Recent rulings collected by the ARCI organization

    The rulings that follow were received by ARCI within the last 5 days.  Please note that the ruling dates may be more than 5 days old. This report has been sorted from most to least recent ruling date. >5/22/2018<

305 Total Rulings compiled at: 5/27/2018 9:01:38 PM G.M.T.

Name: GARY DWIGHT CLARK Ruling Date: 5/27/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-10 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458(2)(g)© Repeat Offense
Name: GARY DWIGHT CLARK Ruling Date: 5/27/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-10-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-CENT-10 - Ruling Final Outcome
Name: KELLY ORVIN HOERDT Ruling Date: 5/27/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-11 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 (k) Crowding horse
Name: KELLY ORVIN HOERDT Ruling Date: 5/27/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-11-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: 2018-CENT-11 - Ruling Final Outcome
Name: KELLY ORVIN HOERDT Ruling Date: 5/27/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-9 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 (1)(q) Repeat offense
Name: KELLY ORVIN HOERDT Ruling Date: 5/27/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-9-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-CENT-9 - Ruling Final Outcome
Name: JOSE DANIEL RUIZ Ruling Date: 5/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-84 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Jose Daniel Ruiz , having failed to appear or send a jockey guild’s representative regarding the 3rd race on May 25, 2018, at SunRay Park Racetrack, is found in violation of Commission rules.

Licensee is found in violation of: 15.2.1.9(B)(4)(d)NMAC: 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)NMAC Notice 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.

For this rule violation, the Board of Stewards assessed Jose Daniel Ruiz a penalty of Fifty dollars ($50.00). The fine is to be paid on or before June 26, 2018 once with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is written in accordance with: 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY 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 15.2.3.8 B (1) (a) Stewards General Authority 15.2.3.8 B (1) (c) Stewards General Authority 16.47.1.8 (T) KNOWLEDGE OF RULES 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 16.47.1.8(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: JACQUELYN A BOBROFF Ruling Date: 5/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-86 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/4/2018 Suspension End: 5/11/2018
Ruling Text: Jockey, Jacquelyn Bobroff, having been summoned and having Mike Ybarra appear and represent her before Board of Stewards May 27, 2018, for careless riding during the running of the 8th race on May 26, 2018 , while aboard “Quick N Quiet”. (Going into the first turn Jacquelyn Bobroff’s horse lugged into the path of the “#6 Teton” causing tight quarters and the #6 had to check)

censee is found in violation of: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(a) NMAC: Which states in pertinent part that “When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede, or intimidate any other horse, it is a foul.” For this violation the Board of Stewards assessed Jacquelyn Bobroff a suspension of 7 calendar days beginning (June 4th and ending June 11th 2018. ). The terms of this suspension shall not prohibit Jacquelyn Bobroff from participating in designated race days.

This ruling is written in accordance with: 15.2.5.13(E)(3)(c) NMAC: Post to Finish Which states in pertinent part that “If the Stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey.” 15.2.5.13(E)(3)(d) NMAC: Post to Finish The offending horse may be disqualified, if in the opinion of the stewards, the foul altered the finish of the race, regardless of whether the foul was accidental, willful or the result of careless riding. 15.2.5.13(E)(4)(a) NMAC Disqualification. When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horse as in their judgment it interfered with, or they may place it last 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: MARTIN FELIX RAMOS Ruling Date: 5/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-85 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Martin Felix, having been summoned and having appeared before the Board of Stewards on May 27, 2018 for failure to make sufficient effort to maintain his lane while aboard “Ec On Ice” in the 3rd race on May 26,2018 at SunRay Park Racetrack.

Licensee is found to be in violation of: 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.

The Board of Stewards hereby assess, Martin Felix, a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before June 26, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is written in accordance with: 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: Francisco J. Munoz-Zapien Ruling Date: 5/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-87 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Francisco Munoz-Zapien, having been duly notified and having failed to appear, and had his hearing held in absentia, in accordance with15.2.1.9(B)(4)(d) Non-Appearance, Board of Stewards on May 26, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse, “Whilowah”,( Test Sample #: NM 30526), who finished 1st in the 10th race on April 21, 2018 at SunRay Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Francisco Munoz-Zapien and declined. Michael Megariz Jr, trainer of record for horse “Whilowah”, was duly notified and also waived his right to a hearing.

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

For Francisco Munoz-Zapien’s FIRST Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (B)(2)Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

                1. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7), 15.2.6.9(C)(5)(c), 15.2.6.9(C)(4),the horse “Whilowah” is placed on the Stewards list for a period of 60 days (beginning May 2, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
                2. The horse “Whilowah” is hereby disqualified from First place and ordered unplaced from the 10th race on April 21, 2018 at SunRay Park Racetrack for all but pari-mutuel wagering. The purse redistribution is as follows.
                                1. Tellers Eagle
                                2. El Picoso Grande
                                3. El Tur Co
                                4. Professor X
                                5. The Alabama Cartel
                                6. Paula Cruz
                                7. Just Gimme a Reason
                                8. Ritzy Chick
                                9. My Dispute
Unplaced “Whilowah” This ruling is written in accordance with 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes Which states in pertinent part that “Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.” 15.2.5.13(E)(4)(d) : Stewards General Authority Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification.” 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 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: CARLOS J DELGADO Ruling Date: 5/26/2018
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2018-CT-30 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey, Carlos J. Delgado, Permit; #11990, SS(xxx-xx-4909), is hereby fined $500.00 (FIVE HUNDRED DOLLARS), for violation of Rule of Racing, Number 178-1-45.7.c.1, which reads: “When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede or intimidate any other horse, it is a foul.” Jockey Carlos J. Delgado veered outward leaving the starting gate while not clear and caused interference to Prince of Windsor, Follow the Notion and New Windsor leaving the chute in the Third Race, May 19, 2018. Jockey Delgado’s mount “Raise the Mast” was disqualified from First (1st) and placed Sixth (6th) All fines imposed by the Stewards shall be paid to the Racing Commission within Seven (7) days after the ruling is issued, unless otherwise ordered by the Stewards, Per West Virginia Rule of Racing Number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five-Hundred ($500.00) Dollars.
Name: Larren Stephen Delorme Ruling Date: 5/26/2018
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2018-PRM-14 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/1/2018 Suspension End: 6/4/2018
Ruling Text:
After reviewing all testimony and evidence, Jockey Larren Delorme is hereby suspended three racing days, Friday, June 1st, Saturday, June 2nd and Sunday, June 3rd, 2018 for careless riding in the ninth (9th) race on Friday, May 25, 2018.  Specifically, Jockey Delorme aboard #6 “Dance For Ransom” came in near the three eighths pole forcing #4 “Foxy Kirkifee” ridden by Jockey Cassidy D. B. Fletcher to check his mount.  The term of suspension shall not prohibit participation in designated races.
Name: MIKE JR. MEGARIZ Ruling Date: 5/26/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-83 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 6/4/2018 Suspension End: 7/4/2018
Ruling Text: Trainer: Michael Megariz Jr, having been duly notified and appeared to waive his right to a hearing before the Board of Stewards on May 26, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Whilowah”( Test Sample #: NM 30526), who finished 1st in the 10th race on April 21, 2018 at SunRay Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Michael Megariz Jr. and declined.

Francisco Munoz-Zapien, owner of record for horse “Whilowah”, was duly notified.

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

For Michael Megariz Jr FIRST Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (B)(2)Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

    1. A 30 day suspension of all NMRC licenses starting June 4, 2018, through July 3, 2018, inclusive.
    2. ($750.00) Seven Hundred and Fifty dollar fine to paid on or before June 26, 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), 15.2.6.9(C)(5)(c), 15.2.6.9(C)(4),the horse “Whilowah” is placed on the Stewards list for a period of 60 days (beginning May 2, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Michael Megariz Jr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Michael Megariz Jr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) .

This ruling is written in accordance with 15.2.6.11(A)(B) NMAC: Trainer Responsibility 16.47.1.10(B)(1)(2) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.1.9(B)(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: GUSTAVO ANDRES Ruling Date: 5/25/2018
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #18-0055 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/25/2018 Suspension End:
Ruling Text:

Unlicensed: Gustavo Andres (D.O.B. 4/30/1976)

Gustavo Andres is hereby suspended by the Board of Stewards for his felony conviction in Fayette County, Kentucky. During his suspension Mr. Andres is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission.

810 KAR 1:025 Section 14 (b)

BY ORDER OF THE STEWARDS

Name: KARL MATTHEW BROBERG Ruling Date: 5/25/2018
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2018-PRM-13 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Having waived this right to a hearing, Owner/Trainer Karl Broberg is hereby fined two hundred fifty dollars ($250.00) for his horse “Jackie Blu” testing positive for an overage of Phenylbutazone after finishing first in the seventh race on April 27, 2018.  
Name: FLAVIO LOZANO Ruling Date: 5/25/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-82 Ruling Type: Failure to Follow Facility Regulations
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Flavio Lozano having waived his right to a ten day notice appeared before the board of Stewards on May 21, 2018 concerning a security citation for a parking violation is found in violation of Commission rules.

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

For this rule violation, the Board of Stewards assessed Flavio Lozano a penalty in the amount of twenty five dollars ($25.00). This fine is to be paid on or before June 25, 2018 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

Name: EDUARDO IBARRA MORA Ruling Date: 5/25/2018
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2018-PRM-12 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
The Board of Stewards received a Prairie Meadows Security Incident Report dated 5/21/2018 stating on 5/21/2018 Exercise/Pony Rider Eduardo Ibarra Mora was arrested by Altoona Police and transported to Polk County Jail for assaulting Groom and girlfriend Rincon-Marquez in C Dorm. The report further states Prairie Meadows Security issued Ibarra Mora a trespass notification, which prohibits Ibarra Mora from participating in Prairie Meadows racing program.   As Eduardo Ibarra Mora is unable to exercise the privileges of his IRGC occupational exercise/Pony Rider license, said license is hereby rescinded.     
 
Should Prairie Meadows allow Eduardo Ibarra Mora to return to their racing program, Ibarra Mora must see the Board of Stewards prior to returning to work or being issued a license.
 
Name: JORGE LUIS GONZALEZ Ruling Date: 5/24/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-044 Ruling Type: Necessitating a Late Scratch
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: TRAINER JORGE LUIS GONZALEZ PLED 'NO CONTEST' AND FINED $500.00 FOR MISTAKENLY BRINGING THE WRONG HORSE TO THE PADDOCK FOR THE 11TH RACE AT RP ON 5/18/2018, NECESSITATING THE LATE SCRATCH OF #5 "AUDITED''.
Name: JOSEPH BONGIORNO Ruling Date: 5/24/2018
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2018-FRE-32 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 25 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Driver Joe Bongiorno is hereby fined the sum of twenty-five ($25.00) dollars.

Mr. Bongiorno did drive with a wheel inside the "hubless rail" pylons while driving #1 "KAPOW" in the 7th race on May 12, 2018 at Freehold Raceway.

Violation of N.J.A.C. Rule 13:71-20.6(a)10 Driving in a careless manner.

Name: DENNIS WATSON Ruling Date: 5/24/2018
Jurisdiction: New Jersey Racing Commission Facility: Trenton
Ruling Number: 18TRH18 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/8/2018 Suspension End: 8/6/2018
Ruling Text:
By ruling 16MDH61, dated July 26, 2016,  the Board of Judges at the Meadowlands Racetrack found trainer Dennis Watson in violation of N.J.A.C. 13:71-23.1 and N.J.A.C. 13:71-23.6, in connection with (4) post-race positive results revealing the presence of Pyrilamine, Phenlpropanolamine, Pseudoephedrine and O-Desmethylpyrilamine in the horses "Insane In Spain" which raced on April 21, 2016 and April 28, 2016, "Victory Ahead" which raced on April 28, 2016, and in "Coronations K" which raced on April 29, 2016 at Freehold Raceway.  The Board of Judges imposed a 15-day suspension, $500 fine and loss of purse for each of the violations to be run consecutively, resulting in a license suspension of 60 days, a fine of $2,000 and loss of purse for each violation. Dennis Watson requested a stay of the penalty and appealed the Judges' decision.  The request for a stay of the penalty was granted and the matter was transmitted to the Office of Administrative Law as a contested case.
 
On May 16, 2018, the New Jersey Racing Commission determined to adopt the Summary Initial Decision (dated April 2, 2018) of Administrative Law Judge Edward J. Delanoy, Jr. which affirms the penalties imposed by the Board of Judges.
 
Therefore, Dennis Watson is hereby suspended for 60 days and fined $2,000.  The period of suspension shall commence June 8, 2018 through and including August 6, 2018.  During the term of suspension,  Dennis Watson is denied access to all grounds under the jurisdiction of the Racing Commission for any and all purposes.  Payment of the fine is due on or before August 6, 2018.  
 
The purse distribution for the 7th race conducted on April 21, 2016,  for the 6th and 7th races conducted on April 28, 2016, and for the 3rd race conducted on April 29, 2016 are hereby ordered to be held until written authorization by the Executive Director.
 
Related rulings:   16MDH61 dated July 26, 2016, 16TRH15 dated August 10, 2016 and 17TRH24 dated August 29, 2017
Name: DENNIS WATSON Ruling Date: 5/25/2018
Jurisdiction: New Jersey Racing Commission Facility: Trenton
Ruling Number: 18TRH18-MODPEN Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/8/2018 Suspension End: 8/6/2018
Ruling Text: RE: 18TRH18 - Modified Penalty
Name: JOEL ROD PIERCE Ruling Date: 5/24/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 18-FMT-006 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: OWNER JOEL R. PIERCE, AFTER BEING NOTIFIED OF A MEDICATION VIOLATION ON 8/5/2016, MR. PIERCE HAS CHOSEN TO WAIVE THE OPPORTUNITY OF A SPLIT SAMPLE, AND OPTED TO PLEAD "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS OWNERSHIP, "OKIES CC" THE 2ND PLACE FINISHER IN THE 9TH RACE AT FMT ON 7/16/2016, TESTING POSITIVE FOR THE DRUG RITALINIC ACID AND METHYLPHENIDATE. IT IS THE ORDER OF THE FMT STEWARDS THAT THE HORSE IS DISQUALIFIED FROM 2ND PLACE AND SHALL REMAIN UNPLACED IN THE 9TH RACE AT FMT ON 7/16/2016.
Name: JOHN JERRY ROBB Ruling Date: 5/24/2018
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2018-CT-29 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On May 22, 2018, the Board of Stewards offered a hearing to Owner/Trainer, John J. Robb permit #14102; SS xxx- xx-1635 to which he waived his right to a hearing, regarding a medication violation pertaining to his horse “Stay on Point” who finished First (1st) in the First (1st) race on Saturday, May 5, 2018. The Stewards hereby find the following: The official blood sample #E262375, taken on 5/5/18 was reported by Industrial Laboratories, the official testing laboratory, to contain Naproxen, which is a Class 4 drug, with a C Penalty, designation. The permissible threshold for Naproxen in the blood is 0. Sample #E262375 contained 336 ng/ml of the drug, which is above the permissible threshold for this drug. The sample was taken from the Eight (8) horse, “Stay On Point”, which ran in the 1st Race on 5/5/18, finishing First Mr. Robb elected not to have a split sample tested. Pursuant to 178 W. Va. C.S.R. 1, section 24.11.o, The Stewards are authorized to take disciplinary action against a permit holder for violating any provision of the Thoroughbred Racing Rule. Pursuant to section 51.1.1a, of the Thoroughbred Racing Rule, 178 W.Va.C.S.R.1: “The trainer is the absolute insurer of and responsible for the condition of the horses he or she enters in an official workout or a race, regardless of the acts of third parties. If testing or analysis of urine, blood or other bodily substances or tissues prove positive showing the presence of any prohibited drug, medication or substance, the trainer of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined. In addition, the owner of the horse, the foreman in charge of the horse, the groom, and any other person shown to have had the care, attendance of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined.” Pursuant to 178 W. Va. C.S.R. 1, section 49.4.a.2., a finding by a Racing Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse, and in the case of a post-race test, was present in the horse’s body while it was participating. Prohibited substances included controlled therapeutic medications in excess of established threshold concentrations as set forth in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 2.1., contained in Table 178-1 F of the Thoroughbred Racing Rule. The Naproxen positive in “Stay On Point” is Mr. Robb’s first offense for a medication/substance violation in a 365 day period. Mr. Robb is assessed 1 point for this medication/substance violation pursuant to section 49.3.m. of 178 of W.Va.C.S.R.1. The Stewards determine the appropriate penalty for the underlying offense on a case by case basis by considering mitigating and aggravating factors. The following is an analysis of the factors set forth in section 49.1 of the Thoroughbred Racing Rule:

  1. (Mitigating) The Permit holder’s past record: The permit holder has no violations in the last 365 days
  2. (Mitigating) The potential of the drug to influence the horse’s racing performance: Pursuant to 178 W. Va. C.S.R. 1, section 49.2.d, Class 4 drugs may influence performance, but generally have a more limited ability to do so. This is a mitigating factor although it is always of concern to the Stewards when a horse tests in excess of a threshold set forth in the Thoroughbred Racing Rule inasmuch as such thresholds are designed to ensure that horses aren’t racing under the effects of the medication; to allow a state veterinarian conducting a pre-race examination to have as clean a look at the horse as is possible to make sure that the horse does not have some condition that would cause it to harm itself if it races, and to ensure the integrity of racing so that horse aren’t racing under the effect of a medication that could affect performance.]

