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. >3/19/2019<

232 Total Rulings compiled at: 3/24/2019 9:04:30 AM G.M.T.

Name: KEITH J KASH Ruling Date: 3/23/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-69 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #4 Indiana Anamego in race 15 on 3/20/19 he came out in the last turn and interfered with #2 Second Trainer.  O.S.R.C.-3769-17-11
Name: Emanuel H Miller Ruling Date: 3/23/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-70 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #4 Americangeneration in race 13 on 3/20/19 he came down in the stretch and interfered with #9 Ibanez.  O.S.R.C.-3769-17-11
Name: DIEGO JIOVANI ARROYO Ruling Date: 3/22/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-012 Ruling Type: Necessitating a Late Scratch
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TRAINER DIEGO J. ARROYO HAS BEEN FINED THE SUM OF $200.00 FOR FAILURE TO HAVE THE QUARTER HORSE "OUR FIRST MONARCH" TO THE PADDOCK PRIOR TO THE RUNNING OF THE 5TH RACE AT WRD ON 9/22/2018, NECESSITATING A LATE SCRATCH.
Name: OBED SANCHEZ Ruling Date: 3/21/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-016 Ruling Type: License Type Changed
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: THE GROOM/ HOTWALKER'S LICENSE ISSUED TO OBED SANCHEZ-HERNANDEZ, IS HEREBY RESCINDED WITHOUT PREJUDICE AS HE HAS BEEN ISSUED A JOCKEY'S LICENSE AT WRD FOR 2019.
Name: OBED SANCHEZ Ruling Date: 3/21/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-017 Ruling Type: License Type Changed
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: THE EXERCISE RIDER'S LICENSE ISSUED TO OBED SANCHEZ-HERNANDEZ, IS HEREBY RESCINDED WITHOUT PREJUDICE AS HE HAS BEEN ISSUED A JOCKEY'S LICENSE AT WRD FOR 2019.
Name: RAMIRO HARO-GARCIA Ruling Date: 3/21/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-010 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: JOCKEY RAMIRO HARO-GARCIA HAS BEEN FINED FOR FAILURE TO FULFILL HIS RIDING ENGAGEMENTS IN THE 4TH RACE AT WRD ON 11/2/2018. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. HARO-GARCIA BE FINED $100.00.
Name: THERONE TRENT ALEXANDER Ruling Date: 3/21/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-014 Ruling Type: Fined
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 6/6/2019 Suspension End: 7/20/2019
Ruling Text: IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT OWNER/TRAINER THERONE TRENT ALEXANDER SHALL BE FINED $1500.00 AND IS SUSPENDED AND /OR MADE INELIGIBLE FOR LICENSURE FOR A PERIOD OF FORTY FIVE DAYS, EFFECTIVE 6/6/2019 AND CONTINUING THROUGH 7/20/2019. DURING HIS SUSPENSION MR. ALEXANDER IS DENIED ACCESS TO THE ENCLOSURE OF ALL RACETRACKS AND PUBLIC AREAS UNDER OHRC JURISDICTION. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM 1ST PLACE IN THE 5TH RACE AT WRD ON 10/7/2018.
Name: Kevin Garth Sampson Ruling Date: 3/20/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-5 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458(2)(g)9c) Excessive whipping more than 3 times
Name: Kevin Garth Sampson Ruling Date: 3/20/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-5-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-5 - Ruling Final Outcome
Name: JOSE M URIAS Ruling Date: 3/20/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-007 Ruling Type: Conditional Licensing Requirements
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: On Wednesday, March 20, 2019, a steward's conference was held with WHRC licensee Jose M Urias regarding the status of his 2019 WHRC license. After taking testimony from the WHRC investigators, Emerald Downs security and his admittance of using Methamphetamine, the WHRC board of stewards grant Jose M Urias a 2019 license with the following conditions- 1) Mr. Urias is subject to random drug screening at the discretion of the board of stewards as stipulated in WAC 260-34-030; 2) Mr. Urias shall not violate any of the provisions of WAC 260-34-020 Drug and alcohol violations; Any violations of these conditions may result in the immediate suspension or revocation of his WHRC licenses. The conditions placed upon Jose M Urias license shall remain in effect until such time as they are removed by the WHRC board of stewards.

WAC 260-24-510 (3,a,iv)

Name: PABLO A DE JESUS Ruling Date: 3/20/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-008 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On March 20, 2019, a steward's conference was scheduled with trainer Pablo A De Jesus regarding his failure to pay the Labor and Industry premium payment by the required date. After waiving his rights to a formal hearing Pablo A De Jesus is hereby assessed a fine of $100.00 for failing to pay the Labor and Industry premiums as required. The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-36-250 WAC 260-84-135 (4)

RIGHT TO CHALLENGE You have the right to challenge this stewards' ruling. If you wish to challenge this ruling, you must file a request for a hearing before the Commission within seven (7) days of service of this ruling. The request must be filed with an office of the Commission and must include your name, address, telephone number, signature and a statement of the basis for the challenge to the ruling. If such request for hearing is not filed with the Commission within the seven days or in the format listed above, then you are deemed to have waived your rights to a hearing before the Commission. After seven days, if you have not filed a request for a hearing before the Commission the Stewards' penalty will be imposed.

Name: Ryan M Ver Hage Ruling Date: 3/20/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-67 Ruling Type: Financial Obligation/Restoration
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End: 3/20/2019
Ruling Text:
Mr. Ver Hage has paid his fines per rulings NFLD-2019-003,010 and 021 and is eligible for licensing in Ohio. O.S.R.C.-3769-17-36  17-99
Name: ANDY J GARDNER Ruling Date: 3/20/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-68 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Gardner allowed inaccurate information to be programmed on #7 Mount Royal in race 11 on 3/19/19 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: SCOTT ERIC WHITAKER Ruling Date: 3/20/2019
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2019-FON-4 Ruling Type: Failure to Submit Urine Sample
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Unlicensed groom Scott Whitaker is hereby suspended for violation of Nebraska State Racing Commission Rule 3.007.04 (Refused to give the State Racing Commission Investigator a drug test) while applying for his 2019 occupational license. Scott Whitaker is denied access to all grounds under the Nebraska State Racing Commission.

This ruling is referred to the Nebraska State Racing Commission for any further action they deem necessary.

Name: J ROSCOE CALDWELL Ruling Date: 3/20/2019
Jurisdiction: Arkansas Racing Commission Facility: Oaklawn Park
Ruling Number: 2019-OP-28 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:

Violation Declaration: Acting on a report from Truesdail Laboratories Inc. (hereinafter Truesdail), of Irvine, CA, the official testing laboratory for the Arkansas Racing Commission (ARC), that blood sample #75043 had exceeded the threshold level for Dexamethasone with a level of 120+/-35 pg/mL in blood, a violation of ARC Rules #1217 and 1233, the Stewards at Oaklawn Park determined that blood sample #75043 was obtained from "Blue Gem", winner of the fifth (5th) race on February 2, 2019. The trainer of record for "Blue Gem" was J. R. Caldwell.

Trainer Caldwell was notified of the test result and was advised of his rights to have the split sample sent to an independent laboratory, approved by the Commission, for verification of the presence of Dexamethasone, and for a hearing before the Stewards. He declined to have the split sample sent to an independent laboratory and his hearing was held on March 14 and 15, 2019.

Findings of Fact--

Based on the evidence available to them, the Stewards have determined the following:

1. J. R. Caldwell was the trainer of record for "Blue Gem" on February 2, 2019 at the time Dexamethasone was found in the blood sample provided by "Blue Gem" following the fifth (5th) race; 2. Dexamethasone is an allowable medication in Arkansas not to exceed a threshold level of 5 pg/mL in blood; 3. The report from Truesdail Laboratories Inc., the primary laboratory for ARC, indicated 120+/-35 pg/mL in blood had been detected in the sample which the Stewards determined belonged to "Blue Gem" (sample #75043); 4. The withdrawal time for Dexamethasone, as recommended by the Association of Racing Commissioners International's (ARCI) controlled therapeutic medication schedule, is 72 hours. Mr. Caldwell indicated the barn policy was 76 hours for the administration of Dexamethasone; 5. The initial report dated February 15, 2019 to ARC from Truesdail Laboratories' Julie Hagihara indicated the overage of Dexamethasone was found in the urine sample. The Truesdail letter indicating a urine overage was sent to Mr. Caldwell to set up the hearing. ARC Veterinarian Dr. Joseph Lokanc testified that no urine sample had been taken from "Blue Gem". On February 19, 2019 the report was corrected by Turesdail's Hagihara to show the overage of Dexamethasone was found in blood. The Stewards accepted the explanation of Truesdail's Technical Director Anthony Fontana which was persuasive as no evidence was presented that indicated the mistake was anything but a clerical error; 6. In reviewing Trainer Caldwell's racing record it was noted that he had one medication violation since 2016; 7. Pursuant to ARC Rule #1233, the trainer is responsible for any prohibited drug, medication or other substance, including permitted medication in excess of the maximum allowable level, in horses he trains regardless of the acts of third parties. A positive test for a prohibited drug, medication or other substance and permitted medications in excess of the maximum allowable levels as reported by a commission-approved laboratory, is prima facia evidence of a violation of this rule.

Conclusion--

The Stewards FIND Mr. Caldwell in violation of ARC rules noted above for testing in excess of the threshold level for Dexamethasone, which is five (5) pg/mL of blood, in "Blue Gem" in the fifth (5th) race on February 2, 2019 at Oaklawn Park.

Penalties--

Pursuant to the penalties established by ARCI's Uniform Classification Guidelines for Foreign Substances and Recommended Penalties which have been approved by ARC, the Stewards hereby ORDER the following:

1. Trainer J. R. Caldwell is fined $1,000.00; 2. "Blue Gem" is disqualified from First Place in the Fifth (5th) Race on February 2, 2019 and is unplaced for the purpose of receiving purse money; 3. ARC also has approved the multiple mediation violations points system which assigns points to each medication violation and because Dexamethasone is a controlled therapeutic substance, Trainer Caldwell will also receive one-half (1/2) penalty point; 4. Owner/Trainer J. R. Caldwell, Owners Penn Family Racing (Richard Penn) and Kevin Clifton and Jockey Israel Rodriguez are ORDERED to return any purse money earned by "Blue Gem" in the Fifth (5th) Race on February 2, 2019; 5. The Horsemen's Bookkeeper is hereby ORDERED to redistribute the purse for the Fifth (5th) Race on February 2, 2019 as follows:

1--#3 Honduras 6--#1 Sacred Kiki Bird 2--#12 Big Trip 7--#5 Blackjack Jedi 3--#4 All Around 8--#2 Post Close 4--#13 Knocks Bidg Thirst 9--#8 Noble Gambler 5--#6 Tapit Star

All pari-mutual payoffs are not affected by this ruling.

Name: JEFFREY TOMLIN STAFFORD Ruling Date: 3/20/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-039-19 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/24/2019 Suspension End: 3/26/2019
Ruling Text: Driver Jeff Stafford is suspended from driving for 3 days for causing interference to #3 MOVIN' ON UP at the top of the stretch while driving #2 BLUEBIRD GOLDWYN in the 11th Race at Dover Downs on March 19, 2019. BLUEBIRD GOLDWYN finished 2nd and was placed 4th (see DHRC rule: 7.6.13.1.2).
Name: VALDA SILLMAN Ruling Date: 3/19/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-037-19 Ruling Type: Reinstatement to Good Standing in State
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Valda Sillman has been restored to good standing by the Delaware Harness Racing Commission effective March 19, 2019.
Name: Albert R Abdala Ruling Date: 3/19/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-038-19 Ruling Type: Reinstatement to Good Standing in State
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Albert Abdala is restored to good standing by the Delaware Harness Racing Commission effective March 19, 2019.
Name: TIMOTHY AARON TETRICH Ruling Date: 3/19/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-035-19 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Driver Tim Tetrick is fined $100.00 for going inside the last 5 pylons at the top of the stretch at Dover Downs on March 14, 2019. SUPER IMPOSED N finished 3rd and was placed 8th (see DHRC rule: 7.6.15.2.3). All fines are to be paid within 10 days of written rule.
Name: KYLE HUSTED Ruling Date: 3/19/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-036-19 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Driver Kyle Husted is fined $100.00 dollars for an excessive slow quarter while driving MASSAMILLION in the 12th race at Dover Downs on March 18, 2019 (see DHRC rule: 7.6.13.1.12). All fines are to be paid within 10 days of written rule.
Name: DAMIAN HANS MARTINEZ Ruling Date: 3/19/2019
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2019-FON-2 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Agent Damion Martinez having received notice of hearing and waived his right to a formal stewards hearing is hereby fined the sum of $200.00 for violation of Nebraska State Racing Commission Rule 9.001.07 (Entered the horse "From Day One" in the wrong race therefore necessitating a late scratch from the first race on Saturday, March 16, 2019.)

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

Name: MARK N HIBDON Ruling Date: 3/19/2019
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2019-FON-3 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Mark Hibdon having received notice and appeared for a formal Stewards hearing for violation of Nebraska State Racing Commission Rules 18.011 (Trainer is absolute insurer of the condition of horses trained by him and entered In a race is responsible for the presence of any prohibited drug or medication in such horses).

ALS Truesdail Laboratories, Inc, reported that the blood sample #71024 from the horse "BETA CAPO SONG" who finished 1st in the 8th race on Friday, February 22, 2019 at Fonner Park, Grand Island, Nebraska contained the drug "DEXAMETHASONE".

Owner/Trainer Mark Hibdon is hereby fined the sum of Two Hundred Fifty Dollars ($250.00) and his horse "Beta Capo Song" is hereby disqualified from 1st place and placed last.

The new order of finish for the 8th race on February 22, 2019 is: 1ST #10 "HOLDMEGOLD"; 2ND #4 "MERLO'S LAD"; 3RD #6 RULETHENIGHT"; 4TH #2 "GREEK WEEK"; 5TH #9 DASHING DEREK; 6TH #8 "KINGS COURT"; 7TH #1 "HIGHWAY FIFYFOUR"; 8TH #5 "TIZ TOP"; 9TH #3 "BRAZO EGO"; 10TH #7 "BETA CAPO SONG".

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

Name: HUNTER ROBERT MYERS Ruling Date: 3/19/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-64 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #8 Danishdujour in race 1 on 3/18/19 he did strike a wheel before the half causing #6 Stay In Your Place to go off stride. O.S.R.C.-3769-17-11  17-99
Name: RONNIE H WRENN Ruling Date: 3/19/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-65 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Wrenn was late for the breath analyzer test for race 1 on 3/19/19. O.S.R.C.-3769-14-22  14-50  14-99
Name: CRAIG M. STEIN Ruling Date: 3/19/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-66 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #9 Higgins in race 3 on 3/19/19 he failed to keep a line in each hand during the race. O.S.R.C.-3769-17-17(A)  17-99
Name: JESUS MARIA SOTO Ruling Date: 3/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-175 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/19/2019 Suspension End:
Ruling Text: Trainer, Jesus M. Soto, is hereby summarily suspended, effective immediately, March 19, 2019 pending the outcome of his hearing scheduled for March 26, 2019, at 9:15 a.m. in the office of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Dr, Sunland Park, NM.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Penalty B Controlled Substance, clenbuterol, found in test sample #E305744 taken from the first place finisher, “Kissin Coronas”, in the 1st race on March 1, 2019, at Sunland Park Racetrack.

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

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

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

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

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

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

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

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

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

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

Name: ELIZABETH JANE CAROTENUTO Ruling Date: 3/19/2019
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 19MDH9 Ruling Type: Conduct Detrimental to Racing
Breed: Harness Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 3/29/2019 Suspension End: 4/27/2019
Ruling Text: As a result of the administrative hearing conducted on Friday, March 1, 2019, the Board of Judges has determined that on February 15, 2019:

Elizabeth Carotenuto was the licensed, programmed trainer of the horse NORTHERN SOIREE which competed in the 11th race that evening;

In addition to being the licensed programmed trainer of the horse NORTHERN SOIREE, Ms. Carotenuto was the licensed trainer responsible for the pre-race preparation and post-race care of horses ROSY OUTLOOK and DALTON DID IT which competed in the 6th and 12th races respectively that evening;

Ms. Carotenuto was the trainer responsible to ensure that only individuals licensed by the Commission are employed in any capacity of caretaker, groom, or other such attendant with respect to the care and custody and training of a horse competing at a licensed pari-mutuel racetrack;

In the paddock at the Meadowland Racetrack, a facility licensed by and under the jurisdiction of the New Jersey Racing Commission, Ms. Carotenuto did employ the services of a caretaker to help with the pre-race preparation and the post-race care of the three horses under her control as trainer, who did not possess a valid New Jersey Racing Commission license. Ms. Carotenuto was not only aware of the fact that said individual did not possess a valid New Jersey Racing Commission, but was also aware that said individual was ineligible for licensure with the New Jersey Racing Commission at that time.

Ms. Carotenuto's actions on Friday, February 15, 2019 are in violation of New Jersey Racing Commission rules: N.J.A.C. 13:71-1.12 N.J.A.C. 13:71-6.13 N.J.A.C. 13:71-7.26(a) N.J.A.C. 13:71-7.29(a)1, 13

As a result, Elizabeth Carotenuto is hereby suspended for a period of thirty (30) days, Friday, March 29, 2019 through and including Saturday, April 27, 2019. Ms. Carotenuto is also fined the sum of two thousand five hundred ($2,500.00) dollars. During the period of suspension, Ms. Carotenuto is denied access to all grounds that are under the jurisdiction of the New Jersey Racing Commission for any and all purposes.

Name: ELIZABETH JANE CAROTENUTO Ruling Date: 3/19/2019
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 19MDH9-ASG Ruling Type: Conduct Detrimental to Racing
Breed: Harness Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 3/29/2019 Suspension End: 4/27/2019
Ruling Text: RE: 19MDH9 - Appeal Stay Granted Pending the Appeal Process
Name: BART GEORGE HONE Ruling Date: 3/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-171 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Bart Hone; having been duly notified and appeared with his attorney Gary Mitchell before the Board Of Stewards on March 16, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty) found in test sample E276375 taken from the 2nd place finisherJ J’s Event” following the 6th race, on July 8, 2018, at the Downs at Albuquerque Race Track.

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

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

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

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

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

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

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

The allowable limit for Dexamethasone is 5 pg/ml in the blood. The allowable limit of Betamethasone is 10 pg/ml in blood. (15.2.6.9 Attachment 2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by TVMDL for Dexamethasone at 66 +/-12 pg/ml and Betamethasone at 21 +/- 4 pg/ml in blood.

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

This is Bart Hone’s Second Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4). The Board of Stewards assessed a penalty as follows: Aggravating Factor, More than one 4-C Major Drug.

    1. A ($2000.00) Two Thousand Dollar fine to paid on or before April 16, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
    2. A 15 day suspension of all NMRC licenses starting March 27, 2019, through April 10, 2019, inclusive.
    3. During said time of applicable suspension Bart Hone is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by or under the care and custody of Bart Hone are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned or trained by or under the care and custody of Bart Hone must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) .

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

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

Name: BART GEORGE HONE Ruling Date: 3/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-173 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 4/11/2019 Suspension End: 5/11/2019
Ruling Text: Trainer: Bart Hone; having been duly notified and appeared before the Board Of Stewards on March 16, 2019, was represented by attorney Gary Mitchell regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drugs, Dexamethasone at 20.8 +/- 2.5 pg/ml in blood, (a class 4C-Major penalty drug) found in test sample E276729 taken from the 2nd place finisherJ J’s Event” following the 8th race, on July 29, 2018, at the Downs at Albuquerque Race Track.

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

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

Jeannine L. Richardson is the owner of record for horse “J J's EventThis is Bart Hone’s Third Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4). The Board of Stewards assessed a penalty as follows:

    1. A ($2500.00) Two Thousand Five Hundred Dollar fine to paid on or before April 16, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
    2. A 30 day suspension of all NMRC licenses starting April 11, 2019, through May 10, 2019, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
During said time of applicable suspension Bart Hone is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by or under the care and custody of Bart Hone are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned or trained by or under the care and custody of Bart Hone must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) .

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

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

Name: BART GEORGE HONE Ruling Date: 3/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-174 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: 5/11/2019 Suspension End: 6/10/2019
Ruling Text: Trainer: Bart Hone; having been duly notified and appeared before the Board Of Stewards on March 16, 2019, was represented by attorney Gary Mitchell regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drugs, Ketoprofen at 223 +/- 0.3 ng/ml(a class 4C-Major penalty drug) and Furosemide at 712 +/- 10 ng/ml in blood, (a class 4C-Minor penalty drug) found in test sample E276849 taken from the last place finisherSnowbound Jones” following the 5th race, on August 10, 2018, at the Downs at Albuquerque Race Track. The allowable limit for Ketoprofen is 2 ng/ml in the blood. The allowable limit of Furosemide is 100 ng/ml in blood. (15.2.6.9 Attachment 2).

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

Aimee M. Rosa is the owner of record for horse “Snowbound JonesThis is Bart Hone’s Fourth Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4). The Board of Stewards assessed a penalty as follows:

    1. A ($3000.00) Three Thousand Dollar fine to paid on or before April 16, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
    2. A 30 day suspension of all NMRC licenses starting May 11, 2019, through June 9, 2019, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.

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

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

Name: JOSUE HUITRON Ruling Date: 3/17/2019
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 23353 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/21/2019 Suspension End: 5/19/2019
Ruling Text: Albuterol was reported, by the Equine Medical Surveillance Laboratory of the Louisiana State University, at 2.58ng/ml in the post-race urine of sample LD44695 taken from “Canek”, third finisher of race four, February 18, 2019, at Louisiana Downs. Trainer Josue Huitron declined his right to have the split portion of this sample tested and waived his right to a Formal Stewards hearing. The stewards concluded that sampled LD44695 contained Albuterol above the threshold and this is an ARCI category III drug violation. Trainer Josue Huitron is hereby suspended 60 days March 21, 2019, through May 19, 2019 and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission. “Canek“ is disqualified and declared unplaced and the purse ordered redistributed.
Name: JOSUE HUITRON Ruling Date: 3/21/2019
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 23353-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/21/2019 Suspension End: 5/19/2019
Ruling Text: RE: 23353 - Appeal Stay Granted; Suspensive appeal of ruling 23353 granted by LSRC on 3/20/2019.Pending Commission hearing.
Name: MANUEL ORTIZ Ruling Date: 3/17/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP117 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having been properly notified of a formal hearing, and having waived that right on March 17, 2019, Owner/Trainer Manuel Ortiz (ADG #11099), is hereby fined FIVE HUNDRED DOLLARS ($500.00) plus 5% Race Horse Adoption Fund surcharge for a total of FIVE HUNDRED TWENTY FIVE DOLLARS ($525.00) following receipt of an affidavit from Industrial Laboratories indicating blood/urine sample #E306231 taken from the horse "SERBIAN SYCLONE" who finished FIRST (1st) in the THIRD (3rd) race on February 25, 2019, at Turf Paradise Race Course, was confirmed positive for the presence of the Class IV foreign substance "DEXAMETHASONE" at a concentration of approximately 115 +/- 3.0 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 March 27, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning March 28, 2019, through and inclusive of September 24, 2019, and this matter is referred to the Director of the Arizona Department of Gaming/Racing Division with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102(19), R19-2-102(39), R19-2-106(C), R19-2-111(A)(B)(C), R19-2-112(12), R19-2-120(C)(D)(O), R19-2-121(E).

Name: MANUEL ORTIZ Ruling Date: 3/17/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP118 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having been properly notified of a formal hearing, and having waived that right on March 17, 2019, Owner/Trainer Manuel Ortiz (ADG #11099), is hereby fined FIVE HUNDRED DOLLARS ($500.00) plus 5% Race Horse Adoption Fund surcharge for a total of FIVE HUNDRED TWENTY FIVE DOLLARS ($525.00) following receipt of an affidavit from Industrial Laboratories indicating blood/urine sample #E306259 taken from the horse "DUST ROLLER" who finished FIRST (1st) in the THIRD (3rd) race on February 27, 2019, at Turf Paradise Race Course, was confirmed positive for the presence of the Class IV foreign substance "DEXAMETHASONE" at a concentration of approximately 20.9 +/- 3.0 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 March 27, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning March 28, 2019, through and inclusive of September 24, 2019, and this matter is referred to the Director of the Arizona Department of Gaming/Racing Division with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102(19), R19-2-102(39), R19-2-106(C), R19-2-111(A)(B)(C), R19-2-112(12), R19-2-120(C)(D)(O), R19-2-121(E).

Name: CHARLES ESSEX CHARLES Ruling Date: 3/16/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP116 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 750 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having been properly notified of a formal hearing, and having waived that right on March 16, 2019, Trainer Charles Essex (ADG #17298), is hereby fined SEVEN HUNDRED FIFTY DOLLARS ($750.00) plus 5% Race Horse Adoption Fund surcharge for a total of SEVEN HUNDRED EIGHTY-SEVEN DOLLARS AND FIFTY CENTS ($787.50) following receipt from Industrial Laboratories indicating blood/urine sample #E306235 taken from the horse "LADY ACCLAMATION" who finished FIRST (1st) in the SEVENTH (7th) race on February 25, 2019, at Turf Paradise Race Course, was confirmed positive for the presence of the Class IV foreign substance "METHYLPREDNISOLONE" at a concentration of approximately 192 +/- 20 pg/mL. and was confirmed positive for the presence of the Class IV foreign substance "TRIAMCINOLONE ACETONIDE" at a concentration of approximately 192 +/- 15 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 March 16, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning March 17, 2019, through and inclusive of September 13, 2019, and this matter is referred to the Director of the Arizona Department of Gaming/Racing Division with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102(19), R19-2-102(39), R19-2-106(C), R19-2-111(A)(B)(C), R19-2-112(12), R19-2-120(C)(D)(O), R19-2-121(E).

Name: RICHARD E LULL Ruling Date: 3/16/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP15 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/11/2019 Suspension End: 5/10/2019
Ruling Text: Having been properly notified of a hearing, and having appeared; Jockey Richard Lull (ADG #20107) is hereby suspended for SIXTY DAYS from March 11, 2019, through May 10, 2019 (Credited with six days served after being summarily suspended on March 11, 2019) for testing positive for Cocaine. In addition, the respondent must provide a negative urine sample and sign a drug testing agreement form prior to reinstatement.

During the term of his suspension, Jockey Richard Lull is denied access to all grounds under the jurisdiction of the Arizona Department of Gaming/Racing Division.

The above described matter consitutes a violation in accordance with: A.A.C. R19-2-106(C); A.A.C. R19-2-112; A.A.C. R19-2-121(E); A.R.S. 5.104(C);

Name: TROY CARL BEYER Ruling Date: 3/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 19FRE16 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/17/2019 Suspension End: 3/24/2019
Ruling Text:
Troy Beyer is hereby suspended from driving for a period of seven (7) days. Mr. Beyer will begin his driving suspension on March 17, 2019.
 
While driving #3 "SING ALONG" in the 4th race on March 15, 2019 at Freehold Raceway, Mr. Beyer did position his foot in a manner which allowed it to come in contact with the horse.
 
As per N.J.A.C. 13:71-2.3, Mr. Beyer will be permitted to drive in a designated race on March 19, 2019. Therefore, said suspension will end on March 24, 2019.
Name: DAVE J WISKOW Ruling Date: 3/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 19FRE15 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 3/24/2019 Suspension End: 4/8/2019
Ruling Text:
David Wiskow was the programmed trainer of the horse "JK CAMELOT" when he raced in the 12th race at Freehold Raceway on February 23, 2019.
"JK CAMELOT" finished 1st on February 23, 2019 and, as a result, was required to submit blood samples for analysis. A report from Truesdail laboratories, which is the official chemist for the New Jersey Racing Commission, of the blood sample collected from "JK CAMELOT" identified the presence of phenylbutazone above the allowable limits. This is in direct violation of N.J.A.C. 13:71-23.8(f).
As a result, Mr. Wiskow is hereby issued a full suspension of his New Jersey Racing Commission license for a period of fifteen (15) days. The suspension shall begin on March 24, 2019 and run through April 7, 2019, inclusive. In addition, Mr. Wiskow is fined the sum of five hundred ($500.00) dollars. During the period of suspension, Mr. Wiskow is denied access to all grounds under the jurisdiction of the New Jersey Racing Commission for any and all purposes.
Consistant with N.J.A.C. 13:71-23.7 the horse "JK CAMELOT" is hereby disqualified from sharing in the purse on February 23, 2019. The horsemen's bookkeeper is hereby ordered to redistribute the purse monies from the 12th race on February 23, 2019 accordingly.
MMV Points incurred 1/2 point
Violation of N.J.A.C. 13:71-23.1(a)(b) Violation of N.J.A.C. 13:71-23.6(a)(b)(c)(d)
Violation of N.J.A.C. 13:71-23.7(a)(b)(c)(d) Violation of N.J.A.C. 13:71-23.8(f)(g)
Name: Donnie Victor Hodge Ruling Date: 3/16/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-006 Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On Saturday, March 16, 2019 a steward's conference was held with Donnie Victor Hodge regarding his 2019 WHRC license application. WHRC investigators provided testimony and documentation indicating Mr. Hodge failed to list convictions on his 2019 WHRC license application. Accordingly, the WHRC board of stewards fine Mr. Hodge $50.00 for failing to list his criminal history. The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-36-050 WAC 260-84-060

RIGHT TO CHALLENGE You have the right to challenge this stewards' ruling. If you wish to challenge this ruling, you must file a request for a hearing before the Commission within seven (7) days of service of this ruling. The request must be filed with an office of the Commission and must include your name, address, telephone number, signature and a statement of the basis for the challenge to the ruling. If such request for hearing is not filed with the Commission within the seven days or in the format listed above, then you are deemed to have waived your rights to a hearing before the Commission. After seven days, if you have not filed a request for a hearing before the Commission the Stewards' penalty will be imposed.

Name: STEVEN JIRO MIYADI Ruling Date: 3/15/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-54 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer STEVE MIYADI is fined ONE HUNDRED DOLLARS ($100.00)* for violation of California Horse Racing Board rule #1930 (Obedience to Security Officers and Public Safety Officers – entered the track when two-year olds are not permitted) on March 9, 2019 at Santa Anita Park.
Name: JAMES CHARLES BARNES Ruling Date: 3/15/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-55 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Assistant Trainer JAMES BARNES is fined ONE HUNDRED DOLLARS ($100.00)* for violation of California Horse Racing Board rule #1930 (Obedience to Security Officers and Public Safety Officers – ordered horse to gallop during worker’s only period) on March 9, 2019 at Santa Anita Park.
Name: KELLI LYNN MARTINEZ Ruling Date: 3/20/2019
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2019-FON-1 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2019-FON-1 - Modified Ruling - modified the ruling to be 8.0 mg/ml replacing 8.0 ug/ml.

Owner/Trainer Kelli Martinez waived her right to a formal Stewards hearing is hereby fined the sum of $300.00 for violation of Nebraska State Racing Commission Rule 18.001.03 (Overage of the theraputic medication "Bute" at a level of 8.0 mg/ml for the horse "SUPER BOUND" who finished first (1st) in the 7th race February 24, 2019 at Fonner Park, Grand Island, Nebraska.) This is her first offense.

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

Name: KELLI LYNN MARTINEZ Ruling Date: 3/15/2019
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2019-FON-1 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Kelli Martinez waived her right to a formal Stewards hearing is hereby fined the sum of $300.00 for violation of Nebraska State Racing Commission Rule 18.001.03 (Overage of the theraputic medication "Bute" at a level of 8.0 mg/ml for the horse "SUPER BOUND" who finished first (1st) in the 7th race February 24, 2019 at Fonner Park, Grand Island, Nebraska.) This is her first offense.

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

Name: KIMBERLY ANN PALLOCSKA Ruling Date: 3/15/2019
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 19-005 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: The WHRC groom's license of Kimberly Ann Pallocska is hereby cancelled, without prejudice, for non-participation.

WAC 260-36-080 (3)

You have the right to challenge this stewards' ruling. If you wish to challenge this ruling, you must file a request for a hearing before the Commission within seven (7) days of service of this ruling. The request must be filed with an office of the Commission and must include your name, address, telephone number, signature and a statement of the basis for the challenge to the ruling. If such request for hearing is not filed with the Commission within the seven days or in the format listed above, then you are deemed to have waived your rights to a hearing before the Commission. After seven days, if you have not filed a request for a hearing before the Commission the Stewards' penalty will be imposed.

