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. >7/17/2019<

242 Total Rulings compiled at: 7/22/2019 12:05:49 PM G.M.T.

Name: GERALD E. MARR Ruling Date: 7/21/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-127 Ruling Type: Warning Letter
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer/Owner Gerald E. Marr was dully notified and waived his right to a ten day notice of hearing for a confirmed positive for the category c minor funixin at the level 33.8 ng/ml. For this violation Mr. Gerald E. Marr is issued a warning letter. (3) Category C (minor) penalties will be assessed for violations due to the presence of more than one NSAID in a plasma or serum sample in accordance with Paragraph (6) of Subsection N of 15.2.6.9 NMAC and overages for NSAIDs or for furosemide violations utilizing the following concentrations in serum or plasma: (a) phenylbutazone >2.0 mcg/ml and up to 5.0 mcg/ml; or (b) flunixin > 20 ng/ml and up to 100 ng/ml; or (c) ketoprofen > 2 ng/ml and up to 50 ng/ml;or (d) furosemide >100 ng/ml; or (e) no detectable furosemide concentration when identified as administered. Recommended penalties for category C (minor) violations are as follows:

Licensed trainer:

1st offense (365-day period) in any jurisdiction, the penalty is a minimum of a written warning to maximum fine of $ 500.00 dollars.

Name: KEVEN DWAYNE WOODS Ruling Date: 7/21/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-128 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Keven Woods is hereby summarily suspended, per 15.2.1.9 (B)(3)(b (Summary Suspension) effective immediately, July 21, 2019, pending the outcome of his hearing on July 27, 2019, @ 9:30a.m, in the offices of the Board of Stewards at Ruidoso Downs (26225 US-70, Ruidoso NM 88346), During a compliance search by Ruidoso Downs Security on July 21, 2019 a needle and syringe was found in the truck given to groom “Alex Hinojo” who was bringing the horse “Bandi’s Doctor” to race in the 1st race on July 21,2019 for trainer Keven Woods.

During said time of applicable suspension Keven Woods 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 Keven Woods 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 Keven Woods must be done in accordance with 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: 15.2.1.9(B)(3)(a) Summary Suspension Which states in pertinent part “If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing”. 15.2.6.8 (B)(3)(b) TREATMENT RESTRICTIONS No person other than a veterinarian licensed to practice veterinary medicine in this jurisdiction and licensed by the commission, or a veterinary assistant licensed by the commission acting under the direct supervision of a licensed veterinarian, shall possess on any location under the jurisdiction of the commission any of the following unless approved by the commission any hypodermic syringe, hypodermic needle or any equipment associated with the aid of intravenous administration. 16.47.1.8 (L)(1)(i) –The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing 16.47.1.8 (E) : Agree to search and seizure Which states in pertinent part “By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law” 16.47.1.10 (B) ABSOLUTE INSURER/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 Required16.47.1.8(N) Last Known Address

Name: EDWARD ARRIAGA HERNANDEZ Ruling Date: 7/20/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19017 Ruling Type: Necessitating a Late Scratch
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Edward Hernandez who had #9 OREN'S PARTY programmed to start in the second race at Running Aces Racetrack and Casino failed to honor declaration. MRC Rule 7884.0170 Subpart 1. A horse entered to race shall not be scratched from a race without the permission of the judges. MRC Rule 7884.0200 Subpart 1 (A)(B) - Judges Authority MRC Rule 7884.0170 Subpart 1 - Stewards to approve scratches
Name: Christopher Ronald Lancaster Ruling Date: 7/20/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-45 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Excessive whipping on warm-up
Name: Christopher Ronald Lancaster Ruling Date: 7/20/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-45-FO Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-45 - Ruling Final Outcome
Name: Philip Sylvio Giesbrecht Ruling Date: 7/20/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-46 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule 456(g) Slow Pace
Name: Philip Sylvio Giesbrecht Ruling Date: 7/20/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-46-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-46 - Ruling Final Outcome
Name: DAVID ADAM KELLY Ruling Date: 7/20/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-47 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule 358(2)(g)© Repeat offense
Name: DAVID ADAM KELLY Ruling Date: 7/20/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-47-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-47 - Ruling Final Outcome
Name: DAVID ALLEN TREHARNE Ruling Date: 7/20/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-45 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
BEFORE THE BOARD OF STEWARDS
MOUNTAINEER RACETRACK
MULTIPLE MEDICATION VIOLATION RULING

RULING #119 DATE: 7/20/2019 NAME: Dave Treharne DOB: 1/11/1979 PERMIT: # 24518 Owner/Trainer

The Stewards hereby impose the following penalty: Having waived his right to a hearing, Owner/Trainer Dave Treharne is hereby fined five hundred dollars ($500.00) for violation of WV Rule of Racing 178-1-49.4.a.2. Industrial Laboratories reported sample #E285090 taken from the horse “Battista the Great” which finished 1st in the 6th race on Tuesday, July 2, 2019did contain Phenylbutazone above the accepted threshold. The sample confirmed in blood at 4.16 ug/ml. Phenylbutazone is a class 4 drug carrying a C penalty. Mr. Treharne elected not to send a split sample. This medication/prohibited substance violation is the permit holders 2nd offense in a 365 day period for a medication/prohibited substance carrying a C penalty. The permit holder has accumulated one-half (1/2) points under the Multiple Medication Violation point system prior to this ruling. The points assessed for this medication/prohibited substance violation are one-half (1/2) giving a total of one (1) point under the Multiple Medication Violations.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 calendar days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. After 7 days all permits will be suspended without notice until fines have been paid. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: Collin Maragh Ruling Date: 7/19/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON32 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: On the report from Truesdail Laboratories Inc., the Official Chemist for the New Jersey Racing Commission, that the blood sample of the horse TIZ TAZ TIME who finished 2nd in the 5th race on June 23, 2019, exceeded the permitted theshold of phenylbutazone (2.0 ug/mL allowed). TIZ TAZ TIME is disqualified for all purposes except wagering and the purse is redistributed as follows:

1st - BREATH OF DAWN 2nd - TRINNI JEAN 3rd - BANK NUMBERS 4th - CIERRA'S VINEYARD

The Horseman's Bookkeeper is ordered to make the necessary purse adjustments. This in accordance with New Jersey Racing Commission Rules:

N.J.A.C. Rule 13:70-14A.9(f)1 Phenylbutazone 1. The NSAID level does not exceed the following permitted serum or plasma threshold concentrations which are consistent with administration by a single intravenous injection that follows the FDA-approved dose regimen for each product(s) at least 24 hours before the post time for the race in which the horse is entered:

Name: Nathan Keith Sobey Ruling Date: 7/19/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-42 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)© More than 3 strikes
Name: Nathan Keith Sobey Ruling Date: 7/19/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-42-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-42 - Ruling Final Outcome
Name: RODNEY RALPH THERRES Ruling Date: 7/19/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-43 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA- H #458(2)(g)© More than 3 strikes
Name: RODNEY RALPH THERRES Ruling Date: 7/19/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-43-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-43 - Ruling Final Outcome
Name: DAVID ADAM KELLY Ruling Date: 7/19/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-44 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)© Exaggerated arm movements
Name: DAVID ADAM KELLY Ruling Date: 7/19/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-44-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-44 - Ruling Final Outcome
Name: KELLI LYNN MARTINEZ Ruling Date: 7/19/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-30 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: A hearing was held on July 18, 2019 in the Board of Steward’s office at Prairie Meadows Racetrack and Casino for Owner/Trainer Kelli Martinez. The hearing was to determine if Martinez was in violation of Iowa Rules of Racing 491 IAC 6.5(3)”h”,”i” and “j.” After the running of the third race on July 13, 2019, Owner/Trainer Kelli Martinez engaged in conduct detrimental to the best interest in racing. Specifically, Martinez interfered with Dr. Bradley while she was in discharge of her duties, was argumentative and used inappropriate language.

Martinez appeared in person for her hearing and chose not to be represented by legal counsel, however, Martinez did provide testimony.

State Veterinarian Dr. Jackie Bradley was present and provided testimony.

After reviewing all testimony, the Board finds Owner/Trainer Kelli Martinez in violation of the aforementioned Iowa Rules of Racing. After the running of the third race on July 13, 2019, Martinez repeatedly instructed her groom to walk her (Martinez’s) horse back to the barn after Dr. Bradley repeatedly instructed the groom to lead the horse in the horse ambulance. A few races later in the paddock, Martinez used inappropriate language while in discussion with Dr. Bradley about the incident.

Therefore, the Board of Stewards hereby issue Owner/Trainer Kelli Martinez an administrative penalty of two hundred dollars ($200.00.)

Name: RYAN STAHL Ruling Date: 7/19/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-179 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #9 T Degengold in race 7 on 7/17/19 he did drive inside the pylons. O.S.R.C.-3769-14-53  14-99
Name: GEORGE H HORNER Ruling Date: 7/19/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 47-2019 DEL 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: July 19, 2019

Delaware Park Stewards Ruling

(47-2019)

The Jockey Agent License for George H. Horner, RCI ID: 306904, DOB: 06/05/1958, is rescinded without prejudice in lieu of a Racing Official License. Refer to D.R.C. Rule 3.4.

Name: WAYNE ALLEN POTTS Ruling Date: 7/19/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 48-2019 DEL Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/19/2019 Suspension End:
Ruling Text: July 19, 2019

Delaware Park Stewards Ruling

(48-2019)

Trainer Wayne Potts, DOB: 12/23/1980, RCI ID: 2142135, having appeared for an administrative hearing before the Delaware Park Board of Stewards on July 19, 2019, is hereby suspended pending reimbursement of a debt totaling eight thousand seven hundred twenty-four dollars and thirty six cents ($8,724.36) owed to Teigland, Franklin, & Brokken, DVMs Inc. Refer to D.T.R.C. Rules 2.1, 2.5, 2.5.1.17.1, 18.1.

Name: VINCENT HALLIDAY Ruling Date: 7/18/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 46-2019 DEL Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/18/2019 Suspension End: 7/24/2019
Ruling Text: July 18, 2019

Delaware Park Stewards Ruling

(46-2019)

Jockey Vincent Halliday, DOB: 08/21/1970, RCI ID: 1896643, is suspended for seven (7) calendar days, from Thursday, July 18, 2019, through and including Wednesday, July 24, 2019, for careless riding in the fifth race on Monday, July 15, 2019 at Delaware Park. Refer to D.T.R.C. Rules 3.3, 14.15, and 14.16.

Name: RAUL E MENA Ruling Date: 7/17/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 44-2019 DEL Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/21/2019 Suspension End: 7/27/2019
Ruling Text: July 17, 2019

Delaware Park Stewards Ruling

(44-2019)

Jockey Raul Mena, DOB: 06/16/1992, RCI ID: 2108401, is suspended for seven (7) calendar days, from Sunday, July 21, 2019, through and including Saturday, July 27, 2019, for careless riding in the fifth race on Thursday, July 11, 2019, at Delaware Park. Refer to D.T.R.C. Rules 3.3, 14.15, and 14.16.

Name: CLAUDIO A GONZALEZ Ruling Date: 7/17/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 45-2019 DEL Ruling Type: Failure to Have Horse Properly Shod
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: July 17, 2019

Delaware Park Stewards Ruling

(45-2019)

Trainer Claudio Gonzalez, DOB: 11/05/1976, RCI ID: 1880231, is hereby fined the sum of two hundred and fifty dollars ($250.00) for improper turf shoes on the horse “Pep Talking”, necessitating a late scratch from the sixth race on Wednesday, July 10, 2019, at Delaware Park. Refer to D.T.R.C. Rules 3.3, 3.4, 3.4.1, 7.3.6. Fines to be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: Orlander Foster Ruling Date: 7/17/2019
Jurisdiction: Horse Racing Alberta Facility: Evergreen Park
Ruling Number: 2019-EGP-#34 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/19/2019 Suspension End: 7/20/2019
Ruling Text: Suspended from riding for 2 race days, July 19 and 20, 2019 for allowing his mount to come in (right handed urging) during the stretch run interfering with "ER WAKEUPCALL" on his inside thereby causing "LOOK BACK MOONFLASH" to be DISQUALIFIED from 2nd and placed 4th in Race 2, Friday, July 12, 2019.
Name: Orlander Foster Ruling Date: 7/17/2019
Jurisdiction: Horse Racing Alberta Facility: Evergreen Park
Ruling Number: 2019-EGP-#36 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Fined $200.00 for allowing his mount to come in before being properly clear entering the first turn, interfering with "GO FLY A KITE" on his inside thereby causing 'PRETTY ROSALIE" to be DISQUALIFIED from 4th and placed 5th in Race 1, Saturday, July 13, 2019.
Name: BUCKEY A STOCKWELL Ruling Date: 7/17/2019
Jurisdiction: Horse Racing Alberta Facility: Evergreen Park
Ruling Number: EGP-#35 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Fined $100.00 for entering an ineligible horse thereby causing "MUNCKIN" to be a Steward scratch.
Name: Eddie Clouston Ruling Date: 7/16/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-44 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RULING #118 DATE: 7/16/2019 NAME: Eddie Clouston DOB: 7/2/1965 PERMIT: # 20156 Owner/Trainer

The Stewards hereby impose the following penalty: Owner/Trainer Eddie Clouston is hereby fined two hundred dollars ($200.00) for violation of WV Rule of Racing 178-1-26.3.g. “Each trainer is responsible for presenting his or her horse and being present in the paddock at a time appointed before post time of the race in which the horse is entered.” Failure to have the horse “American Cotton” present in the paddock for the 6th race on Tuesday, July 16, 2019, necessitating a late scratch.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 calendar days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. After 7 days all permits will be suspended without notice until fines have been paid. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: RIGO J. JUAREZ Ruling Date: 7/15/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-125 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Rigo Juarez was issued a security citiation before the Board of Stewards on July 15, 2019. The security cititation was in regard to Rigo Juarez failing have his entry, “A Stopwatch” in the holding barn at the designated time for the 1st race on June 30, 2019, at Ruidoso Downs.

The Board of Stewards hereby fines Rigo Juarez in the amount of one hundred dollars ($100.00). The fine is to be paid on or before August 15, 2019, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

16.47.1.10 (C) (22) Trainer Responsibility The trainer is responsible for presenting his/her horse in the paddock at least 20 minutes before post time or at a time otherwise appointed before the race in which the horse is entered

15.2.3.8 B (1) (d) Stewards General authority. The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) 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: JOSE L MUELA Ruling Date: 7/14/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-123 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 Jose Luis Muela was duly notified and appeared before the Board of Stewards on July 14, 2019. 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 E316560. The test sample was taken from the THIRD place finisher MONTEVINA” following the 9th race on May 5, 2019, at Sunland Park Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 176 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). On June 20, 2019, Dexamethasone was confirmed at a level of 116±10 pg/ml in the blood in the split sample sent to TVMDL.

US Alliance Logistics (Ernesto Palacio), the owner of record for horse “MONTEVINA”, were duly notified and appeared for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this Ernesto Palacio’s FIRST Class 4C MAJOR medication violation in a 365-day period .

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

    1. A ($1,000) one thousand dollar fine to paid on or before August 14, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time shall result in an immediate suspension.

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: JACQUELINE CARROLL Ruling Date: 7/14/2019
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #19-0067 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/21/2019 Suspension End: 7/23/2019
Ruling Text: Apprentice Jockey: Declan Carroll (D.O.B. 6/22/1999)

After a hearing before the Board of Stewards, Declan Carroll, who rode SHORELY in the first race at Ellis Park on July 13, 2019 is hereby suspended three (3) racing days, July 21, July 26 and July 27, 2019 for careless riding that resulted in the disqualification of his mount.