3. (Mitigating) The legal availability of the drug: Naproxen is legally available. 4. Whether there is reason to believe the permit holder knew of the administration of the drug or intentional administered the drug: Inasmuch as there was no hearing in this matter it was not established whether or not the permit holder knew of the administration of the drug, or the circumstances under which the drug may have been given. Therefore this factor is not considered in weighing the penalty in this case. 5. The steps taken by the trainer to safeguard the horse: Inasmuch as there was no hearing in this case it is unknown what efforts the trainer made to ensure that the treatment of the horse with Naproxen was done within the withdrawal guidelines and dosing specifications set forth in 178 W. Va. C.S.R. 1, Table 178-1 F, so as to avoid a positive. Therefore this factor is not considered in weighing the penalty in this case. 6. The probability of environmental contamination exposure due to human use: This factor is not applicable to this case. 7. The purse of the race: The race in question was a $5,000 claiming race with a $10,000 purse. The Stewards place no weight, either aggravating or mitigating, based upon the purse in this case. 8. Whether the drug found was one for which the drug was receiving a treatment as documented by the treating veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated by a veterinarian with Naproxen. Therefore, this factor is not considered in weighing the penalty in this case. 9. Whether there was any suspicious betting pattern in the race: There is no evidence of a suspicious betting pattern in this case and therefore, this factor is not considered in weighing the penalty in this case. 10. Whether the trainer was acting under the advice of a veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated with Naproxen by a veterinarian. Therefore, this factor is not considered in weighing the penalty in this case.

Based on the above, the Stewards hereby impose the following penalty for the underlying offense: Mr. Robb’s horse “Stay On Point” will be disqualified from all purse money and Mr. Robb will have a total of 1 point on his record. Mr. Robb is fined $1000 dollars and is given no suspension. The horse “Stay On Point” is disqualified from all purse money; Re-Distribution is as following. 1. #6 Retapped 2. #7 Quality Time 3. #2 Crash Mountain 4. #3 Seven Knots 5. #4 Top Hat Storm Cat 6. #1 El Cachorro

You have the right to appeal this Ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 Days of your receipt of this Ruling and must include a security fee in the amount of $500.00

Name: JUAN JOSE GOMEZ Ruling Date: 5/24/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-053 Ruling Type: Trainer Responsibility
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR JUAN J. GOMEZ PLED ''NO CONTEST'' FOR NAMING JOCKEY ISMAEL SUAREZ-RICARDO ON THE HORSES ''FIRST DOWN GENO" IN THE 2ND RACE AND ON THE HORSE "TJS ROYAL PROMISE" IN THE 12TH RACE ON 10/20/2017, WITHOUT FIRST ENGAGING THE SERVICES OF THAT RIDER FOR A PARTICULAR RACE, NECESSITATING IN A LATE JOCKEY CHANGE. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. GOMEZ SHALL BE AND IS HEREBY FINED $200.00.
Name: GREGG ALLEN SANDERS Ruling Date: 5/24/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-047 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: OWNER/TR GREGG ALLEN SANDERS HAS PLED GUILTY AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "CR SEIS PACK CORONA" THE 1ST PLACE FINISHER IN THE 4TH RACE AT RP ON 5/5/2018, TESTING POSITIVE FOR THE DRUG, "DEXAMETHASONE" AT A QUANTITATIVE LEVEL. IT IS THE ORDER OF THE RP BOARD OF STEWARDS THAT MR. SANDERS BE FINED $500.00. THE HORSE IS ORDERED DISQUALIFIED FROM 1ST PLACE AND SHALL REMAIN UNPLACED IN THE 4TH RACE AT RP ON 5/5/2018.
Name: CELESSE BEATRIZ FREGOSO Ruling Date: 5/24/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-054 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/23/2018 Suspension End:
Ruling Text: OWNER/ TR CELESSE B. FERGOSO, HAS WAIVED HER RIGHT TO A HEARING AND PLEADING "NO CONTEST" TO SEVERAL VIOLATIONS. SHE IS HEREBY SUSPENDED AND/OR MADE INELIGIBLE FOR LICENSURE EFFECTIVE 5/23/2018 FOR HAVING FAILED TO PAY THE FINE OF $700.00 AND FOR BEING IN VIOLATION OF SEVERAL OTHER OFFENSES. DURING THE TERM OF HER SUSPENSION, MS FERGOSO IS DENIED ACCESS TO ALL RACE TRACKS AND PUBLIC AREAS UNDER THE OHRC JURISDICTION.
Name: TAYLOR CHASE LAZARRE Ruling Date: 5/24/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-046 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/20/2018 Suspension End:
Ruling Text: A REPORT WAS RECEIVED AND BASED ON REASONABLE GROUNDS, GROOM/HOTWALKER TAYLOR CHASE LAZARRE WAS ORDERED TO SUBMIT TO A DRUG AND/OR ALCOHOL TEST ON 5/20/2018, AFTER ADMITTING TO THE RECENT USE OF MARIJUANA. MR LAZARRE REFUSED TO A HUMAN DRUG TEST AT THAT TIME. THE RP BOARD OF STEWARDS FINDS THAT THE PUBLIC HEALTH, SAFETY AND WELFARE ARE AT RISK AND REQUIRES EMERGENCY ACTION. MR. LAZARRE IS HEREBY SUMMARILY SUSPENDED EFFECTIVE 5/20/2018 AND CONTINUING PENDING A HEARING AND FINAL DETERMINATION. DURING THE TERM OF HIS SUSPENSION, MR. LAZARRE IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACETRACKS AND PUBLIC AREAS UNDER THE OHRC JURISDICTION.
Name: MATT EDWARD WHITEKILLER Ruling Date: 5/22/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-035 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR MATT EDWARD WHITEKILLER, HAS PLED GUILTY AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "WIRED FOR SOUND" THE 2ND PLACE FINISHER IN THE 3RD RACE AT RP ON 4/13/2018, TESTING POSITIVE FOR THE PROHIBITED DRUG "LEVAMISOLE" AT A QUANTITATIVE LEVEL. IT IS THE ORDER OF THE RP BOARD OF STEWARDS THAT MR. WHITEKILLER BE FINED $1500.00 AND THE HORSE IS ORDERED DISQUALIFIED FROM 2ND PLACE AND SHALL REMAIN UNPLACED IN THE 3RD RACE AT RP ON 4/13/2018.
Name: MATT EDWARD WHITEKILLER Ruling Date: 5/22/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-035-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 18-RP-035 - Ruling Final Outcome - 18-RP-036 AGREED ORDER- SUBSTANCE VIOLATION FOR TESTING POSITIVE FOR THE DRUG LEVAMISOLE FOLLOWING THE 3RD RACE AT RP ON 4/13/2018, THE PSBA AMERICAN PAINT CLASSIC TRIALS, WAS ORDERED DISQUALIFIED AND UNPLACED PURSUANT TO RP STEWARDS ORDER #18-RP-035 ON 5/12/2018. BY AGREED SETTLEMENT BETWEEN THE TRAINER AND RP BOARD OF STEWARDS, IT IS AGREED THAT THE HORSE, "WIRED FOR SOUND" IS ORDERED DISQUALIFIED AND SHALL REMAIN UNPLACED FROM THE FINALS OF THE OF THE PSBA AMERICAN PAINT CLASSIC.
Name: LUKE C EBERSOLE Ruling Date: 5/22/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-83 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #8 Unicorns N Glitter in race 4 on 5/19/18 he came out before the half and interfered with #6 Champagne Shower. O.S.R.C.-3769-17-11  17-99
Name: JOHN ALLEN BRASSEAUX Ruling Date: 5/22/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-048 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR JOHN A. BRASSEAUX PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "WHY NOT A SAINT' THE 1ST PLACE FINISHER IN THE 9TH RACE AT WRD ON 4/9/2018, TESTING POSITIVE FOR THE DRUG 'DEXAMETHASONE', IN EXCESS. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. BRASSEAUX BE FINED $500.00. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM 1ST PLACE IN THE 9TH RACE AT WRD ON 4/9/2018.
Name: SHAWN DERRICK BRACKETT Ruling Date: 5/22/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-029 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TR SHAWN D. BRACKETT PLED NO CONTEST AND FINED $200.00 FOR SCRATCHING THE HORSE, "LUCK DYNASTY" IN THE 1ST RACE AT WRD ON 3/26/2018, NECESSIATING A LATE SCRATCH.
Name: GREGORY G GRISMORE Ruling Date: 5/22/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-85 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 #1 Zoom On Romeo in race 5 on 5/21/18 he did drive inside the pylons. O.S.R.C.-3769-14-53  14-99
Name: JOHN D WENGERD Ruling Date: 5/22/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-84 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Wengerd failed to drive when programmed on #5 Johnsbadgirl in race 6 on 5/19/18. O.S.R.C.-3769-17-29  17-99
Name: LESLIE O. GIVENS Ruling Date: 5/21/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-016-18 Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Leslie Givens, being trainer of record on "KILLEAN FINALE", is fined $1000.00 and KILLEAN FINALE is placed on the Judge's list for 14 days for failing a pre-race test on May 1, 2018. Any horse that tests at a level over 12.3 Base Excess Level with Lasix is positive and is declared unfit to race. KILLEAN FINALE tested at a Base Excess Level of 13.1 mmol/L and at 13.4 second test. DHRC rule: 8.9.14.2.1.; 8.9.14.2.3. After 14 days KILLEAN FINALE must pass a blood test and re-qualify to compete in purse events. DHRC rule: 8.9.15.1.1. All fines are to be paid within 10 days of written rule. Appeals are due within 48 hours of written rule. Mr. Givens had a judges hearing on May 16, 2018 at Harrington Raceway.
Name: LESLIE O. GIVENS Ruling Date: 5/23/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-016-18-ASUB Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: HAR-016-18 - Appeal Submitted - Received $1000.00 fine. Horse placed on steward's list for 14 days. Must retest and requalify
Name: TONY EDDIE SEDILLO Ruling Date: 5/21/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-78 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Tony E. Sedillo having appeared telephonically before the Board of Stewards on May 21, 2017, for failing to have registration papers on file for entry “Hottothetouch”, which resulted in a late scratch and mutuel refund in the 6th race on May 20, 2018 at SunRay Park Racetrack.

Licensee is found to be in violation of. 15.2.5.12(B) NMAC: Which states in pertinent part “A horse shall be ineligible to start in a race when its breed registration certificate is not on file with the racing secretary”.

For this violation, the Board of Stewards assessed Tony E. Sedillo a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before June 21, 2018 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension This ruling is written in accordance with 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: JESSE EDWARD RAMOS Ruling Date: 5/21/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-041 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: OWNER/TR JESSE E. RAMOS HAS PLED GUILTY AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "DOC PEPPER" 2ND PLACE FINISHER IN THE 4TH RACE AT RP ON 4/5/2018, TESTING POSITIVE FOR DEXAMETHASONE. IT IS THE ORDER OF THE RP STEWARDS THAT MR. RAMOS SHALL BE FINED $500.00 AND THE HORSE IS DISQUALIFIED FROM 2ND PLACE AND SHALL REMAIN UNPLACED IN THE 4TH RACE AT RP ON 4/5/2018.
Name: RICHARD E LULL Ruling Date: 5/21/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-81 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Richard Lull having been duly notified, having failed to appear, and had his hearing held in absentia before the Board of Stewards on May 21, 2018, concerning leaving the jockeys’ room in uniform without proper supervision.

Licensee is found to be in violation of: 15.2.5.13 RUNNING OF THE RACE: C. Jockey requirements: (7) While in the jockeys' quarters, jockeys shall have no contact or communication with any person outside the jockeys' quarters other than commission personnel and officials, an owner or trainer for whom the jockey is riding or a representative of the regular news media, except with the permission of the stewards. Any communication permitted by the stewards may be conducted only in the presence of the clerk of scales or other person designated by the stewards (8) Jockeys shall be weighed out for their respective mounts (13) Once jockeys have fulfilled their riding engagements for the day and have left the jockeys' quarters, they shall not be re-admitted to the jockeys' quarters until after the entire racing program for that day has been completed, except with permission of the stewards.

For this rule violation, the Board of Stewards assessed Richard Lull a penalty of a fine in the amount of Two hundred dollars ($200.00). This fine is to be paid on or before June 21, 2018 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

Name: RICHARD E LULL Ruling Date: 5/21/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-79 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Richard Lull having been duly notified, having failed to appear, and had his hearing held in absentia before the Board of Stewards on May 21, 2018, concerning a fight in the jockey room after the results of the jockey objection made during the 1st race on May 20, 2018.

Licensee is found to be in violation of: 16.47.1.8 (L)(1)(i) 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.

For this rule violation, the Board of Stewards assessed Richard Lull a penalty of a fine in the amount of Two hundred dollars ($200.00). This fine is to be paid on or before June 21, 2018 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

Name: DON LEE FRENCH Ruling Date: 5/21/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-80 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Don Lee French having been duly notified, appeared, and had his hearing held before the Board of Stewards on May 21, 2018, concerning a fight in the jockey room after the results of the jockey objection made during the 1st race on May 20, 2018.

Licensee is found to be in violation of: 16.47.1.8 (L)(1)(i) 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.

For this rule violation, the Board of Stewards assessed Don French a penalty of a fine in the amount of Two hundred dollars ($200.00). This fine is to be paid on or before June 21, 2018 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

Name: Neptali Antonio Ortiz Garcia Ruling Date: 5/21/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-T#7 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $50.00 for failing to report his weight at the proper time as designated by the Clerk of Scales.
Name: GILBERT BEN Ruling Date: 5/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-76 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 5/26/2018 Suspension End: 6/25/2018
Ruling Text: Trainer: Gilbert Ben, having been duly notified and appeared to waive his right to a formal hearing before the Board of Stewards on May 20, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Signed Rule”( Test Sample #: NM 30715), who finished 2nd in the 2nd race on May 06, 2018 at SunRay Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Gilbert Ben and declined.

Trever Martin, owner of record for horse “Signed Rule”, was duly notified and also waived his right to a formal hearing. Licensee is found in violation of 15.2.6.9(C)(1) : prima facie evidence Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(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.

For Gilbert Ben’s FIRST Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (B)(2)Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

    1. A 30 day suspension of all NMRC licenses starting May 26, 2018, through June 25, 2018, inclusive.
    2. ($750.00) Seven Hundred and Fifty dollar fine to paid on or before June 25, 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), 15.2.6.9(C)(5)(c), 15.2.6.9(C)(4),the horse “Signed Rule” is placed on the Stewards list for a period of 60 days (beginning May 16, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Gilbert Ben 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 Gilbert Ben are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) .

This ruling is written in accordance with 15.2.6.11(A)(B) NMAC: Trainer Responsibility 16.47.1.10(B)(1)(2) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

15.2.1.9(B)(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: MARY CHRISTINA TATE Ruling Date: 5/20/2018
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 18-027 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On May 20, 2018, a steward's conference was held with owner/trainer Mary Christina Tate regarding allegations of being involved in an altercation on the backside. The WHRC investigator presented testimony based on interviews with several witnesses that Mary Christina Tate was a participant in a physical altercation on the backside at Emerald Downs with another licensee on the evening of May 6, 2018. Accordingly, the WHRC board of stewards hereby assess a fine of two hundred dollars ($200.00) and place all WHRC licenses of Mary Christina Tate in probationary status for the remainder of the year. If Mary Christina Tate engages in any conduct that disturbs the peace or is detrimental to horse racing, any licenses held by Ms. Tate may be immediately suspended or revoked. The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-24-510 (3,a,ii,iv) WAC 260-80-140 WAC 260-84-060

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

Name: TREVOR KEITH MARTIN Ruling Date: 5/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-77 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Trevor Martin, having been duly notified and appeared to waive his right to a formal hearing before the Board of Stewards on May 20, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse, “Signed Rule”,( Test Sample #: NM 30715), who finished 2nd in the 2nd race on May 06, 2018 at SunRay Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Trevor Martin and declined.