Name: ERNEST JEROME LEE Ruling Date: 3/15/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 19FRE14 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 3/15/2019 Suspension End: 4/30/2019
Ruling Text:
Ernie Lee was the programmed trainer of the horse "THEWAYTHEWESTWON" when he raced in the 11th race at Freehold Raceway on Saturday, February 16, 2019.
The horse "THEWAYTHEWESTWON" finished 1st on February 16, 2019 and as a result was required to submit blood samples for analysis. A report from Truesdail laboratories, which is the official chemist for the New Jersey Racing Commission, of the blood sample collected from "THEWAYTHEWESTWON" identified the presence of the prohibited substances caffeine and theophylline. This is in direct violation of N.J.A.C. 13:71-23.1.
The blood samples collected from "THEWAYTHEWESTWON" also identified the presence of phenylbutazone above the allowable limits. This is in direct violation of N.J.A.C. 13:71-23.8(f).
As a result, Mr. Lee is hereby issued a full suspension of his New Jersey Racing Commission license for a period of forty-five (45) days. The suspension shall begin on March 15, 2019 and run through April 29, 2019, inclusive. During the period of suspension, Mr. Lee is denied access to all grounds that are under the jurisdiction of the New Jersey Racing Commission for any and all purposes. In addition, Mr. Lee is fined the total sum of one thousand five hundred ($1,500.00) dollars.
Consistant with N.J.A.C. 13:71-23.7, the horse "THEWAYTHEWESTWON" is hereby disqualified from sharing in the purse from February 16, 2019. The horsemen's bookkeeper is hereby ordered to redistribute the purse monies from the 11th race on February 16, 2019 accordingly.
MMV Points incurred- 4 1/2 points
Violation of N.J.A.C. 13:71-23.1(a)(b) Violation of N.J.A.C. 13:71-23.7(a)(b)(c)(d)
Violation of N.J.A.C. 13:71-23.6(a)(b)(c)(d) Violation of N.J.A.C. 13:71-23.8(f)(g)
 
Name: MANUEL RODRIGUEZ Ruling Date: 3/15/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-168 Ruling Type: Race Office/Track Rule Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 25 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Miguel R. Rodriguez , was duly notified (by security citation) and waived h is rights to a 10 day notice and a hearing before the board of Stewards on March 11, 2019. The hearing was to be in regard to Miguel R. Rodriguez parking in a restricted area for an extended time (Limit 15 Minutes) on March 11, 2019, at Sunland Park Racetrack.

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

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

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

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

Name: ALBERTO MONTOYA Ruling Date: 3/15/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-170 Ruling Type: Race Office/Track Rule Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 25 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Alberto Montoya Jr. , was duly notified (by security citation) and waived h is rights to a 10 day notice and a hearing before the board of Stewards on March 11, 2019. The hearing was to be in regard to Alberto Montoya Jr. parking in a restricted area for an extended time (Limit 15 Minutes) on March 11, 2019, at Sunland Park Racetrack.

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

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

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

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

Name: Ron Moquett Ruling Date: 3/14/2019
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 23352 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Failure to have the required gate work workout resulting in the late scratch of his scheduled starter, “Chat Noir,” from race 6, March 13, 2019, at Fair Grounds Race Course.
Name: ADAM P BESCHIZZA Ruling Date: 3/14/2019
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 2019-FG-39 Ruling Type: Failure to Report or Appear
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Not present for film review on March 10, 2019.Prior offence.
Name: Albert R Abdala Ruling Date: 3/14/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-032-19 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/13/2019 Suspension End: 3/19/2019
Ruling Text: Owner Albert Abdala is indefinitely suspended pending receipt of requested documentation related to ownership records and/or a Judges hearing (see DHRC rule: 3.2.3.7.2). Albert Abdala had a scheduled Judge's hearing on March 13, 2019 and failed to appear, at which time the suspension became effective.
Name: Albert R Abdala Ruling Date: 3/19/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-032-19-REST Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/13/2019 Suspension End: 3/19/2019
Ruling Text: RE: DD-032-19 - Restored to Good Standing
Name: RICHARD E LULL Ruling Date: 3/13/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP113 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Richard Lull (ADG #20107) is hereby summarily suspended and denied access to all grounds under the jurisdiction of the Arizona Department Of Gaming pending a hearing before the Board of Stewards on Saturday, March 16, 2019 at 10:30 AM to answer charges of actions that call into question the best interest of racing, and the safety, welfare, economy, health and peace of the people of the state as well (failed field drug test).

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102(76); A.A.C. R19-2-106(C); A.A.C. R19-2-112(12)(13); A.A.C. R19-2-121(E); A.R.S. 5-108(A)

Name: EFREN LOZA Ruling Date: 3/13/2019
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 23349 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/13/2019 Suspension End: 3/16/2019
Ruling Text: Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending payment of $846.32 plus $125 court cost ashis debt to Thoroughbred Transport as per default Judgement.
Name: EFREN LOZA Ruling Date: 3/21/2019
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 23349-REST Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/13/2019 Suspension End: 3/16/2019
Ruling Text: RE: 23349 - Restored to Good Standing on March 16, 2019; Paid Thoroughbred Transport.
Name: JUAN MEDRANO TINAJERO Ruling Date: 3/13/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23348 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/13/2019 Suspension End:
Ruling Text: Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending appearance before the stewards regarding his financial obligation to Jerry Baker.
Name: ELLIOTT LLOYD BACHICHA Ruling Date: 3/12/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-160 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/12/2019 Suspension End:
Ruling Text: Trainer, Elliot Bachicha, is hereby summarily suspended, effective immediately, March 12, 2019 pending the outcome of his hearing scheduled for March 19, 2019, at 9:15 a.m. in the office of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Dr, Sunland Park, NM.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Penalty B Controlled Substance, clenbuterol, found in test sample #E292120 taken from the second place finisher, “Es Hearts Delight”, in the 5th race on February 22, 2019, at Sunland Park Racetrack.

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

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

Name: ERNEST EUGENE EDGAR Ruling Date: 3/12/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-162 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Ernest E. Edgar was duly notified and waived his right to a 10 day notice and a disciplinary hearing before the Board of Stewards on March 12, 2019, regarding a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC). The certificate of analysis was for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4 penalty category C MINOR drug) found in test sample E292146 taken from the FIRST place finisher Harking” following the 7th race, on February 23, 2019.

The certificate of analysis indicated a finding of Phenylbutazone at 3.8 ±.04 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 Ernest E. Edgar.

Edward Hindman, is the owner of record for the horse “Harking”.

For Ernest E. Edgar’s Second Class 4C MINOR medication violation in a 365-day period, the Board of Stewards hereby issues a ($500.00) Five Hundred dollar fine to be paid on or before April 11, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time will result in an immediate suspension.

This ruling is in violation of and written in accordance with: 15.2.6.9(C)(1-2-3) Prima Facie Evidence/15.2.6.9 (C)(3) PENALTY RECOMMENDATIONS 15.2.6.9 A (4)UNIFORM CLASSIFICATION GUIDELINES :Trainer Responsibility/16.47.1.10(B)(1) NMAC: Absolute Insurer /15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b)

Name: MAURO SALCEDO Ruling Date: 3/12/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-163 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, Mauro Salcedo, having been summoned and appeared before the Board of Stewards on March 10, 2019 for failure to make sufficient effort to control his mount during the running of the 9th race on March 9, 2019, at Sunland Park Racetrack while aboard “Walcott”. (Broke out and was late to correct his mount interfering with number 3 and was disqualified from 7th and placed 9th)

For this violation, the Board of Stewards assessed Mauro Salcedo a fine in the amount of $200. The fine is to be paid on or before April 8, 2019 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found in violation of and written in accordance with: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(d) NMAC: Post to Finish (d) In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane in such a manner that it interferes with, impedes or intimidates another horse, it is a foul and may result in the disqualification of the offending horse. 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: TRACY J HEBERT Ruling Date: 3/12/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP114 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/16/2019 Suspension End: 3/18/2019
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on March 12, 2019, Jockey Tracy Hebert (ADG #24138) is hereby suspended three (3) racing days (March 16, March 17, and March 18, 2019 inclusive) for failing to maintain a straight course in the stretch aboard his mount "WILD WHISKEY" in the third race on March 10, 2019, causing interference to multiple horses.

This suspension does not preclude Jockey Tracy Hebert from riding in designated races.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106(C); A.A.C. R19-2-119(C)(7)(c); A.A.C. R19-2-121(E)(2); A.A.C. R19-2-121(E)(3); A.A.C. R19-2-121(E)(6)

Name: ANDY MILLER Ruling Date: 3/12/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 19FRE13 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Driver Andy Miller is hereby fined the sum of twenty-five ($25.00) dollars.
 
Mr. Miller did drive with a wheel inside the "Hubless Rail" pylons while driving #5 "SHAVING MUG" in the 1st race at Freehold Raceway on Saturday, March 9, 2019.
 
Violation of N.J.A.C. 13:71-20.6(a)10
Name: JAIME PARGA-LEOS Ruling Date: 3/10/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-157 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/17/2019 Suspension End: 3/23/2019
Ruling Text: Jockey, Jaime Parga Leos, having been summoned and having sent a representative before the Board of Stewards on March 9, 2019 for careless riding during the running of the 9th race on March 8, 2019, at Sunland Park Racetrack while aboard “Famous Jb” who was disqualified from 3rd and placed 10th. (Bore in causing interference with the 3 and the 2)

For this violation, the Board of Stewards assessed Jaime Parga Leos a suspension of 7 calendar days (March 17, 2019 thru March 23, 2019). Jaime Parga Leos is allowed to ride designated races.

Licensee is found in violation of and written in accordance with: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(d) NMAC: Post to Finish (d) In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane in such a manner that it interferes with, impedes or intimidates another horse, it is a foul and may result in the disqualification of the offending horse. 15.2.5.13(E)(4)(a) NMAC Disqualification. When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horse as in their judgment it interfered with, or they may place it last 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: VICTOR MANUEL DIAZ Ruling Date: 3/10/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-158 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Victor M. Diaz was duly notified , and failed to appear, the stewards held his hearing in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, on March 10, 2019. The hearing was in regard to a certificate of analysis from U.C. Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 391 pg/ml, exceeding the limit of 140 pg/ml, in the urine of horse “Watch for Corona” (Test Sample #: NM13234), which finished third in the 3rd race on June 13, 2015, at The Downs at Albuquerque.

Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by Industrial Laboratories at 275 +/- 14 pg/ml.

Martin Orona Jr. , was the trainer of record for horse “Watch for Corona”, was duly notified.

RULES OF 2015 NMRC AND ARCI IN EFFECT:

For Victor M. Diaz ‘s Second Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. In accordance with 15.2.5.13(E)(4)(d) Purse Redistribution, The horse “Watch for Corona” is hereby disqualified from Third PLACE and ordered unplaced from the 3rd race on June 13, 2015, at Albuquerque Downs Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Cd Tight Rope 7. La Estrella de Oro
                2. Mr Mo Runaway 8. Tyebo
                3. Mess Can 9. Bl Corona
                4. Bederinas Miracle Rf
                5. Lady Secret Dash
                6. First Full Pocket
Unplaced “Watch for Corona

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations /16.47.1.8(T)Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/ 16.47.1.10(B) (1)(2)(3)Absolute Insurer 15.2.1.9(B)(9)(b): Appeal Procedures 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: ROIMES SAID CHIRINOS Ruling Date: 3/10/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-159 Ruling Type: Failure to Give Best Effort
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/18/2019 Suspension End: 3/28/2019
Ruling Text: Jockey Roimes Chirinos was duly notified and appeared for a hearing before the Board of Stewards on March 10, 2019. The hearing was in regard to Roimes Chirinos failing to persevere, causing his mount to shorten stride costing himself the opportunity of placing 3rd, with his mount “Fastinating Allie” in the 4th race on March 9, 2019 at Sunland Park Racetrack.

The Board of Stewards hereby suspends Roimes Chirinos for a period of 11 calendar days (March 18, 2019, through March 28, 2019). Roimes Chirinos is NOT allowed to ride designated races.

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

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

Name: RILEY MILES GILBERT Ruling Date: 3/9/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23343 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failed to have a negative pyroplasmosis test result on file, resulting in the late scratch of “Whitebutton” from race 8 March 8, 2019 at Delta Downs.

Name: JORGE JOSE MAYMO-MELENDEZ Ruling Date: 3/8/2019
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 19042PN Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Late or failure to have horses in paddock. FAILURE TO RUN AN ENTERED HORSE YO SOY EL LOBO , NECESSITATING A LATE SCRATCH OF THE HORSE FROM THE 3RD RACE, MARCH 8 , 2019 IN VIOLATION OF PA. CODE, TITLE 58, SECTION 165.216. DIRECTIVE NO. 1-89 DATED 2/21/89 CHANGES $100 AMOUNT TO $250 IN RULE 165.216. YOU ARE HEREBY FINED THE SUM OF THREE HUNDRED DOLLARS ($300.00). FINE DUE MARCH 20, 2019. IF FINE IS NOT PAID, SUSPENSION BEGINS MARCH 30, 2019. 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: MITCHELL D CUSHING Ruling Date: 3/8/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 19FRE11 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mitchell Cushing is hereby fined the sum of fifty ($50.00) dollars.
 
Failure to drive when programmed on the following horse on: March 8, 2019.
Race 8 "LIVE ODDS"
 
Violation of N.J.A.C. 13:71-7.29(a)2
Name: DYLAN ANTHONY POTTEIGER Ruling Date: 3/7/2019
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 19039PN Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/28/2019 Suspension End:
Ruling Text: Has acted to the detriment of racing. AFTER AN INTERVIEW WITH PENNSYLVANIA RACING COMMISSION INVESTIGATORS, STABLE EMPLOYEE, DYLAN ANTHONY POTTEIGER WAS ASKED TO SUBMIT A ROUTINE URINALYSIS ON FEBRUARY 19, 2019. ON FEBRUARY 28, 2019, SAID URINALYSIS READ AND CONFIRMED TO BE POSITIVE FOR THC (MARIJUANA) WHICH IS IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.8. THE STABLE EMPLOYEE LICENSE OF DYLAN ANTHONY POTTEIGER IS HEREBY SUSPENDED FOR A MINIMUM THIRTY DAYS (30) EFFECTIVE FEBRUARY 28, 2019 PENDING COMPLETION OF PROFESSIONAL EVALUATION FOR CHEMICAL DEPENDENCY AND PROVIDING A NEGATIVE URINALYSIS, AND IS HEREBY PLACED ON A DRUG CONDITIONAL LICENSE AGREEMENT. DURING THIS SUSPENSION, DYLAN ANTHONY POTTIEGER 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: JANN N HERNANDEZ Ruling Date: 3/4/2019
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 19032PP Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: General Ruling. APPRENTICE JOCKEY JANN N. HERNANDEZ PETITIONED THE STEWARDS FOR AN EXTENSION ON HIS APPRENTICE JOCKEY CERTIFICATE AND PRESENTED THE NECESSARY DOCUMENTATION SHOWING PROOF OF BEING INJURED AND UNABLE TO RIDE AND DUE TO RESTRICTION OF RACING. JANN N. HERNANDEZ'S APPRENTICE ALLOWANCE WAS TO EXPIRE ON FEBRUARY 25,2019, HAVING BEEN GRANTED TWENTY FOUR (24) CALENDAR DAYS, HIS APPRENTICE ALLOWANCE WILL NOW BE EXTENDED THROUGH AND INCLUDING MARCH 27,2019 IN ACCORDANCE WITH 163.190(A)(4) AND 163.191(A). 163.190(A)(4) UNDER EXCEPTIONAL CIRCUMSTANCES,...RESTRICTIONS ON RACING OR OTHER VALID REASONS WHICH INTERFERE WITH THE ALLOWANCE OF 1 YEAR FROM THEIR FIFTH WINNER, THE COMMISSION MAY EXTEND THE TERM OF THE CONTRACT AND THE ALLOWANCES PROVIDED BY THIS CHAPTER. 163.191(A) THE COMMISSION SHALL TAKE JURISDICTION ON APPLICATIONS FOR EXTENSION IN CASES WHEN PERSONAL INJURIES IN THE CONDUCT OF HIS DUTY AND RESTRICTIONS ON RACING OCCURRED AT TRACKS LICENSED BY THE COMMISSION.
Name: VALDA SILLMAN Ruling Date: 3/19/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-026-19-REST Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/27/2019 Suspension End: 3/19/2019
Ruling Text: RE: DD-026-19 - Restored to Good Standing
Name: VALDA SILLMAN Ruling Date: 3/4/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-026-19 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/27/2019 Suspension End: 3/19/2019
Ruling Text: Owner Valda Sillman is summarily suspended pending receipt of requested documentation related to ownership records. (see DHRC rule: 3.2.3.7.2) Valda Sillman had a Judge's hearing by phone on February 27, 2019 at which time the suspension became effective.
Name: JOSUE PONCE Ruling Date: 3/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-139 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 3/13/2019 Suspension End: 3/27/2019
Ruling Text: Trainer: Josue Ponce; having been duly notified and was represented by attorney Daniel Marquez before the Board Of Stewards on March 2, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drug, Betamethasone (a class 4C-Major penalty drug) found in test sample E282524 taken from the 1st place finisherPolitical Attraction” following the 6th race, on July 8, 2018, at the Ruidoso Downs Race Track. The original lab report indicated a finding of Betamethasone at 16.0 +/- 2.0 pg/ml in the blood, the allowable limit for Betamethasone is 10 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by TVMDL at 16 +/- 3 pg/ml. Kathryn T Robinson and Rogelio Marquez Jr. are the owners of record for horse “Political Attraction

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

    1. A ($1,500) One thousand five hundred dollar fine to paid on or before April 3, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
    2. A 15 day suspension of all NMRC licenses starting March 13, 2019 , through March 27, 2019, inclusive.
    3. During said time of applicable suspension Josue Ponce is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses trained or owned by, or in the care and custody of Josue Ponce are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by, or in the care and custody of Josue Ponce must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

Name: MARK N HIBDON Ruling Date: 2/28/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23325 Ruling Type: Failure to Pay Fine or Fees
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/28/2019 Suspension End: 3/20/2019
Ruling Text: Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending payment of the $200 fine levied against him 2/19/2019 as per ruling 23189.
Name: MARK N HIBDON Ruling Date: 3/20/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23325-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/28/2019 Suspension End: 3/20/2019
Ruling Text: RE: 23325 - Restored to Good Standing; Paid fine re ruling 23189 on March 14,2019.
Name: EDWIN ORLANDO GONZALEZ Ruling Date: 3/5/2019
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 19038PN Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/4/2019 Suspension End: 3/8/2019
Ruling Text: Careless Riding. JOCKEY EDWIN ORLANDO GONZALEZ IS HEREBY SUSPENDED FIVE (5) CALENDAR DAYS COMMENCING MARCH 4 , 2019 THROUGH AND INCLUDING MARCH 8 , 2019 FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE; ALLOWING HIS MOUNT # 11 MAJESTIC VOYAGE TO CAUSE AN INTERFERENCE TO # 3 MY TRAIN HAVING CAME OUT INTO #3 MY TRAIN IN THE STRETCH RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM 1ST POSITION TO 2ND POSITION IN THE 2ND RACE, FEBRUARY 27 , 2019, IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.234, 163.235 AND 163.471(A). EDWIN ORLANDO GONZALEZ IS ALLOWED ON THE GROUNDS DURING THIS RIDING SUSPENSION. 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: DEBBIE SUE DOWNS Ruling Date: 3/8/2019
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 19040PN Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Falsification of Application. TRACK EMPLOYEE DEBBIE SUE DOWNS IS HEREBY FINED FIFTY DOLLARS ($50.00) FOR HAVING A FALSIFIED APPLICATION (ARREST RECORD). FINE DUE MARCH 20, 2019. IF FINE IS NOT PAID, SUSPENSION BEGINS MARCH 30, 2019. 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: JOHN FILLMORE JAMISON Ruling Date: 2/24/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-122 Ruling Type: Racing Officials Compromising Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Starter: John Jamison, was duly notified and waived his right to a hearing before the Board of Stewards on February 23, 2019. The hearing was scheduled in regard to John Jamison Failing to insure that the Flipping Halter was hooked up on the #5 horse “Chizm”, in the 7th race on February 15, 2019, as indicated on the official program at Sunland Park Racetrack.

Licensee is found to be in violation of:15.2.3.8 (A)(5)(b) Racing Official Accountability A racing official may be held responsible by the stewards or the commission for their actions, and the actions of their assistants and employees.

The Board of Stewards hereby fines John Jamison in the amount of Two Hundred Dollars ($200.00). The fine is to be paid on or before March 26, 2019, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found to be in violation of and this Ruling is written in accordance with: 15.2.3.8 (A)(5)(b) Racing Official Accountability A racing official may be held responsible by the stewards or the commission for their actions, and the actions of their assistants and employees. 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

Name: HECTOR ALDRETE-BIZCARRA Ruling Date: 2/24/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-123 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/3/2019 Suspension End: 3/13/2019
Ruling Text: Jockey Hector Aldrete was duly notified and appeared for a hearing before the Board of Stewards on February 23, 2019. The hearing was in regard to Hector Aldrete failing to persevere with his mount “Harmony” in the 4th race on February 22, 2019.

The Board of Stewards hereby suspends Hector Aldrete for a period of 11 calendar days (March 3, 2019, through March 13, 2019). Hector Aldrete is NOT allowed to ride designated races.

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

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

Name: CASEY TODD LAMBERT Ruling Date: 2/23/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-117 Ruling Type: Race Office/Track Rule Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Casey T. Lambert, having waived his right to a ten day notice and formal hearing on February 12, 2019 concerning a security citation for having a submersible heater in the barn area, a violation of Sunland Park rules.

For this rule violation, the Board of Stewards assess Casey T. Lambert a penalty in the amount of Fifty Dollars ($50.00). This fine is to be paid on or before March 25, 2019 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed will result in immediate suspension.

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

Licensee is found to be in violation of and written in accordance with: 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General authority. The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: ORIN LEE COGBURN Ruling Date: 3/22/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-005-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 19-WRD-005A Ruling Final Outcome- 3/14/2019 The $500.00 paid was paid in cash.
Name: ORIN LEE COGBURN Ruling Date: 2/22/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-005 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 ORRIN COGBURN PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "CATCH JESSIE IF UCAN" THE 1ST PLACE FINISHER IN THE 2ND RACE AT WRD ON 9/28/2018, TESTING POSITIVE FOR THE DRUG DEXAMETHASONE, IN EXCESS OF THE PERMITTED LEVEL. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT ORRIN COGBURN SHALL BE FINED $500.00. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM 1ST PLACE IN THE 2ND RACE AT WRD ON 9/28/2018.
Name: STEFAN DOROSZ Ruling Date: 2/20/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 19FRE9 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 2/18/2019 Suspension End: 3/4/2019
Ruling Text:
Stefan Dorosz was the programmed trainer of the horse "R SAM" which raced in the 5th race on February 1, 2019 at Freehold Raceway. Following the 5th race on February 1, 2019 the horse "R SAM" was required to submit blood samples for analysis. A report from Truesdail laboratories of the sample taken from the horse "R SAM" disclosed the presence of flunixin above the allowable limits.
 
The horse "R SAM" finished 2nd and has been disqualified. All purse monies earned by "R SAM"on February 1, 2019 must be returned to the horseman's bookkeeper and redistributed accordingly.
 
As a result, Mr. Dorosz is hereby fined the sum of five hundred ($500.00) dollars and issued a 15 day full suspension of his New Jersey Racing Commission license. Mr. Dorosz has waived his right to a hearing with the Board of Judges, as well as his right to appeal, and will begin his suspension on February 18, 2019 and run through March 4, 2019, inclusive. During the period of suspension, Mr. Dorosz is denied access to all grounds that are under the jurisdiction of the New Jersey Racing Commission.
 
Violation of N.J.A.C. 13:71-23.6 (a)(b)(c)(d)
Violation of N.J.A.C. 13:71-23.8 (g)1
Name: CARLOS O. ALVIDREZ Ruling Date: 2/26/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-94-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 2/19/2019 Suspension End: 4/19/2019
Ruling Text: RE: 2019-SUN-94 - Ruling Final Outcome Trainer Carlos O. Alvidrez was duly notified, appeared, waived his right to a summary suspension hearing and proceeded to his disciplinary hearing before the Board Of Stewards on February 24, 2019. The hearing was in regard to a certificate of analysis from Industrial Laboratory (official testing laboratory for the NMRC) for a confirmed positive for the controlled substance and prohibited drug Class 3 Penalty B Controlled Substance, clenbuterol, found in test sample #E291867 taken from the second place finisher, “Streicher”, in the 2nd race on February 1, 2019, at Sunland Park Racetrack.

Edgar Ochoa, Jose Luis Vega and Eduardo Olivas are the owners of record for horse “Streicher”.

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

        1. A 60day suspension of all NMRC licenses starting February 19, 2019, through April 19, 2019, inclusive.
        2. A (1,000.00) one thousand dollar fine to paid on or before March 25, 2019 in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
        3. Per 15.2.3.8 (B)(3)(j), the Board of Stewards hereby refer Carlos O. Alvidrez to the New Mexico Racing Commission for further action deemed necessary.

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

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations /16.47.1.8(T)Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/ 16.47.1.10(B) (1)(2)(3)Absolute Insurer 15.2.1.9(B)(9)(b): Appeal Procedures 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: JOSUE HUITRON Ruling Date: 2/19/2019
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 23304 Ruling Type: Race Office/Track Rule Violation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failed to have a current negative piroplasmosis and a negative Coggins test result on file for his scheduled starter, “Three R Mr Perry” resulting in a late scratch from race 1, February 11, 2019, at Louisiana Downs.
Name: CARLOS O. ALVIDREZ Ruling Date: 2/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-94 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 2/19/2019 Suspension End: 4/19/2019
Ruling Text: Trainer, Carlos O Alvidrez, is hereby summarily suspended, effective immediately, February 19, 2019 pending the outcome of his hearing scheduled for February 26, 2019, at 9:00 a.m. in the office of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Dr, Sunland Park, NM.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Penalty B Controlled Substance, clenbuterol, found in test sample #E291867 taken from the second place finisher “Streicher”, in the 2nd race on February 1, 2019, at Sunland Park Racetrack.

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

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

Name: Ry Patrick Eikleberry Ruling Date: 2/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-99 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey, Ry Eikleberry, having been summoned and appeared before the Board of Stewards on February 19, 2019 for failure to make sufficient effort to control his mount during the running of the 3rd race on Febuary 17, 2019, at Sunland Park Racetrack while aboard “Wild Wild Kingdom”.

For this violation, the Board of Stewards assessed Ry Eikelberry a fine in the amount of $200. The fine is to be paid on or before March 20, 2019 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found in violation of and written in accordance with: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(d) NMAC: Post to Finish (d) In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane in such a manner that it interferes with, impedes or intimidates another horse, it is a foul and may result in the disqualification of the offending horse. 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: VALENTIN ARELLANES Ruling Date: 2/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-89 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Valentin Arellanes; having been duly notified and failed to appear or respond on February 16, 2019, so the hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board Of Stewards on February 17, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drug, Triamcinolone (class 4C-Major penalty) found in test sample E290724 taken from the 1st place finisherWonderboy” following the 3rd race, on November 3, 2018, at Zia Park Race Track.

The original lab report indicated a finding of Triamcinolone at 183 +/-15 pg/ml in the blood, the allowable limit for Triamcinolone is 100 pg/ml in the blood (15.2.6.9 B (4) NMAC:. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer.

Marcus S. Quintero is the owner of record for horse “Wonderboy

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

    1. A ($1,000) One thousand dollar fine to paid on or before March 19, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

Name: OSCAR CARRETE Ruling Date: 2/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-90 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 2/20/2019 Suspension End: 3/6/2019
Ruling Text: Trainer: Oscar V. Carrete; having been duly notified and appeared before the Board Of Stewards on February 17, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Methylprednisolone (class 4C-Major penalty) found in test sample E291381 taken from the 2nd place finisherWonderboy” following the 3rd race, on December 28, 2018, at Sunland Park Race Track.

The original lab report indicated a finding of Methylprednisolone at 292 +/- 21 pg/ml in the blood, the allowable limit for Methylprednisolone is 100 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and declined. Alfonso C. Rodriquez is the owner of record for horse “Wonderboy

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

    1. A ($1,500) One thousand five hundred dollar fine to paid on or before March 19, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
2. A 15 day suspension of all NMRC licenses starting February 20, 2019, through March 6, 2019, inclusive.

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

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

Name: BERTHA S IRIGOYEN Ruling Date: 2/10/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-80 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner, Bertha S. Irigoyen, was duly notified and appeared before the Board of Stewards, on February 9, 2019. The hearing was in regards to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the therapeutic (class 4 penalty C Major) drug Methylprednisolone detected in the blood of horse “Jess a Satin Flash” (Test Sample #: E290913), who finished FIRST place in the 2nd race on November 17, 2018, at Zia Park Racetrack.

The original lab report indicated a finding of Methylprednisolone at 276 ± 21 pg/ml in the blood, which exceeds the authorized medication limit of 100 pg/ml in the blood (15.2.6.9 Attachment 2, Page 3).

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

Rene Saucedo is the trainer of record for horse, Jess a Satin Flash.

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

    1. The horse “Jess a Satin Flash” must pass a commission approved veterinary examination before being eligible to enter.

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

                1. Lady Version
                2. Ur a Nutrias Fury
                3. Sir Diamond Dash
                4. Quick Pik
                5. Faster Version
                6. First Moon Fire
                7. Taleas Pride
                8. Heza Winning Version
Unplaced “Jess a Satin Flash"

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.6.9(C)(1) : Prima Facie Evidence /16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS 15.2.6.11(A): 15.2.3.8 B(1) (3)(a)(f)(g)(j) Stewards Disciplinary Action/16.47.1.8 (T) KNOWLEDGE OF RULES Redistribution of Prizes/ 15.2.5.13(E)(4)(d) NMAC Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification.”

Name: BARBARA (Bobbi) ANNE HAWTHORNE Ruling Date: 3/4/2019
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 19033PP Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: General Ruling. On the report of the Pennsylvania Equine Toxicology and Research Laboratory, the Official Chemist for the Pennsylvania State Horse Racing Commission, that the Plasma of the horse “FLASHONFORTY” (Sample #336816-F), which finished first (1st) in race #1 on February 4,2019 was positive for METHOCARBAMOL. “FLASHONFORTY” is disqualified for all purposes except wagering and the purse is redistributed as follows, pending period of appeal: 1st. A J's Way 2nd. Cardcounter 3rd. Catch Fire 4th. Infuriated 5th. Little Vinnie The purse money for “FLASHONFORTY” is forfeited. This is in accordance with Pennsylvania State Horse Racing Commission Section 163.303(A)(B)(C) which reads as follows: 163.303(A) A HORSE PARTICIPATING IN A RACE MAY NOT CARRY IN ITS BODY A SUBSTANCE EXCEPT AS PROVIDED IN 163.304 (RELATING TO SUBSTANCES OF THERAPEUTIC VALUE). 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. 163.303(C) 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. The Stewards, Investigators of the PSHRC, and the TRPB are continuing their investigation into this matter. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA. HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS…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: SALVADOR RENTERIA SOTO Ruling Date: 2/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-69 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 2/10/2019 Suspension End: 3/11/2019
Ruling Text: Trainer: Salvador Soto was duly notified and waived his right to a hearing before the Board of Stewards on February 2, 2019. The hearing was in regard to a certificate of analysis from U C Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” at 85 pg/ml which exceeds the authorized limit of 0pg/ml in urine detected in the horse “Chicks A Moneymaker” (Test Sample #: NM30451), who finished in 3rd place in the 10th race on April 14, 2018, at Sunland Park Racetrack.

Daniel A. Ramirez, is the owner of record for horse “Chicks A Moneymaker”, and was duly notified.

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

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

  1. A 30 day suspension of all NMRC licenses starting February 10, 2019, through March 10. 2019, inclusive.
  2. A ($750.00) Seven Hundred Fifty Dollar fine to be paid on or before March 10, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.

Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Chicks A Moneymaker” was placed on the Stewards list for a minimum period of 60 days (beginning May 3, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

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

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

Name: JOE LOUIS HONESTO Ruling Date: 2/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-71 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 2/3/2019 Suspension End: 4/3/2019
Ruling Text: Trainer/Owner Joe Louis Honesto was duly notified, and waived his right to a hearing before the Board of Stewards on February 3, 2019. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the (class 3 penalty B) drug “Albuterol” in horse “The Last Bullet” (Test Sample #: E290934) who finished in SECOND place in the 2nd race on November 18, 2018, at Zia Park.

The certificate of analysis detected “Albuterol” at a level of 7.69±.1 ng/ml in the urine, which exceeds the authorized limit of 1 ng/ml in urine (15.2.6.9 NMAC attachment #2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer.

Joe Louis Honesto), is also the owner of record for horse “The Last Bullet”,

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

    1. A 60 day suspension of all NMRC licenses starting February 3, 2019, through April 3, 2019, inclusive.
    2. A ($1,500)Fifteen Hundred dollar fine to paid on or before March 3, 2019. In accordance with 15.2.3.8 (B)(3)(l) NNRC, failure to pay the fine within the prescribed time shall result in an immediate suspension.
    3. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “The Last Bullet” is placed on the Stewards list for a minimum period of 60 days (beginning November 19, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    4. The horse “The Last Bullet” is hereby disqualified from SECOND place and ordered unplaced from the 2nd race on November 18, 2018, at Zia Park for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Elias Bigcartel
                2. Wild Saturday Nite
                3. Run Eyesa Run
                4. Maple Eyes
                5. Redd Metal
                6. Perrys Queen
Unplaced “The Last Bullet”

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

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

Name: ARLENE EVE CAMERON Ruling Date: 2/2/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 19FRE7 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer Arlene Cameron is hereby fined the sum of two hundred fifty ($250.00) dollars
 
Failure to honor declaration on #5 "RISSY'S ALLIN" in the 7th race on February 1, 2019.
 
Violation of N.J.A.C. 13:71-16.1
Name: CESAR MENDEZ Ruling Date: 1/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-53 Ruling Type: Fined
Breed: Mixed Division: Mixed
Fine Amount: $ 25 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner: Cesar Mendoza , was duly notified (by security citation) and waived h is rights to a 10 day notice and formal hearing before the board of Stewards on January 22, 2019. The hearing was in regards to Cesar Mendoza parking in a restricted area for an extended time on January 22, 2019, at Sunland Park Racetrack.

Cesar Mendoza is hereby fined Twenty five dollars ($25.00) This fine is to be paid on or before March 1, 2019, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed will result in immediate suspension.

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

15.2.1.8(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

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

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

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

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

        1. A ($1,500) One thousand five hundred dollar fine to paid on or before February 21, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
        2. A 15 day suspension of all NMRC licenses starting January 31, 2019, through February 14, 2019, inclusive.