810 KAR 4:040 Section 13

By Order of the Stewards

Name: ERIC LEE HEITZMANN Ruling Date: 7/14/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19060 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Eric Heitzmann, having waived his right to a formal hearing, is hereby assessed a civil penalty of Five Hundred Dollars ($500) for making loud verbal threats and intimidating the Minnesota Racing Commission State Veterinarian in the Test Barn after the 10th Race on July 5, 2019, at Canterbury Park. Minnesota Rules: 7879.0200 (Authority and Duties of Stewards) Subp. 1.A.B. -General authority of stewards; Subp. 2.A. - Specific duties and responsibilities of stewards. 7897.0100 (Prohibited Acts) Subp. 6a. Hostile acts. 7897.0130 (Schedule of Fines) Subp. 1. -lmpostition of fines; Subp. 2.8. -Categories of violations; Subp. 3.A.B.C. -Assignment of categories and determination of fine amount; Subp. 5. -Amount of fines; Subp. 6 - Timetable for paying fines.
Name: MCLEAN CYRIL ROBERTSON Ruling Date: 7/14/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19061 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer McLean Robertson is fined $100 for failure to report the alteration of the sex of "Sweet ldi", a participant in the Eighth Race on July 11, 2019, so it could be included in the program. Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-- General authority. 7877.0170. (Duties and Responsibilies of Class C Licensees) Subp. 2 (Trainer).N. 7897.0130 (Schedule of Fines) Subp. 6 Timetable for paying fines (within 72 hours of ruling date)
Name: MCLEAN CYRIL ROBERTSON Ruling Date: 7/14/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19062 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer McLean Robertson is fined $200 for failure to report the alteration of the sex of "Tapsolute" (second violation), a participant in the Ninth Race on July 13, 2019, so it could be included in the program. Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-- General authority. 7877.0170. (Duties and Responsibilies of Class C Licensees) Subp. 2 (Trainer).N. 7897.0130 (Schedule of Fines) Subp. 6 Timetable for paying fines (within 72 hours of ruling date)
Name: CHRISTIAN RUBEN ESQUEDA Ruling Date: 7/14/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19063 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Cristian Esqueda is hereby assessed a civil penalty of Five Hundred Dollars ($500) for striking his mount "Sanngria" in the head with his riding crop during the First Race at Canterbury Park on July 12, 2019. Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority 7883.0160 (Post to Finish) Subp. 6a.C. -- Use of riding crop 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: CHRISTIAN RUBEN ESQUEDA Ruling Date: 7/14/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19064 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Cristian Esqueda is hereby assessed a civil penalty of Five Hundred Dollars ($500) for abusing a horse with his riding crop while on the track during morning workouts at Canterbury Park on July 13, 2019. In addition, Mr. Esqueda is put on probation for the remainder of the 2019 Canterbury Park race meet and his Class C license as a jockey may be suspended. Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority 7883.0160 (Post to Finish) Subp. 6a.B.D.1. -- Use of riding crop 7897.0100 (Prohibited Acts) Subp. 6a -Hostile acts 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: SALVADOR ARCEO Ruling Date: 7/13/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-28 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having waived his right to a split sample and present evidence and testimony to the Board, Trainer Salvador Arceo is hereby fined Two Hundred Fifty Dollars ($250.00). “Mayhawk” tested over the permitted level of Ketoprofen after finishing first in the fourth race on June 27, 2019.

Name: CALVIN L HARRIS Ruling Date: 7/13/2019
Jurisdiction: Kentucky Racing Commission Facility: Blue Grass Downs
Ruling Number: 2019-BGD-6 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RULING #J2019-006

HORSE: CAM MAJIC SHOOTER (NO:5K6020 - GENDER: M - YOF: 2012 - SAND SHOOTER-QUEEN OF CAM-CAM'S CARD SHARK)

PHARMACEUTICALS: METHYLPREDNISOLONE (CLASS 4, MEDROL)

PENALTY DESCRIPTION: FINED $250

ADDITIONAL INFORMATION: 810 KAR 8:010 SEC. (5)(A)(B) ON JUNE 27, 2019, THE INDUSTRIAL LAB REPORTED TO THE KHRC THAT BLOOD SAMPLE #E295046 GIVEN BY THE HORSE "CAM MAJIC SHOOTER" 1ST PLACE FINISHER IN THE THIRD RACE ON JUNE 16, 2019, REVEALED METHYLPREDNISOLONE IN A LEVEL EXCEEDING THAT PERMITTED BY THE KHRC. TRACK BLUEGRASS DOWNS, TRAINER CALVIN HARRIS. THEREFORE, DUE TO MITIGATING CIRCUMSTANCES CALVIN HARRIS IS HEREBY FINED $250.00. "CAM MAJIC SHOOTER" FINISHED 1ST AND IS PLACED LAST. THE PURSE MONEY OR $725.00 IS HEREBY ORDERED FORFEITED, RETURNED AND REDISTRIBUTED IN THE FOLLOWING MANNER. "CAM MAJIC SHOOTER" FINISHED 1ST PLACED LAST. "ISEEULOOKIN" FINISHED 2ND PLACED 1ST. "AN OFFICIAL GIRL" FINISHED 3RD PLACED 2ND. "NORA THE EXPLORER" FINISHED 4TH PLACED 3RD. "NTMYCRCUCNTMYMNKYS" FINISHED 5TH PLACED 4TH. "MY SEXY MAN" FINISHED 6TH PLACED 5TH.

Name: HENRY GUILLORY Ruling Date: 7/12/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19058 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Henry Guillory, Jr., is hereby assessed a civil penalty of $250 for failing to have “Queans Altar” present on the grounds for pre-race inspection at the designated time necessitating a scratch from the 5th Race on July 3, 2019 at Canterbury Park. While Mr. Guillory called to scratch “Queans Altar”, she was entered in two jurisdictions and ran at Prairie Meadows on July 5, 2019.

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. – General authority. 7876.0110 (Off-Track Stabling) Subp. 3. – Horse must be at racetrack for race day inspection. 7897.0130 (Schedule of Fines) Subp. 6. – Timetable for paying fines.

Name: EDWARD L. BRAY Ruling Date: 7/22/2019
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #19-0064-ASG Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/23/2019 Suspension End:
Ruling Text: RE: #19-0064 - Appeal Stay Granted Pending the Appeal Process
Name: MADELYN A ROYAN Ruling Date: 7/22/2019
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #19-0063-ASG Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/23/2019 Suspension End:
Ruling Text: RE: #19-0063 - Appeal Stay Granted Pending the Appeal Process
Name: MADELYN A ROYAN Ruling Date: 7/11/2019
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #19-0063 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/23/2019 Suspension End:
Ruling Text: Owner/Trainer: Madelyn A. Royal (D.O.B. 10/27/1956)

After waiving her right to a formal hearing before the Board of Stewards the Owner/Trainer license of Madelyn A. Royal is hereby suspended beginning on July 23, 2019 for failure to return purse money to Turfway Park pursuant to 810 KAR 1:017 Section 5, subsection (2) and as ordered by the stewards on March 8, 2019. During her suspension Ms. Royal is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Entry of all horses owned or trained by Ms. Royal is denied pending transfer to persons acceptable to the stewards. Reinstatement is contingent on return of the purse money relating to a disputed race, race 7 on February 14, 2019 to Turfway Park.

810 KAR 1:004 Section 3, subsection (3) 810 KAR 1:017 Section 5, subsection (2) 810 KAR 1:025 Section 14 (x) 1.

BY ORDER OF THE STEWARDS

Name: EDWARD L. BRAY Ruling Date: 7/11/2019
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #19-0064 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/23/2019 Suspension End:
Ruling Text: Owner: Edward Bray (D.O.B. 5/5/1952)

After waiving his right to a formal hearing before the Board of Stewards the Owner license of Edward Bray is hereby suspended beginning on July 23, 2019 for failure to return purse money to Turfway Park pursuant to 810 KAR 1:017 Section 5, subsection (2) and as ordered by the stewards on March 8, 2019. During his suspension Mr. Bray is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Entry of all horses owned by Mr. Bray is denied pending transfer to persons acceptable to the stewards. Reinstatement is contingent on return of the purse money relating to a disputed race, race 7 on February 14, 2019 to Turfway Park.

810 KAR 1:004 Section 3, subsection (3) 810 KAR 1:017 Section 5, subsection (2) 810 KAR 1:025 Section 14 (x) 1.

BY ORDER OF THE STEWARDS

Name: GERARD MELANCON Ruling Date: 7/11/2019
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23550 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/19/2019 Suspension End: 7/25/2019
Ruling Text: Suspended for seven calendar days July 19, 2019, through July 25, 2019 inclusive, for careless riding, while aboard Cat’s Beauty during the running of race 3, July 6, 2019, at Evangeline Downs, resulting in the disqualification of his mount from first to third place. Allowed to ride in designated races. Participation in such race/s extends suspension a like number days.
Name: RONALD A FAUCHEUX Ruling Date: 7/10/2019
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23549 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Caused a disturbance in the paddock area at Evangeline Downs.
Name: DONALD DAVID HARMON Ruling Date: 7/10/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19016 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Don Harmon who drove #8 HERE COMES TEDDY in the 5th race at Running Aces Racetrack and Casino finishing 8th is hereby fined the sum of two hundred fifty ($250.00) dollars for violation of the MRC rule 7884.0260 Subpart 2 H. Allow another horse to pass needlessly on the inside. MRC Rule 7884.0200 Subpart 1 (A)(B) - Judges Authority MRC Rule 7884.0260 Subpart 2 H - Driving Rules
Name: Anselmo Dino Padilla Ruling Date: 7/10/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Wyoming Downs
Ruling Number: 2019-WYO-1 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Ruling No. #19-0012 In the Disciplinary Matter of Anselmo Padilla, Jockey #19-0431
On Sunday, June 30, 2019 the Stewards issued instructions to Anselmo Padilla to appear before the Board of Stewards following the last race day of the day.

Mr. Padilla failed to appear as directed.

Pursuant to the authority granted to the Board of Stewards .W.S.§ 11-25-104 (g), (iii) the Board of Stewards hereby imposes a fine of one hundred dollars ($100.00 ) to be paid to the Wyoming Pari Mutuel Commission at the address printed above not later than July 18, 2019.

Board of Stewards: Larry Eliason, Jorge Estrada, Pat Mackey

Name: MARDONIO FLORES Ruling Date: 7/9/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23548 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to have his scheduled starter Texmex Jess Cartel, in the paddock, resulting in a late scratch from race 4, July 4, 2019 at Delta Downs.
Name: CESAR GARCIA ESQUEDA Ruling Date: 7/9/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23545 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/9/2019 Suspension End:
Ruling Text: Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending his appearance before the stewards for non compliance in the follow-up procedures of his Human Drug Test.
Name: JOSEPH C BATISTE Ruling Date: 7/9/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23546 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/9/2019 Suspension End:
Ruling Text: Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending his appearance before the stewards for non compliance in the follow-up procedures of his Human Drug Test.
Name: ELISEO G CELESTINO Ruling Date: 7/9/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23543 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/9/2019 Suspension End:
Ruling Text: Suspended and denied access to all facilities under the jurisdication of the LSRC for failure to pay the $200 fine accessed on 6/28/2019 ar per ruling 23513.
Name: YONI RIGOVERTO MARTINEZ Ruling Date: 7/9/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23542 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/9/2019 Suspension End:
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 as per ruling 23498 issued June 21, 2019
Name: EDGAR NATO DAVIS Ruling Date: 7/9/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23547 Ruling Type: Failure to Meet Financial Obligation
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/9/2019 Suspension End:
Ruling Text: Failed to complete license application by not providing proper identification and failure to submit proof of Workers Compensation Insurance. Edgar Davis shall remain ineligible for licensure until these issues are resolved. During this term he is denied access to all race tracks, off track wagering facilities and recognized training tracks under the jurisdiction of the LSRC.
Name: Guadalupe A Lucio Ruling Date: 7/9/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23544 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/9/2019 Suspension End:
Ruling Text: Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending payment of the $100 fine levied July 5 2019 as per ruling 23527.
Name: JOSUE HUITRON Ruling Date: 7/8/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23541 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/8/2019 Suspension End:
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 as per ruling 23486 issued June14, 2019
Name: RODOLFO SANCHEZ Ruling Date: 7/8/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23539 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/8/2019 Suspension End:
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 June 13, 2019 as per ruling 23479.
Name: JESUS O TORRES Ruling Date: 7/8/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23540 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/8/2019 Suspension End:
Ruling Text: Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending payment of the $50 fine levied June 7, 2019 as per ruling 23465.
Name: JORGE LUIS GONZALEZ Ruling Date: 7/8/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23537 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/8/2019 Suspension End:
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 6/13/19 as per ruling 23481.
Name: ROBERTO G MADRIGAL Ruling Date: 7/8/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23536 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/8/2019 Suspension End:
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 5/30/19 as per ruling 23443.
Name: WILLIE J SIMIEN Ruling Date: 7/8/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23534 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/8/2019 Suspension End:
Ruling Text: Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending payment of the $500 fine levied May 9, 2019 as per ruling 23406.
Name: XAVIER ALONZO Ruling Date: 7/8/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23533 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/8/2019 Suspension End:
Ruling Text: Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending payment of the $100 fine levied 2/19/19 as per ruling 23306 and $200 fine levied 5/9/19 as per ruling23405.
Name: NATTALLIE L GLYSHAW Ruling Date: 7/8/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23535 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/8/2019 Suspension End:
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 as per ruling 23411 issued May 5, 2019
Name: MARCUS J VITALI Ruling Date: 7/7/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON23 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Marcus Vitali is hereby fined the sum of one hundred ($100.00) dollars for failing to have his horses in the paddock at the appointed time for the 1st race on Saturday, June 22, 2019, delaying post time.

Violation of N.J.A.C. Rule 13:70-20.5 "Presence of a trainer" A trainer shall have his horse in the paddock at the time appointed, and shall be present to supervise its saddling, unless he has obtained permission from the stewards to be represented by a substitute.

Name: NICHOLAS JUAREZ Ruling Date: 7/7/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON24 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey, Nicholas Juarez is hereby fined the sum of one thousand ($1,000.00) dollars for careless riding during the running of the 4th race on Saturday, June 22, 2019.

Violation of N.J.A.C. 13:70-11.1 Crossing or weaving - When clear, a horse may be taken to any part of the course but no horse shall cross over or weave in front of other horses in such a way as to impede them or constitute or cause interference or intimidation.

Name: PASCASIO ROSAS LOPEZ Ruling Date: 7/7/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON26 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey, Pascacio (Paco) Lopez is hereby fined the sum of one thousand ($1,000.00) dollars for careless riding during the running of the 6th race on Sunday, June 23, 2019.

Violation of N.J.A.C. 13:70-11.1 Crossing or weaving - When clear, a horse may be taken to any part of the course but no horse shall cross over or weave in front of other horses in such a way as to impede them or constitute or cause interference or intimidation.