Gilbert Ben, trainer of record for horse “Signed Rule”, was duly notified and also waived his right to a formal hearing. Licensee is found in violation of 15.2.6.9(C)(1) : prima facie evidence Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(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.

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

        1. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7), 15.2.6.9(C)(5)(c), 15.2.6.9(C)(4),the horse “Signed Rule” is placed on the Stewards list for a period of 60 days (beginning May 16, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
        2. The horse “Signed Rule” is hereby disqualified from Second place and ordered unplaced from the 2nd race on May 06, 2018 at SunRay Park Racetrack for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Torito Power
                2. Bv Born to Be Blue
                3. El Cantador Gtz
                4. Sign Hawkingson
                5. Emoji
                6. Gypsy Davie
                7. A Speedster
Unplaced “Signed Rule”

This ruling is written in accordance with 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes Which states in pertinent part that “Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.” 15.2.5.13(E)(4)(d) : Stewards General Authority Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification.” 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 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: JENNIFER M WHITAKER Ruling Date: 5/20/2018
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 18-030 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On Saturday, May 12, 2018, a ruling conference was held with jockey Jennifer Whitaker at which time testimony was heard and a review of the video was conducted. Accordingly, Jennifer Whitaker is hereby assessed a fine of $200.00 for failing to maintain a straight course down the stretch causing interference in the seventh race on Saturday, May 19, 2018, while aboard #3 Daytona Beach. The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-52-040 (3,4,5)

You have the right to challenge this stewards' ruling. If you wish to challenge this ruling, you must file a request for a hearing before the Commission within seventy two (72) hours of service of this ruling. The request must be filed with an office of the Commission and must include your name, address, telephone number, signature and a statement of the basis for the challenge to the ruling. If such request for hearing is not filed with the Commission within the seventy two (72) hours or in the format listed above, then you are deemed to have waived your rights to a hearing before the Commission. After seventy two (72) hours, if you have not filed a request for a hearing before the Commission the Stewards' penalty will be imposed. WAC 260-24-510 (3, k)

Name: Max William May Ruling Date: 5/20/2018
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 18-029 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The WHRC groom's license of Max William May is hereby cancelled, without prejudice, for non-participation.

WAC 260-36-080 (3)

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

Name: Kristi L Sickler Ruling Date: 5/20/2018
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 18-028 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The WHRC association employee license of Kristi L. Sickler is hereby cancelled, without prejudice, for non-participation.

WAC 260-36-080 (3)

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

Name: DAVID A. MARTIN ESCALANTE Ruling Date: 5/19/2018
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 18-026 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On Saturday, May 19, 2018, a ruling conference was held with jockey David Arturo Martin Escalante at which time testimony was heard and a review of the video was conducted. Accordingly, David Arturo Martin Escalante is hereby assessed a fine of $200.00 for failing to maintain a straight course leaving the starting gate causing interference in the sixth race on Friday, May 18, 2018, while aboard #7 Iknowyourface. The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-52-040 (3,4,5)

You have the right to challenge this stewards' ruling. If you wish to challenge this ruling, you must file a request for a hearing before the Commission within seventy two (72) hours of service of this ruling. The request must be filed with an office of the Commission and must include your name, address, telephone number, signature and a statement of the basis for the challenge to the ruling. If such request for hearing is not filed with the Commission within the seventy two (72) hours or in the format listed above, then you are deemed to have waived your rights to a hearing before the Commission. After seventy two (72) hours, if you have not filed a request for a hearing before the Commission the Stewards' penalty will be imposed. WAC 260-24-510 (3, k)

Name: LUIS APODACA DIAZ Ruling Date: 5/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-74 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/27/2018 Suspension End: 5/3/2018
Ruling Text: Jockey ,Luis A. Apodaca having been summoned and having appeared before the Board of Stewards on May 19, 2019 for careless riding during the running of the 3rd race on May 18, 2018 at SunRay Park Racetrack while aboard “Chick N Rock” which resulted in his mount being disqualified from 4th place to 8th place.behind the horse interfered with. Licensee is found in violation of: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinet part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(d) NMAC: Post to Finish (d) In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane in such a manner that it interferes with, impedes or intimidates another horse, it is a foul and may result in the disqualification of the offending horse.

For this violation, the Board of Stewards assessed Luis A. Apodaca a suspension of 7 calendar days (May 27, 2018, May 28, 2018, May 29, 2018, May 30, 2018, , May 31, 2018, June 1, 2018 and June 2, 2018). Luis A. Apodaca is allowed to ride designated races.

This ruling is written in accordance with: 15.2.5.13(E)(3)(c) NMAC: Post to Finish Which states in pertinent part that “If the Stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey.” 15.2.5.13(E)(3)(d) NMAC: Post to Finish The offending horse may be disqualified, if in the opinion of the stewards, the foul altered the finish of the race, regardless of whether the foul was accidental, willful or the result of careless riding. 15.2.5.13(E)(4)(a) NMAC Disqualification. When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horse as in their judgment it interfered with, or they may place it last 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: JOE ALLEN MCANALLY Ruling Date: 5/19/2018
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3430 Ruling Type: Failure to Meet Financial Obligation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Upon being duly notified, Owner/Trainer Joe McAnally failed to appear before the Lone Star Park Board of Stewards on 05/18/18 in the matter of an insufficient funds check (#2193) that he presented to the TxRC licensing department at Lone Star Park on 04/22/18. Mr. McAnally is hereby fined fifty dollars in absentia for the violation and ordered to make restitution for the check in the amount of thirty five dollars.

First violation in a 365 day period.

Name: Kaylee Ann Martz Ruling Date: 5/19/2018
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 18-025 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On May 19, 2018, a steward's conference was held with tack shop assistant Kaylee Ann Martz regarding allegations of being involved in an altercation on the backside. The WHRC investigator presented testimony based on interviews with several witnesses that Kaylee Ann Martz was a participant in a physical altercation on the backside at Emerald Downs with another licensee on the evening of May 6, 2018. Accordingly, the WHRC board of stewards hereby assess a fine of two hundred dollars ($200.00) and place all WHRC licenses of Kaylee Ann Martz in probationary status for the remainder of the year. If Kaylee Ann Martz engages in any conduct that disturbs the peace or is detrimental to horse racing, any licenses held by Ms. Martz may be immediately suspended or revoked. The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-24-510 (3,a,ii,iv) WAC 260-80-140 WAC 260-84-060

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

Name: EDGAR S MARTINEZ Ruling Date: 5/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-73 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Edgar S. Martinez, having been summoned and having appeared before the Board of Stewards on May 19, 2019 for careless riding during the running of the 2nd race on May 18, 2018 at SunRay Park Racetrack while aboard “Jessonedayoutoftime” which resulted in his mount being disqualified from 1st place to 4th place (Drifted out midway down the lane into the lane of the #3 Ima Handsome Man which caused the #3 rider to check his mount and alter course.) . Licensee is found in violation of: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinet part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(d) NMAC: Post to Finish (d) In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane in such a manner that it interferes with, impedes or intimidates another horse, it is a foul and may result in the disqualification of the offending horse.

For this rule violation, the Board of Stewards assessed Edgar S. Maartinez a penalty in the amount of two hundred dollars ($ 200.00). The fine is to paid on or before June 19, 2018 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is written in accordance with: 15.2.5.13(E)(3)(c) NMAC: Post to Finish Which states in pertinent part that “If the Stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey.” 15.2.5.13(E)(3)(d) NMAC: Post to Finish The offending horse may be disqualified, if in the opinion of the stewards, the foul altered the finish of the race, regardless of whether the foul was accidental, willful or the result of careless riding. 15.2.5.13(E)(4)(a) NMAC Disqualification. When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horse as in their judgment it interfered with, or they may place it last 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: DANIEL BALDERRAMA Ruling Date: 5/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-75 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner:Daniel Balderrama, having been duly notified, having failed to appear, and had his hearing held in absentia, in accordance with15.2.1.9(B)(4)(d) Non-Appearance, before the Board of Stewards on May 12, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol”, and the (Class 4 penalty C-Minor) presence of more than one NSAID, detected in horse “Trip to The Jungle”( Test Sample #: NM10125), who finished FIRST place in the 4th race on December 21, 2014, at Sunland Park Racetrack.

Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer Joe E. Ruiz and confirmed by LSU but with the Clenbuteraol level below the threshold at the time. Therefore only the Stacking violation will apply.

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

For Daniel Balderrama’s FIRST Class 4-C Minor medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(3) Penalty Recommendations, the Board of Stewards assessed a penalty as follows

1, This is a WARNING. 2. No change in the official order of finish.

This ruling is written in accordance with: 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (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: ESTABAN RAMIREZ Ruling Date: 5/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-71 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Esteban Ramirez having been duly notified appeared telephonically and waived a formal hearing before the Board of Stewards on May 19, 2018 for failure to declare equipment (Flipping Halter Off) at time of entry for “Big and Talented”, entered in the 1st race on May 18, 2018 at SunRay Park Racetrack.

Licensee is found to be in violation of: 15.2.5.8 (B)(10) Procedure For Entries Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.5.8 (B)(6) Procedure For Entries No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards 15.2.5.13 (A)(6) Equipment For The Running Of The Race: No licensee may add blinkers to a horse's equipment or discontinue their use without the prior approval of the starter, the paddock judge, and the stewards. 15.2.6.11(E)(10)Trainer Responsibility The trainer is responsible for ensuring proper bandages, equipment and shoes.

For this rule violation, the Board of Stewards assessed Estaban Ramirez a penalty in the amount of one hundred dollars ($ 100.00). The fine is to paid on or before June 19, 2018 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

Name: WILTON RICHARD WHITEHOUSE Ruling Date: 5/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-72 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer/Owner: Wilton R. Whitehouse, having been duly notified and having waived his right to a 10 day notice and formal hearing before the Board Of Stewards on May 19, 2018, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4 penalty category C drug) found in test sample NM 30727 taken from the horse “He’s Very Rare” following the 6th race, on May 6, 2018 at SunRay Park Racetrack. The original lab report indicated a finding of Phenylbutazone at 2.83 micrograms per milliliter in the blood, which exceeds the allowable limit of 2.0 micrograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Wilton R. Whitehouse . Wilton R. Whitehouse is the owner of record for horse He’s Very Rare”.

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

For this FIRST Class 4C medication violation issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Wilton R. Whitehouse a penalty as follows:

    1. A ($250) Two Hundred Fifty dollar fine to be paid on or before June 19, 2018, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse He’s Very Rare, must pass a commission-approved examination before being eligible to run.

This ruling is written in accordance with: 15.2.6.9 A. UNIFORM CLASSIFICATION GUIDELINES (4) Class 4 - This category is comprised primarily of therapeutic medications routinely used in race horses. These may influence performance, but generally have a more limited ability to do so. 15.2.6.11(A) NMAC: Trainer Responsibility 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: Ryan Keith Grundy Ruling Date: 5/19/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-8 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA -Rule 458(2)(g)© Excessive whipping
Name: Ryan Keith Grundy Ruling Date: 5/19/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-8-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-CENT-8 - Ruling Final Outcome
Name: ANDRES BERNAL Ruling Date: 5/21/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-69-MOD Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SRP-69 - Modified Ruling Ruling error-- Ricardo Andres Bernal is a licensed owner. Ricardo Andres Bernal Paid the debt owed Alan Chastin DVM $951.00 Ruling Zia Park #024912 on May 18,2018.
Name: ANDRES BERNAL Ruling Date: 5/18/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-69 Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Ricardo Andres Bernal appeared Telephonically before the Board of Stewards on May 18, 2018, at SunRay Park Racetrack concerning an outstanding financial obligation (court judgment) to Alan Chastain DVM in the amount of $951.00. The Board of Stewards order that any/all New Mexico Racing Commission licenses issued to Ricardo Andres Bernal be reinstated and in good standings having paid the fine Ruling Zia Park #0240912 on May 18, 2018

This ruling in written in accordance with: 16.47.1.8 (L)(1)(i) – CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: JOSE LUIS ZUNINO Ruling Date: 5/18/2018
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 18-023 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/25/2018 Suspension End: 5/28/2018
Ruling Text: On Saturday, May 5, 2018, a ruling conference was held with jockey Jose L. Zunino at which time testimony was heard and a review of the videos were conducted. Accordingly, the jockey license of Jose L. Zunino is hereby suspended three racing days, Saturday, May 12, 2018, Sunday, May 13, 2018, and Friday, May 18, 2018, for careless riding while aboard #2 Parkers Rose in the first race on April 29, 2018, causing interference to another horse.

On Monday, May 7, 2018, Jose L. Zunino filed an appeal to ruling number EMD18-014 and was granted a stay of his suspension. On Thursday, May 17, 2018, Mr. Zunino dropped his appeal.

Therefore, Jose L. Zunino is suspended three racing days, Friday, May 25, 2018, Saturday, May 26, 2018, and Sunday, May 27, 2018, for careless riding while aboard #2 Parkers Rose in the first race on April 29, 2018, causing interference to another horse.

WAC 260-52-040 (5)

Name: ESPERANZA CASAS Ruling Date: 5/18/2018
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3429 Ruling Type: Failure to Meet Financial Obligation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Upon being duly notified, Horse Owner Esperanza Casas failed to appear before the Lone Star Park Board of Stewards on 05/18/18 in the matter of an insufficient funds check (#123) that she presented to the TxRC licensing department at Lone Star Park on 04/13/18. Esperanza Casa is hereby fined fifty dollars for the violation and ordered to provide restitution for the returned check in the amount of $227.00.

First violation in a 365 day period.

Name: EMILIO CADENA Ruling Date: 5/18/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-66 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Emilio Cadena Jr.having appeared before the Board of Stewards on May 18, 2017, for failing to have registration papers on file for entry Rexellent, which resulted in a late scratch and mutuel refund in the 8th race on May 14, 2018 at SunRay Park Racetrack.

Licensee is found to be in violation of. 15.2.5.12(B) NMAC: Which states in pertinent part “A horse shall be ineligible to start in a race when its breed registration certificate is not on file with the racing secretary”.

For this violation, the Board of Stewards assessed Emilio Cadena a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before June 18, 2018 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension This ruling is written in accordance with 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: JOSUE HUITRON Ruling Date: 5/22/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22779 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol was reported at 318 pg/ml in post-race urine of sample DD55149 taken from “Eysa Jess Jumpn”, winner of race 13, April 27, 2018, the Lassie Futurity Trial, at Delta Downs. Upon notification Trainer Josue Huitron 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. Trainer Josue Huitron is hereby fined $1000 and “Eysa Jess Jumpn” is disqualified and declared unplaced and the purse ordered redistributed. “Eysa Jess Jumpn” is deemed to have forfeited to eligibility to race in the Lassie Futurity Final.
Name: LANNY DON KEITH Ruling Date: 5/23/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22778 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, Have Gotta Streak, in the paddock on time, resulting in a late scratch from race 1, May 17, 2018 at Delta Downs.
Name: DAVID A ALVAREZ Ruling Date: 5/23/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22775 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Whipped his mount prior to the running of race 8, on May 17, 2018.
Name: MARSHALL THOMAS CAMPBELL Ruling Date: 5/18/2018
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2018-CT-28 Ruling Type: Warning Letter
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer, Marshall T. Campbell Permit #11994; SS# xxx-xx-1772. The official sample #E262384 taken from the runner “Trulywicked” who finished first (1st) in the seventh (7th) race on Saturday, May 5, 2018, was reported by Industrial Testing Laboratory to contain Ketoprofen above the authorized levels. Specifically, the blood sample contained 4.5 +/-0.3 nanograms. The Stewards conclude that Mr. Campbell has violated section(s) 178-1-49.6.a.1 and 178-1-49.6.a.1.A, which reads, “Not to exceed the following permitted serum or plasma threshold concentrations which are consistent with administration by a single intravenous injection at least twenty-four (24) hours before post time for the race in which the horse is entered. However, the Stewards determine the appropriate penalty on case by case basis by considering the mitigating/aggravating factors. Based on the above, the penalty on Mr. Campbell will be a warning with no suspension, fine, or points. You have the right to appeal this Ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 Days of your receipt of this Ruling and must include a security fee in the amount of $500. Dated: May 18, 2018
Name: WILLIE J SIMIEN Ruling Date: 5/23/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22777 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, Blue Got Game, in the paddock on time, resulting in a late scratch from race 5, May 17, 2018 at Delta Downs.
Name: HENRY A MCINTOSH Ruling Date: 5/18/2018
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3420 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Henry McIntosh having been duly noticed, waived hearing in the matter of contraband, one (1) 25 oz. Busch beer inside the stable gate at Lone Star Park on 05/06/18. O/T Henry McIntosh is fined one hundred (100.00) dollars by the Lone Star Park Board of Stewards for this ticket/violation #001044 issued by TxRC Investigator Roger Osio.