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

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

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

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

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

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

        1. A ($1,500) One thousand five hundred dollar fine to paid on or before February 21, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
        2. A 15 day suspension of all NMRC licenses starting January 31, 2019, through February 14, 2019, inclusive.

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

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

Name: SALVADOR RENTERIA SOTO Ruling Date: 1/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-16 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Salvador Soto; having been duly notified and having waived his rights to a hearing before the Board Of Stewards on January 12, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty) found in test sample E276458 taken from the 3rd place finisherOffended” following the 9th race, on July 13, 2018, at the Downs at Albuquerque. The original lab report indicated a finding of Dexamethasone at 18.4 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Salvador Soto.

Jesus Sosa is the owner of record for horse “Offended

In accordance with rules 15.2.6.9 (B)(4), this is Salvador Soto’s FIRST Class 4C-Major medication violation in 365 days. For Salvador Soto’s FIRST Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows:

    1. A ($1,000) One thousand dollar fine to paid on or before February 11, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

Name: ROBIN ALLEN HYBSHA Ruling Date: 1/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-20 Ruling Type: General/Miscellaneous Rulings
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Issued In error
Name: CARLOS J MILIAN-TRINIDAD Ruling Date: 3/5/2019
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 19035PP Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Drug Positive. OWNER/TRAINER CARLOS J. MILIAN-TRINIDAD, HAVING WAIVED HIS RIGHT TO A FORMAL HEARING AND HIS RIGHT OF APPEAL, APPEARED BEFORE THE BOARD OF STEWARDS ON REPORT FROM THE OFFICIAL CHEMIST FOR THE PENNSYLVANIA STATE HORSE RACING COMMISSION THAT SAMPLE #265385-C,F,L TAKEN FROM THE HORSE "JACK O LIAM" WHICH FINISHED SECOND (2ND) IN RACE #2 ON JANUARY 8,2019, AT PARX/PHILADELPHIA PARK, TESTED POSITIVE FOR PHENYLBUTAZONE. CONFIRMATION TESTING ON SPLIT SAMPLE #265385-C,F,L WAS MADE BY TEXAS VETERINARY MEDICAL DIAGNOSTIC OF COLLEGE STATION, TX. . THEREFORE, AFTER CONSIDERING ALL TESTIMONY PRESENTED AND THE INFORMATION SUBMITTED TO THE BOARD OF STEWARDS BY INVESTIGATORS OF THE PENNSYLVANIA STATE HORSE RACING COMMISSION, DUE TO MITIGATING CIRCUMSTANCES, OWNER/TRAINER CARLOS J. MILIAN-TRINIDAD IS FOUND TO BE IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.302(A)(1 ), 163.303(A,B,C), 163.309 AND 163.521(F). ACCORDINGLY, OWNER/TRAINER CARLOS J. MILIAN-TRINIDAD IS HEREBY FINED ONE THOUSAND DOLLARS ($1,000.00) AND IS ASSIGNED 1/2 MULTIPLE MEDICATION VIOLATION POINT. THIS RULING SHALL IN NO WAY AFFECT THE PARI-MUTUEL PAY-OFF IN RACE #2 ON JANUARY 8,2019. CONTINUED 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. 163.303(A,B,C) (A) A HORSE PARTICIPATING IN A RACE MAY NOT CARRY IN ITS BODY A SUBSTANCE EXCEPT AS PROVIDED IN 163.304 (RELATING TO SUBSTANCES OF THERAPEUTIC VALUE). (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. (C) A FINDING BY THE CHEMIST OF A FOREIGN SUBSTANCE OR AN APPROVED SUBSTANCE USED IN VIOLATION OF 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. 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. 163.521(F) A TRAINER SHALL BE RESPONSIBLE FOR THE CONDITION OF A HORSE TRAINED BY HIM... FINE IS DUE BY MARCH 21,2019 IF FINE IS NOT PAID, SUSPENSION BEGINS MARCH 22,2019 FINES ARE PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION
Name: CARLOS J MILIAN-TRINIDAD Ruling Date: 3/5/2019
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 19034PP Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Drug Positive. OWNER/TRAINER CARLOS J. MILIAN-TRINIDAD, HAVING WAIVED HIS RIGHT TO A FORMAL HEARING, APPEARED BEFORE THE BOARD OF STEWARDS ON REPORT FROM THE OFFICIAL CHEMIST FOR THE PENNSYLVANIA STATE HORSE RACING COMMISSION THAT SAMPLE #265370-F,L TAKEN FROM THE HORSE "NOBLE KENT” WHICH FINISHED FIRST (1ST) IN RACE #6 ON JANUARY 7,2019, AT PARX/PHILADELPHIA PARK, TESTED POSITIVE FOR PHENYLBUTAZONE. CONFIRMATION TESTING ON SPLIT SAMPLE #265370-F,L WAS MADE BY INDUSTRIAL LABORATORIES OF WHEAT RIDGE, CO. . THEREFORE, AFTER CONSIDERING ALL TESTIMONY PRESENTED AND THE INFORMATION SUBMITTED TO THE BOARD OF STEWARDS BY INVESTIGATORS OF THE PENNSYLVANIA STATE HORSE RACING COMMISSION, OWNER/TRAINER CARLOS J. MILIAN-TRINIDAD IS FOUND TO BE IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.302(A)(1), 163.303(A,B,C), 163.309 AND 163.521(F). ACCORDINGLY, OWNER/TRAINER CARLOS J. MILIAN-TRINIDAD IS HEREBY FINED FIVE HUNDRED DOLLARS ($500.00) AND IS ASSIGNED 1/2 MULTIPLE MEDICATION VIOLATION POINT. THIS RULING SHALL IN NO WAY AFFECT THE PARI-MUTUEL PAY-OFF IN RACE #6 ON JANUARY 7,2019. 163.302(A)(1) (1) A HORSE PARTICIPATING IN A RACE MAY NOT CARRY IN ITS BODY A SUBSTANCE FOREIGN TO THE NATURAL HORSE EXCEPT AS OTHERWISE PROVIDED. 163.303(A,B,C) (A) A HORSE PARTICIPATING IN A RACE MAY NOT CARRY IN ITS BODY A SUBSTANCE EXCEPT AS PROVIDED IN 163.304 (RELATING TO SUBSTANCES OF THERAPEUTIC VALUE). (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. (C) A FINDING BY THE CHEMIST OF A FOREIGN SUBSTANCE OR AN APPROVED SUBSTANCE USED IN VIOLATION OF 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. 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. 163.521(F) A TRAINER SHALL BE RESPONSIBLE FOR THE CONDITION OF A HORSE TRAINED BY HIM... FINE IS DUE MARCH 15,2019 IF FINE IS NOT PAID, SUSPENSION BEGINS MARCH 16,2019 FINES ARE PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION
Name: ROBIN ALLEN HYBSHA Ruling Date: 1/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-6-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 1/6/2019 Suspension End: 3/6/2019
Ruling Text: RE: 2019-SUN-6 - Ruling Final Outcome Trainer R. Allen Hybsha was duly notified and having waived his rights to a hearing before the Board Of Stewards on January 12, 2019. The hearing was in regard to a certificate of analysis from Industrial Labratory (official testing laboratory for the NMRC) for a confirmed positive for the controlled substance and prohibited drug Class 3 Controlled Substance, clenbuterol, found in test sample #E291356 taken from the second place finisher (trained by R. Allen Hybsha), “Ms Haulin Chic”, in the 2nd race on December 12, 2018, at Zia Park Racetrack. Haullin Assets Racing, is the owner of record for horse “Ms Haulin Chic”.

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

    1. A 60day suspension of all NMRC licenses starting January 6, 2019, through March 6, 2019, inclusive.
    2. A (1,000.00) one thousand dollar fine to paid on or before February 11, 2019 in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
    3. Per 15.2.3.8 (B)(3)(j), the Board of Stewards hereby refer R. Allen Hybsha to the New Mexico Racing Commission for further action if deemed appropriate

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

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations /16.47.1.8(T)Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/ 16.47.1.10(B) (1)(2)(3)Absolute Insurer 15.2.1.9(B)(9)(b): Appeal Procedures 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: ROBIN ALLEN HYBSHA Ruling Date: 1/6/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-6 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 1/6/2019 Suspension End: 3/6/2019
Ruling Text: Trainer, R. Allen Hybsha, is hereby summarily suspended, effective immediately, January 6, 2019 pending the outcome of his hearing on January 15, 2019, at 8:45 a.m in the office of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Dr, Sunland Park, NM.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Controlled Substance, clenbuterol, found in test sample #E291356 taken from the second place finisher (trained by R. Allen Hybsha), “Ms Haulin Chic”, in the 2nd race on December 12, 2018, at Zia Park Racetrack.

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

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

Name: ROBIN ALLEN HYBSHA Ruling Date: 2/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-6-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 1/6/2019 Suspension End: 3/6/2019
Ruling Text: RE: 2019-SUN-6 - Modified Ruling RE: 2019-SUN-6 - Ruling Final Outcome Trainer R. Allen Hybsha was duly notified and having waived his rights to a hearing before the Board Of Stewards on January 12, 2019. The hearing was in regard to a certificate of analysis from Industrial Labratory (official testing laboratory for the NMRC) for a confirmed positive for the controlled substance and prohibited drug Class 3 Controlled Substance, clenbuterol, found in test sample #E291356 taken from the second place finisher (trained by R. Allen Hybsha), “Ms Haulin Chic”, in the 2nd race on December 19, 2018, at Zia Park Racetrack. Haullin Assets Racing, is the owner of record for horse “Ms Haulin Chic”.

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

    1. A 60day suspension of all NMRC licenses starting January 6, 2019, through March 6, 2019, inclusive.
    2. A (1,000.00) one thousand dollar fine to paid on or before February 11, 2019 in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
    3. Per 15.2.3.8 (B)(3)(j), the Board of Stewards hereby refer R. Allen Hybsha to the New Mexico Racing Commission for further action if deemed appropriate

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

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8 B (1)(e) The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules.15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations /16.47.1.8(T)Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/ 16.47.1.10(B) (1)(2)(3)Absolute Insurer 15.2.1.9(B)(9)(b): Appeal Procedures 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: DYLAN ANTHONY POTTEIGER Ruling Date: 3/8/2019
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 19041PN Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Financial Responsibility. ISSUING CHECK # (NO NUMBER) DATED DECEMBER 29, 2018 TO THE PA STATE HORSE RACING COMMISSION, WHICH WAS RETURNED BY THE BANK FOR INSUFFICIENT FUNDS IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.12. THEREFORE, YOUR STABLE EMPLOYEE LICENSE IS REVOKED UNTIL CHECK IS MADE GOOD. (CURRENTLY SUSPENDED PER RULING #19039PN) SECTION 163.12: A person may not issue a check in payment for a license fee, fine, nomination or entry fee or other fees, or for services or supplies when the person knows or should reasonably know that the check will be refused for payment by the bank upon which it is written, or that the account upon which it is written does not contain sufficient funds for payment of the check, or that the check is written on a closed account or a nonexistent account. YOU ARE HEREBY FINED THE SUM OF ONE HUNDRED DOLLARS ($100.00). FINE DUE MARCH 20, 2019 FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. DURING THIS SUSPENSION, DYLAN ANTHONY POTTEIGER 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: VICTOR ARTURO ESCOBAR Ruling Date: 12/28/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-253 Ruling Type: License Type Changed
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Placing Judge License (291895) issued to Victor A. Escobar is hereby rescinded without prejudice as he has appeared before the Board of Stewards on December 28, 2018, and stated that he no longer works in this capacity. Victor A. Escobar is hereby issued a Stewards License.

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

Name: MARK N HIBDON Ruling Date: 1/3/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23189 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Failed to have a current negative piroplasmosis test result on file for his scheduled starter, “Andrews Speedracer” resulting in a late scratch from race 7, December 15, 2018 at Delta Downs.
Name: DALE A LONEY Ruling Date: 12/12/2018
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2018-RM-30 Ruling Type: Reinstatement to Good Standing in State
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING #J2018-037

PENALTY DESCRIPTION - ACTION(S) AGAINST LICENSE: RESTORED TO GOOD STANDING (RES)AS OF 10/5/18

ADDITIONAL INFORMATION - DALE LONEY IS HEREBY REINSTATED BY THE KENTUCKY HORSE RACING COMMISSION DUE TO BEING PLACED ON SUSPENSION IN ERROR.

Name: VICTORIA MARIA BALDIZAN Ruling Date: 3/22/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-097-REST Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 12/4/2018 Suspension End: 3/22/2019
Ruling Text: RE: 19-WRD-019- Restored to Good Standing- OWNER/TRAINER VICTORIA BALDIZAN HAVING SERVED HER SUSPENSION AND PAID HER FINE IN FULL AS STIPULATED IN WRD STEWARDS ORDER #18-WRD-019, IS HEREBY RESTORED TO GOOD STANDING WITH THE OHRC EFFECTIVE 3/21/2019.
Name: VICTORIA MARIA BALDIZAN Ruling Date: 12/7/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-097 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 12/4/2018 Suspension End: 3/22/2019
Ruling Text: OWNER/TR VICTORIA M. BALDIZAN PLED "NO CONTEST" AND WAIVED HER RIGHT TO A HEARING FOR A QUARTER HORSE UNDER HER SUPERVISION, "TICKETOTHEBIGDANCE", THE 2ND PLACE FINISHER IN THE 6TH RACE AT WRD ON 11/9/2018, TESTING POSITIVE FOR THE DRUG,"CLENBUTEROL".IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MS. BALDIZAN SHALL BE FINED $1500.00 AND IS SUSPENDED FOR 90 DAYS, EFFECTIVE 12/4/2018 AND CONTINUING THROUGH 3/3/2019. DURING HER SUSPENSION, MS. BALDIZAN IS DENIED ACCESS TO THE ENCLOSURE OF ALL RACETRACKS AND PUBLIC AREAS UNDER OHRC JURISDICTION. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM 2ND PLACE IN THE 6TH RACE AT WRD ON 11/9/2018.
Name: Dexter j Dunn Ruling Date: 11/30/2018
Jurisdiction: Kentucky Racing Commission Facility: The Red Mile (Lexington Trots)
Ruling Number: 2018-RM-29 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RULING # J2018-031

HORSE: AMADOR (NO 5P1943 - GENDER: H - YOF: 2016 - YANKEE GLIDE - ARMBRO WAIKIKI - GARLAND LOBELL)

PENALTY DESCRIPTION: FINED $100

ADDITIONAL INFORMATION: 811 KAR SEC. 15 (X)(1) FAILURE TO OBEY JUDGES ORDERS BY NOT REPORTING TO THE BREATHALYZER TESTING AREA AT THE PRESCRIBED TIME.

Name: JESSE J COMPTON Ruling Date: 11/18/2018
Jurisdiction: Nebraska Racing Commission Facility: Nebraska State Racing Commission
Ruling Number: 2018-Comm-5 Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Jesse Compton is heeby fined the sum of Three Hundred Dollars ($300.00) for violation of Nebraska Racing Commission Rule 2.001.06 (Conduct detrimental to racing).

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

NEBRASKA State Racing Commission

____________________________________ Dennis P. Lee Commission Chairman

Name: THERONE TRENT ALEXANDER Ruling Date: 10/29/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-087 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/26/2018 Suspension End: 10/26/2018
Ruling Text: A REPORT HAS BEEN RECEIVED THAT THE BLOOD AND URINE SAMPLE FROM THE HORSE, "BAD N BOUJE" THAT PLACED 1ST IN THE 5TH RACE ON 10/7/2018, TESTED POSITIVE FOR THE PROHIBITED SUBSTANCE "ALBUTEROL". THE WRD BOARD OF STEWARDS FINDS THAT THE PUBLIC HEALTH, SAFETY AND WELFARE ARE AT RISK AND REQUIRES EMERGENCY ACTION. THEREFORE, OWNER/TRAINER THERONE ALEXANDER IS HEREBY SUMMARILY SUSPENDED EFFECTIVE 10/26/2018 AND CONTINUING, PENDING A HEARING AND FINAL DETERMINATION. DURING THE TERM OF MR. ALEXANDER'S SUSPENSION, HE IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACETRACKS AND PUBLIC AREAS UNDER OHRC JURISDICTION.
Name: THERONE TRENT ALEXANDER Ruling Date: 10/29/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-087-CC Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/26/2018 Suspension End: 10/26/2018
Ruling Text: RE: 18-WRD-087A - Case Continued. ON 10/29/2018, THE WRD BOARD OF STEWARDS HAVE SET ASIDE THE SUMMARY SUSPENSION AND THE ORDER TO APPEAR FOR SHOW CAUSE HEARING OF MR. THERONE ALEXANDER. ORDER #18-WRD-087, PENDING A HEARING AND FINAL DETERMINATION.
Name: SERGIO P ROMAN Ruling Date: 10/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-97 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/21/2018 Suspension End:
Ruling Text: Owner Sergio P. Roman is hereby suspended, effective immediately October 21, 2018, for failing to pay the fines ($5,100) assessed in Rulings 2018-DDA-44 and 2018-DDA-95.

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

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

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

Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-74 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End: 2/26/2019
Ruling Text: Owner/trainer Taurino Gonzalez-Gutierrez is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($25,000) assessed in Ruling 2017-COMM-4.

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

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

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

Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 3/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-74-TRO Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End: 2/26/2019
Ruling Text: Court order Release 2/26/19
Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 3/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-74-FO Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End: 2/26/2019
Ruling Text: RE: 2018-ZIA-74 - Ruling Final Outcome

In good standing...Court Order

Name: GENE LEE BURDEN Ruling Date: 10/30/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-47-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-ZIA-47 - Appeal Submitted on 10/22/18 at Main Commission Office in Albuquerque.
Name: GENE LEE BURDEN Ruling Date: 10/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-47 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Gene L. Burden was duly notified , failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board Of Stewards on October 14, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (the official testing laboratory for the NMRC), for a confirmed positive for the therapeutic drug, Betamethasone (class 4 penalty category C major drug) found in test sample E282593. The test sample was taken from the second place finisher Im Bigtime Southern” following the 1st race on July 15, 2018, at Ruidoso Downs Racetrack.

The original lab report indicated a finding of Betamethasone at a level of 41.0±2.7 pg/ml in the blood, the allowable limit for Betamethasone is 10 pg/ml in the blood (15.2.6.9 Attachment#2). On September 10, 2018, Betamethasone was confirmed in the blood of the split sample sent to TVMDL.

Debra Smith, the owner of record for horse “Im Bigtime Southern”, was duly notified and failed to appear for this hearing. In accordance with 15.2.1.9(B)(4)(d) this is Debra Smith’s FIRST Class 4C major medication violation in a 365- day period .

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

    1. A ($1,000) one thousand dollar fine to paid on or before November 14, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in prescribed time shall result in an immediate suspension.

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

Name: JOSUE PONCE Ruling Date: 10/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-49 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Josue Ponce was duly notified and , failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on October 14, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4 penalty category C MAJOR drug), found in test sample E282493. The test sample was taken from the SECOND place finisher AMERICAN HUSSLE” following the 2nd race on July 7, 2018, at Ruidoso Downs, NM.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 132±2.2 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Josue Ponce.

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

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

    1. A ($1,000) one thousand dollar fine to paid on or before November 14, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time shall result in an immediate suspension.

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

Name: JOEL MORALES VALERIANO Ruling Date: 10/5/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-19-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-ZIA-19 - Appeal Submitted
Name: CASEY TODD LAMBERT Ruling Date: 10/15/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-17-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-ZIA-17 - Appeal Submitted
Name: JOEL MORALES VALERIANO Ruling Date: 10/15/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-19-ASD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-ZIA-19 - Stay Denied October 15, 2018

Letter was submitted to licensee's attorney, Daniel A. Marquez, advising Mr. Marquez that Trainer Valeriano Jr's request for a stay in the matter of Ruling #2018-ZIA-19 issued by the Zia Park Board of Stewards on September 30, 2018 had been received. Pursuant to Director Trejo's discretionary authority to grant a stay as noted in NMAC 15.2.1.9 (B)(10), he did not find good cause at this time for granting a stay. Therefore, denying Trainer Valeriano Jr's request for a stay.

Name: CASEY TODD LAMBERT Ruling Date: 9/30/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-17 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Casey Lambert was duly notified and responded telephonically before the Board Of Stewards on September 30, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (the official testing laboratory for the NMRC), for a confirmed positive for the therapeutic drug, Betamethasone (class 4 penalty category C major drug) found in test sample E282236. The test sample was taken from the winner DANDY DAN” following the 7th race on June 23, 2018, at Ruidoso Downs Racetrack.

The original lab report indicated a finding of Betamethasone at a level of 22.4±4.1 pg/ml in the blood, the allowable limit for Betamethasone is 10 pg/ml in the blood (15.2.6.9 Attachment#2). On August 23, 2018, Betamethasone was confirmed in the split sample, sent to Trusedail Laboratories Inc., at a level of 23.4±0.1 pg/ml in the blood.

Robert W. Baize, the owner of record for horse “DANDY DAN”, was duly notified and failed to appear for this hearing. In accordance with 15.2.1.9(B)(4)(d) this is Robert W. Baize’s first Class 4C major medication violation in a 365- day period .

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

    1. ($1,000) one thousand dollar fine to paid on or before October 30, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in prescribed time may result in an immediate suspension.
Licensee is found to be in violation of and this ruling is written in accordance with:15.2.3.8(B)(1)(3)(f)(g)(j)Stewards, 15.2.6.9(C)(1)(4)medication restrictions, 15.2.6.11(A)Trainer Responsibility, 16.47.1.8(T)Knowledge of the Rules, 16.47.1.8(U)(1)Protection of Horses, 16.47.1.10(B)(1-3) Absolute Insurer, 15.2.6.9 (B)(4), 15.2.6.9 Attachment #2, 15.2.6.9 (F) Permissible Medications With Acceptable Levels.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: JOEL MORALES VALERIANO Ruling Date: 9/30/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-19 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Joel Valeriano Jr. was duly notified and appeared before the Board Of Stewards on September 30, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (the official testing laboratory for the NMRC), for a confirmed positive for the therapeutic drug, Betamethasone (class 4 penalty category C major drug) found in test sample E282465. The test sample was taken from the winner Lethal Lil” following the 3rd race (Rainbow Futurity Trial) on July 6, 2018, at Ruidoso Downs Racetrack.

The original lab report indicated a finding of Betamethasone at a level of 18.5±2.0 pg/ml in the blood, the allowable limit for Betamethasone is 10 pg/ml in the blood (15.2.6.9 Attachment#2). On August 23, 2018, Betamethasone was confirmed in the split sample, sent to Trusedail Laboratories Inc., at a level of 18.7±0.9 pg/ml in the blood.

La Feliz Montana Ranch (Javier Rodriguez), the owner of record for horse “Lethal Lil”, was duly notified and failed to appear for this hearing. In accordance with 15.2.1.9(B)(4)(d) this is Javier Rodriguez’s first Class 4C major medication violation in a 365- day period .

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

    1. ($1,000) one thousand dollar fine to paid on or before October 30, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in prescribed time may result in an immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards, 15.2.6.9(C)(1)(4)medication restrictions, 15.2.6.11(A)Trainer Responsibility, 16.47.1.8(T)Knowledge of the Rules, 16.47.1.8(U)(1)Protection of Horses, 16.47.1.10(B)(1-3) Absolute Insurer, 15.2.6.9 (B)(4), 15.2.6.9 Attachment #2, 15.2.6.9 (F) Permissible Medications With Acceptable Levels, 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: JOEL MORALES VALERIANO Ruling Date: 9/30/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-21 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 10/10/2018 Suspension End: 10/24/2018
Ruling Text: Owner/Trainer Joel Valeriano was duly notified and appeared before the Board Of Stewards on September 30, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (the official testing laboratory for the NMRC), for a confirmed positive for the therapeutic drug, Betamethasone (class 4 penalty category C major drug) found in test sample E282625. The test sample was taken from the second place finisher Fooze Jr.” following the 6th race on July 20, 2018, at Ruidoso Downs Racetrack.

The original lab report indicated a finding of Betamethasone at a level of 56.6±2.7 pg/ml in the blood, the allowable limit for Betamethasone is 10 pg/ml in the blood (15.2.6.9 Attachment#2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Joel Valeriano.

La Feliz Montana Ranch (Javier Rodriguez), the owner of record for horse “Fooze Jr.”, was duly notified and failed to appear for this hearing. In accordance with 15.2.1.9(B)(4)(d) this is Javier Rodriguez’s SECOND Class 4C major medication violation in a 365- day period .

For Joel Valeriano’s SECOND Class 4C major medication violation in a 365- day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows:

    1. A 15 day suspension starting on October 10, 2018, through October 24, 2018 inclusive
    2. ($1,500) one thousand and five hundred dollar fine to paid on or before October 30, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in prescribed time may result in an immediate suspension.

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

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

Name: RICARDO L NELSON Ruling Date: 9/14/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 83-2018 DEL Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/16/2018 Suspension End: 11/14/2018
Ruling Text: September 14, 2018

Delaware Park Stewards Ruling

(83-2018)

Groom Ricardo Nelson, DOB: 01/15/1959, RCI ID: 132121, having appeared before the Board of Stewards, Mr. Nelson is hereby suspended for sixty (60) days, from Sunday, September 16 through and including Wednesday, November 14, 2018, for misconduct and indecent exposure on the grounds of Delaware Park on Monday, August 25, 2018. During the period of his suspension, Mr. Nelson is denied the privileges of all grounds under the jurisdiction of the Delaware Racing Commission. Refer to D.T.R.C Rules 2.5.1, 2.5.1.8, 3.4.1, 3.4.1.1, 3.4.1.3, and 3.4.1.4.

Name: JOSUE PONCE Ruling Date: 8/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-116 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer, JOSUE PONCE, was duly notified and appeared for a hearing before the Board of Stewards on August 13, 2018. The hearing was in regard to JOSUE PONCE failing to follow scratch procedures and missing lasix, which resulted in the late scratch of entry “AMERICAN HUSSLE”, in the 9th race on July 22, 2018, at Ruidoso Downs.

The Board of Stewards hereby fines , JOSUE PONCE in the amount of five hundred dollars ($500.00). The fine is to paid on or before September 13, 2018, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.5.9 (B)(2) The scratch of a horse after closing shall be made by the Owner, Trainer, or their licensed designee, with permission of the Stewards 15.2.5.9 (B)(4) No horse may be scratched from an overnight race without the approval of the Stewards. 16.47.1.10 (B)(17) The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing; horses entered as to eligibility and weight or other allowances claimed.

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

Name: JESUS MARIA SOTO Ruling Date: 8/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-61 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 8/11/2018 Suspension End: 9/10/2018
Ruling Text: Owner and Trainer: Jesus M. Soto., having been duly notified, and appeared telephonically before the Board of Stewards, waived his right to a hearing, on August 8, 2018, regarding a confirmed positive test for the Class III drug “Clenbuterol”, in sample E276260, after it was collected from the horse “Kissin Coronas” which finished 2nd in the 1st race, July 1, 2018, at the Downs at Albuquerque Race Track; Jesus M. Soto waived his rights to a hearing. (The original lab report indicated a finding of Clenbuterol in the urine. Split sample rights, as provided in 15.2.6.10(D) NMAC were offered and refused.

Licensee is found in violation of : 15.2.6.9(C)(1) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. 15.2.6.9(C)(3) NMAC: There is no permissible concentration of clenbuterol that is allowed to appear in any official sample.

For this a First - Class 3B medication violation the Board of Stewards assessed to Jesus M. Soto a penalty as follows.

      1. A 30 day suspension of all NMRC licenses starting August 11, 2018, through September 9, 2018, inclusive.
      2. Seven hundred and fifty ($750.00) dollar fine to paid on or before September 7, 2018, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time will result in 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 “Kissin Coronas” is placed on the Stewards list for a minimum period of 60 days (beginning July 17 , 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until it passes a commission approved veterinary examination with a negative blood and urine test.
      4. The horse “Kissin Coronas” is hereby disqualified from Second Place and ordered unplaced from the 1st race on July 1, 2018 at the Downs at Albuquerque Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                  1. My Hearts Princess
                  2. Afirstvalianthero
                  3. Chicka Chicka
                  4. Lion Speed
                  5. Venetian Paradise
                  6. Essohess
                  7. Jess Dungarees
Unplaced “Kissin CoronasThis 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." 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.” 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: LAWRENCE DEAN DONLIN Ruling Date: 7/5/2018
Jurisdiction: Nebraska Racing Commission Facility: Nebraska State Racing Commission
Ruling Number: 2018-Comm-2 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 150 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Owner/Trainer Larry Donlin, Jr having been notified of Nebraska Racing Commission Rule 9.001.29 violation telephonically and waiving his right to a Stewards hearing, is hereby fined the sum of One Hundred Fifty Dollars ($150.00) for a Phenylbutazone ovrage at a level of 5.3 mg. in his horse GO GOLD" who ran 2nd in the first race on Saturday, June 9th at Horsemen's Park - Omaha, Nebraska.

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

NEBRASKA RACING COMMISSION

ROBERT POLLOCK, STATE STEWARD

Name: MARISSA BETH BLACK Ruling Date: 7/5/2018
Jurisdiction: Nebraska Racing Commission Facility: Nebraska State Racing Commission
Ruling Number: 2018-Comm-3 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Owner/Trainer Marissa Black having received notice of Stewards hearing telephonically for violation of Nebraska Racing Commission rules 18.011 (Trainer is the absolute insurer of the condition of horses trained and entered in a race and is responsible for the presence of any drug or medications in such horses), and 14.002.03 (the presence of more than one of the three approved NSAIDS is not permitted), has waived her right to a formal Steward hearing.

Truesdail Laboratories Inc. reported that the blood sample #70646 from the horse "JUDGE ON THE RUN" who finished 1st in the second race (2) Saturday, June 9, 2018 at Horsemen's Park - Omaha, Nebraska, contained the drugs "FLUNIXIN" at a level of 3 ng/ml, also contained "PHENYLBUTAZONE" at a level of 2.0 micrograms/ml.

Owner/Trainer Marissa Black is hereby fined the sum of Three Hundred Dollars ($300.00).

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

NEBRASKA RACING COMMISSION

ROBERT POLLOCK, STATE STEWARD

Name: MARISSA BETH BLACK Ruling Date: 7/5/2018
Jurisdiction: Nebraska Racing Commission Facility: Nebraska State Racing Commission
Ruling Number: 2018-Comm-4 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Owner/Trainer Marissa Black having received notice of Stewards hearing telephonically for violation of Nebraska Racing Commission rules 18.011 (Trainer is the absolute insurer of the condition of horses trained and entered in a race and is responsible for the presence of any drug or medications in such horses), and 14.002.03 (the presence of more than one of the three approved NSAIDS is not permitted), has waived her right to a formal Steward hearing.

Truesdail Laboratories Inc. reported that the blood sample #70647 from the horse "COWGIRL JUDGE" who finished 2nd in the second race (2) Saturday, June 9, 2018 at Horsemen's Park - Omaha, Nebraska, contained the drugs "FLUNIXIN" at a level of 3 ng/ml, also contained "PHENYLBUTAZONE" at a level of 1.7 ng/ml.

Owner/Trainer Marissa Black is hereby fined the sum of Three Hundred Dollars ($300.00).

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

NEBRASKA RACING COMMISSION

ROBERT POLLOCK, STATE STEWARD

Name: LUIS HUMBERTO RODRIGUEZ Ruling Date: 6/24/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-35 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/6/2018 Suspension End: 7/21/2018
Ruling Text: Jockey Luis H. Rodriguez was duly notified and appeared before the Board of Stewards on June 24, 2018, for failing to persevere with his mount “ATTILAS GAL” in the 10th race on June 23, 2018.

The Board of Stewards hereby suspends Luis H. Rodriguez for a period of 15 calendar days (July 6, 2018, through July 20, 2018). Luis H. Rodriguez is NOT allowed to ride designated races.

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

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

Name: MARK N HIBDON Ruling Date: 6/1/2018
Jurisdiction: Nebraska Racing Commission Facility: Horsemen's Park
Ruling Number: 2018-HP-1 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Mark Hibdon having been properly notified and waived his right to a formal stewards hearing for violation of Nebraska State Racing Commission Rule 9.00.13 (no horse shall be allowed to start unless Registration papers are on file with the Racing Secretary. The Horse "RARE ROSE ROYCE" was scratched from the third (3) race on Sunday, May 27, 2018 at Horsemen's Park.

Owner/Trainer Mark Hibdon is hereby fined the sum of One Hundred Dollars ($100.00)

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

Name: MEREL EVERETTE MOORE Ruling Date: 5/7/2018
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2018-FON-13 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Merel Moore having received a written notice of hearing and waived his right to a formal hearing for violation of Nebraska State Racing Commission Rules 18.011 (Trainer is absolute insurer of the condition of horses trained and entered In a race and is responsible for the presence of any drug or medication in such horses). 14.002.03 (the presence of more than one of the three approved NSAIDS is not permitted).

Truesdail Laboratories, Inc, reported that the blood sample #70390 from the horse "SECRET IN THE CITY" who finished 1st in the 4th race on Friday, April 20, 2018 at Fonner Park, Grand Island, Nebraska contained the drugs "FLUNIXIN" at a level of 0.9 + 0.1 nanograms/ml. Also contained PHENYLBUTAZONE" at a level of 0.7 micograms/ml.

Owner/Trainer Merel Moore is hereby fined the sum of Three Hundred Dollars ($300.00). This is his first offense.