Name: CHRISTOPHER JOSEPH LONGIE Ruling Date: 7/7/2019
Jurisdiction: North Dakota Racing Commission Facility: Chippewa Downs
Ruling Number: 2019-CPW-3 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Mixed Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: 7/7/2019 Suspension End: 7/7/2019
Ruling Text: Waived Hearing and fined $200.00 $150 suspened for six months with no further violations and not allowed to compete on 7/7/2019.
Name: KELLY ORVIN HOERDT Ruling Date: 7/7/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-40 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule 456(h) Causing Inteference - Finished 2nd Placed 4th
Name: KELLY ORVIN HOERDT Ruling Date: 7/7/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-40-FO Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-40 - Ruling Final Outcome
Name: RODOLPHE BRISSET Ruling Date: 7/7/2019
Jurisdiction: Kentucky Racing Commission Facility: Ellis Park
Ruling Number: #19-0062-1 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners: Barry Irwin, Rodolphe Brisset and Stephen McKay

Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at Texas A & M Veterinary Medical Diagnostic Laboratory (TVMDL Sample Laboratory number C191490675), sample number E304931 taken from TALK VEUVE TO ME, who finished first in the eighth race at Keeneland on April 11, 2019 contained aminocaproic acid in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards, TALK VEUVE TO ME is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. All purse monies must be returned to the association. The purse of this race is ordered redistributed as follows:

THE OFFICIAL ORDER OF FINISH IS:

1st # 6 TREBLE 2nd # 2 AWESTRUCK 3rd # 3 EVERYONELOVESJIMMY 4th # 5 UPSET BREWING 5th # 4 SUMMER SUNDAY

Disqualified # 1 TALK VEUVE TO ME

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

BY ORDER OF THE STEWARDS

Name: Paul Brent Davies Ruling Date: 7/6/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-39 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)© Repeat Offense - Exaggerated Movements
Name: Paul Brent Davies Ruling Date: 7/6/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-39-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-39 - Ruling Final Outcome
Name: JOSE L TORRES Ruling Date: 7/6/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-112 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/14/2019 Suspension End: 7/21/2019
Ruling Text: Jockey Jose Torres was summoned and appeared before the Board of Stewards on July 6, 2019, for careless riding during the running of the 5th race on June 29, 2019, at Ruidoso Downs Racetrack, while aboard “MALUSITA TOWER” (Bore in sharply late stretch, bumping #2.)

The Board of Stewards hereby suspends Jose Torres for a period of 7 calendar days (July 14, 2019, through July 20, 2019, inclusive). The term of this suspension shall not prohibit participation in designated race days. .

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

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

Name: STEVEN J. MELANCON Ruling Date: 7/6/2019
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 23530 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to handle his business in a proper manner.
Name: Faviola Gonzalez Ruling Date: 7/6/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23532 Ruling Type: Failure to Complete License Procedure
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Failure to follow proper license procedure to ensure that her Owner Pedro Morales was licensed resulting in a late scratch from race 8 on July 5, 2019 at Delta Downs.
Name: DANIEL L FINKBEINER Ruling Date: 7/6/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23531 Ruling Type: Disorderly Conduct
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/6/2019 Suspension End:
Ruling Text: Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending his appearance before the stewards concerning his involvement in an alteracation on association grounds at Delta Downs.
Name: ROBERT J TOUCHET Ruling Date: 7/5/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23524 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/6/2019 Suspension End: 9/3/2019
Ruling Text: Clenbuterol, reported at 394pg/ml in post-race urine sample DD57062 taken from Nawlins Cartel, winner of race 3, May 19, 2019 at Delta Downs. Clenbuterol was confirmed, at 310+/-20pg/ml, in the split portion of this sample by Texas A & M College Station Laboratory. Upon notification of the split sample results, Trainer Robert Touchet waived his right to a formal steward’s hearing. The stewards concluded that sample DD57062 contained Clenbuterol, an ARCI Category III prohibited drug. Trainer Robert Touchet is hereby suspended 60 days, July 6, 2019 hrough, 2019 through September 4, 2019 and denied access to all facilities under the jurisdiction of the LSRC. Nawlins Cartel is disqualified and declared unplaced and the purse ordered redistributed.
Name: Guadalupe A Lucio Ruling Date: 7/5/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23527 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Excessive use of the whip prior to eace 8 on July 4, 2019.
Name: KENNETH D WEEKS Ruling Date: 7/5/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23525 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Phenylbutazone reported at 9.925ug/ml in post-race blood sample DD57284, taken from “Mia Jet In”, winner of race 7, June 7, 2019 at Delta Downs, the Firecracker Derby Trial. Upon notification Trainer Kenneth Weeks 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 the sample DD57284 contained Phenylbutazone above the permitted threshold and the concentration of this drug constituted an extra ordinary violation, of an ARCI category IV or V drug and this was trainer Kenneth Weeks first violation of an ARCI category IV or V drug within a twelve month period. Trainer Kenneth Weeks is hereby fined $1000 and Mia Jet In is disqualified and declared unplaced and the purse is ordered redistributed. The horse Mia Jet In is deemed to have forfeited its eligibility to compete in any subsequent race related to the Firecracker Derby Trial.
Name: Heriberto Aguilar Orozco Ruling Date: 7/5/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23528 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $500 for careless riding, aboard Calcetin M28, during the running of race 11, July 3, 2019, at Delta Downs, resulting in the disqualification of his mount from 5th to 10th place.
Name: DAVID A ALVAREZ Ruling Date: 7/5/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23529 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $500 for careless riding, aboard Individualistic, during the running of race 11, July 3, 2019, at Delta Downs, resulting in the disqualification of his mount from 1st to 7th place.
Name: PORFIRIO GUILLERMO FIERRO Ruling Date: 7/5/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23526 Ruling Type: Race Office/Track Rule Violation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Entered Dm La Jolla to run at two different tracks, on the same day, causing a late scratch from race 11 on July 5, 2019 at Delta Downs.
Name: LISA A WATSON Ruling Date: 7/5/2019
Jurisdiction: Massachusetts Racing Commission Facility: Plainridge Racecourse
Ruling Number: 2019-PRR-44 Ruling Type: Failure to Follow Facility Regulations
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On 7/1/19 at PRC, trainer Lisa Watson did not arrive to the paddock by the prescribed time for race 8 with the No. 7 horse WESTERN VICTORY and is hereby fined $100 for the violation.
Name: Shawn P Answeeney Ruling Date: 7/5/2019
Jurisdiction: Massachusetts Racing Commission Facility: Plainridge Racecourse
Ruling Number: 2019-PRR-45 Ruling Type: Failure to Follow Facility Regulations
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On 7/1/19 at PRC, trainer Shawn Answeeney did present the No. 3 horse FUZZYLEGSANDALL for race 8 beyond the allowable fifteen-minute grace period and was scratched. In addition, Mr. Answeeney is fined $100 for the violation.
Name: BALTAZAR LERMA GUTIERREZ Ruling Date: 7/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-108 Ruling Type: Fined
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Agent Baltazar Gutierrez was duly notified and appeared for a hearing before Board of Stewards on July 4, 2019. The hearing was in regard to Baltazar Gutierrez representing more than three jockeys at the draw on June 15, 2019, at Ruidoso Downs.

The Board of Stewards hereby fines Baltazar Gutierrez in the amount of three hundred dollars ($300.00). The fine is to be paid on or before August 4, 2019, in accordance with 15.2.3.8 (B)(3)(1) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with: 16.47.1.13 (B) Jockey Agent Limits on contracts: A jockey agent may serve as agent for no more than three jockeys and shall secure a license as a jockey agent. A jockey agent must register his/her riders with the stewards upon his/her arrival at each individual meet and must report any changes during the meet.

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: RONALD L WESTERMANN Ruling Date: 7/5/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19054 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Ronald L. Westermann is hereby assessed a civil penalty of One Hundred Dollars ($100) for entering "Impeachment's Rose" in the Eighth Race on July 3, 2019 when the horse was not eligible to race for failure to meet the workout requirements necessitating a late scratch. Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority. 7883.0100 (Entries and Subscriptions) Subp. 16.D.E. --Workout Requirements 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: DONNIE J MECHE Ruling Date: 7/5/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19055 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Donnie Meche is hereby assessed a civil penalty of Five Hundred Dollars ($500) for prohibited use of the riding crop while striking his mount "Derbys Moneymaker'' more than three consecutive times without pausing near the finish line of the Third Race at Canterbury Park on July 3, 2019 (3rd whip rule violation during the 2019 Canterbury Park meet. Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority. 7883.0160 (Post to Finish) Subp. 6a.C --Use of riding crop 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: ROLANDO ALMANZA Ruling Date: 7/5/2019
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5321 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner - Trainer Rolando Almanza was duly noticed and waived his right to a formal hearing before the Retama Park Board of Stewards and his right to appeal on 7/5/19.

Mr. Almanza is hereby fined five hundred ($500.00) dollars because post - race serum sample (SH066199) taken from his horse, "Blending Together," that won the 5th race at Sam Houston Race Park on 5/10/19 contained Phenylbutazone @1.45 +/- 0.5 mg/ml and Flunixin @ 4.41 +/- 0.3 ng/ml, a Class 3 stacking violation. First violation within this category for 365 days.

Name: ALFONSO SALAS Ruling Date: 7/4/2019
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3533 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Upon being duly notified, Exercise Rider Alfonso Salas waived hearing and was fined one hundred dollars by the Lone Star Park Board of Stewards for being found in possession of a 12 pack of beer during a compliance inspection of his vehicle at the Lone Star Park Stable Gate on 06/20/19.

First violation in a twelve month period.

Name: DANELE NICOALI DURHAM Ruling Date: 7/4/2019
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3535 Ruling Type: Trainer Responsibility
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Upon being duly notified, Owner/Trainer Danele Durham waived hearing and was fined one hundred dollars by the Lone Star Park Board of Stewards for entering the horse Anna's Lingerie for the first race at Lone Star Park on 06/15/19 without having satisfied the eligibility rquirements for tattoo and registration certificate.

First violation in a 365 day period.

Name: EDGAR S MARTINEZ Ruling Date: 7/4/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-107 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/12/2019 Suspension End: 7/19/2019
Ruling Text: Jockey Edgar S. Martinez was summoned and represented by jockey Mauro Salcedo before the Board of Stewards on July 4, 2019, for careless riding during the running of the 9th race on June 30, 2019 at Ruidoso Downs, while aboard “WAHENE VERSION”, which resulted in his mount being disqualified from 2nd place to 10th place. (Bore in causing the #3 to clip heels.)

The Board of Stewards hereby assess Edgar S. Martinez a suspension of 7 calendar days (July 12, 2019, through July 18, 2019, inclusive The term of this suspension shall not prohibit participation in designated race days.

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

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

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

Name: HENRY WEST Ruling Date: 7/4/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23522 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to have his scheduled starter, Patriots Cartel, in the paddock, resulting in a late scratch from race 4, July 3, 2019 at Delta Downs.

Name: ELISEO G CELESTINO Ruling Date: 7/4/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23523 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/30/2019 Suspension End: 12/29/2019
Ruling Text: Methamphetamine, Dextro (d) isomer without the presence of Levo (l) isomer was reported, by the Equine Medical Surveillance Laboratory of the Louisiana State University, in the plasma and urine of sample LD44757 , , identified with Flippin Lucky, second finisher of race 2, February 25, 2019 at Louisiana Downs. The result was confirmed, in the split portion of sample LD44747, by referree laboratory Texas A&M College Station Laboratory. Trainer Eliseo Celestino waived his right to a Stewards’ Hearing. The stewards concluded that the sample contained Methamphetamine, Dextro (d) isomer without the presence of Levo (l) isomer an ARCI Category I prohibited drug. Trainer Eliseo Celestino Lyles is hereby suspended six months June 30, 2019 Through December 29, 2019 and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission. Flippin Lucky is disqualified and declared unplaced and purse ordered redistributed. This case is referred to the LSRC for further action.

Name: Devon H. Magnon Ruling Date: 7/4/2019
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23521 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/12/2019 Suspension End: 7/18/2019
Ruling Text: Suspended for seven calendar days July 12, 2019, through July 18, 2019 inclusive, for careless riding, while aboard Run The Bank during the running of race 1, June 29, 2019, at Evangeline Downs, resulting in the disqualification of his mount from fifth to seventh place. Allowed to ride in designated races. Participation in such race/s extends suspension a like number days.
Name: Baylee M. Istre Ruling Date: 7/3/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23520 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/18/2019 Suspension End: 5/18/2019
Ruling Text: Tested positive for a Dangerous Substance Abuse, first offence. Confirmed in split. Suspended 30 days and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission. Reinstatement is contingent upon an evaluation and after providing a negative urine report.
Name: Baylee M. Istre Ruling Date: 7/17/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23520-REST Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/18/2019 Suspension End: 5/18/2019
Ruling Text: RE: 23520 - Having served suspension and met requirements of ruling 23520 is hereby Restored to Good Standing as of July 3, 2019.
Name: Logan William Child Ruling Date: 7/2/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Wyoming Parimutual Commission
Ruling Number: 2019-Comm-9 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Horse
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 6/21/2019 Suspension End: 6/20/2022
Ruling Text:
BEFORE THE WYOMING PARI-MUTUEL COMMISSION
STATE OF WYOMING
In the Matter of: Logan W Child Assistant Starter #18-0755

Docket No. 180818-WPMC-02

DEFAULT ORDER
THE ABOVE-ENTITLED MATTER came before the Wyoming Pari-Mutuel Commission (Commission) pursuant to an Order to Show Cause issued upon a Steward’s Referral received in Ruling #18-0019; and the Commission having examined said Order and Ruling, and being duly advised in the premises, does hereby make and enter the following findings and order:
      1. A Board of Steward’s Ruling and Referral was issued in the Matter of Logan W. Child (Assistant Starter) WPMC # 18-0755 on September 6, 2018, referring the present matter to the Commission for consideration of any further punishment or fine.
      2. Upon that referral, an Order to Show Cause was served on the above-named Licensee, when said documents were placed in the United States Mail, postage prepaid, certified, return receipt requested, and addressed to the above-named Licensee at his last address of record with the Commission.
      3. No response was received from the above-named Licensee by the Commission by November 9, 2018, as set forth and required in the Order to Show Cause.
      4. In a Special Meeting held June 7, 2019, and appropriately noticed pursuant to Wyoming Statute § 16-4-404, the Commission was presented with the facts as determined in the Board of Steward’s Ruling and Referral and the underlying investigation and formal Board of Stewards Hearing held in Docket No. 180818-WPMC-02. Public comment was also permitted and received by the Commission.
      5. Following that Special Meeting, but prior to the date of this Order, attorney Robin D. Dunn filed a “Notice of Appearance and Appeal” (Notice) with this Commission.
      6. The facts alleged in the Order to Show Cause are deemed to be true, and are sufficient to establish grounds for the suspension of Licensee’s Assistant Starter license pursuant to Wyoming Statute § 11-25-104(j).
      7. The facts alleged in the Order to Show Cause are deemed to be true, and are sufficient to establish grounds for imposition of a fine against the above-named Licensee pursuant to Wyoming Statute § 11-25-104(j).
      8. Upon the above-named Licensee’s failure to respond to the Order to Show Cause and request a hearing, an entry of default is appropriate and such default should therefore be entered.
      9. Any such appeal of this Order shall be done in accordance with Chapter 3 of the Commission’s rules.

THEREFORE, the Commission hereby enters a default order against the above-named Licensee. IT IS ORDERED that above-named Licensee pay a fine in the amount of five thousand dollars ($5,000.00). IT IS FURTHER ORDERED that the Wyoming Assistant Starter license held by the above-named Licensee is hereby SUSPENDED pursuant to Wyoming Statute § 11-25-104(j) for a period of three (3) years beginning on June 21, 2019.