First violation in 365 days.

Name: JULIEN H COUTON Ruling Date: 5/18/2018
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 18-024 Ruling Type: Failure to Give Best Effort
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On Friday, May 18, 2018, a ruling conference was held with jockey Julien Couton regarding his failure to ride his mount #1 'Atta Boy Dougie' to the finish in the first race on Sunday, May 13, 2018. Testimony was heard and a review of the video was conducted. The stewards determined that Julien Couton had stood up on his horse before the finish line and the race resulted in his horse being beaten in a photo for second. Accordingly, Julien Couton is hereby assessed a fine of $250.00 for failing to ride his horse to the finish. The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-52-040 (1)

You have the right to challenge this stewards' ruling. If you wish to challenge this ruling, you must file a request for a hearing before the Commission within seventy two (72) hours of service of this ruling. The request must be filed with an office of the Commission and must include your name, address, telephone number, signature and a statement of the basis for the challenge to the ruling. If such request for hearing is not filed with the Commission within the seventy two (72) hours or in the format listed above, then you are deemed to have waived your rights to a hearing before the Commission. After seventy two (72) hours, if you have not filed a request for a hearing before the Commission the Stewards' penalty will be imposed.

Name: MARY CHRISTINA TATE Ruling Date: 5/18/2018
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 18-022 Ruling Type: Employment Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On Friday, May 18, 2018, a stewards' conference was held with owner/trainer Mary Christina Tate for allowing unlicensed persons to perform groom duties. Testimony was taken confirming that Ms. Tate did allow an unlicensed person to perform the duties of a groom. Accordingly, Mary Christina Tate is hereby assessed a fine of one hundred dollars ($100.00) for employing an unlicensed person in a position for which a license is required. The fine is due within seven days of the service of this ruling. Failure to pay the fine within the required time will result in your license being suspended until the fine is paid in full.

WAC 260-36-150 WAC 260-36-250 WAC 260-36-260

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

Name: CYNTHIA ANNE MOODY Ruling Date: 5/18/2018
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 18-021 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/18/2018 Suspension End:
Ruling Text: On Friday, May 18, 2018, a steward's conference was scheduled with Cynthia Anne Moody regarding a financial complaint in the amount of $64.50 from Simkins & Tingdale, Inc. Cynthia Anne Moody was properly served and failed to appear. Accordingly Cynthia Anne Moody is hereby declared ineligible for licensing by the WHRC until such time as she appears before the board of stewards to address this matter or proof that the debt is paid in full is received.

WAC 260-28-030

FACILITY ACCESS While declared ineligible Cynthia Anne Moody is denied access to and privileges of any and all grounds and Advance Deposit Wagering Service Providers coming under the jurisdiction of the Washington Horse Racing Commission.

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

Name: Keimar Trutman Ruling Date: 5/18/2018
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2018-CT-27 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey, Keimar Trotman, Permit #11490; SS xxx-xx-1314; is suspended for Three racing days starting Thursday May 24, through and including Saturday May 26, 2018. Jockey Trotman is in violation of Rule of Racing #178-1-45.7.b.1, which reads: “A jockey shall not ride carelessly or willfully so as to permit his or her mount to interfere with, impede or intimidate any other horses in the race.” Jockey Trotman let his mount, Moneywise drift in entering the clubhouse turn causing Pleasantly Royal to take up sharply during the Second Race on Saturday May 12, 2018. Moneywise was disqualified from Fourth (4th) and placed Fifth (5th). All fines imposed by the Stewards shall be paid to the Racing Commission within Seven (7) days after the ruling is issued, unless otherwise ordered by the Stewards, Per West Virginia Rule of Racing Number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five-Hundred ($500.00) Dollars.
Name: Faviola Gonzalez Ruling Date: 5/23/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22773 Ruling Type: Race Office/Track Rule Violation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Failure to have the required 60 day workout resulting in the late scratch of “Mibyebyebaby” from race 3, May 11, 2018, at Delta Downs.
Name: ELISEO G CELESTINO Ruling Date: 5/23/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22774 Ruling Type: Race Office/Track Rule Violation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Failure to have the required 60 day workout resulting in the late scratch of “Jessa Special Tee” from race 5, May 17, 2018, at Delta Downs.
Name: MICHAEL DALE TAYLOR Ruling Date: 5/23/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22772 Ruling Type: Race Office/Track Rule Violation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Failed to declare a change of equiptment (Flipping Halter) for his scheduled starter, Heza Leader, in race 10 on May 16, 2018.
Name: ANTHONY GLENN AREY Ruling Date: 5/23/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22771 Ruling Type: Race Office/Track Rule Violation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Failed to declare a change of equiptment (Flipping Halter) for his scheduled starter, Jumpin High Punch, in race 2 on May 16, 2018.
Name: PORFIRIO GUILLERMO FIERRO Ruling Date: 5/23/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22770 Ruling Type: Race Office/Track Rule Violation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Failed to declare a change of equiptment (Flipping Halter) for his scheduled starter, Fast Flying Fish, in race 1,on May 16, 2018.
Name: BARBARA J ALCANTARA Ruling Date: 5/22/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22764 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 512 pg/ml in post-race urine of sample DD55118 taken from “Leavin T Six”, winner of race 5, April 26, 2018,  at Delta Downs. Upon notification Trainer Barbara Alcantara declined her right to have the split portion tested and waived her right to a formal stewards’ hearing. The stewards concluded that the sample contained Clenbuterol above the permitted level. Trainer Barbara Alcantara is hereby fined $1000 and “Leavin At Six” is disqualified and declared unplaced and the purse ordered redistributed.
Name: BARBARA J ALCANTARA Ruling Date: 5/22/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22765 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 253 pg/ml in post-race urine of sample DD55172 taken from “Toast To Breezy”, winner of race 11, April 28, 2018, The Laddie Futurity Trial at Delta Downs. Upon notification Trainer Barbara Alcantara declined her right to have the split portion tested and waived her right to a formal stewards’ hearing. The stewards concluded that the sample contained Clenbuterol above the permitted level. Trainer Barbara Alcantara is hereby fined $1000 and “Toast to Breezy” is disqualified and declared unplaced and the purse ordered redistributed.
Name: XAVIER SCOTT Ruling Date: 5/22/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22766 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 272pg/ml in post-race urine of sample DD55099 taken from “Senorita Patriot”, winner of race 1, April 25, 2018,  at Delta Downs. Upon notification Trainer Xavier Scott 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. Trainer Jxavier Scott is hereby fined $1000 and “Eysa Jess Jumpn” is disqualified and declared unplaced and the purse ordered redistributed.
Name: ARNULFO ASCENCIO Ruling Date: 5/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-1 Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Arnulfo Ascencio Jr. DOB 04/28/1981 having paid all the fines issued in Rulings# 2016-Rui-172, 2016-Rui-173 : at Ruidoso Downs racetrack is reinstated to good standings. 15.2.3.8 FLAT RACING OFFICIALS GENERAL PROVISIONS: B. Stewards (3) Disciplinary action (1) All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered. T. KNOWLEDGE OF THE RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.
Name: NOE R SANCHEZ Ruling Date: 5/22/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22767 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 573 pg/ml in post-race urine anf10.4 pg/ml in plasma of sample DD55104 taken from “Tf Dashin and Flyin" second finisher, of race 5, April 25, 2018,  at Delta Downs. Upon notification Trainer Noe Sanchez 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. Trainer Noe Sanchezis hereby fined $1000 and “Tf Dashin and Flyin” is disqualified and declared unplaced and the purse ordered redistributed.
Name: JOSUE HUITRON Ruling Date: 5/22/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22768 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol was reported at 247pg/ml in post-race urine of sample DD55122 taken from “Black Lexus Star”, winner of race 8, April 28, 2018,  at Delta Downs. Upon notification Trainer Josue Huitron 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. Trainer Josue Huitron is hereby fined $1000 and “Eysa Jess Jumpn” is disqualified and declared unplaced and the purse ordered redistributed.
Name: PEDRO CARRILLO GOMEZ Ruling Date: 5/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-59 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Pedro Carrillo, having been duly notified and having waived his rights to a formal hearing before the Board Of Stewards on May 12,2018, regarding a confirmation from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the class 4 Penalty C therapeutic drugs Phenylbutazone and Flunixin (a stacking violation) found in test sample NM09887 taken from the horse “Miracle Fish” following the 3th race, on December 2, 2014, at Zia Park Racetrack, in Hobbs, NM. The original lab report indicated a finding of Phenylbutazone at 1.37 micrograms per milliliter in the blood and Flunixin at 25.6 nanograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer Tony M. Gallegos Licensee is found to be in violation of: 15.2.6.9 N. Non-steroidal anti-inflammatory drugs (NSAIDs)/15.2.6.9(C)(1) : Prima Facie Evidence 16.47.1.8 (U)(1) PROTECTION OF HORSES /15.2.6.9(B)(4) PENALTY RECOMMENDATIONS

MITIGATING CIRCUMSTANCES=ARCI RULES IN EFFECT IN 2014 For Pedro Carrillo’s FIRST Class 4C medication violation in a 365-day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards assessed a penalty as follows:

    1. A WARNING, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC:
    2. No change in the official order of finish
This ruling is written in accordance with: 15.2.6.9 CLASS 4 UNIFORM CLASSIFICATION GUIDELINES /15.2.6.11(A): Trainer /15.2.6.11(B) Trainer Responsibility 16.47.1.10 (C) (5) TRAINER RESPONSIBILITY: /16.47.1.10(B)(1): Absolute Insurer 16.47.1.8 (L)(1)(i) – CONDUCT 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 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: PEDRO CARRILLO GOMEZ Ruling Date: 5/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-65 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner: Pedro Carillo, having been duly notified and having appeared before the Board of Stewards on May 12, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Future Jabonero” ( Test Sample #: NM 09839), who finished 3rd in the 10th race on November 29, 2014 at Zia Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Pedro Carillo and declined.

Tony Gallegos, trainer of record for horse “Future Jabonero”, was duly notified and appeared telephonically for this hearing.

Licensee is found in violation of 15.2.6.9(C)(1) : prima facie evidence Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(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. Mitigating Circumstances=ARCI Rules in effect 2014

For Pedro Carillo’s Third Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

    1. ($2500) Twenty five hundred dollar fine to paid on or before June 11, 2018, in accordance with 15.2.3.8 (B)(3)(l) . Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Future Habenero” is hereby disqualified from 3rd Place and ordered unplaced from the 10th race on November 29, 2014 at Zia Park Racetrack for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Stone Cottrell
                2. Call Me Cash Man
                3. Uno Mas Hero
                4. Making Fire
                5. Urbanite
                6. First Prize Jewel
                7. Cocoa Creme
                8. Double Chiseled
Unplaced “Future Jabonero” This ruling is written in accordance with 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes Which states in pertinent part that “Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.” 15.2.5.13(E)(4)(d) : Stewards General Authority Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification.” 15.2.3.8 B (3)(f) Stewards Disciplinary Action 16.47.1.8. T. KNOWLEDGE OF RULES: 15.2.1.9(B)(9)b: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: ISIDRO ALANIZ RODRIGUEZ Ruling Date: 5/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-54 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Isidro Rodriquez having been duly notified telephonically and waived a formal hearing before the Board of Stewards on May 13, 2018, for failure to bring a water bucket to the test barn on May 11, 2018 at SunRay Park Racetrack.

This conduct, action, or omission has resulted in charges or allegation against you that you are in violation of the following New Mexico Racing Commission Rules and or Policy.

15.2.2.8 (O)(2) Test Barn The test barn must be equipped with a walk ring that is large enough to accommodate 10 horses; at least three enclosed stalls that permit observation of the collection process and provide for the protection of collection personnel; facilities and equipment for the collection, identification and storage of samples; a wash rack that is large enough to accommodate three horses at the same time; hot and cold running water; clean water buckets supplied by the trainer for each horse.

15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

For this rule violation, the Board of Stewards assessed Isidro Rodriquez a penalty in the amount of fifty dollars ($ 50.00). The fine is to paid on or before June 13, 2018 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Name: Garry Leonard Schedlosky Ruling Date: 5/13/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-7 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
HRA Rule 458 (2)(g)© Whippin more than 3 times
Name: Garry Leonard Schedlosky Ruling Date: 5/13/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-7-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-CENT-7 - Ruling Final Outcome
Name: SAUL RAMIREZ Ruling Date: 5/16/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22760 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/10/2018 Suspension End: 7/9/2018
Ruling Text:
Clenbuterol was reported at  246pg/ml in post-race urine sample DD55160taken from “Prize Dancer”, winner of race 5, April 28, 2018, at Delta Downs. Upon notification, by the stewards, Trainer Saul Ramirez, Jr 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. Considering that Trainer Saul Ramirez, Jr has had multiple Clenbuterol positives in the past year, he is hereby suspended 30 days June 10, 2018 through July 9, 2018 and denied access to all facilities under the jurisdiction of the LSRC . Prize Dasher” is disqualified and declared unplaced and the purse ordered redistributed.
Name: ISIDRO ALANIZ RODRIGUEZ Ruling Date: 5/12/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-41 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Isidro Rodriquez having been duly notified appeared and waived a formal hearing before the Board of Stewards on May 12, 2018, for failure to declare equipment (Blinkers On) at time of entry for “Major Alligator”, entered in the 6th race on May 4, 2018 at SunRay Park Racetrack.

Licensee is found to be in violation of: 15.2.5.8 (B)(10) Procedure For Entries Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.5.8 (B)(6) Procedure For Entries No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards 15.2.5.13 (A)(6) Equipment For The Running Of The Race: No licensee may add blinkers to a horse's equipment or discontinue their use without the prior approval of the starter, the paddock judge, and the stewards. 15.2.6.11(E)(10)Trainer Responsibility The trainer is responsible for ensuring proper bandages, equipment and shoes.

For this rule violation, the Board of Stewards assessed Isidro Rodriquez a penalty in the amount of one hundred dollars ($ 100.00). The fine is to paid on or before June 12, 2018 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

Name: ZAFER VURGUN Ruling Date: 5/12/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-44 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 5/11/2018 Suspension End: 6/10/2018
Ruling Text: Trainer: Zafer Vergun, having been duly notified and having waived his right to a formal hearing telephonically before the Board of Stewards on May 11, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Gold Boundry”( Test Sample #: NM 30388), who finished 2nd in the 9th race on April 7, 2018 at Sunland Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Zafer Vergun and declined.

Ramiro Miranda, owner of record for horse “Gold Boundry”, was duly notified and failed to appear for this hearing. Licensee is found in violation of 15.2.6.9(C)(1) : prima facie evidence Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(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.

For Zafer Vergun’s FIRST Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (B)(2)Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

    1. A 30 day suspension of all NMRC licenses starting May 11, 2018, through June 10, 2018, inclusive.
    2. ($750.00) Seven Hundred and Fifty dollar fine to paid on or before June 10, 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), 15.2.6.9(C)(5)(c), 15.2.6.9(C)(4),the horse “Gold Boundry” is placed on the Stewards list for a period of 60 days (beginning April 18, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Zafer Vergun 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 Zafer Vergun are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) .
Name: ZAFER VURGUN Ruling Date: 5/12/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-51 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 6/11/2018 Suspension End: 8/10/2018
Ruling Text: Trainer: Zafer Vergun, having been duly notified and waived his formal hearing telephonically before the Board of Stewards on May 11, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Telequest”( Test Sample #: NM 30489), who finished 1st in the 7th race on April 17, 2018 at Sunland Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to Zafer Vergun and declined.

Ramiro Miranda, owner of record for horse “Telequest”, was duly notified and failed to appear for this hearing.