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

Name: STEPHANIE LYNN BELTRAN Ruling Date: 5/5/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-28 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2250 Fine Paid: Y
Suspension Start: 5/5/2018 Suspension End: 8/3/2018
Ruling Text: Trainer: Stephanie L. Beltran, having been duly notified and appeared before the Board of Stewards, to waive her rights to a formal hearing, on May 4, 2018, regarding a lab report from UC/Davis (the official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class III drug “Clenbuterol”, and the Class III drug “16-hydrox-Stanozilol” in horse “Eyes On Eagle(test sample #NC32839) during Out Of Competition Testing on March 10, 2018 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 Stephanie L. Beltran.

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.

Manuel A. Garibay, the owner of record for horse “Eyes On Eagle”, was duly notified and appeared telephonically for this hearing.

This is Stephanie L. Beltran's 1st and 2nd Class III-B medication violation in 365 days. The Board of Stewards assess Stephanie L. Beltran a penalty as follows: 1. A 90 day suspension of all NMRC licenses starting May 5, 2018, through August 2, 2018 inclusive. 2. ($2,250.00), two thousand two hundred fifty dollar fine to paid on or before June 5, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension . 3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d), the horse “Eyes On Eagle” was placed on the Stewards list for a minimum period of 60 days (beginning March 27, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

During said time of applicable suspension, Stephanie L. Beltran 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 Stephanie L. Beltran 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)(B) 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: GERARDO OCHOA Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-248 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: Y
Suspension Start: 4/23/2018 Suspension End: 10/20/2018
Ruling Text: Trainer Gerardo Ochoa was duly notified and represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 13, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Taleas Pride” (Test Sample #: NM29819), who finished 2nd place in the 8th race on January 5, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

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

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

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

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

Name: EUSEBIO V SANCHEZ Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-249 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Eusebio V. Sanchez was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on April 13, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Taleas Pride” (Test Sample #: NM29819), who finished 2nd place in the 8th race on January 5, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018. Gerardo Ochoa, the trainer of record for horse “Taleas Pride”, was duly notified and represented by attorney Daniel Marquez for this hearing. This is Gerardo Ochoa’s THIRD Class 3B medication violation in a lifetime. For Eusebio V. Sanchez’s FOURTH 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 ($5,000.00) five thousand dollar fine to paid on or before May 13, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    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 “Taleas Pride” is placed on the Stewards list for a period of 60 days (beginning January 20, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “Taleas Pride” is hereby disqualified from SECOND PLACE and ordered unplaced from the 8th race on January 5, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

1.Jess Bordeaux 2.Tyger Power 3.Cartels Star Daddy 4.Fast N Furious Jr. 5.Hot Authorization 6.Chill It 7.Heza Wild Dragon 8.Rjs Special Version 9.Call Me a Blazn Chic

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

By Order of The Sunland Park Stewards

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

Name: LORENZO VEGA Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-234 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/18/2018 Suspension End: 5/18/2018
Ruling Text: Trainer Lorenzo Vega was duly notified represented by attorney Daniel Marquez before the Board of Stewards on April 7, 2018, for a hearing that was continued from February 13, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Tf Im That Guy” (Test Sample #: NM29778), who finished 1st place in the 11th race on December 31, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

Victor Diaz, the owner of record for horse “Tf Im That Guy”, was duly notified and represented by attorney Daniel Marquez for this hearing. This is Victor Diaz’s SECOND Class 3B medication violation in a lifetime.

Finding of Facts:

    • Lorenzo Vega was the Absolute Insurer and trainer of record at the time of the violation.
    • Tf Im That Guy” did participate in and won the 11th race on December 31, 2017, at Sunland Park Racetrack, with the prohibited drug “clenbuterol” in his system.
    • Lorenzo Vega was afforded his due process by sending his split sample to Industrial Laboratories, where clenbuterol was confirmed in the sample.
    • Clebuterol is zero tolerance.
    • Approximately 20 horses were sent to the test barn on December 31, 2017, at Sunland Park Racetrack.Tf Im That Guy” was the only horse that tested positive for Clenbuterol or any other drug.

For Lorenzo Vega’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 April 18, 2018, through May 17, 2018 inclusive.
    2. A ($750.00) seven hundred and fifty dollar fine to paid on or before May 8, 2018, 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 Lorenzo Vega is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Lorenzo Vega are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by, owned by, or in the care and custody of Lorenzo Vega must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)(1)(2)(3) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling.

Name: GASTON FLORAS VALENZUELA Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-238 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/18/2018 Suspension End: 5/18/2018
Ruling Text: Trainer Gaston Valenzuela was duly notified represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 8, 2018 . The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Expect A Storm” (Test Sample #: NM28574), who finished 1st place in the 8th race on January 13, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

Noe Amaya, the owner of record for horse “Expect A Storm”, was duly notified and represented by attorney Daniel Marquez for this hearing. This is Noe Amaya’s FIRST Class 3B medication violation in a lifetime.

Finding of Facts:

    • Gaston Valenzuela was the Absolute Insurer and trainer of record at the time of the violation.
    • Expect A Storm” did participate in and won the 8th race on January 13, 2018, at Sunland Park Racetrack, with the prohibited drug “clenbuterol” in his system.
    • Clebuterol is zero tolerance.
    • Gaston Valenzuela was afforded his due process by sending his split sample to Industrial Laboratories, where clenbuterol was confirmed in the sample.
    • Approximately 14 horses were sent to the test barn on January 13, 2018, at Sunland Park Racetrack.Expect A Storm” was the only horse that tested positive for Clenbuterol or any other drug.

For Gaston Valenzuela’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 April 18, 2018, through May 17, 2018 inclusive.
    2. A ($750.00) seven hundred and fifty dollar fine to paid on or before May 8, 2018, 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 Gaston Valenzuela is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Gaston Valenzuela are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by, owned by, or in the care and custody of Gaston Valenzuela must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)(1)(2)(3) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling.

Name: NOE AMAYA Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-239 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 Noe Amaya was duly notified represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 8, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Expect A Storm” (Test Sample #: NM28574), who finished 1st place in the 8th race on January 13, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

Gaston Valenzuela, the trainer of record for horse “Expect A Storm”, was duly notified and represented by attorney Daniel Marquez for this hearing. This is Gaston Valenzuela’s FIRST Class 3B medication violation in a lifetime.

For Noe Amaya’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 “Expect A Storm” is placed on the Stewards list for a period of 60 days (beginning January 24, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Expect A Storm” is hereby disqualified from FIRST PLACE and ordered unplaced from the 8th race on January 13, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Long Stormy Trip
                2. Whatakiss
                3. E Bar Gold
                4. Red Zenon
                5. Liberty Lover
                6. The Waki Rapper
                7. Golly Gee
Unplaced “Expect A Storm

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

Name: GASTON FLORAS VALENZUELA Ruling Date: 10/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-238-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/18/2018 Suspension End: 5/18/2018
Ruling Text: RE: 2018-SUN-238 - Appeal Submitted
Name: NOE AMAYA Ruling Date: 10/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-239-ASUB 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: 2018-SUN-239 - Appeal Submitted
Name: GASTON FLORAS VALENZUELA Ruling Date: 3/21/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-238-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/18/2018 Suspension End: 5/18/2018
Ruling Text: RE: 2018-SUN-239 - Penalty Affirmed

STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF:

OWNER NOE AMAYA ID # 33053 RULING #2018-SUN239 FOR POSITIVE SAMPLE #NM28574 AND HORSE: "EXPECT A STORM" 2018-SUN-239

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) at its regularly scheduled meeting on February 21, 2019, on review of the Hearing Officer’s Report, Proposed Findings of Fact and Conclusions of Law, Recommended Penalties in the above-captioned matter. A hearing on the merits was held on December 20, 2018, before Hearing Officer Kevin L. Fitzwater, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was transcribed by Destenie Visarraga of Williams Associates Court Reporting Services. The administrative prosecutor for the New Mexico Racing Commission was Mark F. Swanson, Esq. The Respondents were represented by Daniel A. Marquez, Esq. Pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act, the Commission hereby: (1) Adopts the Hearing Officer’s Proposed Findings of Facts, as if stated in its entirety herein; (2) Adopts the Hearing Officer’s Proposed Conclusions of Law, as if stated in its entirety herein; and (3) Adopts the Hearing Officer’s Recommended Penalties.

ORDER

IT IS THEREFORE ORDERED that Respondent Owner Amaya. I. The horse “Expect A Storm” must pass a Commission-approved exam before being eligible to be entered; II. The loss of purse for the 8th race on January 13, 2018, at Sunland Park Racetrack; and III. The horse “Expect A Storm” be disqualified from the 8th race on January 13, 2018. This Decision and Order shall be served upon Respondent in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.

IT IS SO ORDERED.

Date: ____3/22/2019________ Chairman Willis:_____________SIGNED_________

Name: NOE AMAYA Ruling Date: 3/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-239-AFF 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: 2018-SUN-239 - Penalty Affirmed

STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF:

OWNER NOE AMAYA ID # 33053 RULING #2018-SUN239 FOR POSITIVE SAMPLE #NM28574 AND HORSE: "EXPECT A STORM" 2018-SUN-239

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) at its regularly scheduled meeting on February 21, 2019, on review of the Hearing Officer’s Report, Proposed Findings of Fact and Conclusions of Law, Recommended Penalties in the above-captioned matter. A hearing on the merits was held on December 20, 2018, before Hearing Officer Kevin L. Fitzwater, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was transcribed by Destenie Visarraga of Williams Associates Court Reporting Services. The administrative prosecutor for the New Mexico Racing Commission was Mark F. Swanson, Esq. The Respondents were represented by Daniel A. Marquez, Esq. Pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act, the Commission hereby: (1) Adopts the Hearing Officer’s Proposed Findings of Facts, as if stated in its entirety herein; (2) Adopts the Hearing Officer’s Proposed Conclusions of Law, as if stated in its entirety herein; and (3) Adopts the Hearing Officer’s Recommended Penalties.

ORDER

IT IS THEREFORE ORDERED that Respondent Owner Amaya. I. The horse “Expect A Storm” must pass a Commission-approved exam before being eligible to be entered; II. The loss of purse for the 8th race on January 13, 2018, at Sunland Park Racetrack; and III. The horse “Expect A Storm” be disqualified from the 8th race on January 13, 2018. This Decision and Order shall be served upon Respondent in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.

IT IS SO ORDERED.

Date: ____3/22/2019________ Chairman Willis:_____________SIGNED_________

Name: JUAN ERNESTO POBLANO Ruling Date: 10/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-212-RO 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: 2018-SUN-212 - Ruling Overturned

Pursuant to the Decision and Order #2018-SUN-211-FO the action taken against Owner Juan Poblano in regards to the horse "First Fancy Tac" in Ruling 2018-SUN-212 was dismissed with prejudice.

Please contact the NMRC if you would like a copy of the Decision and Order dated October 9, 2018.

By Order of the New Mexico Racing Commission

Name: JUAN ERNESTO POBLANO Ruling Date: 4/18/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-212-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: 2018-SUN-212 - Modified Ruling to correct Fine omited .

Owner Juan Poblano was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on April 1, 2018, for a hearing that was continued from January 21, 2018. The hearing was in regard to an certificate of analysis from UC/Davis (official testing laboratory for the NMRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “First Fancy Tac” (test sample #NC26354) during Out Of Competition Testing on February 6, 2017, at Sunland Park Racetrack in Sunland Park NM . Clebuterol was confirmed in the Split Sample sent to Industrial Laboratories on May 4, 2017. Trainer Raul Vega, the trainer of record for horse “First Fancy Tac”, was duly notified and represented by attorney Daniel Marquez for this hearing.

In accordance with 15.2.6.9 (B)(2) Penalty Recommendations,This is Raul Vega’s FOURTH Class 3B medication violation in a lifetime.

For owner Juan Poblano’s FIFTH Class 3B medication violation in a lifetime, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards issue a penalty as follows. 1.. A ($5,000.00) five thousand dollar fine for the 5th Class B violation, to paid on or before May 18, 2018, 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 “First Fancy Tac” 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.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(3)(7)(c)(8) Medication Restrictions/ 15.2.6.9(J)(2)(d)(3) Out of Competition Testing/ 16.47.1.8(L)(i)(T)Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license/ 15.2.6.9 (B)(2) Penalty Recommendations

Name: JUAN ERNESTO POBLANO Ruling Date: 4/1/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-212 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 Poblano was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on April 1, 2018, for a hearing that was continued from January 21, 2018. The hearing was in regard to an certificate of analysis from UC/Davis (official testing laboratory for the NMRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “First Fancy Tac(test sample #NC26354) during Out Of Competition Testing on February 6, 2017, at Sunland Park Racetrack in Sunland Park NM . Clebuterol was confirmed in the Split Sample sent to Industrial Laboratories on May 4, 2017.

Trainer Raul Vega, the trainer of record for horse “First Fancy Tac”, was duly notified and represented by attorney Daniel Marquez for this hearing. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, This is Raul Vega’s FOURTH Class 3B medication violation in a lifetime. For Juan Poblano’s FIFTH Class 3B medication violation in a lifetime, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards issue 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 “First Fancy Tac” 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.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(3)(7)(c)(8) Medication Restrictions/ 15.2.6.9(J)(2)(d)(3) Out of Competition Testing/ 16.47.1.8(L)(i)(T)Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license/ 15.2.6.9 (B)(2) Penalty Recommendations

Name: EFREN LOZA Ruling Date: 3/28/2018
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 22675 Ruling Type: Failure to Pay Fine or Fees
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/28/2018 Suspension End: 6/8/2018
Ruling Text: Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending payment of $325, in fines and fees, to the LSRC regarding rulings 22601 and 22637
Name: EFREN LOZA Ruling Date: 6/13/2018
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 22675-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/28/2018 Suspension End: 6/8/2018
Ruling Text:
RE: 22675 - Restored to Good Standing on 6/8/2018: Paid fine and fees
Name: MARTIN M ORONA Ruling Date: 3/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-161 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3500 Fine Paid: Y
Suspension Start: 7/1/2018 Suspension End: 11/30/2018
Ruling Text: Owner/Trainer Martin Orona Jr. was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on March 10, 2018, for a hearing that was continued at the request of Daniel Marquez from January 14, 2018, to January 28, 2018, and then continued again to March 10, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the class 3 penalty B drug “clenbuterol” detected in the urine of horse “Watch For Corona”(Test Sample #: NM13234), who finished third place in the 3rd race on June 13, 2015, at the Downs of Albuquerque Racetrack in Albuquerque, NM. Clenbuterol was confirmed in the urine of the split sample sent to Industrial Laboratories on August 4, 2015.

Victor Diaz, the owner of horse “Watch For Corona”, was duly notified and failed to appear for this hearing. This is Victor Diaz’s THIRD Class 3B medication in a 365-day period, in accordance with 15.2.6.9 (B)(2) Penalty Recommendations.

For Trainer Martin Orona Jr.’s THIRD Class 3B medication in a 365-day period, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 365 day suspension of all NMRC licenses running consecutively from ruling 2018-SUN-73, July 1, 2018, through June 30, 2019, inclusive.
    2. A ($5,000) five thousand dollar fine to paid on or before April 13, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(A)(3)Medications and Prohibited Substances/ 15.2.6.9(C) Medications and Prohibited Substances/15.2.6.9(D)(1-3) Medications and Prohibited Substances/ 16.47.1.10(B)(1-3)Absolute Insurer/16.47.1.8(T)Knowledge of the 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: MARTIN M ORONA Ruling Date: 2/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-161-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3500 Fine Paid: Y
Suspension Start: 7/1/2018 Suspension End: 11/30/2018
Ruling Text: RE: 2018-SUN-161 - Penalty Affirmed;

BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO 2018-SUN-161-AFF

IN THE MATTER OF TRAINER MARTIN M. ORONA, JR. ID#32292 FOR POSITIVE SAMPLE #NM13234 AND FOR THE RULING NUMBER 2018-SUN-161 HORSE: “WATCH FOR CORONA” DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) on November 15, 2018 and January 17, 2019 on review of the Hearing Officer’s Report in the above-captioned matter pursuant to provisions of NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act. An evidentiary hearing was held on August 2, 2018 before Hearing Officer Monica Ontiveros, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was recorded by NMRC Staff, Tina M. Arce, and the recording is in the custody of the New Mexico Racing Commission. The administrative prosecutor for the New Mexico Racing Commission was Ismael Camacho Lopez, Esq. At the time of the hearing, the Respondent was represented by Daniel Marquez, Esq., however the Respondent did not appear. Owner, Victor Diaz did not request a hearing in this matter, and did not appear at the hearing. On November 12, 2018, Respondent’s attorney submitted a proposed settlement agreement, however, the Commission rejected said agreement at their regular meeting on January 17, 2019. Instead, a quorum of the Commission, having familiarized itself with the recording of the August 2, 2018 hearing, the Hearing Officer’s Report, and the exhibits admitted into evidence, adopted Hearing Officer Ontiveros’ Findings of Fact and Conclusions of Law as follows: FINDINGS OF FACT JURISDICTION 1. A Notice of Contemplated Disciplinary Action (Notice of August 2, 2018 Hearing in Albuquerque, N.M. and Contemplated Disciplinary Action) listed the allegations and the violations found in NMSA 1978, Section 60-lA-1 l (E) (2013) and regulations 15.2.6.9 and 16.47.1.10 NMAC. The Notice was filed on May 21, 2018 and served on Respondent's attorney, Mr. Marquez, by the Commission on May 21, 2018. [Administrative File]. (It should be noted that the Respondent listed on page 1 of the Notice of August 2, 2018 Hearing in Albuquerque, N.M. and Contemplated Disciplinary Action is incorrect and is a typographical error. The caption of the Notice clearly identifies Martin M. Orona, Jr. as the trainer and Mr. Orona is listed as the client of Mr. Marquez on the service page of the Notice.) 2. Pursuant to 15.2.1.9(C)(2)(b), the Commission provided Respondent with notice of the hearing by mailing the Notice to Mr. Marquez, and he accepted the Notice. See also Mills v. N.M State Bd. of Psychologist Exam 'rs, 1997-NMSC-028, ~~ 13-15, 123 N.M. 421, 941 P.2d 502. 3. The Notice of August 2, 2018 Hearing in Albuquerque, N.M. and Contemplated Disciplinary Action set out the date and time of the hearing and was served by regular mail to Respondent's attorney, Daniel Marquez, by Tina M. Arce, paralegal for the Commission, to Mr. Marquez' address pursuant to 15.2.1.9(C)(2)(b) NMAC. [Administrative File]. 4. Respondent filed an appeal to Ruling #2018-SUN-161 issued by the Board of Stewards at Sunland Park, New Mexico on March 22, 2018. [Ex. 3]. The Board of Stewards suspended Respondent from racing from July 1, 2018 through June 30, 2019. [Administrative File.] The record of the Stewards' proceeding is part of this record as required by 15.2.l(B)(9)(e). TRAINER Orona 5. Respondent has been a licensed trainer in the state of New Mexico since at least February 18, 2014, license number 5-60-83852. [Ex. 27]. 6. Ms. Ryan testified that after reviewing Respondent's history, Respondent has had two offenses in the past 365 days, prior to the alleged offense in the Notice. [MP3, Track 12, 30: 17-33:25; Ex. 13]. The screen shots of the rulings, or Exhibit 13, do not indicate which rulings were Category B violations. [MP3, Track 12, 30:45-31:00]. Ms. Ryan testified that an investigation of each ruling must be made to determine the number or prior offenses, which is how she determined Respondent had two prior offenses. [MP3, Track 12, 30:45-31:00]. SAMPLE #NM13234, "Watch for Corona" 7. At all times material to these findings, "Watch for Corona" was owned by Victor Diaz ("Diaz"). [Ex. IO]. Diaz did not appeal Ruling #2018-SUN-161 nor did he request a hearing in this matter. [MP3, Track 7]. 8. On June 13, 2015, "Watch for Corona" participated in the 3rd Race – Quarter Horse Race at the Downs at the Albuquerque Racetrack in Albuquerque, New Mexico. [Ex. 10] . 9. "Watch for Corona" placed 3rd in the race on June 13, 2015. [Ex. 8]. 10. At all times material to these findings, Dr. England worked as the official veterinarian at the Downs at the Albuquerque Racetrack in Albuquerque, New Mexico. [MP3, Track 8, 1:15-1:53]. 11. On June 13, 2015, Dr. England supervised and directed the drug testing of "Watch for Corona" by Daniel Mueller, Dr. England's assistant, in the test barn at the Downs at the Albuquerque Racetrack. [MP3, Track 8, 1:52-2:03; Track 4, 20:27-20:56; Track 4, 29:07-29: 11]. Mr. Mueller has been an assistant to the veterinarian at the Downs at the Albuquerque Racetrack for around 13 years. [MP3, Track 4, 18:41-19:19]. 12. Dr. England testified that the procedure for drug testing a horse is that once a horse is identified for drug testing, it is escorted into the test barn. [MP3, Track 8, 6:23-6:38]. 13. Mr. Mueller testified that one of his duties is to make sure that the correct horse is escorted to the test barn. [MP3, Track 4, 21:25-21:37]. His other duties include making sure that the test area is a clean environment and he verifies the identity of the trainer . [MP3, Track 4, 21:27-21:52]. 14. Dr. England testified that once the horse enters the test barn, the horse is then cooled down and observed or watched. [MP3, Track 8, 6:53-6:58]. A trainer or groom is the only other person allowed to be present in the stall and the trainer or groom cannot leave the test barn area until the urine or blood sample is taken. [MP3, Track 8, 6:58-7:11]. When the sample of the urine or blood is ready to be taken, the trainer or groom enters the stall where the horse is located, along with Dr. England's assistant who collects the sample. [MP3, Track 8, 7:14-7:31]. 15. Once the urine sample is taken, the sample is then brought to the laboratory which is on location and the sample is split into two separate containers which are then sealed and stored in a freezer (urine). [MP3, Track 8, 7:14-7:32; Track 8, 11:29-11:38]. The trainer or groom is with Dr. England's assistant when the split of the sample is made. [MP3, Track 8, 7:14-7:23]. 16. Dr. England testified that the trainer or groom observes the sample being placed in a container and then sealed. The trainer or groom acknowledges on the seal and on the Acknowledgment of Test Sample that he or she observed the sample being taken. [MP3, Track 8, 8:10-8:30]. 17. Dr. England also testified that he makes sure that the labels are properly placed on the containers. [MP3, Track 8, 8:24-8:45]. 18. At night, Dr. England and his assistant go through the samples to make sure the samples correspond to the Test Sample Shipping Invoice. [MP3, Track 8, 11:42-11:57; Ex. 22]. 19. All the samples are locked in the freezer. [MP3, Track 8, 11:57-12:02]. 20. The laboratory is locked and the test barn has a chain link fence around the test barn and is secured and locked. [MP3, Track 8, 12:01-12:07]. 21. Dr. England testified that the procedure outlined in the above findings was used to collect the urine sample for "Watch for Corona," sample #NM13234. [MP3, Track 8, 7:31-7:55]. 22. Mr. Mueller signed the Acknowledgement of Test Sample for sample #NM13234 and recognizes Dr. England's signature on the form. [MP3, Track 4, 22:35-23:22; Ex. 8]. 23. Mr. Mueller verified that "Watch for Corona" was the horse being tested, verified the tattoo on "Watch for Corona," verified the trainer's license number and verified that the trainer signed the acknowledgment form. [MP3, Track 4, 26:54-27:35; Track 4, 28:15-28:30; Ex. 8]. 24. Mr. Mueller testified that when he collected the urine sample from "Watch for Corona" he used medical gloves, which were new, and then discarded the gloves after use. [MP3, Track 4, 29:06-29:25; Track 4, 37:29-37:50]. Mr. Mueller collected the urine sample with a clean dry sample cup. The trainer, Respondent, verified that the sample cup was clean and dry. [MP3, Track 4, 29:31-29:53]. 25. After the sample of urine was taken, Mr. Mueller and Respondent, then exited the stall and went to a counter inside the laboratory, where the urine sample was split and sealed in a container. [MP3, Track 4, 30:09-30:34]. Respondent witnessed the splitting of the sample and the sealing of the sample in a container. [MP3, Track 4, 30:25-31:38]. 26. After the sample was sealed, a label was placed on the container and Respondent initialed the seal on the container verifying that the sample was sealed. [MP3, Track 4, 32:00-32:34]. 27. The sample for "Watch for Corona" had the number of #NM13234 for identification purposes, which was on the label and the seal. [Ex. 8, page 2]. 28. On June 13, 2015, "Watch for Corona" completed his race at 2:27 p.m. post time, and arrived at the test barn at 2:39 p.m. The sample was obtained at 3:10 p.m. [MP3, Track 4, 39:10-39:30; Ex. 8]. 29. Sample #NM13234 was mailed via Fed Express in a cooler to the University of California, Davis Equine Analytical Chemistry Laboratory on June 15, 2015. [Ex. 1, page 5; MP3, Track 9, 25:51-26:25]. 30. The Lab is certified and approved by the Commission. [MP3, Track 9, 34:00-34:14]. 31. Sample #NM13234 was delivered to the Lab on June 16, 2015, by Federal Express. [Ex. 1, page 6; MP3, Track 9, 31:30-31:42]. 32. The Test Sample Shipping Invoice indicates that sample #NM13234 was received by the Lab on June 16, 2015. [Ex. 1, pages 7-8; MP3, Track 9, 26:52-27:40]. 33. The Lab received sample #NM13234 in a cooler with the seal on the lid of the container of the sample intact. [Ex. 1, page 13]. 34. Dr. Stanley from the Lab supervised and was responsible for the screening of sample #NM13234. [MP3, Track 9, 17:59-18:08]. 35. The Lab screened sample #NM13234 by the standard methodologies and operating procedures and in addition, the Lab confirmed the result with a second confirmatory analysis. [Ex. l , pages 52-67; pages 68-88 and page 87; MP3, Track 9, 32:22-33:19]. 36. The Lab used liquid chromatography/mass spectrometry to analyze the urine sample. [MP3, Track 9, 33:20-35:04]. 37. There were no known substances found to interfere with the determination of finding clenbuterol in sample #NM13234 by the Lab's procedure. [Ex. 1, page 87]. 38. On June 24, 2015, sample #NM13234 was analyzed by the Lab to have 391 pg/ml clenbuterol above the authorized therapeutic medication limit of 140 picograms per milliliter. [Ex. 1, page 90; MP3, Track 9, 23:23-24:20]. (NMAC 15.2.6 incorporates Attachment #2, ARCI Controlled Therapeutic Medication Schedule for Horses-Version 2.2, Revised April 2015 which sets out the threshold level of clenbuterol as 140 picograms per milliliter of urine on page 2.) 39. Clenbuterol is a Class 3B drug with a threshold amount not to exceed 140 picograms per milliliter. [MP3, Track 9, 23:23-24:20] 40. Dr. Stanley reviewed the report and certified the analysis of the report. [Ex. 1, page 90]. CONCLUSIONS OF LAW 1. This matter came properly before the Commission as an appeal of Ruling #2018- SUN-161 and as a proposed disciplinary matter by the Commission pursuant to NMSA 1978, Sections 60-1A-4(A)(8) (2007) and 60-1A-5(C) (2007). 2. The Commission properly noticed the hearing and jurisdiction lies over the parties and the subject matter of this hearing. 3. The Commission provided notice of the hearing to Respondent's attorney, Daniel Marquez, pursuant to 15.2.1.9(C)(2)(b) NMAC. 4. The Commission rules are intended "to protect the integrity of horse racing, to ensure the health and welfare of race horses and to safeguard the interests of the public and the participants in racing." 15.2.6.6 NMAC. 5. The "uniform classification guidelines for foreign substances and recommended penalties and model rule," April 2015, version 9.0 and "arci [Association of Racing Commissioners, Inc.] controlled therapeutic medication schedule for horses," version 2.2 revised, are incorporated by reference in rule 15.2.6.9. 15.2.6.9 NMAC (9/16/15). 6. A positive test for a drug, medication or substance that exceeds the minimum threshold, including permitted medication in excess of the maximum allowable level, as reported by a Commission approved laboratory, absent substantial evidence to the contrary, is prima facie evidence of a violation. 15.2.6.11 (A) NMAC. 7. The minimum threshold amount of clenbuterol may not exceed 140 picograms per milliliter of urine. 15.2.6 NMAC (attachment #2). Clenbuterol is a Class 3B therapeutic medication. 15.2.6 NMAC (attachment #1, page 3). 8. The level of clenbuterol detected in "Watch for Corona" was 391 picograms per milliliter of urine as analyzed by a laboratory approved by the Commission and is prima facie evidence of a violation. 9. There was no evidence presented by Respondent rebutting the prima facie evidence. 10. Respondent is the trainer of "Watch for Corona." 11. The trainer of record is the "absolute insurer" of the condition of the horse entered in an official race and is responsible for the presence of any drug, medication or other substance above the threshold level. 15.2.6.11 (A) and (B) and 16.47.1.10(B) NMAC. 12. Test results are admissible upon the Prosecution establishing the identity of a sample with reasonable certainty. Claridge v. New Mexico State Racing Comm 'n, 1988-NMCA-056, l 07 N.M. 632, 763 P.2d 66. Respondent argued that the chain of custody had not been established by the Prosecution. The Hearing Officer ruled that sufficient evidence had been introduced to establish the chain of custody and the identity of the sample with reasonable certainty. 13. The penalty for a trainer's third violation of a Class 3B medication in a 365-day period is a minimum of a 60-day suspension, absent mitigating circumstances or the presence of aggravating factors to a maximum of a one year suspension, with a minimum fine of $2,500 fine absent mitigating circumstances or the presence of aggravating factors to a maximum of $5,000 fine or five percent of price (greater of the two). 15.2.6.9(C)(2) NMAC. 14. No mitigating factors were presented by Respondent. 15. Victor Diaz, the Owner of "Watch for Corona" did not appeal the Stewards' Ruling and did not appeal the proposed disciplinary action and therefore this Report does not address his penalties or fines. ORDER IT IS THEREFORE ORDERED that Respondent Trainer Martin M. Orona, Jr. is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance in a horse he is training. As such, Respondent Trainer Martin M. Orona, Jr. shall be assessed the following penalties for the positive test on June 13, 2015 of Clenbuterol in excess of 140 pg/ml in violation of the rules of the New Mexico Racing Commission, Sample No. NM13234: I. A fine in the amount of three thousand five hundred dollars ($3500), which must be paid within thirty (30) days pursuant to 15.2.1.9(B)(7)(f) NMAC; II. Suspension, which ran July 1, 2018 to November 30, 2018; This Decision and Order shall be served upon Respondent in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. IT IS SO ORDERED. Date: ____________ Chairman Willis:__________________________________

Name: MARTIN M ORONA Ruling Date: 1/31/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-161-ASC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3500 Fine Paid: Y
Suspension Start: 7/1/2018 Suspension End: 11/30/2018
Ruling Text: RE: 2018-SUN-161 - Appeal Submitted to Commission Appeal was received by Steward Jill Cathey on March 22, 2018
Name: MIKE CHARLES ABRAHAM Ruling Date: 3/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-135 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 Mike Abraham, Pierre Amestoy, and Leslie Amestoy were duly notified, failed 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 March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Methocarbamol (class 4 penalty category C MAJOR drug), found in test sample NM29222. The test sample was taken from the winner Moon River” following the 2nd race on December 29,2017, at Sunland Park Racetrack, in Sunland Park, NM.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 121 ng/ml in the blood, the allowable limit for Methocarbamol is 1.0 ng/ml in the blood (15.2.6.9 Attachment 2 Page 5). Methocarbamol was confirmed at a level of 138±3 ng/ml in the blood of the split sample sent to Industrial Laboratories on January 29, 2018.

Ross Amestoy, the trainer of record for horse “Moon River”, was duly notified and appeared for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s SECOND Class 4C MAJOR medication violation in a 365- day period .

For Mike Abraham, Pierre Amestoy, and Leslie Amestoy’s SECOND Class 4C MAJOR medication violation in a 365 day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

    1. The horse “Moon River” must pass a commission approved veterinary examination before being eligible to enter.
    2. The horse “Moon River” is hereby disqualified from FIRST PLACE and ordered unplaced from the 2nd race on December 29,2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Fiery Strawfly
                2. Cache This Cheque
                3. Laynis Diamond
                4. Starz Power
                5. Penny Snipin
                6. Jess Lobita
                7. Taco Bay
                8. Bonnie the Barfly
                9. Jess My Choice
Unplaced “Moon RiverLicensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(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.
Name: JUAN ERNESTO POBLANO Ruling Date: 1/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-41 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Co-owner Juan Poblano was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on January 19, 2018, for a hearing that was continued from January 7, 2018, (at the request of Daniel Marquez). 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 3B drug “clenbuterol” detected in horse “Not Holding Back(test sample #NC26355) during Out Of Competition Testing on February 6, 2017, at Sunland Park Racetrack in Sunland Park NM . Clebuterol was confirmed in the Split Sample sent to Industrial Laborites on May 4, 2017.

Ricardo A. Bernal, the co-owner of record for horse “Not Holding Back”, was duly notified and failed to appear for this hearing. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, Ricardo A. Bernal’s SECOND class 3B medication violation in a lifetime.

Raul Vega, the trainer of record for horse “Not Holding Back”, was duly notified and represented by attorney Daniel Marquez for this hearing. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations This is Raul Vega’s THIRD Class 3B medication violation in a lifetime.

For Co-owner Juan Poblano’s FOURTH Class 3B medication violation in a lifetime, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards issue a penalty as follows.