WYOMING PARI-MUTUEL COMMISSION Bob Davis, President

Name: RILEY D HALL Ruling Date: 7/2/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Wyoming Parimutual Commission
Ruling Number: 2019-Comm-10 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Horse
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 7/21/2019 Suspension End: 7/20/2022
Ruling Text:
BEFORE THE WYOMING PARI-MUTUEL COMMISSION
STATE OF WYOMING
In the Matter of: Riley D Hall Assistant Starter #18-0438

Docket No. 180818-WPMC-03 Riley D. Hall

DEFAULT ORDER
THE ABOVE-ENTITLED MATTER came before the Wyoming Pari-Mutuel Commission (Commission) pursuant to an Order to Show Cause issued upon a Steward’s Referral received in Ruling #18-0017; and the Commission having examined said Order and Ruling, and being duly advised in the premises, does hereby make and enter the following findings and order:
      1. A Board of Steward’s Ruling and Referral was issued in the Matter of Riley D. Hall (Assistant Starter) WPMC # 18-0438 on September 6, 2018, referring the present matter to the Commission for consideration of any further punishment or fine.
      2. Upon that referral, an Order to Show Cause was served on the above-named Licensee, when said documents were placed in the United States Mail, postage prepaid, certified, return receipt requested, and addressed to the above-named Licensee at his last address of record with the Commission.
      3. No response was received from the above-named Licensee by the Commission by November 9, 2018, as set forth and required in the Order to Show Cause.
      4. In a Special Meeting held June 7, 2019, and appropriately noticed pursuant to Wyoming Statute § 16-4-404, the Commission was presented with the facts as determined in the Board of Steward’s Ruling and Referral and the underlying investigation and formal Board of Stewards Hearing held in Docket No. 180818-WPMC-03. Public comment was also permitted and received by the Commission.
      5. Following that Special Meeting, but prior to the date of this Order, attorney Robin D. Dunn filed a “Notice of Appearance and Appeal” (Notice) with this Commission.
      6. The facts alleged in the Order to Show Cause are deemed to be true, and are sufficient to establish grounds for the suspension of Licensee’s Assistant Starter license pursuant to Wyoming Statute § 11-25-104(j).
      7. The facts alleged in the Order to Show Cause are deemed to be true, and are sufficient to establish grounds for imposition of a fine against the above-named Licensee pursuant to Wyoming Statute § 11-25-104(j).
      8. Upon the above-named Licensee’s failure to respond to the Order to Show Cause and request a hearing, an entry of default is appropriate and such default should therefore be entered.
      9. Any such appeal of this Order shall be done in accordance with Chapter 3 of the Commission’s rules.
THEREFORE, the Commission hereby enters a default order against the above-named Licensee. IT IS ORDERED that above-named Licensee pay a fine in the amount of five thousand dollars ($5,000.00). IT IS FURTHER ORDERED that the Wyoming Assistant Starter license held by the above-named Licensee is hereby SUSPENDED pursuant to Wyoming Statute § 11-25-104(j) for a period of three (3) years beginning on June 21, 2019.

WYOMING PARI-MUTUEL COMMISSION Bob Davis, President

Name: Jacob Richard Newbold Ruling Date: 7/2/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Wyoming Parimutual Commission
Ruling Number: 2019-Comm-11 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Horse
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 6/21/2019 Suspension End: 6/20/2022
Ruling Text:
BEFORE THE WYOMING PARI-MUTUEL COMMISSION
STATE OF WYOMING
In the Matter of: Jacob R Newbold Assistant Starter #18-0810

Docket No. 180818-WPMC-01 Jacob R. Newbold

DEFAULT ORDER
THE ABOVE-ENTITLED MATTER came before the Wyoming Pari-Mutuel Commission (Commission) pursuant to an Order to Show Cause issued upon a Steward’s Referral received in Ruling #18-0018; and the Commission having examined said Order and Ruling, and being duly advised in the premises, does hereby make and enter the following findings and order:
      1. A Board of Steward’s Ruling and Referral was issued in the Matter of Jacob R. Newbold (Assistant Starter) WPMC # 18-0810 on September 6, 2018, referring the present matter to the Commission for consideration of any further punishment or fine.
      2. Upon that referral, an Order to Show Cause was served on the above-named Licensee, when said documents were placed in the United States Mail, postage prepaid, certified, return receipt requested, and addressed to the above-named Licensee at his last address of record with the Commission.
      3. No response was received from the above-named Licensee by the Commission by November 9, 2018, as set forth and required in the Order to Show Cause.
      4. In a Special Meeting held June 7, 2019, and appropriately noticed pursuant to Wyoming Statute § 16-4-404, the Commission was presented with the facts as determined in the Board of Steward’s Ruling and Referral and the underlying investigation and formal Board of Stewards Hearing held in Docket No. 180818-WPMC-02. Public comment was also permitted and received by the Commission.
      5. Following that Special Meeting, but prior to the date of this Order, attorney Robin D. Dunn filed a “Notice of Appearance and Appeal” (Notice) with this Commission.
      6. The facts alleged in the Order to Show Cause are deemed to be true, and are sufficient to establish grounds for the suspension of Licensee’s Assistant Starter license pursuant to Wyoming Statute § 11-25-104(j).
      7. The facts alleged in the Order to Show Cause are deemed to be true, and are sufficient to establish grounds for imposition of a fine against the above-named Licensee pursuant to Wyoming Statute § 11-25-104(j).
      8. Upon the above-named Licensee’s failure to respond to the Order to Show Cause and request a hearing, an entry of default is appropriate and such default should therefore be entered.
      9. Any such appeal of this Order shall be done in accordance with Chapter 3 of the Commission’s rules.
THEREFORE, the Commission hereby enters a default order against the above-named Licensee. IT IS ORDERED that above-named Licensee pay a fine in the amount of five thousand dollars ($5,000.00). IT IS FURTHER ORDERED that the Wyoming Assistant Starter license held by the above-named Licensee is hereby SUSPENDED pursuant to Wyoming Statute § 11-25-104(j) for a period of three (3) years beginning on June 21, 2019.

WYOMING PARI-MUTUEL COMMISSION Bob Davis, President

Name: MARTIN FELIX RAMOS Ruling Date: 6/30/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-105 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Martin Felix was summoned and appeared before the Board of Stewards on June 30, 2019, for failure to make sufficient effort to maintain his lane while aboard “Rarin”, in the 9th race on June 29, 2019, at Ruidoso Downs Racetrack.

The Board of Stewards hereby fines Martin Felix in the amount of three hundred dollars, ($300.00). The fine is to be paid on or before July 30, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed shall result in immediate suspension.

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

15.2.5.13(E)(3)(d) 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 15.2.1.8(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: FELIPE GARCIA LUNA Ruling Date: 6/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-103 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/7/2019 Suspension End: 7/14/2019
Ruling Text: Jockey Felipe Garcia Luna was summoned and appeared before the Board of Stewards on June 29, 2019, for careless riding during the running of the 8th race on June 28, 2019 at Ruidoso Downs, while aboard “Royal Baby Silk”, which resulted in his mount being disqualified from 3rd place to 7th place. (Went out forcing the 3 out into the 4, causing the 4 to clip heels.)

The Board of Stewards hereby assess Felipe Garcia Luna a suspension of 7 calendar days (July 7, 2019, through July 13, 2019, inclusive The term of this suspension shall not prohibit participation in designated race days.

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

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

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

Name: ROBBY Lee OVERTURF Ruling Date: 6/29/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Energy Downs
Ruling Number: 2019-ED-2 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Ruling No. #19-0011
In the Disciplinary Matter of Robby Overturf, Owner/Trainer
Robby Overturf was the trainer of the horse Justyceforme in the 3rd race at Energy Downs on Friday, June 28, 2019. The horse was not present in the paddock at the required time which resulted in a late scratch.

Subsequent investigation indicated that the horse had been treated with Banamine by a licensed veterinarian which resulted in a “Vet Scratch Card” being filed out by the treating veterinarian and given to Mr. Overturf.

Mr. Overturf stated that he had forgotten to give the scratch card to the Stewards for their approval in a timely manner.

This is a violation of WPMC Rule Chapter 8, Section 8 (f), a horse cannot be scratched without the approval of the stewards.

For this violation the Board of Stewards imposes a fine of $50.00 to be paid to the WPMC licensing office not later than close of business on Sunday, June 30, 2019. ­­­­­­­­­­­­­­­­­­­­ Board of Stewards: Larry Eliason / Jorge Estrada / Pat Mackey

Name: DUANE M SALVINO Ruling Date: 6/29/2019
Jurisdiction: North Dakota Racing Commission Facility: Chippewa Downs
Ruling Number: 2019-CPW-1 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failed a Alcohol Breath Test registering a .123 BAC.
Name: GERALD LONGO Ruling Date: 6/29/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19014 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Gerald Longo who drove #6 MR BINGHAM in the seventh race at Running Aces Racetrack and Casino finishing 4th on June 23, 2019 is hereby fined the sum of fifty ($50.00) dollars for violation of the MRC Rule 7884.0260 Subpart 1 F. Failure to come up info position and on the gate. MRC Rule 7884.0260 ubpart 1 F / Driving Rules MRC Rule 7884.0200 Subpart 1 (A)(B) / Judges Authority
Name: JUAN M TORRES Ruling Date: 6/29/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23517 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Excessive use of the whip prior to race3 on 6/28/2019 at Delta Downs.
Name: FERNANDO LOPEZ Ruling Date: 6/29/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23518 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $50 for failure to declare an equipment change (flipping halter on) for his scheduled starter First Lady D in the 6th race on June 28, 2019, at Delta Downs, a change from its last race.
Name: NASON LOUIS ESCHETE Ruling Date: 6/28/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23514 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $50 for failure to declare an equipment change (flipping halter on) for his scheduled starter Jess For Plava in the 7th race on June 28, 2019, at Delta Downs, a change from its last race.
Name: DANNY MITTAG Ruling Date: 6/28/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23515 Ruling Type: License Type Changed
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer license issued Danny Mittag set to expire 6/30/2020 is hereby withdrawn without prejudice as per his request.
Name: ROBERTO RODRIGUEZ Ruling Date: 6/28/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23510 Ruling Type: Failure to Meet Financial Obligation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Submitted a non-cashable check to the LSRC for his owner license in the amount of $150. Owes $175.
Name: JAMES E HARDY Ruling Date: 6/28/2019
Jurisdiction: Massachusetts Racing Commission Facility: Plainridge Racecourse
Ruling Number: 2019-PRR-41 Ruling Type: Failure to Follow Facility Regulations
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: On 6/27/19 at PRC, trainer James Hardy did not arrive at the paddock at the prescribed time for race 8 with the No. 2 horse KARAN'S CHOICE and is hereby fined $100 for the violation.
Name: OMER BURKE Ruling Date: 6/28/2019
Jurisdiction: Massachusetts Racing Commission Facility: Plainridge Racecourse
Ruling Number: 2019-PRR-42 Ruling Type: Failure to Follow Facility Regulations
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On 6/27/19 at PRC, trainer Omer Burke Jr did not arrive to the paddock by the prescribed time for race 9 with the No. 3 horse PLUS ONE and is hereby fined $100 for the violation.
Name: JOHN S NASON Ruling Date: 6/28/2019
Jurisdiction: Massachusetts Racing Commission Facility: Plainridge Racecourse
Ruling Number: 2019-PRR-43 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/3/2019 Suspension End: 7/5/2019
Ruling Text: 18.01 (f). While driving No. 5 SHE'S A MAVERICK at PRC in the seventh race on 6/27/19, driver John Nason did cause interference to trailing horses before the 3/4 pole and was disqualified from the first and placed seventh for the violation. As a reusult of placing, Mr. Nason is also suspended from driving only for three days beginning Wednesday 7/3 through and including 7/5.
Name: ELISEO G CELESTINO Ruling Date: 6/28/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23513 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Failure to have his scheduled starter, “Marks Women Will” in the paddock resulting in a late scratch from race 9, June 26, 2019 at Delta Downs.

Name: JOSE S GUURRERO Ruling Date: 6/28/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23511 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/28/2019 Suspension End:
Ruling Text: Having failed to attend a scheduled hearing as per ruling 23480 issued at Delta Downs on 6/13/2019 shall remain suspended pending his appearance the stewards regarding possession of drugs syringes and needles.While under suspension is denied access to all race tracks, off track wagering facilities and recognized training tracks under the jurisdiction of the LSRC.
Name: DAMIAN ISAIAS MARTINEZ Ruling Date: 6/28/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23512 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $500 for careless riding, aboard Thisbugsfor You T, during the running of race 2, June 26, 2019, at Delta Downs, resulting in the disqualification of his mount from 2nd to 7th place.
Name: CHRISTIAN RUBEN ESQUEDA Ruling Date: 6/28/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19046 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Cristian Esqueda is hereby assessed a civil penalty of Three Hundred Dollars ($300) for prohibited use of the riding crop while striking his mount Jess Doin Time more than three consecutive times without pausing during the stretch run of the 1st Race at Canterbury Park on June 23, 2019 (2nd whip rule violation during the 2019 Canterbury Park meet).

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

Name: GEORGE RAY BRYANT Ruling Date: 6/27/2019
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5320 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 7/7/2019 Suspension End: 7/21/2019
Ruling Text: Upon being duly notified, Owner/Trainer George Bryant was represented in a hearing before the Lone Star Park Board of Stewards by Attorney John Mac Hayes on 06/21/19 in the matter of a Class 2B O-Desmethyltramadol positive for the horse My Bling, the second place finisher in the fourth race at Sam Houston Race Park on 02/23/19. Test sample number SH065631 tested positive for O-Desmethyltramadol in urine. George Bryant is hereby fined five hundred dollars and his TxRC occupational license is suspended for fifteen days (07/07/19 through 07/21/19) by the Lone Star Park Board of Stewards. First violation in a 365 day period.

During the term of this suspension, George Bryant is denied access to all facilities under the jurisdiction of the Texas Racing Commission. Horses owned or trained by George Bryant are denied entry pending transfer to a party approved by the Board of Stewards.

The horse My Bling must pass a Commission approved exam to be eligible to start.

My Bling is hereby disqualified and declared unplaced in the fourth race at Sam Houston Race Park on 02/23/19 with the purse to be redistributed as follows:

SHRP Fourth Race on 02/23/19 1. Mr. Money Bags 2. Truly Bling 3. Gold Buyer 4. Lullaby Bling 5. Mucho Dinero 6. Roundaboutation Unplaced: My Bling

Name: GEORGE RAY BRYANT Ruling Date: 7/17/2019
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5320-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 7/7/2019 Suspension End: 7/21/2019
Ruling Text: On July 1, 2019, an appeal was filed by the representative for George Bryant, John Mac Hayes. Violation date 2/23/19, Stewards' hearing date 6/21/2019 and Ruling date 6/27/19. Reasons for appeal - ruling is arbitrary and capricious, not consistent with hearing evidence, inconsistent with the rules, consitutes error in the interpretation of relevant mitigating evidence. Requested a stay on the appeal as the legal issue could be decided either way in favor of the licensee or in favor of the state. Executive Director denied the stay request on July 5, 2019, advised counsel for Appellant by phone on that Friday State holiday. Request to docket at SOAH sent 7/3/19.
Name: CHARLES J MCMAHON Ruling Date: 6/27/2019
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3530 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/6/2019 Suspension End: 7/13/2019
Ruling Text: Upon being duly notified, Jockey Charles J. McMahon waived hearing and was suspended seven calendar days (07/06/19 through 07/13/19) by the Lone Star Park Board of Stewards for careless riding during the running of the sixth race at LSP on 06/20/19, The terms of this suspension do not prohibit riding in designated stake races providing the jockey is named at time of entry.

A day in which a jockey participates in one designated race does not count as a suspension day.

Second violation in a 365 day period.