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

For Zafer Vergun’s Second Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (B)(2)Penalty Recommendations, the Board of Stewards assessed a penalty as follows:

    1. A 60 day suspension of all NMRC licenses starting June 11, 2018, through August 10, 2018, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. ($1,500.00) Fifteen hundred dollar fine to paid on or before June 10, 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), 15.2.6.9(C)(5)(c), 15.2.6.9(C)(4),the horse “Telequest” is placed on the Stewards list for a period of 60 days (beginning May 2, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Zafer Vergun 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 Zafer Vergun are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) .
Name: ZAFER VURGUN Ruling Date: 5/21/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-44-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 5/11/2018 Suspension End: 6/10/2018
Ruling Text: RE: 2018-SRP-44 - Modified Ruling Spelling correction of trainers name. Trainer Zafer Vurgun.
Name: ZAFER VURGUN Ruling Date: 5/21/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-51-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 6/11/2018 Suspension End: 8/10/2018
Ruling Text: RE: 2018-SRP-51 - Modified Ruling Spelling correction for trainer Zafer Vurgun.
Name: JOSEPH MICHAEL DAVIS Ruling Date: 5/16/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22758 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  212 pg/ml in post-race urine sample DD55072 taken from “Might and Right”, second finisher of race 6, April 20, 2018, at Delta Downs. Upon notification, by the stewards, Trainer Joseph Davis 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. Trainer Joseph Davis, Jr is hereby fined $1000 and “Might and Right” is disqualified and declared unplaced and the purse ordered redistributed.
Name: SAUL RAMIREZ Ruling Date: 5/16/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22759 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/11/2018 Suspension End: 6/9/2018
Ruling Text:
Clenbuterol was reported at  230 pg/ml in post-race urine sample DD55143 taken from “Zoom By Me”, winner of race 10, April 27, 2018,The Lassie Futurity Trial, at Delta Downs. Upon notification, by the stewards, Trainer Saul Ramirez, Jr 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. Considering that Trainer Saul Ramirez, Jr has had multiple Clenbuterol positives in the past year, he is hereby suspended 30 days May 11 through June 9, 2018 and denied access to all facilities under the jurisdiction of the LSRC . “Zoom By Me” is disqualified and declared unplaced and the purse ordered redistributed. Zoom by Me is deemed to have forfeited its eligibilty to compete in any subsequent race related to the Lassie  Futurity.
 
 
Name: JANICE MARIE JACOBUS Ruling Date: 5/11/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 18063PP Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: General Ruling. SECURITY LICENSE #511161101 OF JANICE MARIE JACOBUS IS HEREBY RESCINDED WITHOUT PREJUDICE ON HER REQUEST.
Name: WILLIE J SIMIEN Ruling Date: 5/16/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22756 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 808.5 pg/ml in post-race urine and 13.4pg/ml in plasma of sample DD55097 taken from “Lightemupwithcharm”, winner of race 10, April 21, 2018, at Delta Downs. Upon notification Trainer Willie Simien 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. Trainer Willie Simien is hereby fined $1000 and “Lightemupwithcharm” is disqualified and declared unplaced and the purse ordered redistributed.
Name: Jose A. Rodriguez Ruling Date: 5/22/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22750 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Whipped his mount prior to the running of race 4 on may 9, 2018 at Delta Downs.
Name: MICHAEL ANTHONY GREENE Ruling Date: 5/9/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-012-18 Ruling Type: Falsification of License Application
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Michael Greene is fined $200.00 for submitting an incomplete/inaccurate application, which is a violation of DHRC rule: 5.1.16.1.5. All fines are to be paid within 10 days of written rule.
Name: Wolfe King Ruling Date: 5/8/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-T#2 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $100.00 for his part in an altercation with another racing participant in the barn area at Northlands Park.
Name: HARRY B MCGILL Ruling Date: 5/8/2018
Jurisdiction: Horse Racing Alberta Facility: Northlands Park
Ruling Number: 2018-NP-T#4 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $200.00 for his part in an altercation with another racing particpant in the barn area at Northlands Park on April 28, 2018. Mr. McGill will be placed on a probationary license.
Name: JOSE LUIS MARQUEZ Ruling Date: 5/7/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-34 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Jose Luis Marquez having been duly notified telephonically and waived a formal hearing before the Board of Stewards on May 7, 2018, for failure to bring a water bucket to the test barn on May 6, 2018 at SunRay Park Racetrack.

This conduct, action, or omission has resulted in charges or allegation against you that you are in violation of the following New Mexico Racing Commission Rules and or Policy.

15.2.2.8 (O)(2) Test Barn The test barn must be equipped with a walk ring that is large enough to accommodate 10 horses; at least three enclosed stalls that permit observation of the collection process and provide for the protection of collection personnel; facilities and equipment for the collection, identification and storage of samples; a wash rack that is large enough to accommodate three horses at the same time; hot and cold running water; clean water buckets supplied by the trainer for each horse.

15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

For this rule violation, the Board of Stewards assessed Jose Luis Marquez a penalty in the amount of fifty dollars ($ 50.00). The fine is to paid on or before June 7, 2018 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Name: MIGUEL A. PEREZ Ruling Date: 5/7/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-38 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/21/2018 Suspension End: 5/26/2018
Ruling Text: Jockey Miguel A. Perez, having been summoned and having appeared before the Board of Stewards on May 7, 2018, for careless riding during the running of the 9th race on May 6, 2018 while aboard #4 “Doms Dynamo” used poor judgment mid stretch by steering in and bumping #3 out of his lane is found to be in violation of Commission rules.

Licensee is found in violation of: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.”

For this rule violation, the Board of Stewards assessed Miguel Perez a suspension of 5 calendar days (May 21, 2018 through May 26, 2018). Miguel Perez is allowed to ride designated races.

This ruling is written in accordance with: 15.2.5.13(E)(3)(c) NMAC: Post to Finish Which states in pertinent part that “If the Stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey.” 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: JACQUELINE (JACKIE) A ACKSEL Ruling Date: 5/8/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 18061PP Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: General Ruling. UPON APPLICATION FOR A JOCKEY LICENSE, THE OWNER/TRAINER LICENSE #511148901 OF JACQUELINE A. ACKSEL IS HEREBY RESCINDED WITHOUT PREJUDICE.
Name: JANN N HERNANDEZ Ruling Date: 5/8/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 18062PP Ruling Type: Frivolous Claim of Foul
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Lodging a frivolous claim of foul. APPRENTICE JOCKEY JANN N. HERNANDEZ IS HEREBY FINED ONE HUNDRED DOLLARS ($100..00) FOR LODGING A FRIVOLOUS CLAIM OF FOUL FOLLOWING THE RUNNING OF RACE #8 ON MAY 7,2018 IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.239(C). 163.239(C) AN OWNER, TRAINER OR JOCKEY MAY NOT COMPLAIN FRIVOLOUSLY THAT HIS HORSE WAS INTERFERED WITH. FINESIS DUE BY MAY 18,2018 IF FINE IS NOT PAID, SUSPENSION BEGINS MAY 19,2018 FINES ARE PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA. HORSE RACNG COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS...AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN PA. CODE, SECTION 165.214.
Name: ELSIE ACOSTA-CAMACHO Ruling Date: 5/6/2018
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3418 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/5/2018 Suspension End:
Ruling Text: Upon being duly notified, Groom Eliseo Acosta Camacho waived hearing and was suspended one hundred eighty days commencing on 05/05/18 by the Lone Star Park Board of Stewards. Mr. Acosta tested positive for Methamphetamine on a field test kit when he was ordered to provide a sample for testing at Lone Star Park on 05/05/18.

During the term of this suspension Eliseo Acosta Camacho is denied access to all facilities under the jurisdiction of the Texas Racing Commission.

Reinstatement is contingent upon satisfactory evaluation by the TxRC Medical Review Officer, providing a negative sample and compliance with any rehabilitaion, aftercare or further testing required.

First violation.

Name: JOSE LUIS MARQUEZ Ruling Date: 5/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-33 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Jose Luis Marquez having been duly notified telephonically and waived his formal hearing before the Board of Stewards on May 6, 2018, for failing to have the owner licensed for entry “Enuff Bull”, which resulted in a late scratch out of the 9th race on May 5, 2018, at SunRay Park Racetrack.

Licensee is found to be in violation of: 15.2.5.12(X) Horse ineligable Which states in pertinent part “A horse shall be ineligible to start in a race when its Owner, Lessor, and/or Trainer have not completed the licensing procedures required by the Commission”. 16.47.1.10 (C)(17) Trainer Responsibility: Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches, and in all other matters pertaining to racing; horses entered as to eligibility and weight or other allowances claimed”. 16.47.1.10 (C)(16) Trainer Responsibility The Trainer is responsible for disclosure of the true and entire ownership of each horse in their care, custody or control; any change in ownership must be reported immediately to, and approved by, the stewards and recorded by the racing secretary

For this violation, the Board of Stewards assessed Jose Luis Marquez a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before June 6, 2018 in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension This ruling is written in accordance with: 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: JOSE LUIS ZUNINO Ruling Date: 5/5/2018
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 18-014 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/12/2018 Suspension End: 5/15/2018
Ruling Text: On Saturday, May 5, 2018, a ruling conference was held with jockey Jose L. Zunino at which time testimony was heard and a review of the videos were conducted. Accordingly, the jockey license of Jose L. Zunino is hereby suspended three racing days, Saturday, May 12, 2018, Sunday, May 13, 2018, and Friday, May 18, 2018, for careless riding while aboard Parkers Rose in the first race on April 29, 2018, causing interference to another horse.

WAC 260-52-040 (5)

JOCKEY CHALLENGE You have the right to challenge this stewards' ruling. If you wish to challenge this ruling, you must file a request for a hearing before the Commission within seventy two (72) hours of service of this ruling. The request must be filed with an office of the Commission and must include your name, address, telephone number, signature and a statement of the basis for the challenge to the ruling. If such request for hearing is not filed with the Commission within the seventy two (72) hours or in the format listed above, then you are deemed to have waived your rights to a hearing before the Commission. After seventy two (72) hours, if you have not filed a request for a hearing before the Commission the Stewards' penalty will be imposed.

Name: SILVESTRE GONZALEZ-GONZALEZ Ruling Date: 5/7/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 18060PP Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/8/2018 Suspension End: 5/12/2018
Ruling Text: Careless Riding. JOCKEY SILVESTRE GONZALEZ-GONZALEZ IS HEREBY SUSPENDED FIVE (5) CALENDAR DAYS MAY 8,2018 THROUGH MAY 12,2018 INCLUSIVE, FOR ALLOWING HIS MOUNT "MORALLY INFLEXIBLE" TO BEAR IN AFTER THE START CAUSING INTERFERENCE AND INTIMIDATION IN RACE #9 ON MAY 5,2018 RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM 4TH POSITION TO 7TH IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.234, 163.235 AND 163.471(A). 163.234 CROSSING AND WEAVING. DURING THE RUNNING OF A RACE, WHEN CLEAR, A HORSE MAY BE TAKEN TO ANOTHER PART OF THE COURSE BUT A HORSE MAY NOT CROSS OR WEAVE IN FRONT OF OTHER HORSES IN SUCH A WAY THAT WOULD IMPEDE THEM OR CONSTITUTE OR CAUSE INTERFERENCE OR INTIMIDATION. 163.235 JOSTLING. A HORSE OR JOCKEY MAY NOT WILLFULLY JOSTLE ANOTHER HORSE. 163.471(A) WHENEVER THE COMMISSION, STEWARDS, STARTER OR AN AUTHORIZED OFFICIAL ACTING UNDER THIS CHAPTER, FINDS A PERSON OR LICENSEE GUILTY OF AN ACT OR OMISSION IN VIOLATION OF EITHER THE LETTER OR SPIRIT OF THIS CHAPTER
Name: NICHOLAS A SPERANZA Ruling Date: 5/9/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18125PN Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/9/2018 Suspension End:
Ruling Text: Has acted to the detriment of racing. OWNER/STABLE EMPLOYEE NICHOLAS A. SPERANZA , WAS TO DROP OFF MONEY AT THE PENN NATIONAL BOOKKEEPERS'S OFFICE ON MAY 5TH, 2018, . HAVING FAILED TO DO SO,, THE OWNER/STABLE EMPLOYEE LICENSES OF NICHOLAS A. SPERANZA IS HEREBY SUSPENDED EFFECTIVE MAY 9 , 2018 PENDING APPEARANCE BEFORE THE BOARD OF STEWARDS
Name: HEROLD O WHYLIE Ruling Date: 5/6/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 18059PP Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Late or failure to have horses in paddock. OWNER/TRAINER HEROLD O. WHYLIE, d.b.a.EMERALD RACING STABLE,LLC. IS HEREBY FINED TWO HUNDRED DOLLARS ($200.00) FOR BEING LATE TO THE PADDOCK WITH THE HORSE "I'M TRULY BLESSED" IN RACE #1 ON MAY 5,2018 IN VIOLATION OF PA. CODE, TITLE 58, SECTION 165.216. 165.216 IF A LICENSEE SHALL...DELIVER A HORSE LATE TO THE PADDOCK...THE STEWARDS OR THE COMMISSION MAY ENTER A FINE ONLY PRIOR TO THE HOLDING OF A HEARING UPON RECEIPT OF CREDIBLE EVIDENCE INDICATING THE ACT...IF THE LICENSEE DESIRES TO APPEAL A FINE, HE SHALL, ON TIMELY COMPLIANCE WITH THIS CHAPTER, BE ENTITLED TO A HEARING DE NOVO... FINE IS DUE BY MAY 16,2018 IF FINE IS NOT PAID, SUSPENSION BEGINS MAY 17.2018 FINES ARE PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA. HORSE RACING COMMISION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS...AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: JOSE FRANCI ROJAS SANTOS Ruling Date: 5/11/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18129PN Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/13/2018 Suspension End: 5/22/2018
Ruling Text: Careless Riding. JOCKEY JOSE FRANCI ROJAS SANTO IS HEREBY SUSPENDED TEN (10) CALENDAR DAYS COMMENCING MAY 13, 2018 THROUGH AND INCLUDING MAY 22, 2018 FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE; ALLOWING HIS MOUNT # 3 MY BOY TOY TO CAUSE AN INTERFERENCE TO #4 JAMES P, AND #5 RAINING THREES, AS THEY WERE LEAVING THE GATE, AND FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE; ALLOWING HIS MOUNT # 3 MY BOY TOY TO CAUSE AN INTERFERENCE TO #4, JAMES P NEAR 3/8 POLE AND DOWN THE STRETCH RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM 1ST POSITION TO 3RD IN THE 5TH RACE, MAY 5, 2018, IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.234, 163.235 AND 163.471(A). JOSE FRANCI ROJAS SANTO IS ALLOWED ON THE GROUNDS DURING THIS RIDING SUSPENSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214. \
Name: INOEL BEATO Ruling Date: 5/11/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18130PN Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/12/2018 Suspension End: 5/17/2018
Ruling Text: Careless Riding. JOCKEY INOEL BEATO IS HEREBY SUSPENDED FIVE (5) CALANDER DAYS COMMENCING MAY 12, 2018 AND MAY 14, THROUGH AND INCLUDING MAY 17, 2018 FOR FAILURE TO MAKE THE PROPER EFFORT TO MAINTAIN A STRAIGHT COURSE; ALLOWING HIS MOUNT # 4 MAGRITTE TO CAUSE AN INTERFERENCE TO # 6 BLUE MARAUDER HAVING CAME OUT INTO #6 BLUE MARAUDER NEAR 3/8 POLE RESULTING IN THE DISQUALIFICATION OF HIS MOUNT FROM 2ND POSITION TO 5TH POSITION IN THE 4TH RACE, MAY 4TH, 2018, IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.234, 163.235 AND 163.471(A). IS ALLOWED ON THE GROUNDS DURING THIS RIDING SUSPENSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: EMILIO CADENA Ruling Date: 5/4/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-24 Ruling Type: Failure to Meet Financial Obligation
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/4/2018 Suspension End:
Ruling Text: Trainer Emilio Cadena III having been duly notified and having a telephonic hearing before the Board of Stewards on May 4th, 2018, at Sunray Park Racetrack concerning an outstanding financial obligation (court judgment) to Janes Gubanski in the amount of $1,926.30 plus 8.75% interest for services rendered.

The Board of Stewards order that any/all New Mexico Racing Commission licenses issued to Emilio Cadena III be immediately suspended starting March 4th, 2017 and that he be deemed ineligible for any future licensing in New Mexico until such time that full payment is made to Janes Gubanski in the amount of $1,926.30 plus 8.75% interest for services rendered. .

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

This ruling in written in accordance with: 16.47.1.8 (L)(1)(i) – CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: Benjamin R. Wilbanks Ruling Date: 5/7/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22739 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol 194.1pg/mi in post-race urine sample LD43520 taken from “Dashing Affluential”, winner of race 3, March 17, 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 Benjamin Wilbanks is hereby fined the sum of $1000. “Dashing Affluential”is disqualified and declared unplaced and the purse ordered redistributed.
Name: HUGO RODRIGUEZ Ruling Date: 4/30/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5188 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer, Hugo Rodriguez, having been duly noticed, failed to appear for a formal hearing before the Sam Houston Race Park Board of Stewards on 04/28/18. Mr. Rodriguez is hereby fined in absentia five-hundred ($500.00) dollars and a redistribution of the purse is ordered. Mr. Rodriguez raced the horse, "SHABAN" the 2nd place finisher in the 5th race at Sam Houston Race Park on 03/13/18. A post race serum sample, labeled SH064935, collected from this horse indicated the presence of a Phenylbutazone overage concentration at 8.6 +/- 0.4mg/ml. (1st violation of 5.0 mg/ml or over within the past 365 day period).