    1. A ($5,000) five thousand dollar fine to paid on or before February 20, 2018, 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 “Not Holding Back” was placed on the Stewards list for a period of 60 days (beginning April 19, 2017). During this period, the papers were 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 and this ruling is written in accordance with: 15.2.3.8(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(3)(7)(c)(8) Medication Restrictions/ 15.2.6.9(J)(2)(d)(3) Out of Competition Testing/ 16.47.1.8(L)(i)(T)Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license/ 15.2.6.9 (B)(2) Penalty Recommendations

Name: JUAN ERNESTO POBLANO Ruling Date: 10/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-41-RO Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-41 - Ruling Overturned

Pursuant to Decision and Order #2018-SUN-40-FO dated October 9, 2018, the action taken against Owner Juan Poblano in Ruling #2018-SUN-41 in regard to the hrose "Not Holding Back" is dismissed with prejudice.

If you would like a copy of the Decision and Order #2018-SUN-40-FC, please contact the New Mexico Racing Commission.

BY ORDER OF THE NEW MEXICO RACING COMMISSION

Name: MARK N HIBDON Ruling Date: 1/4/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22509 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
ailure to have the required 60 day workout resulting in the late scratch of “Tyler Bigo” from race 8, December 30, 2017 at Delta Downs.
Name: JUAN DE DIOS TORRES Ruling Date: 2/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-211-FO Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 7/6/2018 Suspension End: 9/4/2018
Ruling Text: RE: 2017-SUN-211 - Ruling Final Outcome- Mistake- see Tina
Name: JUAN DE DIOS TORRES Ruling Date: 12/23/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-211 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 7/6/2018 Suspension End: 9/4/2018
Ruling Text: Owner/Trainer, Juan D. Torres, having been duly notified and having appeared before the Board of Stewards on December 23, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the class 3 penalty B drug “clenbuterol” detected in the urine of horse “A Royal Debt”(Test Sample #: NM10041), who finished 2nd place in the 3rd race on December 14, 2014, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the urine of the split sample sent to the Louisiana State University on March 9, 2015.

For Trainer/Owner Juan D. Torres’s FIRST Class 3B medication in a 365-day period, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 60 day suspension of all NMRC licenses running consecutively from ruling 2017-ZIA-76, July 6, 2018, through September 3, 2018, inclusive.
    2. A ($1,000) one thousand dollar fine to paid on or before January 23, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. The horse “A Royal Debt” is hereby disqualified from SECOND PLACE and ordered unplaced from the 3rd race on December 14, 2014, at Sunland Park Racetrack in Sunland Park, NM, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Seacrest Out
                2. Devonas Secret RF
                3. First Call Corona
                4. Corona Jess Lika
                5. Sunny Situation
                6. Royal Gent
                7. Padrisimo
                8. Rare Waves
                9. The Real Rabbit
Unplaced “A Royal Debt

During 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)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Licensee is found in violation of: 15.2.6.9(D)(1-2-3) NMAC and 15.2.6.9 (P) NMAC This ruling is written in accordance with15.2.6.9 (C) (2) (b) NMAC Penalty recommendations/ 15.2.6.11(A) NMAC/ 16.47.1.10(B)(1) NMAC/ 15.2.1.9(B)(9)(b)NMAC Appeal Filing Deadline

Name: MARIO SANCHEZ Ruling Date: 11/6/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-133 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 9/22/2020 Suspension End: 12/22/2020
Ruling Text: Trainer Mario Sanchez having been duly notified and having responded telephonically 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.

Juan Adame (Adame Racing, LLC), the owner of record for horse “Walked Away”, was duly notified and failed to appear for this hearing. This is Juan Adame’s FIRST Class 3B medication violation in a lifetime.

For Trainer Mario Sanchez’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 running consecutively from ruling 2017-COMM-22, September 22, 2020, through December 21, 2020, inclusive.
    2. A ($2,500) two thousand and five hundred dollar fine to paid on or before December 6, 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 Mario Sanchez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Mario 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 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 15.2.1.8(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: 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: $ 4000 Fine Paid: N
Suspension Start: 2/22/2018 Suspension End: 5/23/2018
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: JUAN DE DIOS TORRES Ruling Date: 2/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-76-FO Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 4000 Fine Paid: N
Suspension Start: 2/22/2018 Suspension End: 5/23/2018
Ruling Text: RE: 2017-ZIA-76 - Ruling Final Outcome-settlement Agreement see attached documents
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: SERGIO P ROMAN Ruling Date: 9/2/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-95 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Sergio Roman having been duly notified and having responded by telephone before the Board of Stewards on September 2, 2017, for sending a owner as a groom to the test barn with a horse he did not own , on September 1, 2017 at the Downs at Albuquerque.

Licensee is found to be in violation of: 15.2.6.10 TESTING: A. Reporting to the test barn: (4) A track security guard shall monitor access to the test barn area during and immediately following each racing performance. All persons who wish to enter the test barn area must be a minimum of 18- years-old, be currently licensed by the commission, display their commission identification badge and have a legitimate reason for being in the test barn area.

16.47.1.10 TRAINERS: C. Other responsibility: A trainer is responsible for: (25) attending the collection of urine or blood sample from the horse in their charge or delegating a licensed employee or the owner of the horse to do so;

The Board of Stewards assessed Sergio Roman a penalty in the amount of One hundred dollars ($100.00). The fine is to be paid on or before October 1, 2017, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay this fine within the time prescribed may result in immediate suspension. 16.47.1.8. T. KNOWLEDGE OF RULES:

Name: DAVID CHARLES ANDERSON Ruling Date: 9/2/2017
Jurisdiction: Nebraska Racing Commission Facility: Columbus
Ruling Number: CLS-3- Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer David C. Anderson having been properly notified of a hearing and waiving that right , for violation of Nebraska State Racing Commission rule 18.011 (Trainer is the absolute insurer of the condition of horses trained by him and entered in a race and is responsible for the presence of any prohibited drug or medication in such horses).

Truesdail Laboratories reported that the blood sample marked 69351 obtained from the horse "COWBOY ACCENT" who finished second in the 5th race on Sunday, August 13, 2017 at Columbus, Nebraska contained the Class 4 drug "DEXAMETHASONE".

Owner/Trainer David C. Anderson is hereby fined the sum of Two Hundred Fifty Dollars ($250.00), and the horse "COWBOY ACCENT" is disqualified from 2nd and placed last.

The new order of finish for the 5th race on August 13, 2017 is: 1st #2, "TOBIN"; 2nd #5, "MORNING SHADOW"; 3rd #4, "GOING PLATINUM"; 4th, #6, SHOCK 'EM ALL; 5th #3, ZOOHA'S LAST BABY"; 6th #1, COWBOY ACCENT.

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

Name: JOHNNY SOTO Ruling Date: 8/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-115 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 8/20/2017 Suspension End: 10/3/2017
Ruling Text: Trainer Johnny Soto (currently under a summary suspension, refer to rulings 2017-SUN-183 and 2017-SUN-169, concerning test sample number NM23939) was duly notified and appeared with attorney Daniel Marquez, before the Board of Stewards on August 5, 2017. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive of the prohibited substance “O-Desmethyl-tramadol” (drug class 2, penalty B) detected in horse “Walken To The Moon”(Test Sample NM23939), who finished 3rd place in the 9th race on February 17, 2017, at Sunland Park Racetrack in Sunland Park, NM.

The split sample was sent to Industrial Laborites and confirmed positive for the prohibited substance “O-Desmethyl-tramadol” on April 14, 2017. Juan E. Poblano, the owner of record for horse “Walken To The Moon”, was duly notified and appeared with attorney Daniel Marquez for this hearing. This is Mr. Poblano’s second Penalty B medication violation in a lifetime .

Aggravating Circumstances: Class 2 drugs have a high potential to affect performance (Uniform Classification Guidelines Page iv). Mitigating Circumstances: Trainer’s first medication violation.

Considering the MITIGATING AND AGGRAVATING CIRCUMSTANCES, for Johnny Soto’s FIRST lifetime Penalty B medication violation issued in accordance with 15.2.6.9 (B)(2), the Board of Stewards assessed a penalty as follows.

    1. A 45 day suspension of all NMRC licenses starting August 20, 2017, through October 3, 2017, inclusive.
    2. ($1,000) one thousand dollar fine to paid on or before September 10, 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.

During said time of applicable suspension, Johnny Soto is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-c), and 15.2.3.8 (B)(3)(f). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Johnny Soto 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 /15.2.1.7 (P)(15) Prohibited substance/ 15.2.6.9(B)(2)Penalty recommendations. This ruling is written in accordance with Uniform Classification Guidelines for Foreign Substances, Page #18/ 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 Purse/15.2.5.13(E)(4)(d) NMAC: Steward’s Authority for Disqualification/ 16.47.1.8 (U)(1) PROTECTION OF HORSES 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: JOHNNY SOTO Ruling Date: 8/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-117 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/4/2017 Suspension End: 1/28/2019
Ruling Text: Trainer Johnny Soto (currently under a summary suspension, refer to rulings 2017-SUN-183 and 2017-SUN-169, concerning test sample number NM23939) was duly notified for the disciplinary hearing and appeared with attorney Daniel Marquez, before the Board of Stewards on August 5, 2017. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive of the prohibited substances “Ractopamine” (drug class 2, penalty A) and “O-Desmethyl-tramadol” (drug class 2, penalty B) detected in horse “Justified By Chicks”(Test Sample NM25130), who finished 5th place in the 10th race on March 4, 2017, at Sunland Park Racetrack in Sunland Park, NM.

The split sample was sent to Industrial Laborites and confirmed positive for the prohibited substances Ractopamine and “O-Desmethyl-tramadol on April 20, 2017.

Juan E. Poblano , the owner of record for horse “Justified By Chicks”, was duly notified and appeared for this hearing with attorney Daniel Marquez. This is Owner Juan Poblano’s third Penalty B medication violation in a lifetime and first Penalty A medication violation in a lifetime.

Aggravating Circumstances: Class 2 drugs have a high potential to affect performance. These drugs are not generally accepted as therapeutic agents in racing horses or they are therapeutic agents that have a high potential for abuse (Uniform Classification Guidelines Page iv). Trainer had 6 lifetime starts at the time of this incident with 2 starts out of the 6 testing positive tests for Class 2 (A and B penalty) prohibited substances.

After considering the aggravating circumstances for Johnny Soto’s FIRST Class 2 Penalty A medication violation in a lifetime and SECOND Class 2 Penalty B medication violation in a lifetime issued in accordance with 15.2.6.9 (B)(1) Penalty Recommendations and 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

        1. For the Ractopamine Positive : A 545 day suspension of all NMRC licenses retroactive from ruling 2017-SUN-169, April 4, 2017, through September 30, 2018, inclusive, and a ($12,500) twelve thousand five hundred dollar fine.
        2. For the O-Desmethyl-tramadol positive: A 120 day suspension of all NMRC licenses starting October 1, 2018, through January 28, 2019, inclusive and a ($2,000) two thousand dollar fine.

All fines are to paid on or before September 10, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fines in prescribed time may result in an immediate suspension. During said time of applicable suspension, Johnny Soto is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21) Exclusion. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Johnny Soto are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) Exclusion. Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence/ 15.2.1.7 (P)(15) Prohibited substance /16.47.1.8 (U)(1) PROTECTION OF HORSES 16.47.1.8(U)(2)PROTECTION OF HORSES/ 15.2.6.9. B.(1)(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 / Uniform Classification Guidelines for Foreign Substances, Page #18 Tramadol/ Uniform Classification Guidelines for Foreign Substances, Page #17 Rectopamine/ 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 ERNESTO POBLANO Ruling Date: 8/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-118 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 Juan E. Poblano having been duly notified and having appeared with attorney Daniel Marquez before the Board of Stewards Stewards on August 5, 2017. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive of the prohibited substances “Ractopamine” (drug class 2, penalty A) and “O-Desmethyl-tramadol” (drug class 2, penalty B) detected in horse “Justified By Chicks”(Test Sample NM25130), who finished 5th place in the 10th race on March 4, 2017, at Sunland Park Racetrack in Sunland Park, NM.

The split sample was sent to Industrial Laborites and confirmed positive for the prohibited substances Ractopamine and “O-Desmethyl-tramadol on April 20, 2017.

Johnny Soto, the trainer of record for horse “Justified By Chicks”, was duly notified and appeared with attorney Daniel Marquez for this hearing. This is Johnny Soto’s FIRST Class 2 Penalty A medication violation in a lifetime and SECOND Class 2 Penalty B medication violation in a lifetime issued in accordance with 15.2.6.9 (B)(1)(2) Penalty Recommendations.

For Owner Juan E. Poblano’s FIRST Class 2 Penalty A medication violation in a lifetime and THIRD Class 2 Penalty B medication violation in a lifetime issued in accordance with 15.2.6.9 (B)(1) Penalty Recommendations and 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 paid on or before September 10, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
      2. Pursuant to rules 15.2.3.8(B)(9)(a)(e), 15.2.6.9(C)(8)(a), 15.2.6.9(C)(9), 15.2.6.9(C)(10)(a-d),the horse “Justified By Chicks” is placed on the Stewards list for a period of 60 days (beginning March 21, 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 “Justified By Chicks” is hereby disqualified from FIFTH PLACE and ordered unplaced from the 10th race on March 4, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                  1. Sies Menudos
                  2. Jess Cruzin On By
                  3. Princess Jesse
                  4. Play Misty Foreme
                  5. Seeyalateralligator
                  6. Frank N Jesse
                  7. Booyah Bay
                  8. Teana Fay
                  9. Major Moonsflash
Unplaced “Justified By Chicks Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence/ 15.2.1.7 (P)(15) Prohibited substance /16.47.1.8 (U)(1) PROTECTION OF HORSES 16.47.1.8(U)(2)PROTECTION OF HORSES/ 15.2.6.9. B.(1)(2) Penalty recommendations This ruling is written in accordance withUniform Classification Guidelines for Foreign Substances, Page #18 Tramadol/ Uniform Classification Guidelines for Foreign Substances, Page #17 Ractopamine/ 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 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 ERNESTO POBLANO Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-118-ASD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2017-RUI-118 - Appeal Stay Denied
Name: JOHNNY SOTO Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-115-ASD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 8/20/2017 Suspension End: 10/3/2017
Ruling Text: RE: 2017-RUI-115 - Appeal Stay Denied
Name: JOHNNY SOTO Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-117-ASD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/4/2017 Suspension End: 1/28/2019
Ruling Text: RE: 2017-RUI-117 - Appeal Stay Denied
Name: JUAN ERNESTO POBLANO Ruling Date: 9/26/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-118-CC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: 2017-RUI-118-Case Continued - Remanded back to Hearing Officer per Decision and Order

IN THE MATTER OF: TRAINER JOHNNY SOTO ID#46025 OWNER JUAN POBLANO ID#35356 FOR POSITIVE SAMPLE #NM25130 RULINGS #2017-RUI-117 AND #2017-RUI-118 HORSE “JUSTIFIED BY CHICKS”

Respondents.

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on September 13, 2018, on review of a Hearing Officer's Findings of Fact, Conclusions of Law and Recommendations regarding the above named Appellant; WHEREAS, the Commission reviewed the Hearing Officer's Findings of Fact, Conclusions of Law and Recommendations, the record and Prosecution's Exceptions to Hearing Officer's Report; WHEREAS, at this time, the Commission cannot adequately reach a decision on this matter without further findings; WHEREAS, pursuant to Rule 15.2.1.9(C)(15)(d) NMAC, the Commission may remand the proceeding to the Hearing Officer and reopen the hearing for further examination; WHEREAS, the Commission voted unanimously to remand this matter back to the Hearing Officer only for clarification of the penalties that are to be imposed and that those penalties should be consistent with the penalties that were in place during the time period at which the infraction occurred; WHEREAS, the Commission requests that the Hearing Officer reopen the record in this matter only for clarification of the penalties that are to be imposed and those penalties should be consistent with the penalties that were in place during the time period where the infraction occurred; IT IS THEREFORE ORDERED, that pursuant to this request, this matter is hereby remanded to the Hearing Officer for further examination pursuant to 15.2.1.9 (c)(15)(d) only for clarification of the penalties that are to be imposed and that those penalties should be consistent with the penalties that were in place during the time period where the infraction occurred; and that the amended Hearing Officer's Findings of Fact, Conclusions of Law and Recommendations shall be completed and submitted to the Racing Commission within thirty (30) days from the date of signature on this Decision and Order.

FOR THE NEW MEXICO RACNG COMMISSION

Date:9/25/18 By: Chairman Ray Willis

Name: JOHNNY SOTO Ruling Date: 9/26/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-117-CC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/4/2017 Suspension End: 1/28/2019
Ruling Text: RE: 2017-RUI-117 - Case Continued/Remanded back to Hearing Officer.

IN THE MATTER OF: TRAINER JOHNNY SOTO ID#46025 OWNER JUAN POBLANO ID#35356 FOR POSITIVE SAMPLE #NM25130 RULINGS #2017-RUI-117 AND #2017-RUI-118 HORSE “JUSTIFIED BY CHICKS”

Respondents.

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on September 13, 2018, on review of a Hearing Officer's Findings of Fact, Conclusions of Law and Recommendations regarding the above named Appellant; WHEREAS, the Commission reviewed the Hearing Officer's Findings of Fact, Conclusions of Law and Recommendations, the record and Prosecution's Exceptions to Hearing Officer's Report; WHEREAS, at this time, the Commission cannot adequately reach a decision on this matter without further findings; WHEREAS, pursuant to Rule 15.2.1.9(C)(15)(d) NMAC, the Commission may remand the proceeding to the Hearing Officer and reopen the hearing for further examination; WHEREAS, the Commission voted unanimously to remand this matter back to the Hearing Officer only for clarification of the penalties that are to be imposed and that those penalties should be consistent with the penalties that were in place during the time period at which the infraction occurred; WHEREAS, the Commission requests that the Hearing Officer reopen the record in this matter only for clarification of the penalties that are to be imposed and those penalties should be consistent with the penalties that were in place during the time period where the infraction occurred; IT IS THEREFORE ORDERED, that pursuant to this request, this matter is hereby remanded to the Hearing Officer for further examination pursuant to 15.2.1.9 (c)(15)(d) only for clarification of the penalties that are to be imposed and that those penalties should be consistent with the penalties that were in place during the time period where the infraction occurred; and that the amended Hearing Officer's Findings of Fact, Conclusions of Law and Recommendations shall be completed and submitted to the Racing Commission within thirty (30) days from the date of signature on this Decision and Order.

FOR THE NEW MEXICO RACNG COMMISSION

Date: 9/25/18 By: Chairman Ray Willis

Name: JOHNNY SOTO Ruling Date: 3/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-115-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 8/20/2017 Suspension End: 10/3/2017
Ruling Text: RE: 2017-RUI-115 - Penalty Affirmed STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF: TRAINER JOHNNY SOTO ID# 46025 FOR POSITIVE SAMPLE #NM25130 AND POSITIVE SAMPLE #NM23939

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) at its regularly scheduled meeting on February 21, 2019, on review of the Hearing Officer’s Report, Proposed Findings of Fact and Conclusions of Law, Recommended Penalties in the above-captioned matter. A hearing on the merits was held on June 7, 2018, before Hearing Officer Felicia Orth, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was transcribed by Beverly Deborah L. Connor of Williams and Associates, LLC, and the transcripts are in the custody of the Racing Commission. The administrative prosecutor for the New Mexico Racing Commission was Ismael Camacho, Esq. The Respondents were represented by Daniel A. Marquez, Esq. Pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act, the Commission hereby makes the following Findings of Fact:

The Horse ‘Walken to the Moon’ Sample #NM23939

1. On February 17, 2017, the horse 'Walken to the Moon' finished in third place in the ninth race at Sunland Park Race Track in Sunland Park, New Mexico. See Exhibit lA, p. 1; 2A, p.1 2. On February 17, 2017, Respondent Johnny Soto was the Commission-licensed trainer responsible for 'Walken to the Moon' at the time of the ninth race at Sunland Park. Id., Exhibits SA and 9A; Testimony of Ms. Johnson, Tr. pp. 123-124. 3. On February 17, 2017, Juan Poblano was the owner of 'Walken to the Moon' at the time of the ninth race at Sunland Park. Exhibits 2A, 9A, 10A. 4. Upon completing the race, 'Walken to the Moon' was designated by the racetrack Board of Stewards, see 15.2.6.10(A)(l), to have urine and blood samples taken at the Sunland Park test barn. See Ex. 6A, Testimony of Dr. Ashby, Tr. p. 126. 5. Samples of urine and then blood were extracted from 'Walken to the Moon' in the Sunland Park test barn within 45 minutes and assigned the unique identifying code #NM23939. Ex. 6A; Testimony of Dr. Ashby, Tr. pp.12G-129. 6. The samples were taken at the direction of and under the supervision of official Commission veterinarian Mark Ashby, DVM. Testimony of Dr. Ashby, Tr. pp. 127-128, 131-132. 7. The veterinary assistant, Autumn Lemons, working under Dr. Ashby's direction, collected the urine sample using a cup on a long handle, split the sample into two parts, and filled out the paperwork. Ms. Lemons signed the Acknowledgment of Test Sample; Dr. Ashby recognizes her handwriting. Ex. GA, Testimony of Dr. Ashby, Tr. pp. 127-128, 130. 8. The taking, packaging, and sealing of the samples from the horse was witnessed at all times by Respondent Mr. Soto's designated representative, Anselmo Leyna. Ex. GA; and Testimony of Dr. Ashby, Tr. p. 132. 9. The trainer's designee is to have absolute control of the horse and is present for all procedures to witness everything done with the horse and to acknowledge that by signing the Acknowledgement of Test Sample. Id. 10. Every horse tested horse is identified by the veterinary assistant and the official veterinarian by a tattoo number on its lip. Testimony of Dr. Ashby, Tr. p. 127. 17. It would be Dr. Ashby's responsibility to note any abnormalities with the sampling, but it just doesn't happen with their procedures. It would be noted on the test sample and the submission form. Tr. p. 134. 11. The procedures used ensure that samples are not contaminated. Tr. p. 135. 12. As for the blood sample, the needle is injected into the vein and there is a needle on the other end which goes directly into the tube, which has a vacuum which draws the blood directly into it; any blood in the tube came directly from the horse, and there's no other contamination possible. 13. As for the urine sample, it is collected in a cup that has a lid. As soon as it's collected, the lid is put on it, it's brought into the lab and split into a larger cup and a smaller cup, sealed, and taped with a seal on it. 14. Once the seal is put on, any attempt to pull it off it leaves markings on the cup that make tampering easily seen. Tr. p. 136. 15. Dr. Ashby's signature is on Exhibit 3A, indicating that he drew the horse's blood and recorded all the samples collected that day. Tr. p. 137.

The Horse 'Justified by Chicks' and Sample #NM25130

16. On March 4, 2017, the horse 'Justified by Chicks' finished in fifth place in the tenth race at Sunland Park Race Track in Sunland Park, New Mexico. See Exhibit lB, p. 1; 28, p. 1. 17. On March 4, 2017, Respondent Johnny Soto was the Commission-licensed trainer responsible for 'Justified by Chicks' at the time of the tenth race at Sunland Park. Id., Exhibits SB, 98; and see Testimony of Ms. Johnson, Tr. pp. 123-124. On March 4, 2017, Juan Poblano was the owner of 'Justified by Chicks' at the time of the tenth race at Sunland Park. Exhibits 28, 98, 108. 18. Upon completing the race, 'Justified by Chicks' was designated by the racetrack Board of Stewards, see 15.2.6.10(A)(l), to have urine and blood samples taken at the Sunland Park test barn. See Ex. GB, Testimony of Dr. Ashby, Tr. p. 126. 19. Samples of urine and then blood were extracted from 'Justified by Chicks' in the Sunland Park test barn and assigned the unique identifying code #NM25130. Ex. GB; Testimony of Dr. Ashby, Tr. pp. 140-141. 20. The samples were taken at the direction of and under the supervision of official Commission veterinarian Mark Ashby, DVM, who checked the horse's tattoo at the time of collection. Testimony of Dr. Ashby, Tr. pp. 139, 141-142. 21. The veterinary assistant, Autumn Lemons, took the urine sample and signed the Acknowledgment of Test Sample. Ex. GB, Testimony of Dr. Ashby, Tr. pp. 141, 145. 22. Test barn procedures were correctly followed. No irregularities were noted with respect to Sample #NM25130. Tr. p. 142. 23. The taking, packaging, and sealing of the samples from the horse was witnessed at all times by Respondent Mr. Soto's designated representative, Gerado Alfaro. Ex. GB; and Testimony of Dr. Ashby, Tr. p. 144. 24. Dr. Ashby's signature is on Exhibit 38, indicating that he drew the horse's blood and recorded all the samples collected that day. Tr. p. 146. 25. Urine samples are placed in a cooler with a padlock, that's put into a freezer that has a padlock. Blood samples are placed in a refrigerator with a padlock. They are locked up at end of the day when all the samples are taken before shipment to UC Davis. Tampering would be evident, which it was not. Tr. pp. 147-149. Shipping and Analysis of Sample #NM23939 from 'Walken to the Moon' and Sample #NM2S130 from 'Justified by Chicks' 26. The primary urine samples, locked in the cooler, were shipped via Fed Ex courier to the Commission-approved testing facility known as the Equine Analytical Chemistry Laboratory at the University of California, Davis (Laboratory or UC Davis). Exhibits 13A and 138. 27. Upon receipt, the Laboratory undertook to test the samples, and prepared a litigation package for each horse that included raw data, procedures, documentary evidence of the chain of custody, and test results. See Exhibits 13A and 13B. Chain of custody documentation is at pp. 5-8 in each exhibit. Testimony of Dr. Moeller, Tr. pp. 195-97. 28. The Laboratory screened the urine samples for the presence of drugs utilizing the methods of solid phase extraction and gas chromatography/mass spectrometry. Ex. 13A and 13B. TR. pp. 197-205. 29. The Laboratory identified the presence of 0-Desmethyl-tramadol in Sample #NM23939; and O-Desmethyl-tramadol and Ractopamine in Sample #NM25130 and reported on the specific concentrations. Ex. 13A at p. 153, and Ex. 138 at pp. 204-205.

ORDER IT IS THEREFORE ORDERED

that Respondent Trainer Johnny Soto: I. No assessment of a fine; and II. One year suspension which has been served.

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

IT IS SO ORDERED. Date: ____3/22/2019________ Chairman Willis:____________SIGNED____________

Name: JOHNNY SOTO Ruling Date: 3/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-117-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/4/2017 Suspension End: 1/28/2019
Ruling Text: RE: 2017-RUI-117 - Penalty AffirmedSTATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF: TRAINER JOHNNY SOTO ID# 46025 FOR POSITIVE SAMPLE #NM25130 AND POSITIVE SAMPLE #NM23939

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) at its regularly scheduled meeting on February 21, 2019, on review of the Hearing Officer’s Report, Proposed Findings of Fact and Conclusions of Law, Recommended Penalties in the above-captioned matter. A hearing on the merits was held on June 7, 2018, before Hearing Officer Felicia Orth, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was transcribed by Beverly Deborah L. Connor of Williams and Associates, LLC, and the transcripts are in the custody of the Racing Commission. The administrative prosecutor for the New Mexico Racing Commission was Ismael Camacho, Esq. The Respondents were represented by Daniel A. Marquez, Esq. Pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act, the Commission hereby makes the following Findings of Fact: The Horse ‘Walken to the Moon’ Sample #NM23939 1. On February 17, 2017, the horse 'Walken to the Moon' finished in third place in the ninth race at Sunland Park Race Track in Sunland Park, New Mexico. See Exhibit lA, p. 1; 2A, p.1 2. On February 17, 2017, Respondent Johnny Soto was the Commission-licensed trainer responsible for 'Walken to the Moon' at the time of the ninth race at Sunland Park. Id., Exhibits SA and 9A; Testimony of Ms. Johnson, Tr. pp. 123-124. 3. On February 17, 2017, Juan Poblano was the owner of 'Walken to the Moon' at the time of the ninth race at Sunland Park. Exhibits 2A, 9A, 10A. 4. Upon completing the race, 'Walken to the Moon' was designated by the racetrack Board of Stewards, see 15.2.6.10(A)(l), to have urine and blood samples taken at the Sunland Park test barn. See Ex. 6A, Testimony of Dr. Ashby, Tr. p. 126. 5. Samples of urine and then blood were extracted from 'Walken to the Moon' in the Sunland Park test barn within 45 minutes and assigned the unique identifying code #NM23939. Ex. 6A; Testimony of Dr. Ashby, Tr. pp.12G-129. 6. The samples were taken at the direction of and under the supervision of official Commission veterinarian Mark Ashby, DVM. Testimony of Dr. Ashby, Tr. pp. 127-128, 131-132. 7. The veterinary assistant, Autumn Lemons, working under Dr. Ashby's direction, collected the urine sample using a cup on a long handle, split the sample into two parts, and filled out the paperwork. Ms. Lemons signed the Acknowledgment of Test Sample; Dr. Ashby recognizes her handwriting. Ex. GA, Testimony of Dr. Ashby, Tr. pp. 127-128, 130. 8. The taking, packaging, and sealing of the samples from the horse was witnessed at all times by Respondent Mr. Soto's designated representative, Anselmo Leyna. Ex. GA; and Testimony of Dr. Ashby, Tr. p. 132. 9. The trainer's designee is to have absolute control of the horse and is present for all procedures to witness everything done with the horse and to acknowledge that by signing the Acknowledgement of Test Sample. Id. 10. Every horse tested horse is identified by the veterinary assistant and the official veterinarian by a tattoo number on its lip. Testimony of Dr. Ashby, Tr. p. 127. 17. It would be Dr. Ashby's responsibility to note any abnormalities with the sampling, but it just doesn't happen with their procedures. It would be noted on the test sample and the submission form. Tr. p. 134. 11. The procedures used ensure that samples are not contaminated. Tr. p. 135. 12. As for the blood sample, the needle is injected into the vein and there is a needle on the other end which goes directly into the tube, which has a vacuum which draws the blood directly into it; any blood in the tube came directly from the horse, and there's no other contamination possible. 13. As for the urine sample, it is collected in a cup that has a lid. As soon as it's collected, the lid is put on it, it's brought into the lab and split into a larger cup and a smaller cup, sealed, and taped with a seal on it. 14. Once the seal is put on, any attempt to pull it off it leaves markings on the cup that make tampering easily seen. Tr. p. 136. 15. Dr. Ashby's signature is on Exhibit 3A, indicating that he drew the horse's blood and recorded all the samples collected that day. Tr. p. 137. The Horse 'Justified by Chicks' and Sample #NM25130 16. On March 4, 2017, the horse 'Justified by Chicks' finished in fifth place in the tenth race at Sunland Park Race Track in Sunland Park, New Mexico. See Exhibit lB, p. 1; 28, p. 1. 17. On March 4, 2017, Respondent Johnny Soto was the Commission-licensed trainer responsible for 'Justified by Chicks' at the time of the tenth race at Sunland Park. Id., Exhibits SB, 98; and see Testimony of Ms. Johnson, Tr. pp. 123-124. On March 4, 2017, Juan Poblano was the owner of 'Justified by Chicks' at the time of the tenth race at Sunland Park. Exhibits 28, 98, 108. 18. Upon completing the race, 'Justified by Chicks' was designated by the racetrack Board of Stewards, see 15.2.6.10(A)(l), to have urine and blood samples taken at the Sunland Park test barn. See Ex. GB, Testimony of Dr. Ashby, Tr. p. 126. 19. Samples of urine and then blood were extracted from 'Justified by Chicks' in the Sunland Park test barn and assigned the unique identifying code #NM25130. Ex. GB; Testimony of Dr. Ashby, Tr. pp. 140-141. 20. The samples were taken at the direction of and under the supervision of official Commission veterinarian Mark Ashby, DVM, who checked the horse's tattoo at the time of collection. Testimony of Dr. Ashby, Tr. pp. 139, 141-142. 21. The veterinary assistant, Autumn Lemons, took the urine sample and signed the Acknowledgment of Test Sample. Ex. GB, Testimony of Dr. Ashby, Tr. pp. 141, 145. 22. Test barn procedures were correctly followed. No irregularities were noted with respect to Sample #NM25130. Tr. p. 142. 23. The taking, packaging, and sealing of the samples from the horse was witnessed at all times by Respondent Mr. Soto's designated representative, Gerado Alfaro. Ex. GB; and Testimony of Dr. Ashby, Tr. p. 144. 24. Dr. Ashby's signature is on Exhibit 38, indicating that he drew the horse's blood and recorded all the samples collected that day. Tr. p. 146. 25. Urine samples are placed in a cooler with a padlock, that's put into a freezer that has a padlock. Blood samples are placed in a refrigerator with a padlock. They are locked up at end of the day when all the samples are taken before shipment to UC Davis. Tampering would be evident, which it was not. Tr. pp. 147-149. Shipping and Analysis of Sample #NM23939 from 'Walken to the Moon' and Sample #NM2S130 from 'Justified by Chicks' 26. The primary urine samples, locked in the cooler, were shipped via Fed Ex courier to the Commission-approved testing facility known as the Equine Analytical Chemistry Laboratory at the University of California, Davis (Laboratory or UC Davis). Exhibits 13A and 138. 27. Upon receipt, the Laboratory undertook to test the samples, and prepared a litigation package for each horse that included raw data, procedures, documentary evidence of the chain of custody, and test results. See Exhibits 13A and 13B. Chain of custody documentation is at pp. 5-8 in each exhibit. Testimony of Dr. Moeller, Tr. pp. 195-97. 28. The Laboratory screened the urine samples for the presence of drugs utilizing the methods of solid phase extraction and gas chromatography/mass spectrometry. Ex. 13A and 13B. TR. pp. 197-205. 29. The Laboratory identified the presence of 0-Desmethyl-tramadol in Sample #NM23939; and O-Desmethyl-tramadol and Ractopamine in Sample #NM25130 and reported on the specific concentrations. Ex. 13A at p. 153, and Ex. 138 at pp. 204-205. ORDER IT IS THEREFORE ORDERED that Respondent Trainer Johnny Soto: I. No assessment of a fine; and II. One year suspension which has been served. This Decision and Order shall be served upon Respondent in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. IT IS SO ORDERED. Date: ____3/22/2019________ Chairman Willis:____________SIGNED____________

Name: JUAN ERNESTO POBLANO Ruling Date: 3/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-118-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2017-RUI-118 - Penalty Affirmed

STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION IN THE MATTER OF:

OWNER JUAN POBLANO ID # 35356 FOR POSITIVE SAMPLE #NM25130 AND POSITIVE SAMPLE #NM23939

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) at its regularly scheduled meeting on February 21, 2019, on review of the Hearing Officer’s Report, Proposed Findings of Fact and Conclusions of Law, Recommended Penalties in the above-captioned matter. A hearing on the merits was held on June 7, 2018, before Hearing Officer Felicia Orth, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was transcribed by Beverly Deborah L. Connor of Williams and Associates, LLC, and the transcripts are in the custody of the Racing Commission. The administrative prosecutor for the New Mexico Racing Commission was Ismael Camacho, Esq. The Respondents were represented by Daniel A. Marquez, Esq. Pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act, the Commission hereby makes the following

Findings of Fact:

The Horse ‘Walken to the Moon’ Sample #NM23939

1. On February 17, 2017, the horse 'Walken to the Moon' finished in third place in the ninth race at Sunland Park Race Track in Sunland Park, New Mexico. See Exhibit lA, p. 1; 2A, p.1 2. On February 17, 2017, Respondent Johnny Soto was the Commission-licensed trainer responsible for 'Walken to the Moon' at the time of the ninth race at Sunland Park. Id., Exhibits SA and 9A; Testimony of Ms. Johnson, Tr. pp. 123-124. 3. On February 17, 2017, Juan Poblano was the owner of 'Walken to the Moon' at the time of the ninth race at Sunland Park. Exhibits 2A, 9A, 10A. 4. Upon completing the race, 'Walken to the Moon' was designated by the racetrack Board of Stewards, see 15.2.6.10(A)(l), to have urine and blood samples taken at the Sunland Park test barn. See Ex. 6A, Testimony of Dr. Ashby, Tr. p. 126. 5. Samples of urine and then blood were extracted from 'Walken to the Moon' in the Sunland Park test barn within 45 minutes and assigned the unique identifying code #NM23939. Ex. 6A; Testimony of Dr. Ashby, Tr. pp.12G-129. 6. The samples were taken at the direction of and under the supervision of official Commission veterinarian Mark Ashby, DVM. Testimony of Dr. Ashby, Tr. pp. 127-128, 131-132. 7. The veterinary assistant, Autumn Lemons, working under Dr. Ashby's direction, collected the urine sample using a cup on a long handle, split the sample into two parts, and filled out the paperwork. Ms. Lemons signed the Acknowledgment of Test Sample; Dr. Ashby recognizes her handwriting. Ex. GA, Testimony of Dr. Ashby, Tr. pp. 127-128, 130. 8. The taking, packaging, and sealing of the samples from the horse was witnessed at all times by Respondent Mr. Soto's designated representative, Anselmo Leyna. Ex. GA; and Testimony of Dr. Ashby, Tr. p. 132. 9. The trainer's designee is to have absolute control of the horse and is present for all procedures to witness everything done with the horse and to acknowledge that by signing the Acknowledgement of Test Sample. Id. 10. Every horse tested horse is identified by the veterinary assistant and the official veterinarian by a tattoo number on its lip. Testimony of Dr. Ashby, Tr. p. 127. 17. It would be Dr. Ashby's responsibility to note any abnormalities with the sampling, but it just doesn't happen with their procedures. It would be noted on the test sample and the submission form. Tr. p. 134. 11. The procedures used ensure that samples are not contaminated. Tr. p. 135. 12. As for the blood sample, the needle is injected into the vein and there is a needle on the other end which goes directly into the tube, which has a vacuum and draws the blood directly into it; any blood in the tube came directly from the horse, and there's no other contamination possible. 13. As for the urine sample, it is collected in a cup that has a lid. As soon as it's collected, the lid is put on it, it's brought into the lab and split into a larger cup and a smaller cup, sealed, and taped with a seal on it. 14. Once the seal is put on, any attempt to pull it off it leaves markings on the cup that make tampering easily seen. Tr. p. 136. 15. Dr. Ashby's signature is on Exhibit 3A, indicating that he drew the horse's blood and recorded all the samples collected that day. Tr. p. 137.