Name: Cecily Alexandra Evans Ruling Date: 6/26/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19040 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Cecily Evans is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking her mount " Cinco Star" more than three consecutive times without pausing during the stretch run of the 3rd Race at Canterbury Park on June 21, 2019 (1st whip rule violation during the 2019 Canterbury Park meet). Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. - General authority 7883.0160 (Post to Finish) Subp. 6a.C. - Use of riding crop 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: BRUCE L RIECKEN Ruling Date: 6/26/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19043 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Bruce Riecken is fined $100 for failure to report the alteration of the sex of "Clark and Addison", a participant in the Third Race on June 22, 2019, so it could be included in the program. Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.-- General authority. 7877.0170. (Duties and Responsibilies of Class C Licensees) Subp. 2 (Trainer).N. 7897.0130 (Schedule of Fines) Subp. 6 Timetable for paying fines (within 72 hours of ruling date)
Name: KELLY ORVIN HOERDT Ruling Date: 6/26/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-38 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Whipping Rule 458(2)(g)(b)
Name: KELLY ORVIN HOERDT Ruling Date: 6/26/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-38-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-38 - Ruling Final Outcome
Name: TRACEY RANEA WRIGHT Ruling Date: 6/25/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-33 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: RULING #105 DATE: 6/25/2019 NAME: Tracy Wright DOB: 11/7/1972 PERMIT: # 22313 Owner

The jockey agent license issued to Tracy Wright is hereby rescinded as she was issued an owner’s license.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 calendar days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. After 7 days all permits will be suspended without notice until fines have been paid. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: RAFAEL RAMOS Ruling Date: 6/24/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-30 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: DATE: June 24, 2019 RULING #: 104 TO: Rafael Ramos DOB: 10/24/1953 PERMIT #: 26176 Trainer The Stewards hereby impose the following penalty:

Having waived his right to a hearing, trainer Rafael Ramos is hereby found to be in violation of WV Rule of Racing 178-1-49.4.a.2. Industrial Laboratories reported sample E284776 taken from the horse “Mr. Steam” which finished 2nd in the 1st race on Tuesday, June 4, 2019 did contain Aminocaproic Acid confirmed in blood (approximately 6.94 ug/ml.) Aminocaproic Acid is a class 4 drug carrying a C penalty. Mr. Ramos elected not to send a split sample. The Board of Stewards concludes that Mr. Ramos has violated section 178-1-49.4.a.2 of the Thoroughbred Racing Rule, 178 C.S.R.1. This medication/prohibited substance violation is the permit holders 2nd offense in a 365 day period for a medication/substance violation carrying a C penalty. The permit holder has accumulated 0 (zero) points under the Multiple Medication Violation point system prior to this ruling. The points assessed for this medication/substance violation are 1 (one) points pursuant to section 178-1-49.3m of the Thoroughbred Racing Rules. Based on the guidelines set forth in table 178-1 of the Thoroughbred Racing Rules, the Board of Stewards hereby fine Mr. Ramos one thousand dollars ($1,000.00.)

The horse “Mr. Steam” is disqualified from all purse monies and the purse is to be redistributed as follows: 1st) Modern Medicine 2nd) Feet’s Afire 3rd) Romeo Royale 4th) Far’s Chief 5th) Majestic Desert 6th) Determined 7th) Aggravator 8th) Victory Slide

The horsemen's bookkeeper is requested to make the necessary adjustments.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 calendar days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. After 7 days all permits will be suspended without notice until fines have been paid. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: RICHARD D SEDILLO Ruling Date: 6/23/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-91 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 Richard Sedillo was duly notified and appeared before the Board of Stewards on June 24, 2019. 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 E316623. The test sample was taken from the FIRST place finisher FIRST PLACE” following the 9th race on May 12, 2019, at Ruidoso Downs.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 42±.5 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 Richard Sedillo.

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

MIDIGATING FACTOR: Veterinarian Dr. Martin Ivey took responsibility and provided paperwork that showed he administered the Dexamethasone mixed into another medication on May 5, 2019.

For Richard Sedillo’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 ($500) five hundred dollar fine to paid on or before July 24, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time shall result in an immediate suspension.

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)Knowledge of the Rules / 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: MARCOS A ZULUETA Ruling Date: 6/21/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON21 Ruling Type: Failure to Report or Appear
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Marcos Zulueta is hereby fined the sum of two hundred ($200.00) dollars for failing to have his horse ENGLISH LAUGHTER on the grounds at the designated time for prerace exam on Saturday, June 15, 2019.

Violation of N. J.A.C. Rule 13:70-14A.2(b)

Name: Guy Kisielewski Ruling Date: 6/20/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 32-2019 DEL Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 6/20/2019 Suspension End: 7/4/2019
Ruling Text: Delaware Park June 20, 2019 Stewards’ Ruling

(32-2019)

Stable Foreman/Assistant Starter Guy Kisielewski, DOB: 10/08/1969, RCI ID: 1951496, is hereby assessed a fine of fifteen hundred dollars ($1500), and suspended for fifteen (15) calendar days, from Thursday, June 20, 2019, through and including Thursday, July 4, 2019, for irresponsible behavior and causing an accident in the stable area at Delaware Park. During the time of his suspension, Mr. Kisielewski is denied access to all grounds under the jurisdiction of the Delaware Racing Commission. Following his suspension, Mr. Kisielewski will be reinstated with a conditional license. Refer to D.T.R.C. Rules 2.5.1.19, 3.4, 3.4.1.1, 3.4.1.3, 3.4.1.4, 18.3, 18.3.1. Fines to be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: WILLIAM N MARTIN Ruling Date: 6/16/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19028 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer William Martin is hereby assessed a civil penalty of $100 for failing to have Serengeti present on the grounds for pre-race inspection at the designated time necessitating a scratch from the 7th Race on June 8 at Canterbury Park. 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority. 7876.0110 (Off-Track Stabling) Subp. 3. --Horse must be at racetrack for race day inspection. 7897.0130 (Schedule of Fines) Subp. 6. --Timetable for paying fines.
Name: WILFREDO A. VEGA Ruling Date: 6/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON12 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Stable Employee Wilfredo Vega is hereby fined the sum of one hundred ($100.00) dollars for falsification of his 2019 license.

Violation of NJAC Rule 13:70-4.11 Any person making any false, untrue or misleading statements on an application for license or registration or in a written or oral examination in connection with such an application may be disciplined as provided for in these rules and regulations.

Name: Uriah Adolphus St.Lewis Ruling Date: 6/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON16 Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: A formal hearing was afforded Assistant Trainer Uriah St Lewis, Jr. in the Steward's Office at Monmouth Park in regards to numerous reports involving his conduct on Saturday, May 25, 2019.

After hearing all testimony and studying all the evidence presented at the hearing, the Stewards find Mr. St Lewis, Jr. to be in violation of New Jersey Racing Commission rules;

13:70-1.7 Language - No person shall use improper, profane or indecent language to a racing official.

13:70-1.8 Disturbing the Peace- No person shall in any manner, or at any time, disturb the peace or make himself obnoxious on the grounds of an association.

13:70-1.15 Penalties: acts detrimental to racing- The stewards may fine, suspend or rule off any person who in their opinion has acted to the detriment of racing or violated the rules.

Assistant Trainer Uriah St Lewis, Jr. is hereby fined the sum of five hundred ($500.00) dollars and placed on probation for the remainder of the calendar year 2019.

Name: JOSE LOZANO SANCHEZ Ruling Date: 6/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON19 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Jose Lozano Sanchez is hereby fined one hundred ($100.00) dollars for violation of the fire code regulations.

Violation of NJAC Rule 13:70-16.2 - "The stewards shall have the power to determine all questions arising with reference to racing; and shall decide in conformity with fairness and the established usage of the turf, all questions not specifically covered by the rules."

Name: JOHN THOMAS BROWN Ruling Date: 6/12/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-28 Ruling Type: Trainer Responsibility
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RULING #100 DATE: 6/12/2019 NAME: John T Brown DOB: 6/18/1957 PERMIT: # 16153 Trainer

The Stewards hereby impose the following penalty: Trainer John T. Brown is hereby fined one hundred dollars ($100.00) for violation of WV Rule of Racing 178-1-44.1. “its breed registration is not on file with the association’s racing secretary one-half hour (1/2) before post time of the first race. Mr. Brown failed to have the foal registration papers on file with the racing office for “Thirtysilverpieces” in the 3rd race on Wednesday, June 6, 2019.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 calendar days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. After 7 days all permits will be suspended without notice until fines have been paid. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: MEGAN E REYNOLDS Ruling Date: 6/10/2019
Jurisdiction: Massachusetts Racing Commission Facility: Plainridge Racecourse
Ruling Number: 2019-PRR-34 Ruling Type: Failure to Follow Facility Regulations
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On 6/10/19 for race 8 at PRC, trainer Megan Reynolds did present the No. 7 horse CHIP WALTHER late for lasix and is hereby fined $100 for the violation. Subsequent violations may result in increased penalties.
Name: PAUL OSVALDO RODRIGUEZ-GARCIA Ruling Date: 6/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-70 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/22/2019 Suspension End: 6/29/2019
Ruling Text: Jockey PAUL OSVALDO RODRIGUEZ-GARCIA was summoned , failed to appear or respond, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance,before the Board of Stewards on June 9, 2019, for careless riding during the running of the 4th race on May 26, 2019, at Ruidoso Downs, while aboard “CD BETTER BE FIRST”, which resulted in his mount being disqualified from 3rd place to 10th place. (Bore out shortly after the start impeding outside horses.)

The Board of Stewards hereby assess PAUL OSVALDO RODRIGUEZ-GARCIA a suspension of 7 calendar days (June 22, 2019, through June 28, 2019, inclusive ). PAUL OSVALDO RODRIGUEZ-GARCIA is allowed to ride designated races.

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

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

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

Name: Sergio Becerra Ruling Date: 6/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-73 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: SERGIO BECERRA, JR was summoned , failed to appear or respond, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on June 9, 2019. The hearing was in regard to SERGIO BECERRA, JR’s excessive use of the whip on his mount “SONG OF THE C BIRD” during the running of the 9th race on June 8, 2019, at Ruidoso Downs.

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

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

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

Name: MARTIN RODRIGUEZ ORONA Ruling Date: 6/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-66-CC Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/7/2019 Suspension End:
Ruling Text: RE: 2019-RUI-66 - Case Continued Trainer Martin Orona Sr. (currently under summary suspension) was duly notified and represented telephonically by counsel Gene Chavez for a summary suspension hearing before the Board of Stewards on June 17, 2019. The summary suspension was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses) Controlled Substance, clenbuterol, found in test sample #E316797 taken from the second place finisher (trained by Martin Orona Sr.), “DADDIES GIRL”, in the 6th race on May 27, 2019, at Ruidoso Downs.

In accordance with 15.2.1.9(B)(3)(a), the Board of Stewards hereby continue the summary suspension of all licenses belonging to Martin Orona Sr. pending the results of the split sample.

In accordance with 15.2.1.9 (C)(21), Martin Orona Sr.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 Martin Orona Sr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained, owned, or in the care and custody of Martin Orona Sr.must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) 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. 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- Clenbuterol Class A Classification for Quarter horses 15.2.6.9(C)(1)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 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)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit15.2.1.8(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: MARTIN RODRIGUEZ ORONA Ruling Date: 6/7/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-66 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/7/2019 Suspension End:
Ruling Text: Trainer, Martin Orona Sr., is hereby summarily suspended, effective immediately, June 7, 2019, pending the outcome of his hearing on June 17, 2019, @ 12:00 p.m in the office of the Board of Stewards at Ruidoso Downs Racetrack (26225 US-70, Ruidoso NM 88346.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses) Controlled Substance, clenbuterol, found test sample #E316797 taken from the second place finisher (trained by Martin Orona Sr.), “DADDIES GIRL”, in the 6th race on May 27, 2019, at Ruidoso Downs.

In accordance with 15.2.1.9 (C)(21), Martin Orona Sr.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 Martin Orona Sr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained, owned, or in the care and custody of Martin Orona Sr.must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

Name: Wendy K Taylor-Monroe Ruling Date: 6/7/2019
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gretina Racing
Ruling Number: 2019-GRET-1 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 7/12/2019 Suspension End: 7/26/2019
Ruling Text: Administrative Complaint # 2019027347 - 550.2415 F.S. Violation = Caffeine, Theobromine, Theophylline. "Firin Flashy"
Name: SANTIAGO RIOJAS Ruling Date: 6/6/2019
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5315 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 6/9/2019 Suspension End: 6/23/2019
Ruling Text: Upon being duly notified, Owner/Trainer Santiago Riojas Jr. waived hearing on 06/03/19 in the matter of a Class 3B Clenbuterol positive for the horse Queen Coronada, the winner of the fifteenth race at Sam Houston Race Park on 04/13/19. Test sample number SH066014 tested for Clenbuterol in urine. Santiago Riojas Jr. is hereby fined five hundred dollars and his TxRC occupational license is suspended for fifteen days (06/09/19 through 06/23/19) by the Lone Star Park Board of Stewards. During the term of this suspension Santiago Riojas Jr. is denied access to all facilities under the jurisdiction of the Texas Racing Commission. Horses owned or trained by Mr. Riojas are denied entry pending sale or transfer to a party approved by the Board of Stewards.

The horse Queen Coronada will be placed on the vets list for sixty days and must provide a negative test sample to be removed.

Queen Coronada is hereby disqualified and declared unplaced in the fifteenth race at Sam Houston Race Park on 04/13/19 with the purse to be redistributed as follows:

SHRP Fifteenth Race on 04/13/19 1. Moscato 2. Crooked Hillary GL 3. Big Shark 4. La Jolla Return 5. Famous Cash Corona 6. Azoomin Roula 7. Risen For A Reason 8. Moonflash Dancin Unplaced: Queen Coronada

Name: FELIPE GARCIA LUNA Ruling Date: 6/1/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-55 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Felipe Garcia Luna was summoned by the Board of Stewards and failed to appear, respond, or send a jockey guild’s representative on June 1, 2019, at Ruidoso Racetrack. For his actions, Felipe Garcia Luna is hereby assessed a fine in the amount one hundred dollars ($100.00). This fine is to be paid on or before July 1, 2019, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

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

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

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: FELIPE GARCIA LUNA Ruling Date: 6/1/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-56 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Felipe Garcia Luna , was duly notified , failed to appear or respond, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance,before the Board of Stewards on June 1, 2019. The hearing was in regard to Felipe Garcia Luna’s misuse of whip on his mount “EYEM MR BLU” during the post parade for the 12th race on May 31, 2019, at Ruidoso Downs.

Aggravating Circumstances: Hit horse multiple times

The Board of Stewards hereby fines Felipe Garcia Luna in the amount of two hundred dollars ($200.00). The fine is to be paid on or before July 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 15.2.5.13(E)(6)(e) Use of riding crops. Indiscriminate use of the whip is prohibited including whipping a horse: on the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; during the post parade or after the finish of the race except when necessary to control the horse; excessively or brutally causing welts or breaks in the skin; when the horse is clearly out of the race or has obtained its maximum placing; persistently even though the horse is showing no response under the riding crop; or striking another rider or horse. 16.47.1.8(U)(2)PROTECTION OF HORSES No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care

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

Name: CHRISTI MARIE FLORES Ruling Date: 5/29/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-16 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
BEFORE THE BOARD OF STEWARDS
MOUNTAINEER RACETRACK
MULTIPLE MEDICATION VIOLATION RULING

DATE: May 29, 2019 RULING #: 88 TO: Christi Flores DOB: 10-11-1968 PERMIT #: 25499 Owner/Trainer The Stewards hereby impose the following penalty:

Having waived her right to a hearing, Owner/Trainer Christi Flores is hereby fined one thousand dollars ($1,000.00) for violation of WV Rule of Racing 178-1-49.4.a.1. Industrial Laboratories reported sample #E284527 taken from the horse "Sin Problema” which finished 4th in the 2nd race on Sunday, April 28, 2019 did contain the drug Altrenogest confirmed in blood (Approximately 253 pg/ml). Ms. Flores declined to send a split sample. This medication/prohibited substance violation is the permit holders 1st offense in a 365 day period for a medication/prohibited substance carrying a C penalty. The permit holder has accumulated zero points under the multiple medication violation point system prior to this ruling. The points assessed for this medication/substance violation are two (2) giving a total of two (2) points under the Multiple Medication Violations.

