two-Thousand-Five Hundred ($2,500.00) Dollars and suspended for a period of ninety (90) Calendar days from Sunday, June 29, 2014 through and including Friday, September 26, 2014, for disorderly conduct, to wit: fighting at the Scale area after the running of the fourth race on Monday, June 23, 2014. Mr Vazquez is further required to attend and complete at his own expense an Anger Management Program approved by the Board of Stewards. Refer to D.T.R.C Rules 2.5, 5.5.1.4, 2.5.1.8, 2.5.1.8, 2.5.1.17.1, 2.5.1.19, 2.5.1.20, 3.3, 3.4, 3.4.1.3, 3.4.1.15, 18.1, 1831.3, 18.1.4. fne to be paid within 48 hours and proof of satisfactory completion of Anger Management Program to be provided prior to the end of the suspension imposed.
Name: JUAN CARLOS VAZQUEZ Ruling Date: 6/28/2014
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 18-2014 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 7/29/2014 Suspension End: 9/26/2014
Ruling Text:
RE: 17-2014 - Appeal Submitted

18-2014

Trainer Juan Vazquez, DOB 1/28/1975, having filed an appeal in regards to the Stewards Ruling #17-2014, is hereby granted a stay of his suspension until such time as a decision is made by the Delaware Thoroughbred Racing Commission. Refer to D.T.R.C. Rules 3.4, 19.2.1.
Name: JULIETA NEXY TORRES Ruling Date: 6/22/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 0097614 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING#: 0097614 SunRay Park June 21, 2014 Owner, JULIETA NEXY TORRES DOB: 07/30/1985 LICENSE #:53183882 having been represented by her Trainer, Jose Luis Muela who appeared telephonically before the Board of Stewards on June 21st, 2014 for a positive test for the drug Clenbuterol which was found in sample# NM04498( the concentration detected was 966 picograms per milliliter in the urine) after it was collected from the horse, "Feature Mr. Who"which finished in first(1st) place in the fourth (4th) race on April 6th, 2014 at Sunland Park. Owner - JULIETA NEXY TORRES is listed as the recorded co- owner of the horse "feature Mr. Who" which was subject to related ruling# 0095614 which was issued on this date at SunRay Park in which sanctions were issued against the Trainer of record. As such, the following applies: 15.2.6.9(C)(4)(a) NMAC: Which states: Category B penalty will be assessed against a licensed owner for violations due to the presence of a drug carrying Category B penalty: First offense shall be disqualification, loss of purse and the horse must pass a commission approved examination before becoming eligible to be entered BY ORDER OF THE SUNRAY PARK BOARD OF STEWARDS STEWARD STEWARD STEWARD Reuben Rivera Bob Allison Linda Salinas Appeal Filing Deadline: 15.2.1.9(B) (9) (b) NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main commission offices or with the Stewards who issued the ruling.
Name: JOSE L MUELA Ruling Date: 6/21/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 0095614 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 7/1/2014 Suspension End: 8/30/2014
Ruling Text: RULING#: 0095614 SunRay Park June 21, 2014 Trainer, JOSE LUIS MUELA DOB: 08/07/1971 LICENSE #:96091506 having appeared telephonically before the Board of Stewards on June 21, 2014 for a positive test for the drug Clenbuterol which was found in sample# NM04498 (the concentration detected was 966 picograms per mililiter in the urine) after it was collected from the horse, "Feature Mr. Who" which finished in first (1st) place in the fourth (4th) race on April 6th, 2014 at Sunland Park. LICENSEE: Trainer - JOSE LUIS MUELA is found to be in violation of: 15.2.6.9(C) (1) NMAC: Which states that "A finding by the official chemist of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race." (b) therapeutic medications in excess of established acceptable levels; 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." For this violation, the Board of Stewards assessed Jose Luis Muela a penalty as follows: (1) A sixty (60) day suspension of any/all NMRC licenses from July 1st to August 30, 2014. (2) The fine in the amount of one thousand dollars, ($1,000.00) to be paid on or before July 31st, 2014 in accordance with 15.2.3.8(B) (3) (l) NMAC. (3) A loss of purse. This is the first positive test violation within a 365-day period and during the time of suspension Jose Luis Muela is excluded from all areas under the jurisdiction of the NMAC, in accordance with 15.2.1.9 (c) and 15.2.3.8(B)(3)(1) NMAC. Additionally, effective upon application suspension dates, all horses owned or trained, or under the care of Jose Luis Muela are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. BY ORDER OF THE SunRay Park BOARD OF STEWARDS STEWARD STEWARD STEWARD Appeal Filing Deadline: 15.2.1.9(B) (9) (b) NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main commission offices or with the Stewards who issued the ruling.
Name: WESLEY GENE HO Ruling Date: 5/21/2014
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2014-CT-100 Ruling Type: Felony Conviction
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/21/2014 Suspension End: 7/5/2014
Ruling Text:
Suspended pending felony charges against him
Name: RAMON ROBERTO RIVERA Ruling Date: 1/24/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3399814 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on January 9, 2014 on review of a hearing officer's report by the above named Appellant;
WHEREAS, proper notice was given to those parties entitled to notice;
W HEREAS, the Commission reviewed the hearing officer's report and all related hearing material;
WHEREAS, the hearing officer's report is attached to this Decision and Order;
WHEREAS, the Commission voted unanimously to adopt the Hearing Officer's Findings of Fact and Conclusions of Law;
WHEREAS, the Commission voted unanimously to adopt the Stipulated Facts entered by

the parties and hereby attached to this Decision and Order;

WH EREAS, the Commission finds that Appellant's actions constitute a violation of New Mexico Racing Commission Rules;
WHEREAS, the Commission finds there to be sufficient evidence to support the finding of a violations on behalf of Appellant;

WHEREAS, the Commission voted unanimously to adopt the penal ty recommendations of the Hearing Officer, which was the recommended penalty in place at the time of the infraction.
IT IS THEREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance in a horse he is training. As such, Appellant and his horse shall be assessed a penal ty as follows:
I. A fine i n the amount of one thousand dollars ($ 1,000);

II. Loss of purse;

III. The horse be unplaced;

IV. The horse must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.

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



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