The Horse 'Justified by Chicks' and Sample #NM25130

16. On March 4, 2017, the horse 'Justified by Chicks' finished in fifth place in the tenth race at Sunland Park Race Track in Sunland Park, New Mexico. See Exhibit lB, p. 1; 28, p. 1. 17. On March 4, 2017, Respondent Johnny Soto was the Commission-licensed trainer responsible for 'Justified by Chicks' at the time of the tenth race at Sunland Park. Id., Exhibits SB, 98; and see Testimony of Ms. Johnson, Tr. pp. 123-124. On March 4, 2017, Juan Poblano was the owner of 'Justified by Chicks' at the time of the tenth race at Sunland Park. Exhibits 28, 98, 108. 18. Upon completing the race, 'Justified by Chicks' was designated by the racetrack Board of Stewards, see 15.2.6.10(A)(l), to have urine and blood samples taken at the Sunland Park test barn. See Ex. GB, Testimony of Dr. Ashby, Tr. p. 126. 19. Samples of urine and then blood were extracted from 'Justified by Chicks' in the Sunland Park test barn and assigned the unique identifying code #NM25130. Ex. GB; Testimony of Dr. Ashby, Tr. pp. 140-141. 20. The samples were taken at the direction of and under the supervision of official Commission veterinarian Mark Ashby, DVM, who checked the horse's tattoo at the time of collection. Testimony of Dr. Ashby, Tr. pp. 139, 141-142. 21. The veterinary assistant, Autumn Lemons, took the urine sample and signed the Acknowledgment of Test Sample. Ex. GB, Testimony of Dr. Ashby, Tr. pp. 141, 145. 22. Test barn procedures were correctly followed. No irregularities were noted with respect to Sample #NM25130. Tr. p. 142. 23. The taking, packaging, and sealing of the samples from the horse was witnessed at all times by Respondent Mr. Soto's designated representative, Gerado Alfaro. Ex. GB; and Testimony of Dr. Ashby, Tr. p. 144. 24. Dr. Ashby's signature is on Exhibit 38, indicating that he drew the horse's blood and recorded all the samples collected that day. Tr. p. 146. 25. Urine samples are placed in a cooler with a padlock, that's put into a freezer that has a padlock. Blood samples are placed in a refrigerator with a padlock. They are locked up at end of the day when all the samples are taken before shipment to UC Davis. Tampering would be evident, which it was not. Tr. pp. 147-149. Shipping and Analysis of Sample #NM23939 from 'Walken to the Moon' and Sample #NM25130 from 'Justified by Chicks' 26. The primary urine samples, locked in the cooler, were shipped via Fed Ex courier to the Commission-approved testing facility known as the Equine Analytical Chemistry Laboratory at the University of California, Davis (Laboratory or UC Davis). Exhibits 13A and 138. 27. Upon receipt, the Laboratory undertook to test the samples, and prepared a litigation package for each horse that included raw data, procedures, documentary evidence of the chain of custody, and test results. See Exhibits 13A and 13B. Chain of custody documentation is at pp. 5-8 in each exhibit. Testimony of Dr. Moeller, Tr. pp. 195-97. 28. The Laboratory screened the urine samples for the presence of drugs utilizing the methods of solid phase extraction and gas chromatography/mass spectrometry. Ex. 13A and 13B. TR. pp. 197-205. 29. The Laboratory identified the presence of 0-Desmethyl-tramadol in Sample #NM23939; and O-Desmethyl-tramadol and Ractopamine in Sample #NM25130 and reported on the specific concentrations. Ex. 13A at p. 153, and Ex. 138 at pp. 204-205. ORDER IT IS THEREFORE ORDERED that Respondent Owner Juan Poblano : I. The horse “Walken to the Moon” be disqualified from the 9th race that ran on February 17, 2017 at Sunland Park and that the purse be redistributed; the horse must pass a Commission-approved exam before being eligible to be entered; II. That the horse “Justified by Chicks” be disqualified from the 10th race that ran on March 4, 2017 at Sunland Park,the purse be redistributed, the horse be placed on the Stewards List and is required to pass a Commission-approved exam before being eligible to be entered.

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

IT IS SO ORDERED.

Date: ___3/22/2019_____ Chairman Willis:____________signed_________________

Name: SERGIO P ROMAN Ruling Date: 7/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-44 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner, Sergio P. Roman, having been duly notified, and appeared before the Board of Stewards by telephone, July 26, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 628 pg/ml in the horse “James D Man” (Test Sample #: NM26996), who finished in 4th place in the 7th race on May 19, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer Luis R. Hernandez. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Sergio P. Roman’s 3rd 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 ($5000.00) Five thousand dollar fine for the 3rd Class B violation to be paid on or before Aug.29, 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 “James D Man” is placed on the Stewards list for a minimum period of 60 days (beginning June 8, 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 “James D Man” is hereby disqualified from 4th Place. The purse redistribution is as follows.
                1. Boomer Who
                2. Beverlys Ruller
                3. Dark Brook
                4. Happy Havta Go
                5. Roll On Diego
                6. Miss Borrachita
                7. Royal Tapout
Unplaced “James D ManThis 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: SCHUYLER EUGENE CONDON Ruling Date: 5/4/2017
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: FON-9 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Schuyler Condon having been properly served notice and appeared for a formal hearing for violation of Nebraska State Racing Commission Rule 18.001 (Trainer is the absolute insurer of the condition of horses trained by him and entered in a race and is responsible for the presence of any prohibited drug or medication in such horses). Truesdail Laboratories reported that the urine and blood samples obtained from the horse "HARBOR FEVER" who finished second in the 5th race on April 1, 2017, at Fonner Park, Grand Island, Nebraska contained the Class Three drug 'TRIPELENNAMINE'.

Owner/Trainer Schuyler Condon is hereby fined the sum of Five Hundred Dollars ($500.00) and his horse "HARBOR FEVER" is disqualified from 2nd place and placed last.

The new order of finish for the 5th race on April 1, 2017 is: 1st #1, BUBBA LOOEY; 2nd #5, DOC RADKE; 3rd #2, GREENBACK DOLLAR; 4th #6, CHANGEOLEON, 5th #7, SHOOTER PETE; 6th #3, HARBOR FEVER.

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

Name: IGNACIO JORDAN Ruling Date: 4/23/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-10 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 17500 Fine Paid: N
Suspension Start: 4/4/2017 Suspension End: 5/19/2019
Ruling Text: Trainer Ignacio Jordan., having been duly notified, and appeared before the Board of Stewards on April 23, 2017, regarding a confirmed positive test for the Class 2A drug “Zilpaterol”, a Class 3B drug “Clenbuterol, and a Class 4 drug Dexamethasone which was found in sample NM 25187, after it was collected from the horse “Tarrant ” which finished 2nd in the 8th race, Mar 10, 2017, at Sunland Park Race Track; (The original lab report indicated a finding of Zilpaterol in the urine at 2.2 ng/ml, Clenbuterol at 169 pg/ml,and Dexamethasone in the blood at 75 pg/ml. Split sample rights, as provided in 15.2.6.10(D) NMAC were offered and declined by Ignacio Jordan.

Licensee is found in violation of : 15.2.6.9(C)(1) 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. For this 1st - Class 2A, 1st - Class 3B, and the 2nd - Class IV medication violation, the Board of Stewards assess Ignacio Jordan a penalty as follows. SUMMARY SUSPENTION 2017-SUN-170 CANCELLED AND REPLACED WITH THIS RULING

            1. A Two Year and 45 day suspension of all NMRC licenses starting April 4, 2017, through May 18, 2019, inclusive.
            2. Seventeen Thousand Five Hundred ($17500.00) dollar fine to paid on or before May 23, 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 “Tarrant” is placed on the Stewards list for a minimum period of 60 days (beginning Mar 29, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until it passes a commission approved veterinary examination with a negative blood and urine test.
            4. The horse “Tarrant” is hereby disqualified from 2nd PLACE and ordered unplaced in the 8th race on Mar. 10, 2017 at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
              1. Eaglelistic
              2. Famouseagletime
              3. Famous Jb
              4. Ultimate Return
              5. Apollitical Scandal
              6. Rock Hauler
              7. Zooming To a Win
              8. West Texas Dynasty
              9. A Special Dawn
Unplaced “TarrantThis 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." 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.” During said time of applicable suspension, Ignacio Jordanis 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 Ignacio Jordan 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):An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500.
Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 3/28/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-4 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
IN THE MATTER OF:
 TRAINER TAURINO GUTIERREZ, LICENSE NO. 56083817,
FOR POSITIVE SAMPLE #NM12849
OWNER JESUS MOYA
HORSE “JENNA’S MIRACLE”,
 
Respondents.
  
DECISION AND ORDER
 
            WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on March 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 “Jenna’s Miracle” shall be assessed penalties as follows with conditions as follows:
      1. Appellant Trainer Gutierrez 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 Gutierrez is assessed a suspension of one (1) year;
      3. Once eligible, Appellant Trainer Gutierrez must retake and pass the trainer’s test prior to the suspension of his license being lifted;
      4. Once eligible, Appellant Trainer Gutierrez 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 Gutierrez must request to be placed on the Agenda;
      5. Appellant Trainer Gutierrez 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 “Jenna’s Miracle” which placed 1st in the 5th race at Ruidoso Downs Race Track in Ruidoso Downs, NM on June 1, 2015;
      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 Gutierrez in accordance with law.  This Order will take effect on April 16, 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.
Date: ______3/28/2017______                         ____signed_____________________________
                                                            Chairman Ray Willis
     
 
Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 2/26/2019
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-4-FO Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2017-Comm-4 - Ruling Final Outcome

IN THE MATTER OF: TRAINER TAURINO G. GUTIERREZ, (ID#33130) FOR POSITIVE SAMPLE #NM12849 HORSE “JENNA’S MIRACLE” 2017-Comm-4-FO FINAL ORDER

Pursuant to the Opinion And Order issued by the Honorable Carl Butkus, District Court Judge, the Court reverses the decision of the New Mexico Racing Commission in the matter of Taurino G. Gutierrez. Therefore, the Commission’s Decision & Order #2017-Comm-4 issued on March 28, 2017 is hereby reversed and dismissed. It is ordered that Taurino G. Gutierrez: 1. Is restored to good standing; 2. The $25,000 is dismissed; and 3. The horse "Jenna's Miracle" be restored to 1st place in the 5th race that ran at Ruidoso Downs on June 1, 2015 and the purse shall be distributed accordingly. BY ORDER OF THE NEW MEXICO RACING COMMISSION DTD 2/26/19 ISMAEL TREJO, EXECUTIVE DIRECTOR

Name: JESUS MARIA SOTO Ruling Date: 2/7/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-80 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: 2/18/2017 Suspension End: 11/18/2017
Ruling Text: Trainer Jesus Soto having been duly notified and appeared before the Board of Stewards on February 7, 2017, for a hearing that was continued from February 4, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited compounded Class 3B drug stanozolol and the prohibited compounded Class 3B drug “16-OHstanozolol” a metabolite of stanozolol detected in horse “Valorus(test sample #NC26308) during Out Of Competition Testing on December 19, 2016, at Sunland Park Racetrack in Sunland Park NM . Stanozolol and “16-OHstanozolol” were confirmed in the split sample sent to Industrial Laborites on January 12, 2017. Melissa Soto, the owner of record for the horse “Valorus”, was duly notified and failed to appear for the hearing. This is Mrs. Soto’s SECOND Class 3B medication violation in a LIFETIME (Refer to 2016-RUI-136), issued in accordance with 15.2.6.9 (L)NMAC and 15.2.1.9(B)(4)(d). This penalty has aggravating circumstances which are:
      1. Stanozolol and “16-OHstanozolol” are compounded medications, and all compounded medications are prohibited in the state of New Mexico.
      2. Mr.Soto has prior medication volitions.
For this SIXTH Class 3B medication violation in a LIFETIME issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed Jesus Soto a penalty as follows.

    1. A 9 MONTH suspension of all NMRC licenses starting February 18, 2017, through November 18, 2017, inclusive.
    2. ($5,000) FIVE thousand 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(D)(5)(c), 15.2.6.9 (D)(6), and 15.2.6.9(D)(7),the horse “Valorus” was 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 prior to entry.

During said time of applicable suspension, Jesus Soto is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Jesus Soto 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(G)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(H)(1)(2) MEDICAL LABELING: 15.2.6.9 J (1-6) OUT OF COMPETITION TESTING/ 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)(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: 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: JOE HAWLEY Ruling Date: 9/15/2016
Jurisdiction: Nebraska Racing Commission Facility: Nebraska State Racing Commission
Ruling Number: -16- Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Joe Hawley having been verbally notified of a formal hearing to be held, and waiving his right to the hearing, is hereby fined the sum of Three Hundred Dollars ($300.00) for violation of Nebraska Racing Commission Rule 9.001.29 (Overage of the medication Phenylbutazone at a level of 8.2 mgml for the horse "BAISINGER TEUFEL" who finished 1st in the 3rd race on September 2, 2016 at Columbus Race Track, Columbus, Nebraska.)

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

Nebraska Racing Commission

_________________________________ Robert W. Pollock, State Steward

Name: JOEL MORALES VALERIANO Ruling Date: 8/27/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-179 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Joel Valeriano Jr having been duly notified and appeared before the Board of Stewards on August 27, 2016, for failure to declare equipment (Blinkers On) at time of entry for Hover Board, entered in the sixth race, on August 8, 2016, at Ruidoso Downs.

For this rule violation, the Board of Stewards assessed a penalty in the amount of fifty dollars ($ 50.00). The fine is to paid on or before September 27, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. Licensee is found to be in violation of:

NMAC: 15.2.5.8 (B10) Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JOEL MORALES VALERIANO Ruling Date: 7/31/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-133 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/31/2016 Suspension End: 7/31/2016
Ruling Text: Trainer JOEL MORALES VALERIANO,JR, having failed to pay the fines assessed in Ruling 2016-RUI-45.

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

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

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

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

Name: JOEL MORALES VALERIANO Ruling Date: 7/31/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-133-REST Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/31/2016 Suspension End: 7/31/2016
Ruling Text: RE: 2016-RUI-133 - Restored to Good Standing Fine paid
Name: JESUS G BELTRAN Ruling Date: 6/26/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-2 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer/Owner, Jesus G. Beltran, having been duly notified, and having appeared telephonically through attorney Gene Chavez before the Board of Stewards on 6/24/16, 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 NM19292, after it was collected from the horse "Separate Wild" which finished 1st in the 3rd race, April 24, 2016 at SunRay Park.
 (The original lab report indicated a finding of Clenbuterol in urine at 356pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and accepted by, Jesus G. Beltran. The split was confirmed positive by TVMDL with a finding of 308pg/ml +/- 16 pg/ml in urine). With this drug, no level of detection is allowed to be found in a post-race sample.
  
Jesus G. Beltran is found to be in violation of:
 15.2.6.9(D)(1) NMAC: A finding by the commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. Prohibited substances include: drugs or medications for which no acceptable levels have been established; therapeutic medications in excess of established acceptable levels; substances present in the horse in excess of levels at which such substances could occur naturally; substances foreign to a horse at levels that cause interference with testing procedures.
 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC:  Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse.  A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule.  The Trainer is absolutely responsible regardless of the acts of third party."
 
For this violation, the Board of Stewards assess Jesus G. Beltran a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 30 calendar days (July 7, 2016 through August 6, 2016,     
        Inclusive);
(2) A fine in the amount of one-thousand dollars ($1,000.00.);
(3) Loss of purse of the 3rd race, April 24, 2016, at SunRay Park.
New Order of Finish:     1st  Ugo Igo                                              4th  Shesalasting Runner
                                            2nd  Rasberry Cola                                5th Rabbit Trick
                                            3rd  Me Tuff                                             Unplaced: Separate Wild
 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, Jesus G. Beltran is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.
 
Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Jesus G. Beltran are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
 
                                                 BY ORDER OF THE DOWNS at ALBUQUERQUE BOARD OF STEWARDS
 
                  _____________________                                _______________________                                    _____________________        
                           steward                                                                  steward                                                                  steward
An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.  The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier's check, money order or personal check.
Name: JESUS G BELTRAN Ruling Date: 6/26/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-3 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer/Owner, Jesus G. Beltran, having been duly notified, and having appeared telephonically through attorney Gene Chavez before the Board of Stewards on 6/24/16, 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 NM19338, after it was collected from the horse "Miss Tessmocker" which finished 1st in the 6th race, April 29, 2016 at SunRay Park.
 
(The original lab report indicated a finding of Clenbuterol in urine at 705pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and accepted by, Jesus G. Beltran. The split was confirmed positive by TVMDL with a finding of 614pg/ml +/- 14 pg/ml in urine). With this drug, no level of detection is allowed to be found in a post-race sample.
 
Jesus G. Beltran is found to be in violation of:
 15.2.6.9(D)(1) NMAC: A finding by the commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. Prohibited substances include: drugs or medications for which no acceptable levels have been established; therapeutic medications in excess of established acceptable levels; substances present in the horse in excess of levels at which such substances could occur naturally; substances foreign to a horse at levels that cause interference with testing procedures.
 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC:  Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse.  A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule.  The Trainer is absolutely responsible regardless of the acts of third party."
 
For this violation, the Board of Stewards assess Jesus G. Beltran a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 90 calendar days, following suspension per 2016-DAA-2 (August 7, 2016 through November 5, 2016, Inclusive);
(2) A fine in the amount of twenty-five hundred dollars ($2,500.00.);
(3) Loss of purse of the 6th race, April 29, 2016, at SunRay Park. New Order of Finish:
 1st Swiss Star   5th Teller Im Working
 2nd Leo’s Storm   6th  Maken Dinero
 3rd Mitey Mystery Man  7th  Danzatleca  
 4th Dc Milk Shake Unplaced: Miss Tessmocker
 
This is a second offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. 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, Jesus G. Beltran is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.
 
Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Jesus G. Beltran are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
 
                                                  BY ORDER OF THE DOWNS at ALBUQUERQUE BOARD OF STEWARDS
  
                _____________________                                _______________________                                    _____________________        
                           steward                                                                  steward                                                                  steward
An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.  The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier's check, money order or personal check.
Name: JESUS G BELTRAN Ruling Date: 9/21/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-2-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-DAA-2 - Appeal Submitted
Name: JESUS G BELTRAN Ruling Date: 9/21/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-3-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-DAA-3 - Appeal Submitted
Name: JESUS G BELTRAN Ruling Date: 9/21/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-2-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-DAA-2 - Appeal Stay Granted Pending the Appeal Process
Name: JESUS G BELTRAN Ruling Date: 9/21/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-3-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
RE: 2016-DAA-3 - Appeal Stay Granted Pending the Appeal Process-
Appellant was ruled off from 8/7/2016 until 9/21/2016 when a stay was ordered by District Court
Appellant served 44 days.
Name: JESUS G BELTRAN Ruling Date: 3/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-3-MODPEN Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-DAA-3 - Modified Penalty BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO

IN THE MATTER OF THE APPEAL OF: TRAINER JESUS G. BELTRAN OWNER JORGE A. BELTRAN FOR POSITIVE SAMPLE #NM19388 FOR THE RULING NUMBER 2016-DAA-3 HORSE: “MISS TESSMOCKER” 2016-DDA-3

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) on February 21, 2019 on review of the Hearing Officer’s Report in the above-captioned matter pursuant to provisions of NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act. A hearing on the merits was held on October 22, 2018 before Hearing Officer Kevin Fitzwater, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was transcribed by Beverly Ann Schleimer of Williams and Associates, LLC, and the transcripts are in the custody of the Racing Commission. The administrative prosecutor for the New Mexico Racing Commission was Jose Puentes, Esq. At the time of the hearing, the Respondent was represented by Gene Chavez, Esq. A quorum of the Commission, having familiarized itself with the transcript of the October 22, 2018 hearing, the Hearing Officer’s Report, and the exhibits admitted into evidence, adopt Hearing Officer Fitzwater’s Findings of Fact and Conclusions of Law with one change to item 2 under Findings of Fact, and order the following:

FINDINGS OF FACT 1. On April 24, 2016, the horse "Seperate Wild" raced in the third (3rd) race at SunRay Park Racetrack located in Farmington, New Mexico, finishing in first (l5t) place. [Ex. 1; Tr. pgs. 47-48]. 2. On April 29, 2016, the horse "Miss Tessmocker" raced in the sixth (6th) race at SunRay Park Racetrack located in Farmington, New Mexico, finishing in first (lst) place. [Ex. 12; Tr. pgs. 65-66]. 3. On April 24, 2016, Licensee Jesus G. Beltran was the trainer and owner of "Separate Wild." [Ex. 1; Tr. pgs. 47-48]. 4. On April 29, 2016, Licensee Jesus G. Beltran was the trainer of "Miss Tessmocker." [Ex. 12; Tr. pgs. 65-66]. 5. On that day, Jorge A. Beltran and Jesus Beltran was the owner of "Miss Tessmocker." [Id.]. 6. Upon completion of the third (3rd) race at SunRay Park on April 24, 2016, "Seperate Wild" was designated by the racetrack Board of Stewards to have a urine sample taken at the test barn. [Ex. 10; Dr. England testimony, tr. pgs. 47-48]. 7. Upon completion of the sixth (6th) race at SunRay Park on April 29, 2016, "Miss Tessmocker" was designated by the racetrack Board of Stewards to have a urine sample taken at the test barn. [Ex. 12; Dr. England testimony, tr. pgs. 65-66] 8. A urine sample was collected from "Seperate Wild" in the test barn on April 24, 2016. The sample was assigned the code #NM 19292. [Ex. 10; Dr. England testimony, tr. pgs. 47-48]. 9. A urine sample was collected from "Miss Tessmocker" in the test barn on April 29, 2016. The sample was assigned the code #NM 19388. [Ex. 12; Dr. England testimony, tr. pgs. 65-66]. 10. Both horses were tested in conformity with established procedures under the supervision of Dr. England. [Ex. 10, 19; Dr. England testimony tr. pgs. 12-18]. 11. The taking, packaging and sealing of the samples were witnessed at all times by a representative of the Trainer, Jesus G. Beltran, and was supervised by Dr. England. [Id; Dr. England testimony tr. pg. 36]. 12. After being sealed, the samples were stored in a locked cooler. The cooler was stored in a locked freezer within a locked office inside the secured test barn. The cooler remained so stored until the samples were shipped. [Exhibit 10, 19; Dr. England testimony tr. pgs.16-17]. 13. The urine samples were shipped via UPS bonded courier to the Equine Analytical Chemistry Laboratory at the University of California, Davis (the "Laboratory.") [Exhibit 11, 20]. 14. The samples arrived without apparent defect. [Id.]. 15. Upon receipt, the Laboratory tested urine samples #NM 19292 and #NM 19388. [Id.]. 16. Using established procedures and protocol, The Laboratory screened the samples for the presence of drugs by the method of liquid chromatography/ mass spectrometry. [Ex. 11 and 20]. 17. The Laboratory identified the presence of Clenbuterol in the sample. [Id.]. 18. On April 24 and April 29, 2016, Clenbuterol was a banned substance. [Ex. 3, 13]. 19. By letters dated May 16, 2016, notice was provided individually to Trainer Jesus G. Beltran and Owner Jorge A. Beltran informing each of the positive test for Clenbuterol and of potential disciplinary penalties as a result. [Id.]. 20. Trainer Jesus G. Beltran was informed of his right to have a split sample tested. [Ex. 6-9, 16-18; Investigator Johnson testimony tr. pgs. 56-59, 70-72]. 21. Trainer Jesus G. Beltran did request that the splits for both samples be tested and submitted his request through the New Mexico Horseman's Association. [Id.]. 22. The split samples were retrieved and packed for shipment in the presence of a representative of the Association. [Id.]. 23. Referee lab Texas A&M Veterinary Medical Diagnostic Laboratory results confirmed the presence of Clenbuterol in the samples. [Ex. 6-9; Investigator Johnson testimony tr. pgs. 63-64, 70-73].

CONCLUSIONS OF LAW

A. This matter came properly before the Commission in accordance with NMSA 1978, Sections 60-1A-4(A)(8)(2007) and 60-1A-5(C)(2007) and the Hearing Officer held this as a de novo hearing. B. Notice was properly given, and the Commission has jurisdiction over the Respondents. C. The Commission rules are intended to "protect the integrity of horse racing, to ensure the health and welfare of race horses and to safeguard the interests of the public and the participants in racing." 15.2.6.6 NMAC. D. A positive test for a prohibited drug, medication or substance is prima facie evidence of a violation, as reported by a Commission approved laboratory, absent substantial evidence to the contrary. 15.2.6.11(A) NMAC. E. Any level of Clenbuterol is prohibited from being present in race horses. NMSA 1978, Section 60-lA-11(E) and 15.2.6.9 NMAC. F. The presence of Clenbuterol in the sample is prima facie evidence of a violation. NMSA 1978 Section, 60-lA-11(E), 15.2.6.9 NMAC and 15.2.6.11(A) NMAC. G. The Trainer is the "absolute insurer" of the condition of the horse entered in an official race and is responsible for the presence of any prohibited drug, medication or other substance. 15.2.6.11(A) NMAC. H. Test results are admissible upon the Prosecution establishing the identity of the sample with reasonable certainty. Claridge v. New Mexico State Racing Comm'n, 1988-NMCA-056, 107 N.M. 632, 763 P.2d 66. I. The penalty for a trainer's first class 3B violation is a minimum 15-day suspension absent mitigating circumstances and a minimum fine of $500 absent mitigating circumstances. J. The penalty for an owner's Class 3B violation is disqualification, loss of purse [in the absence of mitigating circumstances], and the horse must pass a commission-approved examination before becoming eligible to be entered. K. There are no mitigating circumstances.

ORDER

It is the opinion of the New Mexico Racing Commission that the following be imposed against Respondents:

As to Owner Jesus G. Beltran: 1. The horse "Seperate Wild" is placed on the Veterinarian’s list and must pass a commission approved exam. 2. The loss of purse for the 3rd race on April 24, 2016 at SunRay Park Racetrack. 3. The horse "Seperate Wild" is disqualified for the 3rd race on April 24, 2016 at SunRay Park Racetrack. As to Owner Jorge A. Beltran: 1. The horse "Miss Tessmocker" is placed on the Veterinarian’s list and must pass a commission approved exam. 2. The loss of purse for the 6th race on April 29, 2016 at SunRay Park Racetrack. 3. The horse "Miss Tessmocker" is disqualified from the 6th race on April 29, 2016 at SunRay Park Racetrack.

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

IT IS SO ORDERED.