The horse “Sin Problema” is disqualified from all purse monies and the purse is to be redistributed as follows: 1st) Poitier 2nd) Markofsuccess 3rd) Rejuvenate 4th) Cactusa Ice 5th) Chavon 6th) Senor Artie 7th) Gimme One Too

The horsemen's bookkeeper is requested to make the necessary adjustments.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 calendar days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. After 7 days all permits will be suspended without notice until fines have been paid. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: DAVID ALLEN TREHARNE Ruling Date: 5/28/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-15 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
BEFORE THE BOARD OF STEWARDS
MOUNTAINEER RACETRACK
MULTIPLE MEDICATION VIOLATION RULING

DATE: May 28, 2019 RULING #: 87 TO: Dave Treharne DOB: 1/11/1979 PERMIT #: 24518 Owner/Trainer The Stewards hereby impose the following penalty:

Having waived his right to a hearing, Owner/Trainer Dave Treharne is hereby fined two hundred fifty dollars ($250.00) for violation of WV Rule of Racing 178-1-49.4.a.2. Industrial Laboratories reported sample # E284591 taken from the horse “Hotspur Harriet” which finished 1st in the 5th race on Monday, May 6, 2019 did contain Phenylbutazone above the accepted threshold. The sample confirmed in blood at 3.58 ug/ml. Phenylbutazone is a class 4 drug carrying a C penalty. Mr. Treharne elected not to send a split sample. This medication/prohibited substance violation is the permit holders 1st offense in a 365 day period for a medication/prohibited substance carrying a C penalty. The permit holder has accumulated one (1) points under the multiple medication violation point system prior to this ruling. The points assessed for this medication/substance violation are one-half (1/2) giving a total of one and one-half (1 1/2) points under the Multiple Medication Violations.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 calendar days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. After 7 days all permits will be suspended without notice until fines have been paid. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: SHAWN A MARKS Ruling Date: 5/27/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-4 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
BEFORE THE BOARD OF STEWARDS
MOUNTAINEER RACETRACK
MULTIPLE MEDICATION VIOLATION RULING

DATE: May 27, 2019 RULING #: 86 TO: Shawn Marks DOB: 9/16/1949 PERMIT #: 24885 Owner/Trainer The Stewards hereby impose the following penalty: Having waived his right to a hearing, Owner/Trainer Shawn Marks is hereby fined two hundred fifty dollars ($250.00) for violation of WV Rule of Racing 178-1-49.4.a.2. Industrial Laboratories reported sample # E284640, taken from the horse “Conquest Sorceror” which finished 1st in the 6th race on Saturday, May 4, 2019 did contain Flunixin above the accepted threshold. The sample confirmed in blood at 67.7 ng/ml. Flunixin is a class 4 drug carrying a C penalty. Mr. Marks elected not to send a split sample. This medication/prohibited substance violation is the permit holders 1st offense in a 365 day period for a medication/prohibited substance carrying a C penalty. The permit holder has accumulated zero points under the multiple medication violation point system prior to this ruling. The points assessed for this medication/substance violation are one-half (1/2) giving a total of one-half (1/2) points under the Multiple Medication Violations.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 calendar days after the ruling is issued, unless otherwise ordered by the Stewards, per WV Rule of Racing number 178-1-8.5.n. After 7 days all permits will be suspended without notice until fines have been paid. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of $500.00.

Name: Allison Judith Martinez Ruling Date: 5/26/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2019-SRP-14-CC Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/20/2019 Suspension End:
Ruling Text: RE: 2019-SRP-14 - Case Continued Trainer: Allison Martinez was summarily suspended on May 20, 2019, (Ruling, 2019-SRP-14) and appeared before the Board of Stewards for the summary suspension hearing on May 26, 2019 and waived her right to a summary suspension hearing. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the controlled substance and prohibited drug (class 3 penalty A) “Clenbuterol” detected in the urine of the quarter horse “Miss Pretty Tee” (Test Sample #: E317752, First place finisher in the 2nd race on May 5, 2019. Split sample rights were afforded to Allison Martinez and accepted (results are not in as of the date of the summary suspension hearing). Shoe L. Inc. (Bob E. Lee et al) are the owners of record for horse “Miss Pretty Tee”,

Trainer Allison Martinez shall remain suspended pending the outcome of her disciplinary hearing which will be scheduled for a later date.

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 1970. 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension

Name: Allison Judith Martinez Ruling Date: 5/20/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2019-SRP-14 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/20/2019 Suspension End:
Ruling Text: Trainer, Allison Martinez, is hereby summarily suspended, effective immediately, May 20, 2019 pending the outcome of her hearing scheduled for May 26, 2019, at 9:30 a.m. in the office of the Board of Stewards at Sunray Park Racetrack (39 Road 5568, Farmington, NM 87401), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Quarter Horse Penalty A Controlled Substance, clenbuterol, found in test sample #E317752 taken from the first place finisher, for the Quarter Horse “Miss Pretty Tee”, in the 2nd race on May 5, 2019, at Sunray Park Racetrack.

In accordance with 15.2.1.9 (C)(21), Allison Martinez 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 Allison Martinez 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 Allison Martinez 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: KATHLEEN O'CONNELL Ruling Date: 5/7/2019
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park
Ruling Number: 20504 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2019020387 - F.S. 550.2415 = Nandrolone "jalen journey"
Name: GILBERT WARREN ECOFFEY Ruling Date: 4/29/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Wyoming Parimutual Commission
Ruling Number: 2019-Comm-6 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Ruling No. #19-0006
In the Matter of Gilbert W. Ecoffey
On April 29, 2019, the Wyoming Pari-Mutuel Commission received an application from Mr. Ecoffey. Upon reviewing the application, it was noted that Mr. Ecoffey had been denied a license by the Nebraska State Racing Commission on January 16, 2019 (2019-Comm-1).

Acting under the authority granted to this Commission pursuant to Wyo. Stat. Ann. § 11-25-104(e), Chapter 7 Section 1(i), (vii) and Chapter 7 Section 1(l) every person whose license is suspended, revoked or denied by any other State must be reinstated by the state in which the original ruling was made before being licensed in Wyoming.

Mr. Ecoffey is being notified that his request for licensing is denied. Furthermore he is advised that he can appeal this pursuant to Chapter 3, Appeals, Protests and Hearings.

Charles E. Moore, Executive Director

Name: GILBERT WARREN ECOFFEY Ruling Date: 6/5/2019
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Wyoming Parimutual Commission
Ruling Number: 2019-Comm-6-REST Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2019-Comm-6 - Restored to Good Standing
Name: ELLIOTT LLOYD BACHICHA Ruling Date: 4/16/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-231 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 5/11/2019 Suspension End: 11/7/2019
Ruling Text: Trainer/Owner: Elliot Bachicha was duly notified and appeared by telephone before the Board of Stewards on April 16, 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 controlled substance (class 3 penalty B) drug “Clenbuterol” at 19 pg/ml which exceeds the authorized limit of 0pg/ml detected in the horse “My Mister Pt” (Test Sample #: E305830), who finished 2nd in the 3rd race on March 8, 2019, at Sunland Park Racetrack. Elliot Bachicha, is the owner of record for horse “My Mister Pt”.

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

For Elliot Bachicha’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 180 day suspension of all NMRC licenses starting May 11, 2019, through November 6. 2019, inclusive. . These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. A ($2500.00) Twenty Five Hundred Dollar fine to be paid on or before May 15, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.
    3. In accordance with 15.2.5.13(E)(4)(d) Purse Redistribution, The horse “My Mister Pt” is hereby disqualified from SECOND PLACE and ordered unplaced from the 3rd race on March 8, 2019, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Atlas Sparks
                2. Frozen Star
                3. Sbm Mia Wild Six
                4. Dust You
                5. Runaway Hurricane
                6. Mountnbound Princess
                7. James Wanta Chick
                8. Big Memorys Kendy
                9. Rare Valor
Unplaced “My Mister Pt” 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 “My Mister Pt” was placed on the Stewards list for a minimum period of 60 days (beginning March 26, 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: CHRISTOPHER E DONOGHUE Ruling Date: 4/10/2019
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Daytona Beach Kennel Club
Ruling Number: 2019-DBK-2 Ruling Type: Medication/Drug Violation - Animal
Breed: Greyhound Division: Dog
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2019015669 - F.S. 550.2415 violation = Albuterol. "JD's ARYANNA"
Name: Eloy Mendoza Ruling Date: 4/7/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP129 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 4/9/2019 Suspension End: 10/6/2019
Ruling Text: Having been properly noticed for a formal hearing and having appeared Owner/Trainer Eloy Mendoza-Mendoza (ADG #10122) is hereby fined TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) plus 5% Race Horse Adoption Fund surcharge for a total of TWO THOUSAND SIX HUNDRED AND TWENTY FIVE DOLLARS ($2,625.00) and suspended ONE HUNDRED AND EIGHTY CALENDAR DAYS, (180) (April 9, 2019, through October 6, 2019, inclusive), after receipt of an affidavit from Industrial Laboratories indicating blood sample #E298740 taken from the horse "ONE SWEET BOOGIE", second (2nd) place finisher in the first (1st) race on January 13, 2019, at Turf Paradise Race Course was confirmed positive for the presence of the Class III foreign substance CLENBUTEROL at a concentration of approximately 87.4 pg/ml, confirmed positive for the presence of the Class III foreign STANOZOLOL at a concentration of approximately 176 +/- 13 pg/mL. and was confirmed positive for presence of the Class II foreign substance ZILPATEROL at a concentration of approximately 5.08 ng/mL.

A split sample was requested by Mr. Mendoza-Mendoza to test for CLENBUTEROL and ZILPATEROL but not for STANOZOLOL. The split sample report from Texas A & M Veterinary Medical Diagnostic Laboratory confirmed the presence of the Class III foreign substance CLENBUTEROL at a concentration of 75 +/- 32 pg/mL and confirmed the presence of the Class II foreign substance ZILPATEROL at a concentration of 4.5 +/- 0.8 ng/mL in sample #E298740 taken from the horse "ONE SWEET BOOGIE", second (2nd) place finisher in the first (1st) race on January 13, 2019, at Turf Paradise Race Course.

Furthermore, this case is referred to the Arizona Department of Gaming/Racing Division Director with the recommendation that the suspension be increased at least an additional 365 days (aggravating factor: three violations in the same sample, two of which carry Class A penalties)

The horse "ONE SWEET BOOGIE ", second (2nd) place finisher in the first (1st) race on January 13, 2019, shall be disqualified and declared unplaced. Additionally "ONE SWEET BOOGIE ", shall be placed on the Stewards List until June 8, 2019, (60 days) and must be retested (negative sample) for foreign substances prior to removal from the Stewards List.

The official order of finish is as follows: 1. PAKEA JR 5. MISS PEPPY CORONA 2. JESS FEEL BETTER 3. GOLD MEDAL SPLASH 4. STEL SAVING

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

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by April 19, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning April 20, 2019, through and inclusive of October 17, 2019, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

During the term of his suspension Eloy Mendoza-Mendoza is denied access to all grounds under the jurisdiction of the Arizona Department of Gaming/Racing Division. All horses owned and/or trained by the respondent are hereby denied entry for racing pending sale and/or transfer approved by the Board of Stewards.

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

Name: Eloy Mendoza Ruling Date: 4/10/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP129-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 4/9/2019 Suspension End: 10/6/2019
Ruling Text: RE: 18-19TP129 - Appeal Submitted
Name: Eloy Mendoza Ruling Date: 4/10/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP129-ASD Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 4/9/2019 Suspension End: 10/6/2019
Ruling Text: RE: 18-19TP129 - Appeal Stay Denied - Hearing before Racing Director will be scheduled
Name: Eloy Mendoza Ruling Date: 4/24/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP129-CC Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 4/9/2019 Suspension End: 10/6/2019
Ruling Text: RE: 18-19TP129 - Case Continued - Hearing scheduled for 06/05/2019 before Director of Racing Division
Name: Eloy Mendoza Ruling Date: 5/1/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP129-FTC Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 4/9/2019 Suspension End: 10/6/2019
Ruling Text: RE: 18-19TP129 - Failure to Comply - Failed to pay fine as ordered by Stewards.
Name: Eloy Mendoza Ruling Date: 7/17/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP129-CC1 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 4/9/2019 Suspension End: 10/6/2019
Ruling Text: RE: 18-19TP129 - Case Continued - Informal Settlement Conference scheduled for July 18, 2019. If no agreement reached during this conference then a hearing will be scheduled.
Name: TOM ROSS MCKENNA Ruling Date: 3/30/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-199 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Tom McKenna (Judge Lanier Racing Stable et al) was duly notified, and was represented by attorney Billy Blackburn before the Board of Stewards on March 30, 2019. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4C major), found in test sample #E276593. The test sample was taken from the first place finisher Sphene” following the 6th race on July 21, 2018 at the Downs of Albuquerque Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 74.6 +/- 3.1 pg/ml in the blood, which exceeds the limit of 5.0 pg/ml per 15.2.6.9 NMAC Attachment 2

A split sample was sent by the trainer and confirmed at (37 +/- 12 pg/ml) Truesdail Laboratories.

Miguel Hernandez was the trainer of record for the horse “Sphene” at the time of the violation.

In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Tom McKenna’s (Judge Lanier Racing Stable et al) SECOND Class 4C MAJOR medication violation in a 365-day period. The Board of Stewards hereby assess penalty as follows:

        1. The horse “Sphene” is hereby disqualified from first place and ordered unplaced from the 6th race on July 21, 2018 at the Downs of Albuquerque for all but pari-mutuel wagering.

The purse redistribution is as follows

                1. Secular Nation
                2. Colonel Pike
                3. One Stop Shop
                4. Flat Fast
                5. Trooper
                6. Istillgotit
                7. Litigator
Unplaced: Sphene

2. The horse “Sphene” must pass a commission approved examination before being eligible to enter.

Licensee is found to be in violation of and this ruling is written in accordance with 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards /15.2.6.9(C)(1) Medication Restrictions / 15.2.6.9(F)Permissible/ 15.2.6.9 NMAC Attachment 2/ Medications With Acceptable Levels /15.2.6.9(B)(4)Penalty Recommendations/ 15.2.3.8(B)(3)(k) Redistribution of Prizes/ 15.2.5.13(E)(4)(d) NMAC Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification.”

Name: TOM ROSS MCKENNA Ruling Date: 4/11/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-199-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-199 - Appeal Submitted to Commission on 4/4/2019 @ 12:00pm KF
Name: TOM ROSS MCKENNA Ruling Date: 4/11/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-199-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-199 - Appeal Stay Granted Pending the Appeal Process. The Stay request letter was sent electronically to Mr. McKennas Attorney, Mr. Billy Blackburn, Esq., on 4/10/2019 and was also sent USPS on 4/11/2019 to Mr. McKenna and Mr. BlackBurn. KF
Name: ELLIOTT LLOYD BACHICHA Ruling Date: 3/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-176 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 3/12/2019 Suspension End: 5/10/2019
Ruling Text: Trainer: Elliot Bachicha was duly notified and waived his right to a summary suspension and a disciplinary hearing before the Board of Stewards on March 19, 2019. The hearing was in regard to a certificate of analysis from Industrial Laboratories (the official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” at 42 pg/ml which exceeds the authorized limit of 0pg/ml in urine detected in the horse “Es Hearts Delight” (Test Sample #: E292120), who finished 2nd in the 5th race on February 22, 2019, at Sunland Park Racetrack. Robert O. Esquibel, is the owner of record for horse “Es Hearts Delight”.