The horse "SHABAN" is hereby disqualified, declared unplaced, and the purse is ordered redistributed in Race 5 at Sam Houston Race Park on 3/13/18, in accordance with the following official order of finish: Race 5 on 03/13/18

1st: SAMICEAN 2nd: PRIEST N THE RABBI 2nd VANDERBOOM RIDGE 4th: KEEP GUESSING 5th: CHARLIE'S AFFAIR 6th: K KASH 7th: CAPTAIN PAYBACK 8th: DAVE HOEGHT 9th: COMMANDER SPORT

Unplaced: SHABAN

Name: ANTHONY F MONTOYA Ruling Date: 4/28/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-13 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer:, Anthony Montoya, having appeared before the Board of Stewards on April 28, 2018 at SunRay Park Racetrack, for failing to disclose arrest history on his licensing application. Anthony Montoya waived his right to a hearing.

Licensee is found to be in violation of: 16.47.1.8(L)(1)(F) 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 has been found to have made false or misleading statements to the commission, stewards, or any racing official

For this violation, the Board of Stewards assess Anthony Montoya a fine in the amount of One Hundred Dollars ($100.00). The fine is to be paid on or before May 28, 2018 in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension

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

Name: ERNESTO M PAKACIO Ruling Date: 4/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-10 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner:, Ernesto M. Palacio, having appeared telephonically before the Board of Stewards on April 27, 2018 at SunRay Park Racetrack, for failing to disclose arrest history on his licensing application. Ernesto M. Palacio waived his right to a hearing.

For this violation, the Board of Stewards assess Ernesto M. Palacio a fine in the amount of One Hundred Dollars ($100.00). The fine is to be paid on or before May 27, 2018 in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension

Licensee is found to be in violation of: 16.47.1.8 (L)(1) GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE. 16.47.1.8(L)(1)(F) 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 has been found to have made false or misleading statements to the commission, stewards, or any racing official

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

Name: RODDINA JANA FABER Ruling Date: 4/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-11 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Pari-Mutuel Employee: Roddina J. Faber, having appeared before the Board of Stewards April 27, 2018, for her failure to disclose her arrest history on her license application dated March 30, 2018.

After hearing the testimony and evidence presented the Board of Stewards hereby issue a warning letter to Roddina J. Faber and advised her to disclose her full arrest record on any future licensing applications.

Licensee is found to be in violation of: 16.47.1.8 (L)(1) GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE. 16.47.1.8(L)(1)(F) 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 has been found to have made false or misleading statements to the commission, stewards, or any racing official

This ruling is written in accordance with: 16.47.1.8 (L)(1)(i) – CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: LANNY DON KEITH Ruling Date: 4/30/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22725 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol 407.3pg/mi in post-race urine sample LD43491 taken from “Ainsleys Rocket”, winner of race 5, 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 Lanny Keith is hereby fined the sum of $1000. “Ainsleys Rocket” is disqualified and declared unplaced and the purse ordered redistributed.
Name: LANNY DON KEITH Ruling Date: 4/30/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22728 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol366.3pg/mi in post-race urine sample LD43523 taken from “Tf Racee Runaway”, winner of race 6, March 17, 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 Lanny Keith is hereby fined the sum of $1000. “Tf Racee Runaway” is disqualified and declared unplaced and the purse ordered redistributed.
Name: LANNY DON KEITH Ruling Date: 4/30/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22726 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol237.1pg/mi in post-race urine sample LD43502 taken from “Ms Blue Slew”, winner of race 5, March 13, 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 Lanny Keith is hereby fined the sum of $1000. “Ms Blue Slew” is disqualified and declared unplaced and the purse ordered redistributed.
Name: Alexander A Hall Ruling Date: 4/25/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Derby Lane
Ruling Number: 2018-DBL-3 Ruling Type: Medication/Drug Violation - Animal
Breed: Greyhound Division: Dog
Fine Amount: $ 450 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2018021444 - F.S. 550.2415 violation = Dimethylsulfoxide
Name: NORMAND G DESSUREAULT Ruling Date: 4/25/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Pompano Park
Ruling Number: 2018-PPI-2 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2018018269 - F.S. 550.2415 violation = Flunixin
Name: NICOLE MARIE SMITH Ruling Date: 5/11/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18128PN Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Possession of firearms. BEING IN POSSESSION OF A FIREARM ON THE GROUNDS OF PENN NATIONAL RACE COURSE ON APRIL 24,2018. VETERINARIAN NICOLE MARIE SMITH IS HEREBY FINED ONE HUNDRED DOLLARS ($100.00) IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.6 (C) AND 163.9 AND 2017 HORSEMENS GUIDE PERSONAL CONDUCT RULE. 163.6(C) THE STEWARDS MAY FINE, SUSPEND, OR RULE OFF A PERSON WHO, IN THEIR OPINION, HAS ACTED TO THE DETRIMENT OF RACING OR VIOLATED THE RULES. 163.9 POSSESSION OF FIREARMS. A LICENSEE, EMPLOYEE OF THE ASSOCIATION OR ITS CONCESSIONAIRES MAY NOT POSSESS A FIREARM WITHIN THE ENCLOSURE UNLESS HE HAS OBTAINED A VALID PERMIT FOR THE FIREARM FROM THE APPROPRIATE POLICE AUTHORITY AND UNLESS THE FIREARM IS REGISTERED IN WRITING WITH THE COMMISSION SECURITY OFFICE AT THE TRACK AND THE DIRECTOR OF SECURITY OF THE ASSOCIATION. PERSONAL CONDUCT. NO FIREARMS, EXPLOSIVE MATERIALS, FIREWORKS, AMMUNITION, AND/OR ANY OTHER TYPE OF WEAPONS ARE PERMITTED IN THE HCPNRC STABLE AREA AT ANY TIME. YOU ARE HEREBY FINED THE SUM OF THREE HUNDRED DOLLARS ($300.00). FINE DUE , 2018. IF FINE IS NOT PAID, SUSPENSION BEGINS , 2018. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: WILLIAM SHADRICK SEATON Ruling Date: 4/20/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-037 Ruling Type: Employment Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: ASSISTANT RACING OFFICIALWILLIAM SHAD SEATON PLED "NO CONTEST" FOR FAILING TO OBTAIN HIS EXERCISE RIDERS LICENSE ON 3/26/2018 PRIOR TO WORKING IN HIS VOCATION WITHIN THE ENCLOSURE OF WRD. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. SEATON BE FINED $100.00.
Name: JOSEPH MICHAEL DAVIS Ruling Date: 4/27/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22706 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol (345pg/mi) reported in post-race sample LD43495 taken from “Pieper”, winner of race 8, March 12, 2018, at Louisiana Downs. Trainer waived his right to testing of the split portion of this sample  and his right to a formal steward’s hearing. The stewards concluded that the sample contained Clenbuterol. Trainer Joseph M. davis is hereby fined the sum of $1000. “Pieper” is disqualified and declared unplaced and the purse ordered redistributed.
Name: JOSEPH MICHAEL DAVIS Ruling Date: 4/30/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22701 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol 668.1pg/mi in post-race urine sample LD43515 taken from “Run Fire”, winner of race 6, March 14, 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 Joseph M Davis is hereby fined the sum of $1000. “Run Fire” is disqualified and declared unplaced and the purse ordered redistributed.
Name: Arturo Garcia-Archundia Ruling Date: 4/19/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5155 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner-Trainer Arturo Garcia-Archundia having been duly noticed telephonically waived his right to a formal hearing and his right to appeal on 04/12/18. Mr. Garcia is hereby fined one hundred ($100) dollars because he was found in possession of contraband, an unlabeled bottle of Phenylbutazone medication and a syringe without the needle during a gate inspection at Sam Houston Race Park on 04/06/18.

1st violation in this category in the previous 365 days.

Name: EUSEBIO V SANCHEZ Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-249 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Eusebio V. Sanchez was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on April 13, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Taleas Pride” (Test Sample #: NM29819), who finished 2nd place in the 8th race on January 5, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018. Gerardo Ochoa, the trainer of record for horse “Taleas Pride”, was duly notified and represented by attorney Daniel Marquez for this hearing. This is Gerardo Ochoa’s THIRD Class 3B medication violation in a lifetime. For Eusebio V. Sanchez’s FOURTH Class 3B medication violation in a lifetime, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A ($5,000.00) five thousand dollar fine to paid on or before May 13, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Taleas Pride” is placed on the Stewards list for a period of 60 days (beginning January 20, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “Taleas Pride” is hereby disqualified from SECOND PLACE and ordered unplaced from the 8th race on January 5, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

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

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

By Order of The Sunland Park Stewards

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

Name: JORGE EDUARDO LOPEZ Ruling Date: 4/14/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5156 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner - Trainer Jorge Lopez was duly noticed and waived his right to a formal hearing before the Sam Houston Race Park Board of Stewards and his right to appeal on 4/12/18.

Mr. Lopez appeared telephonically for an informal hearing. Present were the Sam Houston Race Park Board of Stewards and Director of Investigation for the Texas Racing Commission, Jim Blodgett. After hearing testimony from Mr. Lopez and consulting with Mr. Blodgett, the Board of Stewards hereby dismisses the ticket written against Mr. Lopez.

Mr. Lopez was issued a verbal warning to proceed with more caution in the future.

Name: MATTHEW A MUZIKAR Ruling Date: 4/8/2018
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #18-0046 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Agent: Matthew A. Muzikar (D.O.B. 7/2/1969)

After waiving your right to a formal hearing before the Board of Stewards you are hereby fined ONE THOUSAND ($1,000.00) DOLLARS for failure to honor the call on California Night in the Blue Grass on April 7, 2018. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).

810 KAR 1:009 Section 7 (1)(2) 810 KAR 1:010 Section 5

By Order of the Stewards

Name: Alexander A Hall Ruling Date: 4/2/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Derby Lane
Ruling Number: 2018-DBL-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 # 2018014024 - F.S. 550.2415 violation = Dimethylsulfoxide
Name: LUIS M RAMIREZ Ruling Date: 4/2/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park
Ruling Number: 2018-GP-28 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2018010310 - F.S. 550.2415 violation = Omeprazole Sulfide
Name: RAUL VELARDE VEGA Ruling Date: 4/1/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-211 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/28/2018 Suspension End: 1/25/2019
Ruling Text: Trainer Raul Vega, was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on April 1, 2018, for a hearing that was continued from January 21, 2018. The hearing was in regard to an certificate of analysis from UC/Davis (official testing laboratory for the NMRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “First Fancy Tac(test sample #NC26354) during Out Of Competition Testing on February 6, 2017, at Sunland Park Racetrack in Sunland Park NM . Clebuterol was confirmed in the Split Sample sent to Industrial Laboratories on May 4, 2017.

Juan Poblano, the owner of record for horse “First Fancy Tac”, was duly notified and failed to appear for this hearing. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, this is Juan Poblano’s FIFTH class 3B medication violation in a lifetime. For Raul Vega’s FOURTH Class 3B medication violation in a lifetime, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards issue a penalty as follows.

    1. A 6 month suspension of all NMRC licenses to run consecutively from ruling 2018-SUN-40 July 28, 2018, through January 24, 2019, inclusive.
    2. ($2,500) two thousand and five hundred dollar fine to paid on or before May 3, 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 Raul Vega is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Raul Vega are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned by, trained by, or in the care and custody of Raul Vega must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(3)(7)(c)(8) Medication Restrictions/ 15.2.6.9(J)(2)(d)(3) Out of Competition Testing/ 16.47.1.8(L)(i)(T)Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license/ 15.2.6.10(B)(1)(2) Absolute insurer/ 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: RAUL VELARDE VEGA Ruling Date: 4/11/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-211-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/28/2018 Suspension End: 1/25/2019
Ruling Text: RE: 2018-SUN-211 - Appeal Submitted
Name: LINDA SUE KREISER Ruling Date: 5/11/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18126PN Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Falsification of Application. TRACK EMPLOYEE LINDA SUE KRIESER IS HEREBY FINED FIFTY DOLLARS ($50.00) FOR HAVING A FALSIFIED APPLICATION (ARREST RECORD). FINE DUE MAY 22, 2018. IF FINE IS NOT PAID, SUSPENSION BEGINS JUNE 2, 2018. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: WIGBERTO VELEZ - REYES Ruling Date: 5/11/2018
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 18127PN Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: General Ruling. AFTER AN INTERVIEW WITH PENNSYLVANIA RACING COMMISSION INVESTIGATORS, STABLE EMPLOYEE, WIGNERTO VELEZ-REYES WAS ASKED TO SUBMIT A ROUTINE URINALYSIS. SAID URINALYSIS READ AND CONFIRMED TO BE POSITIVE FOR THC WHICH IS IN VIOLATION OF PA. CODE, TITLE 58, SECTION 163.8. THE STABLE EMPLOYEE LICENSE OF WIGBERTO VELEZ-REYES. IS HEREBY SUSPENDED FOR A MINIMUM THIRTY DAYS (30) EFFECTIVE MAY 25, 2018 PENDING COMPLETION OF PROFESSIONAL EVALUATION FOR CHEMICAL DEPENDENCY AND PROVIDING A NEGATIVE URINALYSIS. DURING THIS SUSPENSION, WIGBERTO VELEZ. REYES IS DENIED ACCESS TO ALL GROUNDS UNDER THE JURISDICTION OF PENNSYLVANIA STATE HORSE RACING COMMISSSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 58 PA. CODE, SECTION 163.481. APPEALS MUST BE PERFECTED AS REQUIRED IN 58 PA. CODE, SECTION 165.214.
Name: LANNY DON KEITH Ruling Date: 4/3/2018
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22661 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol (462pg/mi in Urine ) reported in post-race sample LD43376 taken from “A Regal Patriot”, winner of race 5, March 4, 2018, 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 Lanny Keith is hereby fined the sum of $1000. “A Regal Patriot” is disqualified and declared unplaced and the purse ordered redistributed.
Name: LANNY DON KEITH Ruling Date: 4/3/2018
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22653 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol (384pg/mi in Urine  reported in post-race sample LD43371 taken from “TF Lil Black Runaway”, winner of race 10, February 24, 2018,  The Mardi Gras Futurity Trial, at Louisiana Downs. Trainer declined his right to have the split portion tested and waived his right to a formal steward’s hearing. "TF Lil Black Runaway"is deemed to have forfeited its right to run in the final. The stewards concluded that the sample contained Clenbuterol. Trainer Lanny Keith is hereby fined the sum of $1000. “Tf Lil Black Runaway” is disqualified and declared unplaced and the purse ordered redistributed.
Name: EMILIO CADENA Ruling Date: 3/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-186 Ruling Type: Employment Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Emilio Cadena III was waived his rights to a 10 day notice and formal hearing before the Board of Stewards on March 18, 2018, for working unlicensed help on March 18, 2018, at Sunland Park Racetrack.

The Board of Stewards hereby fines Emilio Cadena III in the amount of two hundred dollars ($200). The fine is to be paid on or before April 20, 2018, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay this fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with: 16.47.1.8 (G)(1) Which states in pertinent part “The employment of any unlicensed person under the jurisdiction of the Commission is prohibited”.

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

Name: JOSE ROBERTO GONZALEZ Ruling Date: 3/14/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-5 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Commission remanded Case for Sample #NM24402 on February 16, 2018. Please see D&O in documents.
Name: VICTOR DIAZ Ruling Date: 3/24/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-162-RES Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-162 - Ruling Rescinded 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. Ruling issued in error per Investigator Ryan, having failed to properly notice licensee.
Name: VICTOR DIAZ Ruling Date: 3/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-162 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 Victor Diaz was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on 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.

Martin Orona Jr., the trainer of horse “Watch For Corona”, 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. This is Martin Orona Jr.’s THIRD Class 3B medication in a 365-day period, in accordance with 15.2.6.9 (B)(2) Penalty Recommendations.