Date: __3/22/2019____ Chairman Willis:___________SIGNED _______

Name: JESUS G BELTRAN Ruling Date: 3/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-2-MODPEN Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-DAA-2 - Modified Penalty
Name: JESUS G BELTRAN Ruling Date: 3/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-2-AFF Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-DAA-2 - Penalty Affirmed BEFORE THE NEW MEXICO RACING COMMISSION
STATE OF NEW MEXICO

IN THE MATTER OF THE APPEAL OF: TRAINER JESUS G. BELTRAN OWNER JORGE A. BELTRAN FOR POSITIVE SAMPLE #NM19388 FOR THE RULING NUMBER 2016-DAA-3 HORSE: “MISS TESSMOCKER” 2016-DDA-2-AFF

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) on February 21, 2019 on review of the Hearing Officer’s Report in the above-captioned matter pursuant to provisions of NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act. A hearing on the merits was held on October 22, 2018 before Hearing Officer Kevin Fitzwater, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was transcribed by Beverly Ann Schleimer of Williams and Associates, LLC, and the transcripts are in the custody of the Racing Commission. The administrative prosecutor for the New Mexico Racing Commission was Jose Puentes, Esq. At the time of the hearing, the Respondent was represented by Gene Chavez, Esq. A quorum of the Commission, having familiarized itself with the transcript of the October 22, 2018 hearing, the Hearing Officer’s Report, and the exhibits admitted into evidence, adopt Hearing Officer Fitzwater’s Findings of Fact and Conclusions of Law with one change to item 2 under Findings of Fact, and order the following:

FINDINGS OF FACT 1. On April 24, 2016, the horse "Seperate Wild" raced in the third (3rd) race at SunRay Park Racetrack located in Farmington, New Mexico, finishing in first (l5t) place. [Ex. 1; Tr. pgs. 47-48]. 2. On April 29, 2016, the horse "Miss Tessmocker" raced in the sixth (6th) race at SunRay Park Racetrack located in Farmington, New Mexico, finishing in first (lst) place. [Ex. 12; Tr. pgs. 65-66]. 3. On April 24, 2016, Licensee Jesus G. Beltran was the trainer and owner of "Separate Wild." [Ex. 1; Tr. pgs. 47-48]. 4. On April 29, 2016, Licensee Jesus G. Beltran was the trainer of "Miss Tessmocker." [Ex. 12; Tr. pgs. 65-66]. 5. On that day, Jorge A. Beltran and Jesus Beltran was the owner of "Miss Tessmocker." [Id.]. 6. Upon completion of the third (3rd) race at SunRay Park on April 24, 2016, "Seperate Wild" was designated by the racetrack Board of Stewards to have a urine sample taken at the test barn. [Ex. 10; Dr. England testimony, tr. pgs. 47-48]. 7. Upon completion of the sixth (6th) race at SunRay Park on April 29, 2016, "Miss Tessmocker" was designated by the racetrack Board of Stewards to have a urine sample taken at the test barn. [Ex. 12; Dr. England testimony, tr. pgs. 65-66] 8. A urine sample was collected from "Seperate Wild" in the test barn on April 24, 2016. The sample was assigned the code #NM 19292. [Ex. 10; Dr. England testimony, tr. pgs. 47-48]. 9. A urine sample was collected from "Miss Tessmocker" in the test barn on April 29, 2016. The sample was assigned the code #NM 19388. [Ex. 12; Dr. England testimony, tr. pgs. 65-66]. 10. Both horses were tested in conformity with established procedures under the supervision of Dr. England. [Ex. 10, 19; Dr. England testimony tr. pgs. 12-18]. 11. The taking, packaging and sealing of the samples were witnessed at all times by a representative of the Trainer, Jesus G. Beltran, and was supervised by Dr. England. [Id; Dr. England testimony tr. pg. 36]. 12. After being sealed, the samples were stored in a locked cooler. The cooler was stored in a locked freezer within a locked office inside the secured test barn. The cooler remained so stored until the samples were shipped. [Exhibit 10, 19; Dr. England testimony tr. pgs.16-17]. 13. The urine samples were shipped via UPS bonded courier to the Equine Analytical Chemistry Laboratory at the University of California, Davis (the "Laboratory.") [Exhibit 11, 20]. 14. The samples arrived without apparent defect. [Id.]. 15. Upon receipt, the Laboratory tested urine samples #NM 19292 and #NM 19388. [Id.]. 16. Using established procedures and protocol, The Laboratory screened the samples for the presence of drugs by the method of liquid chromatography/ mass spectrometry. [Ex. 11 and 20]. 17. The Laboratory identified the presence of Clenbuterol in the sample. [Id.]. 18. On April 24 and April 29, 2016, Clenbuterol was a banned substance. [Ex. 3, 13]. 19. By letters dated May 16, 2016, notice was provided individually to Trainer Jesus G. Beltran and Owner Jorge A. Beltran informing each of the positive test for Clenbuterol and of potential disciplinary penalties as a result. [Id.]. 20. Trainer Jesus G. Beltran was informed of his right to have a split sample tested. [Ex. 6-9, 16-18; Investigator Johnson testimony tr. pgs. 56-59, 70-72]. 21. Trainer Jesus G. Beltran did request that the splits for both samples be tested and submitted his request through the New Mexico Horseman's Association. [Id.]. 22. The split samples were retrieved and packed for shipment in the presence of a representative of the Association. [Id.]. 23. Referee lab Texas A&M Veterinary Medical Diagnostic Laboratory results confirmed the presence of Clenbuterol in the samples. [Ex. 6-9; Investigator Johnson testimony tr. pgs. 63-64, 70-73].
CONCLUSIONS OF LAW A. This matter came properly before the Commission in accordance with NMSA 1978, Sections 60-1A-4(A)(8)(2007) and 60-1A-5(C)(2007) and the Hearing Officer held this as a de novo hearing. B. Notice was properly given, and the Commission has jurisdiction over the Respondents. C. The Commission rules are intended to "protect the integrity of horse racing, to ensure the health and welfare of race horses and to safeguard the interests of the public and the participants in racing." 15.2.6.6 NMAC. D. A positive test for a prohibited drug, medication or substance is prima facie evidence of a violation, as reported by a Commission approved laboratory, absent substantial evidence to the contrary. 15.2.6.11(A) NMAC. E. Any level of Clenbuterol is prohibited from being present in race horses. NMSA 1978, Section 60-lA-11(E) and 15.2.6.9 NMAC. F. The presence of Clenbuterol in the sample is prima facie evidence of a violation. NMSA 1978 Section, 60-lA-11(E), 15.2.6.9 NMAC and 15.2.6.11(A) NMAC. G. The Trainer is the "absolute insurer" of the condition of the horse entered in an official race and is responsible for the presence of any prohibited drug, medication or other substance. 15.2.6.11(A) NMAC. H. Test results are admissible upon the Prosecution establishing the identity of the sample with reasonable certainty. Claridge v. New Mexico State Racing Comm'n, 1988-NMCA-056, 107 N.M. 632, 763 P.2d 66. I. The penalty for a trainer's first class 3B violation is a minimum 15-day suspension absent mitigating circumstances and a minimum fine of $500 absent mitigating circumstances. J. The penalty for an owner's Class 3B violation is disqualification, loss of purse [in the absence of mitigating circumstances], and the horse must pass a commission-approved examination before becoming eligible to be entered. K. There are no mitigating circumstances.
ORDER It is the opinion of the New Mexico Racing Commission that the following be imposed against Respondents: As to Owner Jesus G. Beltran: 1. The horse "Seperate Wild" is placed on the Veterinarian’s list and must pass a commission approved exam. 2. The loss of purse for the 3rd race on April 24, 2016 at SunRay Park Racetrack. 3. The horse "Seperate Wild" is disqualified for the 3rd race on April 24, 2016 at SunRay Park Racetrack. As to Owner Jorge A. Beltran: 1. The horse "Miss Tessmocker" is placed on the Veterinarian’s list and must pass a commission approved exam. 2. The loss of purse for the 6th race on April 29, 2016 at SunRay Park Racetrack. 3. The horse "Miss Tessmocker" is disqualified from the 6th race on April 29, 2016 at SunRay Park Racetrack. This Decision and Order shall be served upon Respondent in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. IT IS SO ORDERED.

Date: __3/22/2019____ Chairman Willis:___________SIGNED _______

Name: JESUS G BELTRAN Ruling Date: 3/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-3-AFF Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-DAA-3 - Penalty AffirmedRE: 2016-DAA-3 - Modified Penalty BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO

IN THE MATTER OF THE APPEAL OF: TRAINER JESUS G. BELTRAN OWNER JORGE A. BELTRAN FOR POSITIVE SAMPLE #NM19388 FOR THE RULING NUMBER 2016-DAA-3 HORSE: “MISS TESSMOCKER” 2016-DDA-3

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) on February 21, 2019 on review of the Hearing Officer’s Report in the above-captioned matter pursuant to provisions of NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act. A hearing on the merits was held on October 22, 2018 before Hearing Officer Kevin Fitzwater, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was transcribed by Beverly Ann Schleimer of Williams and Associates, LLC, and the transcripts are in the custody of the Racing Commission. The administrative prosecutor for the New Mexico Racing Commission was Jose Puentes, Esq. At the time of the hearing, the Respondent was represented by Gene Chavez, Esq. A quorum of the Commission, having familiarized itself with the transcript of the October 22, 2018 hearing, the Hearing Officer’s Report, and the exhibits admitted into evidence, adopt Hearing Officer Fitzwater’s Findings of Fact and Conclusions of Law with one change to item 2 under Findings of Fact, and order the following:

FINDINGS OF FACT 1. On April 24, 2016, the horse "Seperate Wild" raced in the third (3rd) race at SunRay Park Racetrack located in Farmington, New Mexico, finishing in first (l5t) place. [Ex. 1; Tr. pgs. 47-48]. 2. On April 29, 2016, the horse "Miss Tessmocker" raced in the sixth (6th) race at SunRay Park Racetrack located in Farmington, New Mexico, finishing in first (lst) place. [Ex. 12; Tr. pgs. 65-66]. 3. On April 24, 2016, Licensee Jesus G. Beltran was the trainer and owner of "Separate Wild." [Ex. 1; Tr. pgs. 47-48]. 4. On April 29, 2016, Licensee Jesus G. Beltran was the trainer of "Miss Tessmocker." [Ex. 12; Tr. pgs. 65-66]. 5. On that day, Jorge A. Beltran and Jesus Beltran was the owner of "Miss Tessmocker." [Id.]. 6. Upon completion of the third (3rd) race at SunRay Park on April 24, 2016, "Seperate Wild" was designated by the racetrack Board of Stewards to have a urine sample taken at the test barn. [Ex. 10; Dr. England testimony, tr. pgs. 47-48]. 7. Upon completion of the sixth (6th) race at SunRay Park on April 29, 2016, "Miss Tessmocker" was designated by the racetrack Board of Stewards to have a urine sample taken at the test barn. [Ex. 12; Dr. England testimony, tr. pgs. 65-66] 8. A urine sample was collected from "Seperate Wild" in the test barn on April 24, 2016. The sample was assigned the code #NM 19292. [Ex. 10; Dr. England testimony, tr. pgs. 47-48]. 9. A urine sample was collected from "Miss Tessmocker" in the test barn on April 29, 2016. The sample was assigned the code #NM 19388. [Ex. 12; Dr. England testimony, tr. pgs. 65-66]. 10. Both horses were tested in conformity with established procedures under the supervision of Dr. England. [Ex. 10, 19; Dr. England testimony tr. pgs. 12-18]. 11. The taking, packaging and sealing of the samples were witnessed at all times by a representative of the Trainer, Jesus G. Beltran, and was supervised by Dr. England. [Id; Dr. England testimony tr. pg. 36]. 12. After being sealed, the samples were stored in a locked cooler. The cooler was stored in a locked freezer within a locked office inside the secured test barn. The cooler remained so stored until the samples were shipped. [Exhibit 10, 19; Dr. England testimony tr. pgs.16-17]. 13. The urine samples were shipped via UPS bonded courier to the Equine Analytical Chemistry Laboratory at the University of California, Davis (the "Laboratory.") [Exhibit 11, 20]. 14. The samples arrived without apparent defect. [Id.]. 15. Upon receipt, the Laboratory tested urine samples #NM 19292 and #NM 19388. [Id.]. 16. Using established procedures and protocol, The Laboratory screened the samples for the presence of drugs by the method of liquid chromatography/ mass spectrometry. [Ex. 11 and 20]. 17. The Laboratory identified the presence of Clenbuterol in the sample. [Id.]. 18. On April 24 and April 29, 2016, Clenbuterol was a banned substance. [Ex. 3, 13]. 19. By letters dated May 16, 2016, notice was provided individually to Trainer Jesus G. Beltran and Owner Jorge A. Beltran informing each of the positive test for Clenbuterol and of potential disciplinary penalties as a result. [Id.]. 20. Trainer Jesus G. Beltran was informed of his right to have a split sample tested. [Ex. 6-9, 16-18; Investigator Johnson testimony tr. pgs. 56-59, 70-72]. 21. Trainer Jesus G. Beltran did request that the splits for both samples be tested and submitted his request through the New Mexico Horseman's Association. [Id.]. 22. The split samples were retrieved and packed for shipment in the presence of a representative of the Association. [Id.]. 23. Referee lab Texas A&M Veterinary Medical Diagnostic Laboratory results confirmed the presence of Clenbuterol in the samples. [Ex. 6-9; Investigator Johnson testimony tr. pgs. 63-64, 70-73].

CONCLUSIONS OF LAW

A. This matter came properly before the Commission in accordance with NMSA 1978, Sections 60-1A-4(A)(8)(2007) and 60-1A-5(C)(2007) and the Hearing Officer held this as a de novo hearing. B. Notice was properly given, and the Commission has jurisdiction over the Respondents. C. The Commission rules are intended to "protect the integrity of horse racing, to ensure the health and welfare of race horses and to safeguard the interests of the public and the participants in racing." 15.2.6.6 NMAC. D. A positive test for a prohibited drug, medication or substance is prima facie evidence of a violation, as reported by a Commission approved laboratory, absent substantial evidence to the contrary. 15.2.6.11(A) NMAC. E. Any level of Clenbuterol is prohibited from being present in race horses. NMSA 1978, Section 60-lA-11(E) and 15.2.6.9 NMAC. F. The presence of Clenbuterol in the sample is prima facie evidence of a violation. NMSA 1978 Section, 60-lA-11(E), 15.2.6.9 NMAC and 15.2.6.11(A) NMAC. G. The Trainer is the "absolute insurer" of the condition of the horse entered in an official race and is responsible for the presence of any prohibited drug, medication or other substance. 15.2.6.11(A) NMAC. H. Test results are admissible upon the Prosecution establishing the identity of the sample with reasonable certainty. Claridge v. New Mexico State Racing Comm'n, 1988-NMCA-056, 107 N.M. 632, 763 P.2d 66. I. The penalty for a trainer's first class 3B violation is a minimum 15-day suspension absent mitigating circumstances and a minimum fine of $500 absent mitigating circumstances. J. The penalty for an owner's Class 3B violation is disqualification, loss of purse [in the absence of mitigating circumstances], and the horse must pass a commission-approved examination before becoming eligible to be entered. K. There are no mitigating circumstances.

ORDER

It is the opinion of the New Mexico Racing Commission that the following be imposed against Respondents:

As to Owner Jesus G. Beltran: 1. The horse "Seperate Wild" is placed on the Veterinarian’s list and must pass a commission approved exam. 2. The loss of purse for the 3rd race on April 24, 2016 at SunRay Park Racetrack. 3. The horse "Seperate Wild" is disqualified for the 3rd race on April 24, 2016 at SunRay Park Racetrack. As to Owner Jorge A. Beltran: 1. The horse "Miss Tessmocker" is placed on the Veterinarian’s list and must pass a commission approved exam. 2. The loss of purse for the 6th race on April 29, 2016 at SunRay Park Racetrack. 3. The horse "Miss Tessmocker" is disqualified from the 6th race on April 29, 2016 at SunRay Park Racetrack.

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

IT IS SO ORDERED.

Date: __3/22/2019____ Chairman Willis:___________SIGNED _______

Name: JOEL MORALES VALERIANO Ruling Date: 6/25/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-45 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 Joel Valeriano having appeared before the Board of Stewards on June 19, 2016, for administering medication (via nebulizer) to your horse, Miss Valiant Hero V, within 24 hours prior to the7th race on May 28, 2016, which resulted in a late scratch and mutual refunding. For this violation, the Board of Stewards assessed Joel Valeriano a fine in the amount of five hundred dollars, ($500.00). The fine is to be paid on or before July 25, 2016, in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension Trainer Joel Valeriano is found to be in violation of. 16.47.1.8 (L)(h) NMAC – Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing”; 15.2.6.9 (D) (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.
Name: ELEUTERIO SANTANA MIRELES Ruling Date: 6/23/2016
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 24-2016 DE Ruling Type: Unlicensed Participant
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/23/2016 Suspension End:
Ruling Text: 24-2016

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

Name: LAWRENCE DEAN DONLIN Ruling Date: 5/9/2016
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: FON-18 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Larry Donlin, Jr having received proper notice of hearing and appeared before the Fonner Park Board of Stewards for alleged violation of Nebraska State Racing Comission Rule 18.011 (The trainer is the absolute insurer of the condition of all horses trained and entered in a race and is responsible for the presence of any drugs or medication of such horses). Mr. Donlin received a positive test of the drug Flunixin at a level of 1.3 + 0.1 ng/mg from Truesdail Laboratories, Inc. for the horse "FINAL ATTEMPT" who finished 1st in the First (1) race at Fonner Park April 24, 2016.

Mr Donlin, Jr. receives a written warning, the blood and urine samples did not exceed the threshold concentrations specified by the ARCI drug testing standards and practices program.

Name: DAVID CHARLES ANDERSON Ruling Date: 5/5/2016
Jurisdiction: Nebraska Racing Commission Facility: Nebraska State Racing Commission
Ruling Number: 2016-# -8- Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer David C. Anderson's positive test of 'METHYLPREDNISOLONE' for the horse "HEROWINSTHESPOILS" who finished 1st in the 1st race on February 28, 2016, at Fonner Park has been referred to the Nebraska Racing Commission.

After considering the evidence and testimony the Nebraska Racing Commission hereby issues a written warning to Trainer David C. Anderson for violation of Nebraska Racing Commission Rule 18.011 (Trainer is the absolute insurer of all horses trained and entered in a race and is responsible for the presence of any drug or medication of such horses.)

Name: DAVID CHARLES ANDERSON Ruling Date: 5/5/2016
Jurisdiction: Nebraska Racing Commission Facility: Nebraska State Racing Commission
Ruling Number: 2016 # -9- Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer David C. Anderson's positive test of 'METHYLPREDNISOLONE' for the horse "SO CONTAGIOUS" who finished 1st in the 5th race on March 5, 2016, at Fonner Park has been referred to the Nebraska Racing Commission.

After considering the evidence and testimony the Nebraska Racing Commission hereby issues a written warning to Trainer David C. Anderson for violation of Nebraska Racing Commission Rule 18.011 (Trainer is the absolute insurer of all horses trained and entered in a race and is responsible for the presence of any drug or medication of such horses.)

.

Name: ELLIOTT LLOYD BACHICHA Ruling Date: 2/27/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-113 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer, Elliot Bachicha, having been duly notified, and having appeared by telephone before the Board of Stewards February 26, 2016 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class IV Category C drug "Isopredone", which was taken from horse “Shesalasting Runner” (sample NM15240) who finished second place in the 3rd race on September 16, 2015 at The Downs Of Albuquerque.(The original lab report indicated a finding of Isopredone at a level of 180 pg/ml. The allowable limit is 100 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and accepted by, Elliot Bachicha. The split was confirmed positive by Texas A&M with a finding of 190 ±7 pg/ml). Elliot Bachicha is also the owner of record for Shesalasting Runner and has been found 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, Revised April 17, 2014. The level for Methylprednisolone is 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."

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

Second offense (Trainer) in a Class C category (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $1,500 and 15 day suspension. Second Lifetime offense (365-day period) in any jurisdiction: disqualification, loss of purse and horse must pass a commission approved examination before becoming eligible to be entered. For this second violation in a 365 day period, the Board of Stewards assessed: (1) After consulting with the chief medical director, the Board of Stewards waived the 15 day suspension due to mitigating circumstances, a slight overage. (2) A fine in the amount of one-thousand dollars ($1,000.00.); (3) Disqualification and loss of purse of the 3rd race on September 16, 2015 at The Downs Of Albuquerque. Order of finish is as fallows:

      1. Buccanneer Angel
      2. WDC Vital Sound
      3. Miz Good Friday
      4. What a Zoomer
      5. Rp Jets Azoomen
      6. Takin First Lien
      7. Ac Back in Black
      8. Gold Modelo
      9. Departist
UNPLACED: Shesalasting Runner (4) Horse Shesalasting Runner must pass a commission approved vet exam before being eligible to enter. This is a second 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 April 7, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay said fine may result in immediate suspension.

Name: LUIS A PEREZ Ruling Date: 11/24/2015
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2015-CT-208 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/24/2015 Suspension End:
Ruling Text: failed to present legal proof of citizenship
Name: ELLIOTT LLOYD BACHICHA Ruling Date: 8/11/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-132 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Owner/Trainer Elliot Bachicha having been duly notified, and appeared telephonically 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 NM11489, after it was collected from the horse, "Smafricate" which finished 2nd in the 2nd race, Febuary 9, 2015 at Sunland Park.

(The original lab report indicated a finding of Dexemethasone at 276 pg/ml in blood/serum. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and denied by Elliot Bachicha)

Trainer/Owner Elliot Bachicha 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 Owner/Trainer Elliot Bachicha a penalty as follows;

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

In addition “SMAFRICATE" 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 for owner and trainer 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: JAMES JULIAN GONZALES Ruling Date: 5/17/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-100 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 5/27/2015 Suspension End: 11/23/2015
Ruling Text:
Trainer James Julian Gonzales II, having been duly notified, and having been represented by counsel Brian Hess before the Board of Stewards on May 13, 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 NM08573, after it was collected from the horse "Famous Slew" which finished third in the 1st race, September 17, 2014 at the Downs at Albuquerque.

(The original lab report indicated a finding of Clenbuterol at 489 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and accepted by, James Julian Gonzales II. The split was confirmed positive by Texas A&M with a finding of 382 pg/ml in urine).

Trainer James Julian Gonzales II is found to be in violation of:

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

15.2.6.9 (P) NMAC: Which states in pertinent part the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective April 20, 2012, in which states in part "Clenbuterol in a post race test that exceeds the screening limit of 140 pg/ml in urine, or 2 pg/ml in serum/plasma will constitute a violation of NMSRC rules. A subsequent published, posted, and distributed memo dated April 26, 2013, stated the criteria for Clenbuterol remained in effect".

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

For this violation, the Board of Stewards assessed James Julian Gonzales II a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 180 calendar days (May 27, 2015 through November 23, 2015 inclusive);
(2) A fine in the amount of twenty five-hundred, dollars ($2,500.);
(3) Loss of purse of the 1st race, September 17, 2014 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)(2)(b) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: JAMES JULIAN GONZALES Ruling Date: 5/26/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-100-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 5/27/2015 Suspension End: 11/23/2015
Ruling Text: RE: 2015-DAA-100 - Appeal Submitted
Name: JAMES JULIAN GONZALES Ruling Date: 6/11/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-100-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 5/27/2015 Suspension End: 11/23/2015
Ruling Text: RE: 2015-DAA-100 - Appeal Stay Granted Pending the Appeal Process
Name: JAMES JULIAN GONZALES Ruling Date: 2/21/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-100-SA Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 5/27/2015 Suspension End: 11/23/2015
Ruling Text:
RE: 2015-DAA-100 - Settlement Agreement
Please see attached
Name: JOSE L MUELA Ruling Date: 10/11/2014
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2014-DAA-82 Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Horse
Fine Amount: $ 1950 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer, Jose Luis Muela having fulfilled the conditions required in Ruling #0095614 and paid various other fines which were due making the total amount of fines paid one thousand nine hundred and fifty dollars ($ 1,950.00), is hereby reinstated, and restored, as of this Saturday, October 11, 2014.



Name: ROBERT MUNZER Ruling Date: 3/11/2014
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2014-CT-53 Ruling Type: Reinstatement With a Conditional License
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Restored to good standing having complied with the Board of Stewards Ruling #330. Mr. Munzer must remain compliant to the backside alcohol/drug program and be subject to testing at the discretion of the Stewards.
Name: JAMES JULIAN GONZALES Ruling Date: 1/25/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3120514 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 2/5/2014 Suspension End: 4/5/2014
Ruling Text:
JAMES JULIAN GONZALES Il(DOB: 07/21/1976 LICENSE #:46079699) having been duly notified, and having telephonically appeared before the Boa rd 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 Ill drug "16-Hydroxystanozolol/Winstrol-V", which was found in sample NM03184, after it was collected from the horse "DUST FROM HEAVEN" which finished first in the 3rd race, Saturday October 12, 2013, at Zia Pa rk;

(The original la b report indicated a finding of 16-Hyd roxystanozolol (Winsh'ol-V) at 1.8 ng/ml. Split sampling rights, per 15.2.6.10 (D) NMAC were afforded to, and said split results from Ind ustrial Labs indicated a confirmed finding of 16- Hydroxystanozolol/Winstrol-V at 1 . 89 ng/ml

JAMES J. GONZALES found to be in violation of:

15.2.6.9(D)0-2-3) 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 prim a 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 (1)(2 NMAC: Which states in pertinent part: Concentrations of Andrgenic-Anabolic Steroids (AAS) shall not exceed the following urine threshold concentrations for total (i.e., free drug or metabolite and drug or metabolite liberated from its conjugates): a) 16B­ hydroxystanozolol {metabolite of sta nozolol (Winstrol) - I ng/ml in urine for all horses regardless of sex".

15.2.6.l l(A) NMAC and 16.47. 1.IOffi)(l) 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 d rug or medication, or other prohibited
substance in such horse. A positive test for a prohibited d rug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the com mission approved laboratory is prim a facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

For tbis violation the Board of Stewards assessed JUAN M. ESQU IVEL a pena lty as follows:
  1. A suspension of any/all NMSRC issued licenses for a period of 60 calendar days (February 5, 2014 through April 5, 2014, inclusive);
  2. A fine in the amount of one-thousand, dollars ($1,000.00);
  3. Loss of purse of the 3rd race, Saturday, October 12, 2013, at Zia Park;

This is a f irst offense positive test violation i n the past 365 da y 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 J 5.2.3.8(B)(3)(1) NMAC.

During said time of applicable suspension, JAMES J. GONZALES is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(2l)(a-b) NMAC, and 15.2.3.8 (B)(3)(t) NMAC.

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

(Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings 3121514 and 3122514 issued this date, at Sunland Park).
Name: FREDERICK LEE TARMON Ruling Date: 7/30/2014
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2014-CT-334 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/26/2013 Suspension End:
Ruling Text:
Suspended for failing to refusing to submit urine/drug test. Can reaply in 30 days
Name: LUIS A PEREZ Ruling Date: 4/8/2009
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-132 Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 1/14/2016 Suspension End: 2/12/2016
Ruling Text: Jockey Luis Perez, D.O.B. 12/27/80 Permit No. 30704, is fined One ($1000.) Thousand Dollars and is suspended for thirty (30) days beginning Thursday, April 9,2009 through and including Friday, May 8, 2009, for being found in violation of Rules of Racing as follows:

178-1-60.1 A person guilty of any dishonest or corrupt practices, fraudulent act, or. Other conduct detrimental to racing, committed while within or without any racing enclosure, whether an occupational permit holder or not, shall be removed from all racing grounds under the jurisdiction of the Racing Commission. It is the duty of the stewards and those authorized.by them to exclude from all places under their jurisdiction persons who commit the offenses.

178-1-60.5 No person shall conspire with any other person for the commission of a corrupt or fraudulent act or practice, or connive with any other person in any corrupt or fraudulent practice in relation to racing nor commit an act on his or her own account.

178-1-60.16 No person who is of ill repute or whose conduct at a race track in West Virginia or elsewhere is or has been improper, obnoxious, unbecoming or detrimental to the best interest of racing shall enter or remain upon the premises of any licensed association conducting a race meeting under the jurisdiction of the Racing Commission. The stewards shall fine, suspend or eject the person from the race track.

178-1-63.3 If the overweight is more than two (2) pounds in excess of the weight the horse is to carry, with the owner or trainer consenting, the jockey shall declare the amount of overweight to the clerk of the scales at the time appointed. The clerk shall have the overweight displayed immediately on the notice board or announce publicly. The judges shall report to the Stewards any failure on the part of any jockey to comply with this subsection.

Having been found guilty of dishonest acts in relation to conspiring along with the Clerk of Scales and on his own account failing to report proper and correct overweight and fraudulently doing his assigned weight, (doing unreported overweights).

By Order of the Stewards

Name: LARRY CHARLES REYNOLDS Ruling Date: 4/8/2009
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-135 Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 4/9/2009 Suspension End: 5/8/2009
Ruling Text: Jockey Lawrence C. Reynolds, D.O.B. 12/26/69 Permit No. 34744, is fined One ($1000.) Thousand Dollars and is suspended for thirty (30) days beginning Thursday, April 9,2009 through and including Friday, May 8, 2009, for being found in violation of Rules of Racing as follows:

178-1-60.1 A person guilty of any dishonest or corrupt practices, fraudulent act, or. Other conduct detrimental to racing, committed while within or without any racing enclosure, whether an occupational permit holder or not, shall be removed from all racing grounds under the jurisdiction of the Racing Commission. It is the duty of the stewards and those authorized.by them to exclude from all places under their jurisdiction persons who commit the offenses.

178-1-60.5 No person shall conspire with any other person for the commission of a corrupt or fraudulent act or practice, or connive with any other person in any corrupt or fraudulent practice in relation to racing nor commit an act on his or her own account.

178-1-60.16 No person who is of ill repute or whose conduct at a race track in West Virginia or elsewhere is or has been improper, obnoxious, unbecoming or detrimental to the best interest of racing shall enter or remain upon the premises of any licensed association conducting a race meeting under the jurisdiction of the Racing Commission. The stewards shall fine, suspend or eject the person from the race track.

178-1-63.3 If the overweight is more than two (2) pounds in excess of the weight the horse is to carry, with the owner or trainer consenting, the jockey shall declare the amount of overweight to the clerk of the scales at the time appointed. The clerk shall have the overweight displayed immediately on the notice board or announce publicly. The judges shall report to the Stewards any failure on the part of any jockey to comply with this subsection.

Having been found guilty of dishonest acts in relation to conspiring along with the Clerk of Scales and on his own account failing to report proper and correct overweight and fraudulently doing his assigned weight, (doing unreported overweights).

By Order of the Stewards

Name: LUIS A PEREZ Ruling Date: 9/2/2014
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-132-ACC Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 1/14/2016 Suspension End: 2/12/2016
Ruling Text: RE: 2009-CT-132 - Appeal Submitted to Circuit Court
Name: LUIS A PEREZ Ruling Date: 9/2/2014
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-132-RO Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 1/14/2016 Suspension End: 2/12/2016
Ruling Text: RE: 2009-CT-132 - Ruling Overturned -- The respondents appealed the Commission’s decision to the Circuit Court of Kanawha County which reversed and vacated the Commission’s order in its September 2, 2014, final order. The circuit court found that the Commission engaged in improper rule-making by defining two terms in an administrative rule, and that the retroactive application of the new rule to the respondents’ conduct was unlawful.
Name: LUIS A PEREZ Ruling Date: 11/3/2015
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-132-ACOMM Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 1/14/2016 Suspension End: 2/12/2016
Ruling Text: RE: 2009-CT-132 - Appeal Submitted by Commission
Name: LUIS A PEREZ Ruling Date: 11/18/2015
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-132-FO Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 1/14/2016 Suspension End: 2/12/2016
Ruling Text: RE: 2009-CT-132 - Ruling Final Outcome

Appeal from the Circuit Court of Kanawha County The Honorable Paul Zakaib, Jr., Judge Civil Action No. 09-C-688

REVERSED

SYLLABUS BY THE COURT

1. “On appeal of an administrative order from a circuit court, this Court is bound by the statutory standards contained in W. Va. Code § 29A-5-4(a) and reviews questions of law presented de novo; findings of fact by the administrative officer are accorded deference unless the reviewing court believes the findings to be clearly wrong.” Syl. pt. 1, Muscatell v. Cline, 196 W. Va. 588, 474 S.E.2d 518 (1996).

2. “In cases where the circuit court has amended the result before the administrative agency, this Court reviews the final order of the circuit court and the ultimate disposition by it of an administrative law case under an abuse of discretion standard and reviews questions of law de novo.” Syl. pt. 2, Muscatell v. Cline, 196 W. Va. 588, 474 S.E.2d 518 (1996).

3. “In the absence of any definition of the intended meaning of words or terms used in a legislative enactment, they will, in the interpretation of the act, be given their common, ordinary and accepted meaning in the connection in which they are used.” Syl. pt. 1, Miners v. Hix, 123 W. Va. 637, 17 S.E.2d 810 (1941), overruled on other grounds by Lee-Norse Co. v. Rutledge, 170 W. Va. 162, 291 S.E.2d 477 (1982).

4. “Evidentiary findings made at an administrative hearing should not be reversed unless they are clearly wrong.” Syl. pt. 1, Francis O. Day Co. v. Dir., D.E.P., 191 W. Va. 134, 443 S.E.2d 602 (1994).

5. “The ‘clearly wrong’ and the ‘arbitrary and capricious’ standards of review are deferential ones which presume an agency’s actions are valid as long as the decision is supported by substantial evidence or by a rational basis.” Syl. pt. 3, In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (1996).

6. “‘Substantial evidence’ requires more than a mere scintilla. It is such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. If an administrative agency’s factual finding is supported by substantial evidence, it is conclusive.” Syl. pt. 4, In re Queen, 196 W. Va. 42, 473 S.E.2d 483 (1996).

Benjamin, Justice:

Petitioner West Virginia Racing Commission (“the Commission”) appeals the September 2, 2014, order of the Circuit Court of Kanawha County that reversed the Commission’s order that suspended the occupational permit of each of seven respondent jockeys for thirty days and imposed a fine of $1,000 each for violating a rule governing horse racing. After review of the circuit court’s order, the assignments of error, the applicable law, and pertinent portions of the appendix, for the reasons stated below, we reverse the circuit court’s order.

I. FACTUAL AND PROCEDURAL BACKGROUND

The Commission is charged with overall regulation of horse racing in West Virginia.2 The respondents are seven jockeys who hold permits issued by the Commission which allow them to ride thoroughbred horses at State racetracks. Prior to each race, the jockeys must weigh out by stepping onto a digital scale operated by a clerk of scales who is an employee of the racetrack. A jockey’s weight is used to determine which horse he will ride in the upcoming race. Generally, younger horses are assigned lighter jockeys, and more mature or better-performing horses are assigned heavier jockeys. The purpose of having horses carry different weights is to make the races more competitive. The betting public is informed if a jockey is overweight prior to a race, and this information is used in making wagering decisions.

In March of 2009, management of the racetrack at Charles Town Races & Slots heard rumors that certain jockeys were permitted to ride in excess of their stated weights. As a result, track management installed two hidden surveillance cameras in the area where the weigh outs occur. The day after video recordings were made of weigh-outs, the clerk of scales was relieved of his duties and removed from the track. Thereafter, the respondents were summoned to hearings on allegations that they had engaged in corrupt activities and ridden at weights in excess of their reported weights.

In April 2009, the board of stewards concluded that the respondents had violated certain provisions of the West Virginia Code of State Rules including failure to declare an overweight amount.3 The board of stewards imposed a $1,000 fine on each of the jockeys and a thirty-day suspension of each of the jockey’s occupational permits. The respondents appealed the decision of the board of stewards to the Commission.4 The administrative de novo hearing before the Commission hearing examiner occurred over five days in August and September 2009. In his recommended decision, the hearing examiner found that the respondents were guilty of conniving with the clerk of scales in the commission of a corrupt practice by engaging in improper weigh outs. This decision was adopted by the Commission which suspended each respondent’s occupational permit for thirty days and imposed the fine of $1,000 each.