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

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

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

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

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

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

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

Name: GERARD OCHOA Ruling Date: 2/25/2019
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2019-TAM-17 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 11/10/2019 Suspension End: 1/8/2020
Ruling Text: Administrative Complaint # 2019006744 - F.S. 550.2415 = Boldenone "My Computer"
Name: GERARD OCHOA Ruling Date: 2/8/2019
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2019-TAM-18 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/13/2019 Suspension End: 9/10/2019
Ruling Text: Administrative Complaint # 2019005596 - F.S. 550.2415 = Boldenone " Persistent Run"
Name: GERARD OCHOA Ruling Date: 2/8/2019
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2019-TAM-19 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 9/11/2019 Suspension End: 11/9/2019
Ruling Text: Administrative Complaint # 2019005646 - F.S. 550.2415 = Boldenone "Litigant"
Name: ROBERT MECHE Ruling Date: 1/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-33 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/19/2019 Suspension End: 1/18/2020
Ruling Text: Trainer/Owner: Robert Meche, having been duly notified and failed to appear before the Board of Stewards on January 18, 2019. The hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance. The hearing was in regard to Robert Meche failing to report, as instructed, to the Zia Park Test Barn Facility on November 11, 2018, with the horses “All Blinged Up”, “RKM a Perfect Storm” and “Jess Groovy” which were selected for out of competition testing. Robert Meche was properly notified in accordance with 15.2.6.9 J (1) (a-e) OUT OF COMPETITION TESTING . The Board of Stewards hereby access Robert Meche: A penalty of one year suspension of all NMRC licenses starting January 19, 2019, through January 18,2020, inclusive. The horses “All Blinged Up”, “RKM a Perfect Storm” and “Jess Groovy” are placed on the stewards list for a minimum of 120 days beginning November 12, 2018. These horses must pass a hair test before entry.

During said time of applicable suspension Robert Meche 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 Robert Meche 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 in accordance with: 15.2.6.9 J (8) (a-b) All horses selected for testing must be presented to the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, at the time designated, unless the trainer or owner provides verification of an extenuating circumstance that makes it impossible. Penalties for violations of this subsection include: (a) any horse not presented for testing upon notification absent extenuating circumstances will be placed immediately on the steward’s list for a minimum of 60 days and shall be subject to all the requirements set forth in Paragraph (8) of Subsection C of 15.2.6.9 NMAC; and b) the licensed trainer of a horse not presented for testing upon notification and absent extenuating circumstances is a minimum license suspension of one year. 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: ROBERT MECHE Ruling Date: 1/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-33-ASC Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/19/2019 Suspension End: 1/18/2020
Ruling Text: RE: 2019-SUN-33 - Appeal Submitted to Commission

Appeal received at Sunland Park on January 22, 2019 at 12:24 PM.

Name: ROBERT MECHE Ruling Date: 3/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-33-MOD Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/19/2019 Suspension End: 1/18/2020
Ruling Text: RE: 2019-SUN-33 - Modified Ruling Trainer/Owner: Robert Meche, having been duly notified and failed to appear before the Board of Stewards on January 18, 2019. The hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance. The hearing was in regard to Robert Meche failing to report, as instructed, to the Zia Park Test Barn Facility on November 12, 2018, with the horses “All Blinged Up”, “RKM a Perfect Storm” and “Jess Groovy” which were selected for out of competition testing. Robert Meche was properly notified in accordance with 15.2.6.9 J (1) (a-e) OUT OF COMPETITION TESTING . The Board of Stewards hereby access Robert Meche: A penalty of one year suspension of all NMRC licenses starting January 19, 2019, through January 18,2020, inclusive. The horses “All Blinged Up”, “RKM a Perfect Storm” and “Jess Groovy” are placed on the stewards list for a minimum of 120 days beginning November 12, 2018. These horses must pass a hair test before entry.

During said time of applicable suspension Robert Meche 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 Robert Meche 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 in accordance with: 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. 15.2.6.9 J (8) (a-b) All horses selected for testing must be presented to the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, at the time designated, unless the trainer or owner provides verification of an extenuating circumstance that makes it impossible. Penalties for violations of this subsection include: (a) any horse not presented for testing upon notification absent extenuating circumstances will be placed immediately on the steward’s list for a minimum of 60 days and shall be subject to all the requirements set forth in Paragraph (8) of Subsection C of 15.2.6.9 NMAC; and b) the licensed trainer of a horse not presented for testing upon notification and absent extenuating circumstances is a minimum license suspension of one year. 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: TRUDY ANN HEATH Ruling Date: 1/15/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP084 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 1/27/2019 Suspension End: 7/25/2019
Ruling Text: Having been properly notified for a hearing and having failed to appear, Groom Trudy Heath (ADG# 24167) is hereby fined TWO HUNDRED DOLLARS ($200.00) plus 5% Race Horse Adoption surcharge for a total of TWO HUNDRED AND TEN DOLLARS ($210.00), for falsification of your license by failing to disclose her criminal record.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by January 26, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning January 27, 2019, through and inclusive of July 26, 2019, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied. The above described matter constitutes a violation in accordance with:

A.A.C. R-19-2-106(B)(C); A.A.C. R-19-2-121(E); A.R.S. 5-104(B); A.R.S. 5-108(A);

Name: TRUDY ANN HEATH Ruling Date: 1/29/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP084-FTC Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 1/27/2019 Suspension End: 7/25/2019
Ruling Text: RE: 18-19TP084 - Failure to Comply-Failed to pay fine.
Name: DAMIEN P EDDINGS Ruling Date: 1/29/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP077-FTC Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 210 Fine Paid: N
Suspension Start: 1/23/2019 Suspension End: 7/21/2019
Ruling Text: RE: 18-19TP077 - Failure to Comply - Failed to pay fine.
Name: DAMIEN P EDDINGS Ruling Date: 1/12/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP077 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 210 Fine Paid: N
Suspension Start: 1/23/2019 Suspension End: 7/21/2019
Ruling Text: Having been properly notified for a hearing and having waived that right, Damien Eddings (ADG #24186) is hereby fined TWO HUNDRED DOLLARS ($200.00) plus 5% Race Horse Adoption surcharge for a total of TWO HUNDRED AND TEN DOLLARS ($210.00), for falsification of your license by failing to disclose his criminal record.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by January 22, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning January 23, 2019 through and inclusive of July 22, 2019, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R-19-2-106(B)(C); A.A.C. R-19-2-121(E); A.R.S. 5-104(B); A.R.S. 5-108(A);

Name: CESAR GARCIA ESQUEDA Ruling Date: 12/28/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23188 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Failure to fulfill his riding engaggements on 12/17/18 at Evangeline Downs.
Name: WALTER KENT BOWERS Ruling Date: 11/6/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP020 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 210 Fine Paid: N
Suspension Start: 11/16/2018 Suspension End: 5/14/2019
Ruling Text: Having been properly notified for a hearing and having appeared, Farrier Walter Kent Bowers (ADG #23745) is hereby fined TWO HUNDRED DOLLARS ($200.00) plus 5% Race Horse Adoption surcharge for a total of TWO HUNDRED AND TEN DOLLARS ($210.00), for falsification of your license by failing to disclose his criminal record.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by November 16, 2018, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning November 17, 2018 through and inclusive of May 16, 2019, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R-19-2-106(B)(C); A.A.C. R-19-2-121(E); A.R.S. 5-104(B); A.R.S. 5-108(A);

Name: WALTER KENT BOWERS Ruling Date: 11/16/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP020-FTC Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 210 Fine Paid: N
Suspension Start: 11/16/2018 Suspension End: 5/14/2019
Ruling Text: RE: 18-19TP020 - Failure to Comply- failed to pay fine.
Name: PORFIRIO GUILLERMO FIERRO Ruling Date: 11/9/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23102 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Fined $100 for failure to declare an equipment change (flipping halter off) for his scheduled starter Takin Names in the 6th race on October 31, 2018, at Evangeline Downs, a change from its last race.
Name: DAMIAN ISAIAS MARTINEZ Ruling Date: 11/1/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23086 Ruling Type: Failure to Report or Make Correct Weight
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Failed to report correct weight.
Name: Allison Judith Martinez Ruling Date: 10/22/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-127 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Allison J Martinez was duly notified and and responded telephonically for a hearing before the Board of Stewards on October 22, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4 penalty category C MAJOR drug), found in test sample E277043. The test sample was taken from the SECOND place finisher PERRY TEES JET” following the 10th race on August 25, 2018, at The Downs at Albuquerque.

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

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

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

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

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

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

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

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

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

Name: GERARD OCHOA Ruling Date: 9/5/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park Thoroughbred After Racing Program
Ruling Number: 2018-GPAR-3 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Cpmplaint # 2018044587 - F.S. 550.2415 Violation = Betamethasone.
Name: ROBERT J TOUCHET Ruling Date: 7/3/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22921 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol was reported at 182pg/ml in post-race urine of sample DD55471 taken from “Lorenzo T”, winner of race 10, June 8, 2018, at Delta Downs.). Upon notification, Owner/Trainer Robert Touchet declined his right to have the split portion tested and waived his right to a formal stewards’ hearing. The stewards concluded that the sample contained Clenbuterol above the permitted level and this is an  ARCI category III drug. Owner/Trainer Robert Touchet  is hereby fined $1000 and “Lorenzo T” is disqualified and declared unplaced and the purse ordered redistributed.
 
Name: GERARD OCHOA Ruling Date: 5/7/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2018-TAM-44 Ruling Type: Medication/Drug Violation - Animal
Breed: Greyhound Division: Dog
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint #2018-020063 - F.S. 550.2415 Violation = Betamethasone. "GRAND PRIMPI"
Name: GERARD OCHOA Ruling Date: 5/7/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2018-TAM-45 Ruling Type: Medication/Drug Violation - Animal
Breed: Greyhound Division: Dog
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2018025329 - F.S. 550.2415 Violation = Flunixin & Phenylbutazone.
Name: KENNETH D WEEKS Ruling Date: 4/30/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22727 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol 406.2pg/mi in post-race urine sample LD43477 taken from “First Prize Rita, winner of race 3, March 11, 2018, at Louisiana Downs. Trainer declined his right to have the split portion tested and waived his right to a formal steward’s hearing. The stewards concluded that the sample contained Clenbuterol. Trainer Kenneth Weeks is hereby fined the sum of $1000. “First Prize Rita” is disqualified and declared unplaced and the purse ordered redistributed.
Name: KENNETH D WEEKS Ruling Date: 4/30/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22729 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol 286.8pg/mi in post-race urine sample LD43486 taken from “Chicks First Patty", winner of race 1, March 12, 2018, at Louisiana Downs. Trainer declined his right to have the split portion tested and waived his right to a formal steward’s hearing. The stewards concluded that the sample contained Clenbuterol. Trainer Kenneth Weeks is hereby fined the sum of $1000. “Chicks First Patty” is disqualified and declared unplaced and the purse ordered redistributed.
Name: GERARDO OCHOA Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-248 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: Y
Suspension Start: 5/2/2019 Suspension End: 8/3/2019
Ruling Text: Trainer Gerardo Ochoa was duly notified and represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 13, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Taleas Pride” (Test Sample #: NM29819), who finished 2nd place in the 8th race on January 5, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

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

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

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

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

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

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

DECISION AND ORDER

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

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

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

Date: April 18, 2019 Signed by: Chairman Willis

Name: GERARDO OCHOA Ruling Date: 5/23/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-248-ADC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: Y
Suspension Start: 5/2/2019 Suspension End: 8/3/2019
Ruling Text:
STATE OF NEW MEXICO
BEFORE THE NEW MEXICO RACING COMMISSION

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

2018-SUN-248-ADC

In accordance with Paragraph (10) of Subsection B of 15.2.1.9 NMAC, it is hereby ordered that a TEMPORARY STAY in the matter of the suspension of Trainer GERARDO OCHOA-PENA is issued. Pursuant to District Court Judge Benjamin Chavez, the TEMPORARY STAY is in effect until such time as a hearing is scheduled and a final order is entered on Trainer GERARDO OCHOA-PENA's Motion for Emergency Stay which was filed in connection with his appeal of the Decision and Order issued by the New Mexico Racing Commission on April 18, 2019 This TEMPORARY STAY went into effect May 2, 2019.

BY ORDER OF THE NEW MEXICO RACING COMMISSION Signed by: Ismael Trejo

Name: KENNETH D WEEKS Ruling Date: 4/3/2018
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22649 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol ( 5.3pg/ml In Plasma) reported in post-race sample LD43386 taken from “Storm Patriot”, second finisher of race 3, February 25/2018,  The Mardi Gras Derby Trial, at Louisiana Downs. Trainer declined his right to have the split portion tested and waived his right to a formal steward’s hearing. A " Storm Patriot" is deemed to have forfeited its right to run in the final. The stewards concluded that the sample contained Clenbuterol. Trainer Kenneth Weeks is hereby fined the sum of $1000. “Storm Patriot” is disqualified and declared unplaced and the purse ordered redistributed.
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: 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: 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: JUAN DE DIOS TORRES Ruling Date: 3/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-170 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/4/2018 Suspension End: 11/3/2018
Ruling Text: Trainer/Owner Juan D. Torres 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 March 13, 2018 for being on the grounds (Stable area) of Sunland Park Racetrack, while under suspension, on February 16, 2018.

The Board of Stewards hereby issue Juan D. Torres a suspension of all NMRC licenses for a period of 60 days, running consecutively from ruling 2017-SUN-211, September 4, 2018, through November 2, 2018, inclusive.

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) Exclusion. 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) Exclusion.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9 (C)(21)(a) Exclusion The steward, agency director, or commission may order an individual ejected or excluded from all or part of any premises under the regulatory jurisdiction of the commission if the stewards, agency director, or commission determine that the individual's presence on association grounds is inconsistent with maintaining the honesty and integrity of 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 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: Alejandro Cibrian Ruling Date: 1/24/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22542 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/20/2018 Suspension End: 6/28/2019
Ruling Text:
Ineligible for licensure and denied access to all facilities under the jurisdiction of the LSRC pending appearance before the stewards regarding a $210 debt claim submitted by Delta Equine Center.
Name: Alejandro Cibrian Ruling Date: 7/18/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22542-REST Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/20/2018 Suspension End: 6/28/2019
Ruling Text: RE: 22542 - Restored to Good Standing on 6/28/2019. Met his fiancial obligation to Delta Equine Center
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: 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: HERMAN WILENSKY Ruling Date: 12/18/2017
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Calder Race Course
Ruling Number: 23050 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2017058551 - F.S. 550.2415 = Flunixin and Phenylbutazone. "Love Flute"
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: 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: DAVID PORRAS ALANIZ Ruling Date: 7/1/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-8 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner PBT Racing LLC (David Alaniz), 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 April 30, 2017. The hearing was in regard to a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for drug “Caffeine” (drug class 2, penalty B) detected in horse “Gbh Gunsmoke” (Test Sample NM23937), who finished 1st in the 9th race on February 17, 2017, at Sunland Park Racetrack in Sunland Park, NM. The original lab report indicated a finding of Caffeine at a level of 461 ng/ml in the blood, which exceeds the regulatory threshold limit for Caffeine of 100 ng/ml in the blood (15.2.6.9 (L)(3)(C)). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer Alfredo Sanchez.

Licensee is found in violation of: 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". For David Alaniz’s 2nd Penalty B medication violation issued in accordance with 15.2.6.9 (L)(3)(c) and 15.2.6.9 (B)(2), the Board of Stewards assessed a penalty as follows.