For Victor Diaz’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 ($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.
    2. The horse “Watch For Corona” is hereby disqualified from THIRD PLACE and ordered unplaced from 3rd race on June 13, 2015, at the Downs of Albuquerque Racetrack for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Mess Can
                2. Bederinas Miracle Rf
                3. Lady Secret Sash
                4. First Full Pocket
                5. La Esrella de Oro
                6. Tyebo
                7. BI Corona
Unplaced “Watch For Corona” Unplaced “CD Tight Rope” (ruling 2015-RUI-177) Unplaced “Mr. Mo Runaway” (ruling 2015-ZIA-169)

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 /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: JUSTIN EVANS Ruling Date: 3/9/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-151 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 3/14/2018 Suspension End: 4/13/2018
Ruling Text: Owner/Authorized Agent/Trainer Justin Evans was duly notified and represented telephonically by his attorney Gene Chavez before the Board of Stewards on March 9, 2018, for a hearing that was continued at the request of Gene Chavez from February 10, 2018 to February 25, 2018 and then continued again to March 9, 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 NM30226. The test sample was taken from the first place finisher Dapirate” following the 8th race on November 26, 2017, at Zia Park Racetrack in Hobbs, NM.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 47 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Dexamethasone was confirmed at 59.1±3.1 pg/ml in the blood of the split sample sent to Industrial Laboratories on January 4, 2018.

Larry Nichols, Denise Nichols, and Ms. Winifred Vick (trustee Robert Vick), the owners of record for horse “Dapirate”, were duly notified for a hearing on February 25, 2018. Denise Nichols, failed to appear, and had her hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance. Larry Nichols and Ms. Winifred Vick (trustee Robert Vick) waived their rights to a formal hearing. This is their first Class 4C MAJOR medication violation in a 365 day period, in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS

For Justin Evans’s THIRD 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 ($2,500) two thousand and five hundred dollar fine to paid on or before April 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
        2. A 30 day suspension of all NMRC licenses starting March 16, 2018, through April 14, 2018, inclusive.
15.2.6.9A(12)(a)(b) Medication and Prohibited Substances -Procedures shall be established to ensure that a licensed trainer is not able to benefit financially during the period for which the individual has been suspended. This includes, but is not limited to, ensuring that horses are not transferred to a licensed person within the first degree of affinity (marriage relationship) or first degree of consanguinity (blood relationship): (a) first degree of affinity shall mean the licensee’s spouse or spouse’s mother, father, brother, sister, son or daughter; (b) first degree of consanguinity shall mean the licensee’s mother, father, brother, sister, son or daughter 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION The transfer of a horse to avoid application of a commission rule or ruling is prohibited. During said time of applicable suspension Justin Evans 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 Justin Evans are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).Licensee is found to be in violation of 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 Trainer Responsibility/16.47.1.10(B)(1): Absolute Insurer /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: JUSTIN EVANS Ruling Date: 3/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-151-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 3/14/2018 Suspension End: 4/13/2018
Ruling Text: RE: 2018-SUN-151 - Modified Ruling15.2.3.8(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. SUSPENSION DATES CORRECTED Owner/Authorized Agent/Trainer Justin Evans was duly notified and represented telephonically by his attorney Gene Chavez before the Board of Stewards on March 9, 2018, for a hearing that was continued at the request of Gene Chavez from February 10, 2018 to February 25, 2018 and then continued again to March 9, 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 NM30226. The test sample was taken from the first place finisher Dapirate” following the 8th race on November 26, 2017, at Zia Park Racetrack in Hobbs, NM.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 47 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Dexamethasone was confirmed at 59.1±3.1 pg/ml in the blood of the split sample sent to Industrial Laboratories on January 4, 2018.

Larry Nichols, Denise Nichols, and Ms. Winifred Vick (trustee Robert Vick), the owners of record for horse “Dapirate”, were duly notified for a hearing on February 25, 2018. Denise Nichols, failed to appear, and had her hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance. Larry Nichols and Ms. Winifred Vick (trustee Robert Vick) waived their rights to a formal hearing. This is their first Class 4C MAJOR medication violation in a 365 day period, in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS

For Justin Evans’s THIRD 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 ($2,500) two thousand and five hundred dollar fine to paid on or before April 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
        2. A 30 day suspension of all NMRC licenses starting March 14, 2018, through April 12, 2018, inclusive.
15.2.6.9A(12)(a)(b) Medication and Prohibited Substances -Procedures shall be established to ensure that a licensed trainer is not able to benefit financially during the period for which the individual has been suspended. This includes, but is not limited to, ensuring that horses are not transferred to a licensed person within the first degree of affinity (marriage relationship) or first degree of consanguinity (blood relationship): (a) first degree of affinity shall mean the licensee’s spouse or spouse’s mother, father, brother, sister, son or daughter; (b) first degree of consanguinity shall mean the licensee’s mother, father, brother, sister, son or daughter 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION The transfer of a horse to avoid application of a commission rule or ruling is prohibited. During said time of applicable suspension Justin Evans 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 Justin Evans are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).Licensee is found to be in violation of 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 Trainer Responsibility/16.47.1.10(B)(1): Absolute Insurer /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: DENISE M NICHOLS Ruling Date: 3/2/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-126 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners Larry Nichols, Denise Nichols, and Ms. Winifred Vick (trustee Robert Vick) were duly notified for a hearing before the Board of Stewards on February 25, 2018. Denise Nichols, failed to appear, and had her hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance. Larry Nichols and Ms. Winifred Vick (trustee Robert Vick) waived their rights to a formal hearing. 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 NM30226. The test sample was taken from the first place finisher Dapirate” following the 8th race on November 26, 2017, at Zia Park Racetrack in Hobbs, NM.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 47 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Dexamethasone was confirmed at 59.1±3.1 pg/ml in the blood of the split sample sent to Industrial Laboratories on January 4, 2018.

Justin Evans, the trainer of record for horse “Dapirate”, was duly notified for a hearing on February 25, 2018. The attorney for Justin Evans, Gene Chavez, requested a continuance and the hearing was re-scheduled for March 9, 2018.

For Larry Nichols, Denise Nichols, and Ms. Winifred Vick (trustee Robert Vick)’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. The horse “Dapirate” must pass a commission approved veterinary examination before being eligible to enter.

Licensee is found to be in violation of: 15.2.6.9(C)(1) : Prima Facie Evidence /16.47.1.8 (U)(1) PROTECTION OF HORSES /15.2.6.9 Attachment 2, Page 3 Threshold limit for Dexamethasone 5 pg/ml in the blood 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: EARL DEAN ARMSTRONG Ruling Date: 3/2/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-123 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 3/6/2018 Suspension End: 4/5/2018
Ruling Text: Trainer Earl Armstrong was duly notified and waived his right to a formal hearing before the Board of Stewards on February 24, 2018. The hearing was in regard to an affidavit 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 “Valiant Force” (Test Sample #: NM29597), who finished 1st place in the 2nd race on December 9, 2017, at Zia Park Racetrack in Hobbs, NM. Clenbuterol was confirmed in the split sample sent to TVMDL on January 24, 2018.

Jaime Bujanda-Payan, the owner of record for horse “Valiant Force”, was duly notified and failed to appear for this hearing. This is Jaime Bujanda-Payan’s SECOND Class 3B medication violation in a lifetime.

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

    1. A 30 day suspension of all NMRC licenses starting March 6, 2018, through April 4, 2018 inclusive.
    2. A ($750.00) seven hundred and fifty dollar fine to paid on or before April 2, 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, Earl Armstrong is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21) Exclusion. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of , Earl Armstrong 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 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: TRACY LEE SLATEN Ruling Date: 4/7/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-120-FO Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/25/2018 Suspension End: 5/26/2018
Ruling Text: RE: 2018-SUN-120 - Ruling Final Outcome Pony Person TRACY LEE SLATEN, (currently summarily suspended) was duly notified and appeared for a hearing before the Board of Stewards on April 6, 2018. The hearing was in regard to TRACY LEE SLATEN refusing to submit to a drug test as requested by Stewards on February 25, 2018.

For this fourth human medication violation in a 365-day period, the Board of Stewards hereby suspends all NMRC licenses belonging to TRACY LEE SLATEN for a period of 90 days, February 25, 2018 through May 25, 2018 (retroactive from the summary suspension issued on February 25, 2018.)

During said time of applicable suspension TRACY LEE SLATEN is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, per15.2.1.9 (C)(21)(a-b) Exclusion.

Licensee is found in violation of and this ruling is written in accordance with: .47.1.18 (C) ASSESSMENT/TREATMENT REQUIREMENTS GENERAL SECOND-TIME OFFENDERS 16.47.1.17 (C)(6) Human Drug Testing/ Restricted Activities It shall be an offense to exercise the privileges granted by a license from this commission if the licensee: refuses to submit to urine or drug testing, when notified that such testing is based on a random drug testing procedure, is based on reasonable suspicion that the person is using drugs or alcohol or is based on the licensee's acting as if in an impaired condition. 16.47.1.8 (L)(1)(i) – Conduct Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.3.8 B (3)(A) Stewards Disciplinary Action stewards shall take notice of alleged misconduct or rule violations and initiate investigations into the matters. The stewards shall have authority to charge any licensee for a violation of these rules, to conduct hearings and to impose disciplinary action in accordance with these rules. 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: TRACY LEE SLATEN Ruling Date: 3/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-120-CC Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/25/2018 Suspension End: 5/26/2018
Ruling Text: RE: 2018-SUN-120 - Case Continued Pony Person TRACY LEE SLATEN, shall remain summary suspended, having failed to appear for his summary suspension hearing on March 2, 2018, in accordance with 15.2.1.9(B)(4)(d)non-appearance. Per 15.2.1.9 (C)(21)(a-b) Exclusion, TRACY LEE SLATEN is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC.

Licensee is found 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”. 15.2.1.9 (B)(3)(b) Summary Suspension 15.2.3.8 B (3)(f) Stewards Disciplinary Action 16.47.1.8 (L)(1)(i) – Conduct Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.3.8 B (3)(A) Stewards Disciplinary Action stewards shall take notice of alleged misconduct or rule violations and initiate investigations into the matters. The stewards shall have authority to charge any licensee for a violation of these rules, to conduct hearings and to impose disciplinary action in accordance with these rules. 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: TRACY LEE SLATEN Ruling Date: 2/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-120 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/25/2018 Suspension End: 5/26/2018
Ruling Text: Pony Person TRACY LEE SLATEN, is hereby summarily suspended, effective immediately February 25, 2018, pending the outcome of his hearing on March 2, 2018, @ 9:00a.m in the offices of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Drive Sunland Park, New Mexico 88063) per 15.2.1.9 (B)(3)(b) Summary Suspension. TRACY LEE SLATEN refused to submit to a drug test as requested by Stewards on February 25, 2018.

During said time of applicable suspension TRACY LEE SLATEN is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, per15.2.1.9 (C)(21)(a-b) Exclusion.

Licensee is found 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”. 16.47.1.17 (C)(6) Human Drug Testing/ Restricted Activities It shall be an offense to exercise the privileges granted by a license from this commission if the licensee: refuses to submit to urine or drug testing, when notified that such testing is based on a random drug testing procedure, is based on reasonable suspicion that the person is using drugs or alcohol or is based on the licensee's acting as if in an impaired condition. 16.47.1.8 (L)(1)(i) – Conduct Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.3.8 B (3)(A) Stewards Disciplinary Action stewards shall take notice of alleged misconduct or rule violations and initiate investigations into the matters. The stewards shall have authority to charge any licensee for a violation of these rules, to conduct hearings and to impose disciplinary action in accordance with these rules. 15.2.1.9 (B)(3)(b) Summary Suspension 15.2.3.8 B (3)(f) Stewards Disciplinary Action 16.47.1.8. T. KNOWLEDGE OF RULES 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: EUGENE FRANCO METHOLA Ruling Date: 2/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-107 Ruling Type: Financial Obligation/Restoration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/20/2018 Suspension End:
Ruling Text: Trainer Eugene Methola was duly notified and responded telephonically before the Board of Stewards on February 20, 2018, at Sunland Park Racetrack. The hearing was in regard to a financial obligation to Ruidoso Select Yearling Sales in the amount of $8,490.91.

The Board of Stewards order that any/all New Mexico Racing Commission licenses issued to Eugene Methola be immediately suspended, starting February 20, 2018, and that he be deemed ineligible for any future licensing in New Mexico until such time that full payment is made to Ruidoso Select Yearling Sales in the amount of $8,490.91.

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

16.47.1.8 L (1)(J) NMAC: Grounds For Refusal, Denial, Suspension, or Revocation of License 16.47.1.8 (I): Financial Responsibility

16.47.1.8 (L)(1)(i) – CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to 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: OSCAR MANUEL MORALES Ruling Date: 2/20/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-2 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 2/19/2018 Suspension End: 2/19/2019
Ruling Text:

BEFORE THE RACING COMMISSION
STATE OF NEW MEXICO

IN THE MATTER OF: TRAINER OSCAR MORALES ID#8404 OWNER EBELYN ROJAS ID#32239 FOR POSITIVE SAMPLE #NM24218 HORSE “HEART ME A CORONA,” Respondents.

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on January 18, 2018, on review of the hearing officer’s report regarding the above named Trainer and Owner; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, the Commission has subject matter jurisdiction over this action and personal jurisdiction over Appellant; 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 with additional conditions the Hearing Officer’s Report, Findings of Fact and Conclusions of Law, Recommended Penalties and Recommended Ruling on Motion to Dismiss incorporated herein by reference; WHEREAS, the Commission finds that Trainer’s actions constitute a violation of New Mexico Racing Commission Rules; WHEREAS the Commission finds there to be sufficient evidence to support the findings of violations on behalf of Trainer and Owner; WHEREAS the Commission voted unanimously to adopt the recommendations of the Hearing Officer, incorporated herein, and incorporating additional conditions. IT IS THEREFORE ORDERED Respondents Motion to Dismiss is hereby denied; and as to Trainer Oscar Morales offense Sample No. NM24218 pertaining to horse “Heart Me A Corona,” Trainer Morales 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, Trainer, the Owner, and the horse “Heart Me A Corona,” shall be assessed penalties as follows with conditions as follows: Oscar Morales as Trainer

      1. A one-year suspension;
      2. A fine of twenty-five thousand dollars ($25,000.00).
      3. Once eligible, Trainer Oscar Morales must retake and pass the trainer’s test prior to the one (1) year suspension of his license being lifted and must request to be placed on the agenda to come before the Racing Commission before his license can be reinstated; and
      4. Oscar Morales is not allowed on the grounds of the Association under the jurisdiction of the New Mexico Racing Commission during his suspension;
Ebelyn Rojas as Owner V. For the offense of the positive test of Zilpaterol Sample No. NM24218 pertaining to horse “Heart Me A Corona” which placed 2nd in the 6th race at the Zia Park Race Track on October 9, 2016 the penalty imposed shall be disqualification; VI. Loss of purse; and VII. “Heart Me A Corona” shall be placed on the veterinarian’s list for ninety (90) days and must pass a Commission-approved examination before becoming eligible to be entered in any race which is governed by the New Mexico Racing Commission This Decision and Order shall be served upon Trainer Oscar Morales and Owner Ebelyn Rojas. This Order will take effect on the date of filing. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA within 30 days of the date that this Order was signed by the Commission. IT IS SO ORDERED.
Name: OMAR SEPULVEDA Ruling Date: 2/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-97 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 Omar Sepulveda 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, for a hearing before the Board of Stewards on February 17, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” and the therapeutic drug Dexamethasone (class 4 penalty category C drug) detected in the urine and blood of horse “Hide Your Krazy” (Test Sample #: NM29535), who finished 1st place in the 9th race on December 2, 2017, at Zia Park Racetrack in Hobbs, NM. Clenbuterol was confirmed in the split sample sent to TVMDL on January 9, 2018.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 33 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). The trainer, Jose Efren Meraz, declined to send a split sample for the Dexamethasone positive per 15.2.6.10 (D)Split Sample.

Jose Efren Meraz, the trainer of record for horse “Hide Your Krazy”, was duly notified and failed to appear for this hearing. This is Jose Efren Meraz’s THIRD Class 3B medication violation in a lifetime and FIRST Class 4C major medication is a 365-day period.

For Omar Sepulveda’s SECOND Class 3B medication violation in a lifetime and FIRST Class 4C major medication is 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. 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 “Hide Your Krazy” is placed on the Stewards list for a period of 60 days (beginning December 21, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Hide Your Krazy” is hereby disqualified from FIRST PLACE and ordered unplaced from the 9th race on December 2, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Sweet Super Woman
                2. Rc Runaway Lady
                3. Daddys Big Roll
                4. Pass the Cold Corona
                5. WhosYour Mami
                6. Eye Sea Hollywood
                7. Chasin Jessie
                8. Que Quela
Unplaced “Hide Your KrazyLicensee 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/ 15.2.6.9(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: CAROLINA GAYTAN Ruling Date: 2/16/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-6 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Commission remanded case for Positive samples NM21010, NM19092, NM19028, NM21275, NM21265 and NM21597. Please see D&O in documents.
Name: JESUS TORRES-CASAS Ruling Date: 2/14/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: TP17-18064 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 12/13/2017 Suspension End: 6/11/2018
Ruling Text: Assistant Trainer/Owner Jesus Torres-Casas (ADG #16251) is hereby suspended ONE HUNDRED AND EIGHTY days from December 13, 2017, through June 11, 2018, inclusive (credited for days served after being summarily suspended on December 13, 2017) and fined TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.) plus 5% to the Race Horse Adoption Fund surcharge for a total of TWO THOUSAND SIX HUNDRED AND TWENTY FIVE DOLLARS ($2,625).