The respondents appealed the Commission’s decision to the Circuit Court of Kanawha County which reversed and vacated the Commission’s order in its September 2, 2014, final order. The circuit court found that the Commission engaged in improper rule-making by defining two terms in an administrative rule, and that the retroactive application of the new rule to the respondents’ conduct was unlawful. The Commission now appeals the circuit court’s ruling to this Court.

II. STANDARD OF REVIEW This Court has held that

[o]n appeal of an administrative order from a circuit court, this Court is bound by the statutory standards contained in W. Va. Code § 29A-5-4(a) and reviews questions of law presented de novo; findings of fact by the administrative officer are accorded deference unless the reviewing court believes the findings to be clearly wrong.

Syl. pt. 1, Muscatell v. Cline, 196 W. Va. 588, 474 S.E.2d 518 (1996). Moreover, “[i]n cases where the circuit court has amended the result before the administrative agency, this Court reviews the final order of the circuit court and the ultimate disposition by it of an administrative law case under an abuse of discretion standard and reviews questions of law de novo.” Syl. pt. 2, id. With these standards in mind, we proceed to analyze the issues.

III. ANALYSIS A. Circuit Court’s Finding of Impermissible Rule-making

The Commission first assigns as error the circuit court’s ruling that the Commission’s defining of the terms “connive” and “corrupt” in W. Va. Code R. § 178-1-60.5 constituted improper rule-making. According to the Commission, it did nothing more than define undefined terms in a legislative rule which it is permitted to do. We agree with the Commission.

The Commission found in its final order in pertinent part:

W. Va. Code R. § 178-1-60.55 states “[n]o person shall conspire with any other person for the Commission of a corrupt or fraudulent act or practice, or connive with any other person in any corrupt or fraudulent practice in relation to racing nor commit an act on his or her own part.

The Commission hereby finds that “connivance”, as that term is used in this Commission’s rule, W. Va. Code R. 178-1-60.5, includes acquiescence by a licensee in the behavior of others. Further, the Commission finds that “corrupt” as that term is used in the aforementioned rules includes the diminution or adulteration of procedures necessary for thoroughbred racing and pari-mutual wagering to work in such a way as to ensure confidence in the integrity of the process by the wagering public.

Hence . . . review of the evidence shows . . . an acquiescence by the appellants in the diminution and adulteration of the weigh-out process of a level sufficient as to injure confidence in the integrity of that process. It is axiomatic that confidence in the process is a, if not the, necessary component in assuring continued public participation in the pari-mutual wagering that allows thoroughbred racing to maintain its viability.

Accordingly, the Commission, with the modifications noted herein, finds that the appellants did, in fact violate the provisions of W. Va. Code R. § 178-1-60.5 in that they “connived” with [the Clerk of Scales] in the commission of a “corrupt” practice. The Commission would again note that the appellants as licensees acquiesced in [the Clerk of Scales’] allowing the weigh-out procedure to be made meaningless if not misleading, and that constitutes a “corrupt” act or practice.

In its order reversing the Commission’s ruling, the circuit court found that the Commission’s defining of the words “connive” and “corrupt” constituted rule-making in violation of prescribed rule-making procedures. Moreover, the circuit court found that the retroactive application of the new rule to the respondents’ conduct violated constitutional ex post facto provisions6 as well as the respondents’ constitutional procedural due process rights.

Under our law, “[i]t is generally accepted that statutes and administrative regulations are governed by the same rules of construction.” Snider v. Fox, 218 W. Va. 663, 667, 627 S.E.2d 353, 357 (2006) (internal quotations and citations omitted). One such rule of construction provides that “[i]n the absence of any definition of the intended meaning of words or terms used in a legislative enactment, they will, in the interpretation of the act, be given their common, ordinary and accepted meaning in the connection in which they are used.” Syl. pt. 1, Miners v. Hix, 123 W. Va. 637, 17 S.E.2d 810 (1941), overruled on other grounds by Lee-Norse Co. v. Rutledge, 170 W. Va. 162, 291 S.E.2d 477 (1982). Therefore, it is clear that an administrative body, in applying an administrative rule, may give an undefined term in the rule its common, ordinary and accepted meaning. The Commission in this case did nothing more than give the undefined terms “connive” and “corrupt” in W. Va. Code R. § 178-1-60.5 their common, ordinary, and accepted meanings.

The respondents make much of how the Commission characterized its defining of “connive” and “corrupt.” Specifically, the Commission stated in its order that it adopted different interpretations for the “terms of art” than were used by the board of stewards or the hearing examiner. The Commission indicated that “[w]hereas much discussion has been had regarding the intent or mens rea 9 required to connive it is incumbent upon this Commission to clarify the level of intent or agreement necessary for a violation to occur.” (Footnote added). Despite the Commission’s inartful explanation of its defining of the two terms at issue, the terms “connive” and “corrupt” are not terms of art unique to the horseracing industry but are common terms used in a variety of contexts. As such, under our law, the Commission gave these terms their common, ordinary, and accepted meanings. In addition, it was well within the discretion of the Commission to reject definitions of the terms applied by the board of stewards or the hearing examiner and to adopt its own definitions.

In ruling that the Commission engaged in improper rulemaking by defining the terms “connive” and “corrupt,” the circuit court primarily relied on this Court’s decision in Coordinating Council v. Palmer, 209 W. Va. 274, 546 S.E.2d 454 (2001). In Palmer, providers of certain homemaker services sued the State Tax Commissioner challenging the Commissioner’s imposition on them of a health care services privilege tax. The Tax Commissioner did not impose the tax on providers of the homemaker services at issue for nearly five years after the enactment of the law providing for the tax.

The Tax Commissioner then implemented a procedure to collect the tax that he previously had not enforced by sending a letter to the affected taxpayers. In considering whether this letter constituted impermissible rulemaking by the Tax Commissioner, this Court relied upon the definition of “rule” found in the Administrative Procedures Act as follows:

“Rule” includes every regulation, standard or statement of policy or interpretation of general application and future effect, including the amendment or repeal thereof, affecting private rights, privileges or interests, or the procedures available to the public, adopted by an agency to implement, extend, apply, interpret or make specific the law enforced or administered by it, or to govern its organization or procedure, but does not include regulations relating solely to the internal management of the agency, nor regulations of which notice is customarily given to the public by markers or signs, nor mere instructions. Every rule shall be classified as “legislative rule,” “interpretive rule” or “procedural rule,” all as defined in this section, and shall be effective only as provided in this chapter[.] Palmer, 209 W. Va. at 284, 546 S.E.2d at 464 (citing W. Va. Code § 29A-1-2(i) (1982); other citations omitted). This Court determined that pursuant to the above definition, the Tax Commissioner’s letter to affected taxpayers constituted a “rule.” We explained our determination as follows:

In the case sub judice, the [Tax] Commissioner implemented a procedure to collect a tax that he previously had not enforced. As this policy statement, albeit in the form of a letter to the affected taxpayers, nevertheless “affect[ed] private rights, privileges or interests” and involved the Tax Department’s “implement[ation], exten[sion], appl[ication], [or] interpret[ation]” of the laws which it was charged to execute, we find that the Commissioner’s letter . . . did, in fact, constitute an agency rule that was required to comply with the detailed rule-making procedure set forth in W. Va.

Code § 29A-3-1, et seq. Because the Commissioner’s stated policy did not follow the requisite mandates for formal proposal, approval, adoption, etc., see id., his attempted enforcement of the health care services providers tax was void and ineffective. Id.

We find the circuit court’s reliance on Palmer to be misplaced. Unlike in Palmer, there is no evidence that the Racing Commission previously applied W. Va. Code R. § 178-1-60.5 differently than it did against the respondents in the instant case. The Commission, by defining “connive” and “corrupt” did not state a new policy, implement a new rule, extend the existing rule, or apply or interpret the rule in a novel manner. The Commission simply defined two words in the rule that are not defined. Therefore, we find that the circuit court erred in ruling that the Commission’s defining of the terms “connive” and “corrupt” in W. Va. Code R. § 178-1-60.5 constituted rulemaking. Having found that the Commission did not make a new rule, we further find that the Commission did not retroactively and unlawfully apply a new rule to the respondents’ conduct. Specifically, this Court concludes that because the Commission did not engage in improper rulemaking, the Commission’s application of W. Va. Code R. § 178-1-60.5 to the respondents did not violate their constitutional due process rights or amount to an ex post facto law.

B. Sufficiency of Evidence to Support the Commission’s Decision

The Commission also assigns as error the circuit court’s determination that the evidence adduced below does not support the Commission’s finding that the respondents connived with the clerk of scales in corrupt practices.

At the outset of our consideration of this issue, we are mindful that “[e]videntiary findings made at an administrative hearing should not be reversed unless they are clearly wrong.” Syl. pt. 1, Francis O. Day Co. v. Dir., D.E.P., 191 W. Va. 134, 443 S.E.2d 602 (1994). We have explained that “[t]he ‘clearly wrong’ and the ‘arbitrary and capricious’ standards of review are deferential ones which presume an agency’s actions are valid as long as the decision is supported by substantial evidence or by a rational basis.” Syl. pt. 3, In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (1996). Further, this Court has held that “‘[s]ubstantial evidence’ requires more than a mere scintilla. It is such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. If an administrative agency’s factual finding is supported by substantial evidence, it is conclusive.” Syl. pt. 4, In re Queen, 196 W. Va. 42, 473 S.E.2d 483 (1996). We will utilize these standards in determining whether the Commission’s factual findings are supported by substantial evidence.

The Commission in its order found that the respondents connived with the clerk of scales by acquiescing in his “allowing the weigh-out procedure to be made meaningless if not misleading in a way that constitutes a ‘corrupt’ act or practice” in that it diminished or adulterated the “procedures necessary for thoroughbred racing and pari-mutual wagering to work in such a way as to ensure confidence in the integrity of the process by the wagering public.”

In its order reversing the Commission’s decision, the circuit court concluded that that there was insufficient evidence to support the Commission’s factual findings. The circuit court’s conclusion is based on several findings set forth in its order. First, the circuit court found the record devoid of any evidence which would tend to show that the weigh-out procedures described in the record actually caused a loss of confidence by the betting public in the horseracing process. The circuit court specifically noted an absence of testimony by a bettor that he or she was aware of the improper weigh-out procedures which caused a loss of confidence. We find the circuit court’s reasoning on this matter to be error. Given the fact that jockey overweight information is provided to the betting public and used by bettors in placing bets, the Commission, as the finder of fact, could legitimately infer that an ineffective or misleading weigh-out procedure that casts doubt on the accuracy of the jockeys’ weights would cause the betting public to lose confidence in the integrity of the horseracing process.

The circuit court also found that the chief steward testified before the hearing examiner that his observations of the weigh-out process leading up to and including March 26 and 27, 2009, failed to disclose evidence that the weigh-out process was flawed. This Court’s review of the chief steward’s testimony indicates that he testified that from January through March 2009, he was in the weight-out room “pretty near” every night but not every night. He testified that while he was in a position to observe the weigh outs, his purpose was not necessarily watching the clerk of scales do his job. Instead, his job was to do a “walk through” to see if there were any issues that the jockeys wanted to discuss with the board of stewards. We infer from this testimony that the chief steward did not carefully observe every weigh out for the purpose of guaranteeing its authenticity and, as a result, cannot refute the Commission’s findings regarding the respondents’ improper weigh-outs.

In addition, the circuit court found that the scale in use by the respondents and other jockeys was not balanced, had not been accurately calibrated, was not being used properly and, as a result, could not be trusted to provide an accurate weight. This Court’s review of the evidence indicates, however, that the evidence on the accuracy of the scale was conflicting. The Commission’s expert testified below that the scale was operated in a manner that would provide an accurate weight. He also testified that it made no difference if the scale was not level because the scale was calibrated in the out-oflevel condition. We have previously indicated that “this Court may not displace the . . . [Commission’s] choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before . . . [us] de novo.” In re Queen, 196 W. Va. at 446, 473 S.E.2d at 487 (internal quotation marks and citations omitted). Therefore, the presence of conflicting evidence before the hearing examiner does not support the circuit court’s reversal of the Commission’s factual findings.

Further, the circuit court found that the Commission’s determination to discipline the respondents was arbitrary and capricious because all of the other jockeys who weighed out during the same time period engaged in the same conduct as the respondents. To support this finding, the circuit court refers to several jockeys who were not disciplined but who are seen on the video weighing out improperly. Again, this Court finds that this is not a valid reason to reverse the Commission’s findings.

Moreover, the circuit court found no evidence that the respondents were overweight or rode at an inappropriate weight. However, the Commission did not find that the respondents violated W. Va. Code R. 178-1-60.5 by riding at an inappropriate weight but rather by acquiescing to the clerk of scales’ conducting of improper weigh outs in a manner that would cause the betting public to lose confidence in the process. As a result, this finding by the circuit court is not relevant to the Commission’s ruling.

Significantly, “[n]either this Court nor the circuit court may supplant a factual finding of the Commission merely by identifying an alternative conclusion that could be supported by substantial evidence.” In re Queen, 196 W. Va. at 446, 473 S.E.2d at 487 (citations omitted). The circuit court’s findings well may be supported by substantial evidence, but this does not mean that the Commission’s findings are not also supported by substantial evidence. Thus, the fact that the circuit court’s review of the evidence resulted in the circuit court reaching an alternative conclusion based on substantial evidence is not a valid reason to reverse the Commission’s findings.

Finally, this Court’s review of the Commission’s findings in light of the evidence of record compels us to conclude that the Commission’s findings of fact are supported by substantial evidence. If this Court had conducted a de novo review of the evidence below, we may have reached the same conclusions as the circuit court. However, granting proper deference to the Commission’s findings and reviewing the findings for clear error, we believe that there is more than a scintilla of evidence supporting the Commission’s findings, and that the relevant evidence is such that a reasonable mind may accept it as adequate to support the Commission’s conclusions. Stated differently, we are unable to conclude that the Commission’s findings are without a rational basis. Therefore, we find that the circuit court abused its discretion in reversing the Commission’s order.

IV. CONCLUSION

For the reasons set forth above, we reverse the September 2, 2014, order of the Circuit Court of Kanawha County that reversed and vacated the order of the Racing Commission that suspended the occupational permit of each of the respondent jockeys for thirty days and imposed a $1,000 fine on each of the respondents.

Reversed.

Name: LARRY CHARLES REYNOLDS Ruling Date: 9/2/2014
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-135-ACC Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 4/9/2009 Suspension End: 5/8/2009
Ruling Text: RE: 2009-CT-135 - Appeal Submitted to Circuit Court
Name: LARRY CHARLES REYNOLDS Ruling Date: 9/2/2014
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-135-RO Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 4/9/2009 Suspension End: 5/8/2009
Ruling Text: RE: 2009-CT-135 - Ruling Overturned
Name: LARRY CHARLES REYNOLDS Ruling Date: 11/3/2015
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-135-ACOMM Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 4/9/2009 Suspension End: 5/8/2009
Ruling Text: RE: 2009-CT-135 - Appeal Submitted by Commission
Name: LARRY CHARLES REYNOLDS Ruling Date: 11/18/2015
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2009-CT-135-FO Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 4/9/2009 Suspension End: 5/8/2009
Ruling Text: RE: 2009-CT-135 - Ruling Final Outcome

Appeal from the Circuit Court of Kanawha County The Honorable Paul Zakaib, Jr., Judge Civil Action No. 09-C-688

REVERSED

SYLLABUS BY THE COURT

1. “On appeal of an administrative order from a circuit court, this Court is bound by the statutory standards contained in W. Va. Code § 29A-5-4(a) and reviews questions of law presented de novo; findings of fact by the administrative officer are accorded deference unless the reviewing court believes the findings to be clearly wrong.” Syl. pt. 1, Muscatell v. Cline, 196 W. Va. 588, 474 S.E.2d 518 (1996).

2. “In cases where the circuit court has amended the result before the administrative agency, this Court reviews the final order of the circuit court and the ultimate disposition by it of an administrative law case under an abuse of discretion standard and reviews questions of law de novo.” Syl. pt. 2, Muscatell v. Cline, 196 W. Va. 588, 474 S.E.2d 518 (1996).

3. “In the absence of any definition of the intended meaning of words or terms used in a legislative enactment, they will, in the interpretation of the act, be given their common, ordinary and accepted meaning in the connection in which they are used.” Syl. pt. 1, Miners v. Hix, 123 W. Va. 637, 17 S.E.2d 810 (1941), overruled on other grounds by Lee-Norse Co. v. Rutledge, 170 W. Va. 162, 291 S.E.2d 477 (1982).

4. “Evidentiary findings made at an administrative hearing should not be reversed unless they are clearly wrong.” Syl. pt. 1, Francis O. Day Co. v. Dir., D.E.P., 191 W. Va. 134, 443 S.E.2d 602 (1994).

5. “The ‘clearly wrong’ and the ‘arbitrary and capricious’ standards of review are deferential ones which presume an agency’s actions are valid as long as the decision is supported by substantial evidence or by a rational basis.” Syl. pt. 3, In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (1996).

6. “‘Substantial evidence’ requires more than a mere scintilla. It is such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. If an administrative agency’s factual finding is supported by substantial evidence, it is conclusive.” Syl. pt. 4, In re Queen, 196 W. Va. 42, 473 S.E.2d 483 (1996).

Benjamin, Justice:

Petitioner West Virginia Racing Commission (“the Commission”) appeals the September 2, 2014, order of the Circuit Court of Kanawha County that reversed the Commission’s order that suspended the occupational permit of each of seven respondent jockeys for thirty days and imposed a fine of $1,000 each for violating a rule governing horse racing. After review of the circuit court’s order, the assignments of error, the applicable law, and pertinent portions of the appendix, for the reasons stated below, we reverse the circuit court’s order.

I. FACTUAL AND PROCEDURAL BACKGROUND

The Commission is charged with overall regulation of horse racing in West Virginia.2 The respondents are seven jockeys who hold permits issued by the Commission which allow them to ride thoroughbred horses at State racetracks. Prior to each race, the jockeys must weigh out by stepping onto a digital scale operated by a clerk of scales who is an employee of the racetrack. A jockey’s weight is used to determine which horse he will ride in the upcoming race. Generally, younger horses are assigned lighter jockeys, and more mature or better-performing horses are assigned heavier jockeys. The purpose of having horses carry different weights is to make the races more competitive. The betting public is informed if a jockey is overweight prior to a race, and this information is used in making wagering decisions.

In March of 2009, management of the racetrack at Charles Town Races & Slots heard rumors that certain jockeys were permitted to ride in excess of their stated weights. As a result, track management installed two hidden surveillance cameras in the area where the weigh outs occur. The day after video recordings were made of weigh-outs, the clerk of scales was relieved of his duties and removed from the track. Thereafter, the respondents were summoned to hearings on allegations that they had engaged in corrupt activities and ridden at weights in excess of their reported weights.

In April 2009, the board of stewards concluded that the respondents had violated certain provisions of the West Virginia Code of State Rules including failure to declare an overweight amount.3 The board of stewards imposed a $1,000 fine on each of the jockeys and a thirty-day suspension of each of the jockey’s occupational permits. The respondents appealed the decision of the board of stewards to the Commission.4 The administrative de novo hearing before the Commission hearing examiner occurred over five days in August and September 2009. In his recommended decision, the hearing examiner found that the respondents were guilty of conniving with the clerk of scales in the commission of a corrupt practice by engaging in improper weigh outs. This decision was adopted by the Commission which suspended each respondent’s occupational permit for thirty days and imposed the fine of $1,000 each.

The respondents appealed the Commission’s decision to the Circuit Court of Kanawha County which reversed and vacated the Commission’s order in its September 2, 2014, final order. The circuit court found that the Commission engaged in improper rule-making by defining two terms in an administrative rule, and that the retroactive application of the new rule to the respondents’ conduct was unlawful. The Commission now appeals the circuit court’s ruling to this Court.

II. STANDARD OF REVIEW This Court has held that

[o]n appeal of an administrative order from a circuit court, this Court is bound by the statutory standards contained in W. Va. Code § 29A-5-4(a) and reviews questions of law presented de novo; findings of fact by the administrative officer are accorded deference unless the reviewing court believes the findings to be clearly wrong.

Syl. pt. 1, Muscatell v. Cline, 196 W. Va. 588, 474 S.E.2d 518 (1996). Moreover, “[i]n cases where the circuit court has amended the result before the administrative agency, this Court reviews the final order of the circuit court and the ultimate disposition by it of an administrative law case under an abuse of discretion standard and reviews questions of law de novo.” Syl. pt. 2, id. With these standards in mind, we proceed to analyze the issues.

III. ANALYSIS A. Circuit Court’s Finding of Impermissible Rule-making

The Commission first assigns as error the circuit court’s ruling that the Commission’s defining of the terms “connive” and “corrupt” in W. Va. Code R. § 178-1-60.5 constituted improper rule-making. According to the Commission, it did nothing more than define undefined terms in a legislative rule which it is permitted to do. We agree with the Commission.

The Commission found in its final order in pertinent part:

W. Va. Code R. § 178-1-60.55 states “[n]o person shall conspire with any other person for the Commission of a corrupt or fraudulent act or practice, or connive with any other person in any corrupt or fraudulent practice in relation to racing nor commit an act on his or her own part.

The Commission hereby finds that “connivance”, as that term is used in this Commission’s rule, W. Va. Code R. 178-1-60.5, includes acquiescence by a licensee in the behavior of others. Further, the Commission finds that “corrupt” as that term is used in the aforementioned rules includes the diminution or adulteration of procedures necessary for thoroughbred racing and pari-mutual wagering to work in such a way as to ensure confidence in the integrity of the process by the wagering public.

Hence . . . review of the evidence shows . . . an acquiescence by the appellants in the diminution and adulteration of the weigh-out process of a level sufficient as to injure confidence in the integrity of that process. It is axiomatic that confidence in the process is a, if not the, necessary component in assuring continued public participation in the pari-mutual wagering that allows thoroughbred racing to maintain its viability.

Accordingly, the Commission, with the modifications noted herein, finds that the appellants did, in fact violate the provisions of W. Va. Code R. § 178-1-60.5 in that they “connived” with [the Clerk of Scales] in the commission of a “corrupt” practice. The Commission would again note that the appellants as licensees acquiesced in [the Clerk of Scales’] allowing the weigh-out procedure to be made meaningless if not misleading, and that constitutes a “corrupt” act or practice.

In its order reversing the Commission’s ruling, the circuit court found that the Commission’s defining of the words “connive” and “corrupt” constituted rule-making in violation of prescribed rule-making procedures. Moreover, the circuit court found that the retroactive application of the new rule to the respondents’ conduct violated constitutional ex post facto provisions6 as well as the respondents’ constitutional procedural due process rights.

Under our law, “[i]t is generally accepted that statutes and administrative regulations are governed by the same rules of construction.” Snider v. Fox, 218 W. Va. 663, 667, 627 S.E.2d 353, 357 (2006) (internal quotations and citations omitted). One such rule of construction provides that “[i]n the absence of any definition of the intended meaning of words or terms used in a legislative enactment, they will, in the interpretation of the act, be given their common, ordinary and accepted meaning in the connection in which they are used.” Syl. pt. 1, Miners v. Hix, 123 W. Va. 637, 17 S.E.2d 810 (1941), overruled on other grounds by Lee-Norse Co. v. Rutledge, 170 W. Va. 162, 291 S.E.2d 477 (1982). Therefore, it is clear that an administrative body, in applying an administrative rule, may give an undefined term in the rule its common, ordinary and accepted meaning. The Commission in this case did nothing more than give the undefined terms “connive” and “corrupt” in W. Va. Code R. § 178-1-60.5 their common, ordinary, and accepted meanings.

The respondents make much of how the Commission characterized its defining of “connive” and “corrupt.” Specifically, the Commission stated in its order that it adopted different interpretations for the “terms of art” than were used by the board of stewards or the hearing examiner. The Commission indicated that “[w]hereas much discussion has been had regarding the intent or mens rea 9 required to connive it is incumbent upon this Commission to clarify the level of intent or agreement necessary for a violation to occur.” (Footnote added). Despite the Commission’s inartful explanation of its defining of the two terms at issue, the terms “connive” and “corrupt” are not terms of art unique to the horseracing industry but are common terms used in a variety of contexts. As such, under our law, the Commission gave these terms their common, ordinary, and accepted meanings. In addition, it was well within the discretion of the Commission to reject definitions of the terms applied by the board of stewards or the hearing examiner and to adopt its own definitions.

In ruling that the Commission engaged in improper rulemaking by defining the terms “connive” and “corrupt,” the circuit court primarily relied on this Court’s decision in Coordinating Council v. Palmer, 209 W. Va. 274, 546 S.E.2d 454 (2001). In Palmer, providers of certain homemaker services sued the State Tax Commissioner challenging the Commissioner’s imposition on them of a health care services privilege tax. The Tax Commissioner did not impose the tax on providers of the homemaker services at issue for nearly five years after the enactment of the law providing for the tax.

The Tax Commissioner then implemented a procedure to collect the tax that he previously had not enforced by sending a letter to the affected taxpayers. In considering whether this letter constituted impermissible rulemaking by the Tax Commissioner, this Court relied upon the definition of “rule” found in the Administrative Procedures Act as follows:

“Rule” includes every regulation, standard or statement of policy or interpretation of general application and future effect, including the amendment or repeal thereof, affecting private rights, privileges or interests, or the procedures available to the public, adopted by an agency to implement, extend, apply, interpret or make specific the law enforced or administered by it, or to govern its organization or procedure, but does not include regulations relating solely to the internal management of the agency, nor regulations of which notice is customarily given to the public by markers or signs, nor mere instructions. Every rule shall be classified as “legislative rule,” “interpretive rule” or “procedural rule,” all as defined in this section, and shall be effective only as provided in this chapter[.] Palmer, 209 W. Va. at 284, 546 S.E.2d at 464 (citing W. Va. Code § 29A-1-2(i) (1982); other citations omitted). This Court determined that pursuant to the above definition, the Tax Commissioner’s letter to affected taxpayers constituted a “rule.” We explained our determination as follows:

In the case sub judice, the [Tax] Commissioner implemented a procedure to collect a tax that he previously had not enforced. As this policy statement, albeit in the form of a letter to the affected taxpayers, nevertheless “affect[ed] private rights, privileges or interests” and involved the Tax Department’s “implement[ation], exten[sion], appl[ication], [or] interpret[ation]” of the laws which it was charged to execute, we find that the Commissioner’s letter . . . did, in fact, constitute an agency rule that was required to comply with the detailed rule-making procedure set forth in W. Va.

Code § 29A-3-1, et seq. Because the Commissioner’s stated policy did not follow the requisite mandates for formal proposal, approval, adoption, etc., see id., his attempted enforcement of the health care services providers tax was void and ineffective. Id.

We find the circuit court’s reliance on Palmer to be misplaced. Unlike in Palmer, there is no evidence that the Racing Commission previously applied W. Va. Code R. § 178-1-60.5 differently than it did against the respondents in the instant case. The Commission, by defining “connive” and “corrupt” did not state a new policy, implement a new rule, extend the existing rule, or apply or interpret the rule in a novel manner. The Commission simply defined two words in the rule that are not defined. Therefore, we find that the circuit court erred in ruling that the Commission’s defining of the terms “connive” and “corrupt” in W. Va. Code R. § 178-1-60.5 constituted rulemaking. Having found that the Commission did not make a new rule, we further find that the Commission did not retroactively and unlawfully apply a new rule to the respondents’ conduct. Specifically, this Court concludes that because the Commission did not engage in improper rulemaking, the Commission’s application of W. Va. Code R. § 178-1-60.5 to the respondents did not violate their constitutional due process rights or amount to an ex post facto law.

B. Sufficiency of Evidence to Support the Commission’s Decision

The Commission also assigns as error the circuit court’s determination that the evidence adduced below does not support the Commission’s finding that the respondents connived with the clerk of scales in corrupt practices.

At the outset of our consideration of this issue, we are mindful that “[e]videntiary findings made at an administrative hearing should not be reversed unless they are clearly wrong.” Syl. pt. 1, Francis O. Day Co. v. Dir., D.E.P., 191 W. Va. 134, 443 S.E.2d 602 (1994). We have explained that “[t]he ‘clearly wrong’ and the ‘arbitrary and capricious’ standards of review are deferential ones which presume an agency’s actions are valid as long as the decision is supported by substantial evidence or by a rational basis.” Syl. pt. 3, In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (1996). Further, this Court has held that “‘[s]ubstantial evidence’ requires more than a mere scintilla. It is such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. If an administrative agency’s factual finding is supported by substantial evidence, it is conclusive.” Syl. pt. 4, In re Queen, 196 W. Va. 42, 473 S.E.2d 483 (1996). We will utilize these standards in determining whether the Commission’s factual findings are supported by substantial evidence.

The Commission in its order found that the respondents connived with the clerk of scales by acquiescing in his “allowing the weigh-out procedure to be made meaningless if not misleading in a way that constitutes a ‘corrupt’ act or practice” in that it diminished or adulterated the “procedures necessary for thoroughbred racing and pari-mutual wagering to work in such a way as to ensure confidence in the integrity of the process by the wagering public.”

In its order reversing the Commission’s decision, the circuit court concluded that that there was insufficient evidence to support the Commission’s factual findings. The circuit court’s conclusion is based on several findings set forth in its order. First, the circuit court found the record devoid of any evidence which would tend to show that the weigh-out procedures described in the record actually caused a loss of confidence by the betting public in the horseracing process. The circuit court specifically noted an absence of testimony by a bettor that he or she was aware of the improper weigh-out procedures which caused a loss of confidence. We find the circuit court’s reasoning on this matter to be error. Given the fact that jockey overweight information is provided to the betting public and used by bettors in placing bets, the Commission, as the finder of fact, could legitimately infer that an ineffective or misleading weigh-out procedure that casts doubt on the accuracy of the jockeys’ weights would cause the betting public to lose confidence in the integrity of the horseracing process.

The circuit court also found that the chief steward testified before the hearing examiner that his observations of the weigh-out process leading up to and including March 26 and 27, 2009, failed to disclose evidence that the weigh-out process was flawed. This Court’s review of the chief steward’s testimony indicates that he testified that from January through March 2009, he was in the weight-out room “pretty near” every night but not every night. He testified that while he was in a position to observe the weigh outs, his purpose was not necessarily watching the clerk of scales do his job. Instead, his job was to do a “walk through” to see if there were any issues that the jockeys wanted to discuss with the board of stewards. We infer from this testimony that the chief steward did not carefully observe every weigh out for the purpose of guaranteeing its authenticity and, as a result, cannot refute the Commission’s findings regarding the respondents’ improper weigh-outs.

In addition, the circuit court found that the scale in use by the respondents and other jockeys was not balanced, had not been accurately calibrated, was not being used properly and, as a result, could not be trusted to provide an accurate weight. This Court’s review of the evidence indicates, however, that the evidence on the accuracy of the scale was conflicting. The Commission’s expert testified below that the scale was operated in a manner that would provide an accurate weight. He also testified that it made no difference if the scale was not level because the scale was calibrated in the out-oflevel condition. We have previously indicated that “this Court may not displace the . . . [Commission’s] choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before . . . [us] de novo.” In re Queen, 196 W. Va. at 446, 473 S.E.2d at 487 (internal quotation marks and citations omitted). Therefore, the presence of conflicting evidence before the hearing examiner does not support the circuit court’s reversal of the Commission’s factual findings.

Further, the circuit court found that the Commission’s determination to discipline the respondents was arbitrary and capricious because all of the other jockeys who weighed out during the same time period engaged in the same conduct as the respondents. To support this finding, the circuit court refers to several jockeys who were not disciplined but who are seen on the video weighing out improperly. Again, this Court finds that this is not a valid reason to reverse the Commission’s findings.

Moreover, the circuit court found no evidence that the respondents were overweight or rode at an inappropriate weight. However, the Commission did not find that the respondents violated W. Va. Code R. 178-1-60.5 by riding at an inappropriate weight but rather by acquiescing to the clerk of scales’ conducting of improper weigh outs in a manner that would cause the betting public to lose confidence in the process. As a result, this finding by the circuit court is not relevant to the Commission’s ruling.

Significantly, “[n]either this Court nor the circuit court may supplant a factual finding of the Commission merely by identifying an alternative conclusion that could be supported by substantial evidence.” In re Queen, 196 W. Va. at 446, 473 S.E.2d at 487 (citations omitted). The circuit court’s findings well may be supported by substantial evidence, but this does not mean that the Commission’s findings are not also supported by substantial evidence. Thus, the fact that the circuit court’s review of the evidence resulted in the circuit court reaching an alternative conclusion based on substantial evidence is not a valid reason to reverse the Commission’s findings.

Finally, this Court’s review of the Commission’s findings in light of the evidence of record compels us to conclude that the Commission’s findings of fact are supported by substantial evidence. If this Court had conducted a de novo review of the evidence below, we may have reached the same conclusions as the circuit court. However, granting proper deference to the Commission’s findings and reviewing the findings for clear error, we believe that there is more than a scintilla of evidence supporting the Commission’s findings, and that the relevant evidence is such that a reasonable mind may accept it as adequate to support the Commission’s conclusions. Stated differently, we are unable to conclude that the Commission’s findings are without a rational basis. Therefore, we find that the circuit court abused its discretion in reversing the Commission’s order.

IV. CONCLUSION

For the reasons set forth above, we reverse the September 2, 2014, order of the Circuit Court of Kanawha County that reversed and vacated the order of the Racing Commission that suspended the occupational permit of each of the respondent jockeys for thirty days and imposed a $1,000 fine on each of the respondents.

Reversed.



Return to RCI Online home page