        1. Pursuant to rule 15.2.6.9 (B)(2), the horse “Gbh Gunsmoke” must pass a commission-approved drug test before becoming eligible to be entered.
        2. The horse “Gbh Gunsmoke” did not qualify for the Finals, no further action required.
        3. The horse “Gbh Gunsmoke” is hereby disqualified from FIRST PLACE in the West Texas Maturity Trial and ordered unplaced from the 9th Race on February 17, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                        1. May Be Fantastic Sa
                        2. Walken to the Moon
                        3. Rocky El Roble
                        4. Tf Im That Guy
                        5. Jm Disco Rey
                        6. Silk Cartel
                        7. The Ocean King
                        8. King Kamahamaha
                        9. Sweet Solid Rock
                        10. Abbys Zoomer
Unplaced “Gbh Gunsmoke

This ruling is written in accordance with Uniform Classification Guidelines for Foreign Substances, Page #2/15.2.3.8(B)(3)(k) NMAC: Redistribution of Purses and Prizes/15.2.5.13(E)(4)(d) NMAC: Stewards Authority/16.47.1.8 (U)(1) PROTECTION OF HORSES /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 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: MILTON M NUNEZ Ruling Date: 5/19/2017
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park
Ruling Number: 2019-GP-7 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2017023478 - F.S. 550.2415 = Flunixin & Phenylbutazone. "RANCHO"
Name: DAVID PORRAS ALANIZ Ruling Date: 4/14/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-188 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 PBT Racing LLC (David Alaniz), was duly notified, failed appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d) Non-Appearance, before the Board of Stewards on April 9, 2017. The hearing was in regard to a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for drug “Caffeine” (drug class 2, penalty B) detected in horse “Cd Josey Wales”(Test Sample NM25018), who finished 9th place in the 7th race on February 24, 2017, at Sunland Park Racetrack in Sunland Park, NM. The original lab report indicated a finding of Caffeine at a level of 215 ng/ml in the blood, which exceeds the regulatory threshold limit for Caffeine of 100 ng/ml in the blood (15.2.6.9 (L)(3)(C)). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Alfredo Sanchez. Alfredo Sanchez, the trainer of record for horse “Cd Josey Wales”, was duly notified, failed to appear or be represented by his attorney Gene Chavez, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d) Non-Appearance. In accordance with 15.2.6.9 (B)(2) Penalty Recommendation and 15.2.6.9 (B)(5) Penalty Recommendation-Multiple Violations, This is Mr. Sanchez’s SIXTH Penalty B medication violation in a lifetime . For David Alaniz’s FIRST Penalty B medication violation issued in accordance with 15.2.6.9 (L)(3)(c) and 15.2.6.9 (B)(2), the Board of Stewards assessed a penalty as follows.

    1. Pursuant to rule 15.2.6.9 (B)(2), the horse “Cd Josey Wales” must pass a commission-approved examination before becoming eligible to be entered.
    2. The horse “Cd Josey Wales” is hereby disqualified from NINTH PLACE and ordered unplaced from the 7th race on February 24, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Karis Motor Boat
                2. Southern Temptation
                3. Okie Paint Job
                4. Fredfree
                5. Crème Dela Cartel
                6. Ms Elegant Eyes
                7. Jp a Roaring Lion
                8. Lovely Lily Rose
                9. Vodka Rocks
Unplaced “Cd Josey WalesLicensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: prima facie evidence/15.2.6.9 (L)(3)(C) Environmental contaminants and substances of human use: Regulatory Threshold for Caffeine- 100 ng/ml of plasma or serum/15.2.6.9(B)(2) Penalty recommendations /15.2.6.9 (B)(5) Any violation subsequent to a third violation will carry the same terms as imposed for a third violation. Penalties will run consecutively for a trainer or owner. This ruling is written in accordance with Uniform Classification Guidelines for Foreign Substances, Page #2/15.2.3.8(B)(3)(k) NMAC: Redistribution of Purses and Prizes/15.2.5.13(E)(4)(d) NMAC: Stewards Authority/16.47.1.8 (U)(1) PROTECTION OF HORSES /15.2.3.8 B (3)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (d) Stewards General Authority / 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority/ 16.47.1.8 (A)(1)(2) License Required/ 16.47.1.8(N) Last Known Address/15.2.1.9(B)(9)(b):: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: ELLIOTT LLOYD BACHICHA Ruling Date: 3/9/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-3 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
 
 
BEFORE THE RACING COMMISSION
 
 
IN THE MATTER OF:
 
TRAINER ELLIOT BACHICHA, LICENSE NO. 56083329,
FOR POSITIVE SAMPLE #NM10282
OWNERS ROBERT BACA, MARCELINO ORTIZ
HORSE “PERRY TEES JET”,
 
Respondents.
 
 
DECISION AND ORDER
 
            WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on February 16, 2017, on review of the hearing officer’s report regarding the above named Appellant;
           WHEREAS, proper notice was given to those parties entitled to notice;
           WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material;
 WHEREAS, the hearing officer’s report is attached to this Decision and Order;
WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law;
WHEREAS, the Commission finds that Appellant’s actions constitute a violation of New Mexico Racing Commission Rules;
WHEREAS the Commission finds there to be sufficient evidence to support the finding of violations on behalf of Appellant;
WHEREAS the Commission voted unanimously to adopt the penalty recommendations of the Hearing Officer and to incorporate additional conditions.
 
IT IS THEREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Zilpaterol) in a horse he is training. As such, Appellant, the Owners, and the horse “Perry Tees Jet” shall be assessed penalties as follows with conditions as follows:
      1. Appellant Trainer Bachicha is assessed a fine in the amount of twenty-five thousand dollars ($25,000) to be paid prior to appearing before the Commission as set forth in IV below;
      2. Appellant Trainer Bachicha is assessed a suspension of one (1) year;
      3. Once eligible, Appellant Trainer Bachicha must retake and pass the trainer’s test prior to the suspension of his license being lifted;
      4. Once eligible, Appellant Trainer Bachicha must personally appear before the Commission prior to the suspension of the license being lifted and after having taken and passed the trainer’s test. Appellant Trainer Bachicha must request to be placed on the Agenda;
      5. Appellant Trainer Bachicha is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;
      6. Loss of the purse for the horse “Perry Tees Jet which placed 1st in the 1st race at the Downs at Albuquerque on October 26, 2014;
      7. The horse be placed on the veterinarian’s list for ninety (90) days; and
      8. The horse must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.
This Decision and Order shall be served upon Appellant Trainer Bachicha in accordance with law.  This Order will take effect on March 17, 2017. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.
IT IS SO ORDERED.
Name: ELLIOTT LLOYD BACHICHA Ruling Date: 6/14/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-3-FO Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: WHEREAS, the matter of Elliot Bachicha v. New Mexico Racing Commission for Trainer Elliott Bachicha (Applicant ID #25972 came befor a quorum of the New Mexico Racing Commission on May 31, 2018. WHEREAS, the Commission reviewed the Opinion and Order of the Court WHEREAS, the Opinion and Order of the Court is attached to this ruling; WHEREAS, the Commission voted unanimously to adopt the Order of the Court.

THEREFORE, IT IS ORDERED as to Trainer Elliott Bachicha, the trainer responsible for the horse known as "Perry Tees Jet", which tested positive for Zilpaterol after finishing 1st in the 1st race at the Downs at Albuquerque on October 26, 2014 shall be assessed the following: a) The Decision of the Commission is REVERSED and the matter is dismissed.

By Order of the New Mexico Racing Commission
__________________________________________ ISMAEL TREJO, EXECUTIVE DIRECTOR
Name: DANNY MITTAG Ruling Date: 1/20/2017
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22064 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Phenylbutazone (3.07ug/ml) reported in post race blood sample taken from “Dashing For Bux” the winner of race 6, December 14, 2016 at Evangeline Downs. Trainer waived his right to have the split portion of this sample tested and waived his right to a steward’s hearing. First ARCI category IV or V violation, in Louisiana, within a twelve month period.
Name: GERARD OCHOA Ruling Date: 11/30/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park Thoroughbred After Racing Program
Ruling Number: 2016-GPAR-13 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: FINAL ORDER # 2016035022, F.S. 550.2415 VIOLATION - HYDROXYDANTROLENE.
Name: GERARD OCHOA Ruling Date: 10/27/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2016-TAM-44 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1300 Fine Paid: Y
Suspension Start: 10/27/2016 Suspension End: 11/11/2016
Ruling Text: CONSENT ORDER #2016025701 - F.S. 55.2415 violation - oxymorphone & phenylbutazone.
Name: MARCIAL R NAVARRO Ruling Date: 8/31/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park Thoroughbred After Racing Program
Ruling Number: 2016-GPAR-5 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 11/11/2016 Suspension End: 11/30/2016
Ruling Text: FINAL ORDER # 2016038854 - F.S. 550.2415 VIOLATION - FLUNIXIN & PHENYLBUTAZONE.
Name: GERARD MELANCON Ruling Date: 8/11/2016
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 21817 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Involved in an altercation in the Jockeys Room.
Name: JIMMY RAY COATES Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-32 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/24/2016 Suspension End: 7/30/2016
Ruling Text:
 
 
Licensee Jimmy Ray Coates having failed to appeared or appoint someone to represent him, a hearing was held in abstentia before the Board of Stewards on this date July 9, 2016 for careless riding, while aboard   Mr Chick Perry in the 1st race, July 8, 2016 at The Downs at Albuquerque. After a Stewards inquiry and a claim of foul by the rider Raul Gutierrez aboard the # 3 horse All Bodacious and after reviewing the race we unanimously found  evidence to warrant  the disqualification of Mr Chick Perry from 6th to 8th  behind the #3 horse All Bodacious. Mr Coates  is found to be in violation of Commission rules.
 
For this violation, the Board of Stewards assessed Jimmy R. Coates the penalty of a suspension of three (3) racing days.
July 24, 27,29,2016
Licensee is found to be in violation of:
 
Name: MARCIAL R NAVARRO Ruling Date: 6/28/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tropical Park
Ruling Number: Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 11/11/2016 Suspension End: 12/20/2016
Ruling Text: FINAL ORDER #2016029343 - F.S. 550.2415 VIOLATION - CLENBUTEROL & METHOCARBAMOL.
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: 3/31/2019 Suspension End: 5/14/2019
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: 3/31/2019 Suspension End: 5/14/2019
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: 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: 3/31/2019 Suspension End: 5/14/2019
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: 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: 3/31/2019 Suspension End: 5/14/2019
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: 3/31/2019 Suspension End: 5/14/2019
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: MARCIAL R NAVARRO Ruling Date: 6/10/2016
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park
Ruling Number: 2016-GP-66 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 11/19/2016 Suspension End: 12/8/2016
Ruling Text: FINAL ORDER # 2016024353 - F.S. 550.2415 - VIOLATION - METHOCARBAMOL..
Name: KATHLEEN O'CONNELL Ruling Date:
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tropical Park
Ruling Number: 2016-TPK-7 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Consent Order # 2015030334, Violation of F.S. 550.2415(1)(a).
Name: KATHLEEN O'CONNELL Ruling Date:
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2016-TAM-113 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Consent Order # 2015031529, Violation of F.S. 550.2415(1)(a).
Name: KATHLEEN O'CONNELL Ruling Date: 7/10/2015
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park
Ruling Number: 2015-GP-87 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Consent Order # 2015025983, Violation of F.A.C. 61D-6.008(2)(a)(2).
Name: GERARD OCHOA Ruling Date: 6/17/2015
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2015-TAM-103 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Consent # 2015022172, Violation of F.S. 550.2415(1)(a).
Name: EZRA ELTON LEE Ruling Date: 5/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-163 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Ezra Lee having been duly notified, and represented by Jill Giles before the Board of Stewards on May 30, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the drug " Phenylbutazone" which was found in sample NM12033, after it was collected from the horse, "Wagon Full of Gold" which finished first in the 5th race, April 11, 2015 at Sunland Park Race Track.

(The original lab report indicated a finding of Phenylbutazone at 2.67 ug/ml in blood/serum. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and declined.

Ezra Lee is found to be in violation of:

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

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


For this violation, the Board of Stewards assessed Melvin Neugebauer a penalty as follows;

The horse “Wagon Full of Gold” must pass a Commission-approved examination before becoming eligible to be entered”.


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


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: Anthony Farrior Ruling Date: 9/22/2014
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2014-MP-298 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
TRAINER ANTHONY FARRIOR IS HEREBY FINED $200.00 FOR NECESSITATING THE LATE SCRATCH OF THE HORSE "AUTOMATIC JAX" FROM THE 7TH RACE ON SUNDAY, SEPT. 21,2014.
Name: JUAN MARTIN TRIANA Ruling Date: 9/8/2014
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2014-ZIA-24 Ruling Type: Unknown
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Juan Martin Triana having appeared, by telephone, before the Board of Stewards on 09/08/2014, for entering an ineligible horse, Brookstone Patriot, which resulted in a program scratch in the second race, on 09/07/2014, at Zia Park.

Narrative: The horse Brookstone Patriot, entered in the second race 09/07/14 is not eligible per Zia Park screening rules; (Any horse, winners, that has started for a claiming price of less than $3,200.00 must have finished first, second, third or fourth for $3,200.00 claiming or higher since last starting for less than $3,200.00 claiming).

For this rule violation, the Board of Stewards assessed Juan Martin Triana a penalty in the amount of one hundred dollars ($100.00). The fine is to be paid on or before 10/08/2014 in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

Licensee is found to be in violation of:


Name: JOHN SILVEN BUCHANAN Ruling Date: 7/6/2014
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 0441414 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Mixed Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
RULING#: 0441414 TRACK: RUIDOSO DOWNS DATE: July 06, 2014 Trainer JOHN SILVEN BUCHANAN (DOB: 01/11/1951 NMSRC LICENSE #46078528) having been duly notified, and having waived appearance before the Board of Stewards on July 5, 2014, regarding failure to disclose in a timely manner the alteration of the horse "De Mille" that was entered in the ninth race, Thursday, July 3, 2014, at Ruidoso Downs; ("De Mille" was listed as a colt in the official program. It was discovered when the horse entered the Paddock prior to the race that the horse was a gelding. Further discovery determined the foal registration papers had not been stamped/corrected). JOHN SILVEN BUCHANAN is found to be in violation of: 16.47.1.10 (C)(11) NMAC: Which states in pertinent part "The Trainer is responsible for immediately reporting the alteration in the sex of a horse in his/her care to the Horse Identifier, and the Racing Secretary, whose office shall note such alteration on the certificate of registration". (This information is displayed on the daily overnight listing of entries, and is also posted on the Racing office bulletin board). 16.47.1.8(L)(1)(h) NMAC: Which states in pertinent part that "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". For this rule violation, the Board of Stewards assessed JOHN SILVEN BUCHANAN a penalty in the amount of five hundred dollars ($500.00). The fine is to be paid on or before August 6, 2014, in accordance with 15.2.3.8(B)(3)(l) NMAC. Additionally, the horse "De Mille" is hereby placed on the Stewards List until said time the foal registration certificate has been stamped/corrected indicating the horse is a gelding. Failure to pay the fine within the time prescribed any result in immediate suspension. BY ORDER OF THE RUIDOSO DOWNS BOARD OF STEWARDS ________________ _________________ __________________ DAVID KEITER CONNIE ESTES ED L'ECUYER
Name: EDGAR NATO DAVIS Ruling Date: 4/22/2005
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 14318 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Unknown
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/22/2005 Suspension End: 5/13/2005
Ruling Text: FAILED TO PROVIDE WORKER'S COMP.
Name: EDGAR NATO DAVIS Ruling Date: 7/18/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 14318-REST Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Unknown
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/22/2005 Suspension End: 5/13/2005
Ruling Text: RE: 14318 - Restored to Good Standing



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