Assistant Trainer/Owner Jesus Torres-Casas was summarily suspended and denied access to all grounds under the jurisdiction of the Arizona Department of Gaming on Wednesday December 13, 2017 pending a hearing on January 16, 2018 before the Board of Stewards.

The hearing scheduled for January 16, 2018 was re-scheduled to February 14, 2018.

At the hearing, the Board of Stewards found that Mr. Torres-Casas was in possession of a hypodermic needle and syringe on December 13, 2017, and he tested positive for Methamphetamines, Amphetamines and Opioids. Mr. Torres-Casas admitted that the syringe was used to administer substances to horses at the farm. The report from Industrial Laboratories reported the following contents: Codeine Flunixin Hydrocodone Hydromorphone Methamphetamine Morphine Papaverine

Based on these findings, Mr. Torres-Casas was determined by the Board of Stewards to be in violation of the racing rules and statutes, specifically for:

1. Conduct detrimental to the best interest of racing, and the safety, welfare, economy, health and peace of the people of the state; 2. Being in possession of a hypodermic needle and syringe; and 3. Having tested positive for the presence of Methamphetamines, Amphetamines, and Opioids in his blood;

which are violations pursuant to the following racing rules and statutes: A.A.C. R19-2-102(76), R19-2-106(C), R19-2-112(8), R19-2-112(12), R19-2-112(13), R19-2-120(A)(2)(c), R19-2-121(E)(2), R19-2-121(E)(3), R19-2-121(E)(6), R19-2-121(E)(7); A.R.S. §§ 5 104 (B)(C); A.R.S. §§ 5-108(A)(1).

Aggravating factors considered by the Board of Stewards were the contents of the syringe. Especially concerning were that the horses under Mr. Torres-Casas' care would have been exposed to the egregious number of substances found in the syringe. This concern, in addition to the number of substances for which Mr. Torres-Casas tested positive, led to the imposition of the maximum penalty.

During the term of his suspension Mr. Torres-Casas is denied access to all grounds under the jurisdiction of the Arizona Department of Racing. In addition, the respondent is required to provide a negative (human drug) test upon his return, and must be placed on a drug consent agreement upon his return.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by March 8, 2018, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning March 9, 2018 through and inclusive of September 4, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

Name: JESUS TORRES Ruling Date: 2/14/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP064 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2625 Fine Paid: N
Suspension Start: 12/13/2017 Suspension End: 6/11/2018
Ruling Text: Assistant Trainer/Owner Jesus Torres-Casas (ADG #16251) is hereby suspended ONE HUNDRED AND EIGHTY days from December 13, 2017, through June 11, 2018, inclusive (credited for days served after being summarily suspended on December 13, 2017) and fined TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.) plus 5% to the Race Horse Adoption Fund surcharge for a total of TWO THOUSAND SIX HUNDRED AND TWENTY FIVE DOLLARS ($2,625).

Assistant Trainer/Owner Jesus Torres-Casas was summarily suspended and denied access to all grounds under the jurisdiction of the Arizona Department of Gaming on Wednesday December 13, 2017 pending a hearing on January 16, 2018 before the Board of Stewards.

The hearing scheduled for January 16, 2018 was re-scheduled to February 14, 2018.

At the hearing, the Board of Stewards found that Mr. Torres-Casas was in possession of a hypodermic needle and syringe on December 13, 2017, and he tested positive for Methamphetamines, Amphetamines and Opioids. Mr. Torres-Casas admitted that the syringe was used to administer substances to horses at the farm. The report from Industrial Laboratories reported the following contents: Codeine Flunixin Hydrocodone Hydromorphone Methamphetamine Morphine Papaverine

Based on these findings, Mr. Torres-Casas was determined by the Board of Stewards to be in violation of the racing rules and statutes, specifically for:

1. Conduct detrimental to the best interest of racing, and the safety, welfare, economy, health and peace of the people of the state; 2. Being in possession of a hypodermic needle and syringe; and 3. Having tested positive for the presence of Methamphetamines, Amphetamines, and Opioids in his blood;

which are violations pursuant to the following racing rules and statutes: A.A.C. R19-2-102(76), R19-2-106(C), R19-2-112(8), R19-2-112(12), R19-2-112(13), R19-2-120(A)(2)(c), R19-2-121(E)(2), R19-2-121(E)(3), R19-2-121(E)(6), R19-2-121(E)(7); A.R.S. §§ 5 104 (B)(C); A.R.S. §§ 5-108(A)(1).

Aggravating factors considered by the Board of Stewards were the contents of the syringe. Especially concerning were that the horses under Mr. Torres-Casas' care would have been exposed to the egregious number of substances found in the syringe. This concern, in addition to the number of substances for which Mr. Torres-Casas tested positive, led to the imposition of the maximum penalty.

During the term of his suspension Mr. Torres-Casas is denied access to all grounds under the jurisdiction of the Arizona Department of Racing. In addition, the respondent is required to provide a negative (human drug) test upon his return, and must be placed on a drug consent agreement upon his return.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by March 8, 2018, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning March 9, 2018 through and inclusive of September 4, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

Name: JESUS TORRES Ruling Date: 5/23/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP064-FO Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2625 Fine Paid: N
Suspension Start: 12/13/2017 Suspension End: 6/11/2018
Ruling Text: RE: 17-18TP064 - Ruling Final Outcome
Name: BRAYAN A MARQUEZ Ruling Date: 1/30/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-67 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners Brayan A. Marquez and Astorga Racing (Hugo and Ivan Astorga) were duly notified, failed to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on January 28, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC for a confirmed positive for the therapeutic drugs, flunixin (class 4 penalty category C MINOR drug) and Dexamethasone (class 4 penalty category C MAJOR drug) found in test sample NM29548. The test sample was taken from the winnerBELLA FACCIA” following the 6th race, on December 3, 2017, at Zia Park Racetrack, in Hobbs, NM.

The affidavit from UC/Davis indicated a finding of flunixin at 56.2 nanograms per milliliter in the blood, which exceeds the allowable limit of 20 nanograms per milliliter in the blood. It also indicated a finding of Dexamethasone at 19 picograms per milliliter in the blood, which exceeds the allowable limit of 5 picograms per milliliter 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 the trainer Carlos Acosta Jr..

Carlos Acosta Jr., the trainer of record for horse “BELLA FACCIA”, was duly notified and responded telephonically this hearing. This is Carlos Acosta Jr.’s FIRST Class 4C MINOR and 4C MAJOR medication violations in a 365-day period.

For Brayan A. Marquez and Astorga Racing (Hugo and Ivan Astorga)’s FIRST Class 4C MINOR AND 4C MINOR medication violations in a 365-day period, the Board of Stewards assess a penalty as follows:

    1. The horse BELLA FACCIA must pass a commission-approved examination before being eligible to enter.

Licensee is found to be in violation of and his ruling is written in accordance with: 15.2.3.8.(B)(1)(3)(f)(G)(j) Stewards/ 15.2.6.9C)(4) Medication Restrictions/ 15.2.6.11(A) 15.2.6.9(B)(4)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: CARLOS H ACOSTA Ruling Date: 1/30/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-66 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Carlos Acosta Jr., was duly notified and appeared for a hearing before the Board of Stewards on January 28, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC for a confirmed positive for the therapeutic drugs, flunixin (class 4 penalty category C MINOR drug) and Dexamethasone (class 4 penalty category C MAJOR drug) found in test sample NM29548. The test sample was taken from the winnerBELLA FACCIA” following the 6th race, on December 3, 2017, at Zia Park Racetrack, in Hobbs, NM.

The affidavit from UC/Davis indicated a finding of flunixin at 56.2 nanograms per milliliter in the blood, which exceeds the allowable limit of 20 nanograms per milliliter in the blood. It also indicated a finding of Dexamethasone at 19 picograms per milliliter in the blood, which exceeds the allowable limit of 5 picograms per milliliter 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 Carlos Acosta Jr..

Brayan A. Marquez and Astorga Racing (Hugo and Ivan Astorga), the owners of record for horse “BELLA FACCIA”, were duly notified and failed to appear for this hearing. This is their FIRST Class 4C MINOR and 4C MAJOR medication violations in a 365-day period.

For Carlos Acosta Jr.’s FIRST Class 4C MINOR AND 4C MINOR medication violations in a 365-day period, the Board of Stewards assess a penalty as follows:

    1. A ($500) five hundred dollar fine for the Flunixin (Class 4C MINOR) medication violation. The fine to be paid on or before March 2, 2018 in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. A ($1,000) one thousand dollar fine for the Dexamethasone (Class 4C Major) medication violation. The fine is to be paid on or before March 2, 2018 in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.

Licensee is found to be in violation of and his ruling is written in accordance with: 15.2.3.8.(B)(1)(3)(f)(G)(j) Stewards/ 15.2.6.9C)(4) Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 16.47.1.10(B)(1)Absolute Insurer/ 15.2.6.9(B)(4)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: TONY EDDIE SEDILLO Ruling Date: 1/25/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-1 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:

WHEREAS, the matter of the Settlement Agreement for Trainer Tony E. Sedillo, (Applicant ID#16607) came before a quorum of the New Mexico Racing Commission on January 18, 2018;

WHEREAS, the Commission reviewed the Settlement Agreement;

WHEREAS, the Settlement Agreement is attached to this ruling;

WHEREAS, the Commission voted unanimously to approve the Settlement Agreement.

THEREFORE, IT IS ORDERED as to Trainer Tony E. Sedillo as the trainer responsible for the horse known as “Zenon’s Star”, which tested positive for Isoflupredone after finishing 2nd in the 10th race at Sunland Park on January 25, 2015, Trainer Tony E. Sedillo shall be assessed the following: a) A $500 fine to be paid within 30 days of the signed Settlement Agreement. “Zenon’s Star” must pass a commission approved examination before becoming eligible to be entered in any race which is governed by the Commission.

By order of the New Mexico Racing Commission

_______________________________________
ISMAEL TREJO, EXECUTIVE DIRECTOR

Name: RENE GUEUARA Ruling Date: 1/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-42 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: Y
Suspension Start: 1/13/2018 Suspension End: 5/12/2018
Ruling Text: Trainer Rene Gevara, was duly notified and responded telephonically for a hearing before the Board of Stewards on January 13, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Nieves de Enero”(Test Sample #: NM30200), who finished 1st place in the 5th race on November 25, 2017, at Zia Part Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Rene Gevara.

Marcelino Gonzalez, the owner of record for horse “Nieves de Enero”, was duly notified and failed to appear for this hearing. This is Marcelino Gonzalez’s FIRST Class 3B medication violation in a lifetime.

For Rene Gevara’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 120 day suspension of all NMRC licenses starting January 13, 2018 through May 12, 2018, inclusive.
    2. A ($3,000) three thousand dollar fine to paid on or before February 20, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension, Rene Gevara is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21) Exclusion. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of , Rene Gevara 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 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: RAUL VELARDE VEGA Ruling Date: 1/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-40 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 1/28/2018 Suspension End: 7/28/2018
Ruling Text: Trainer Raul Vega, was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on January 19, 2018, for a hearing that was continued from January 7, 2018, (at the request of Daniel Marquez). The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “Not Holding Back(test sample #NC26355) during Out Of Competition Testing on February 6, 2017, at Sunland Park Racetrack in Sunland Park NM . Clebuterol was confirmed in the Split Sample sent to Industrial Laborites on May 4, 2017.

Juan Poblano and Ricardo A. Bernal were the owners of record for horse “Not Holding Back”. Juan Poblano was duly notified and appeared with attorney Daniel Marquez for this hearing. Ricardo A. Bernal was duly notified and failed to appear for this hearing. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, this is Juan Poblano’s FOURTH class 3B medication violation in a lifetime and Ricardo A. Bernal’s SECOND class 3B medication violation in a lifetime.

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

    1. A 6 month suspension of all NMRC licenses starting January 28, 2018, through July 28, 2018, inclusive.
    2. ($2,500) two thousand and five hundred dollar fine to paid on or before February 20, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension, Raul Vega is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Raul Vega are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) . Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(3)(7)(c)(8) Medication Restrictions/ 15.2.6.9(J)(2)(d)(3) Out of Competition Testing/ 16.47.1.8(L)(i)(T)Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license/ 15.2.6.10(B)(1)(2) Absolute insurer/ 15.2.6.9 (B)(2) Penalty Recommendations

Name: RAUL VELARDE VEGA Ruling Date: 4/11/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-40-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 1/28/2018 Suspension End: 7/28/2018
Ruling Text: RE: 2018-SUN-40 - Appeal Submitted
Name: RAUL VELARDE VEGA Ruling Date: 4/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-40-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 1/28/2018 Suspension End: 7/28/2018
Ruling Text: RE: 2018-SUN-40 - Appeal Stay Granted Pending the Appeal Process- See Documentation
Name: MIGUEL CASTILLO Ruling Date: 1/18/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-3 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 1/18/2018 Suspension End: 1/18/2019
Ruling Text:
BEFORE THE NEW MEXICO RACING COMMISSION
STATE OF NEW MEXICO
RULING #
WHEREAS, the matter of the Settlement Agreement for Trainer Miguel Castillo, (Applicant ID#29551) came before a quorum of the New Mexico Racing Commission on January 18, 2018;

WHEREAS, the Commission reviewed the Settlement Agreement;

WHEREAS, the Settlement Agreement is attached to this ruling;

WHEREAS, the Commission voted unanimously to approve the Settlement Agreement.

THEREFORE, IT IS ORDERED as to Trainer Miguel Castillo as the trainer responsible for the horse known as “Good Job Honey”, which tested positive for Ritalinic Acid, a metabolite of Methylphenidate and Ethylphenidate after finishing 1st in the 3rd race at Sunland Park on May 1, 2016, Trainer Miguel Castillo shall be assessed the following: a) A $25,000 fine to be paid within 90 days of the signed Settlement Agreement. b) Suspension of Miguel Castillo's Trainer's license for a period of 365 days commencing upon signature of settlement agreement c) Forfeiture of the purse awarded pursuant to the participation of "Good Job Honey" in the 3rd race finishing 1st at Sunland Park Racetrack on May 1, 2016 d) Forfeiture of any and all prizes awarded e) "Good Job Honey" be unplaced in the 3rd race finishing 1st at Sunland Park Racetrack on May 1, 2016 f)Miguel Castillo is required to take and pass trainer's test prior to being licensed g) Miguel Castillo is required to appear before the Commission before license reinstatement

By order of the New Mexico Racing Commission

_______________________________________
ISMAEL TREJO, EXECUTIVE DIRECTOR

Name: Ronald Lynn Stephens Ruling Date: 1/18/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-4 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/18/2018 Suspension End: 7/19/2019
Ruling Text: Settlement Agreement Reached with General Counsel in District Court- Please see attached Documents

Name: OSMAN ITURRALDE Ruling Date: 1/17/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-7 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Please see D&O on Race Appeal in documents.
Name: JAMES THOMAS KING Ruling Date: 5/14/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-007-18-RES Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: DD-007-18 - Ruling Rescinded - Withdrawn by the DHRC.
Name: JAMES THOMAS KING Ruling Date: 5/14/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-007-18-AWD Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: DD-007-18 - Appeal Withdrawn - Withdrawn by the DHRC.
Name: JAMES THOMAS KING Ruling Date: 1/9/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-007-18 Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: James T King Jr. being trainer of record on the horse SPANISH DREAM, is fined $1000.00 dollars and SPANISH DREAM is placed on the Steward's List for 14 days for failing a pre-race test on January 3, 2018. Any horse that tests at a Base Excess Level of 12.4 mmol/l (mEq/l) or higher for a Lasix treated horse is a positive. SPANISH DREAM tested at 12.6 mmol/l. After 14 days SPANISH DREAM must pass a blood gas test and re-qualify to compete in purse events. DHRC rule: 8.9; 8.9.1; 8.9.14.2.1 8.9.15.1.1;8.9.15.1.2. All fines are to be paid within 10 days of written rule. Appeals are due within 48 hours of written rule. Mr. King had a judge's hearing on January 8, 2018 at Dover Downs.
Name: JAMES THOMAS KING Ruling Date: 2/5/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-007-18-ASUB Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: DD-007-18 - Appeal Submitted. Recieved $1000 fine. Horse placed on Steward's List for 14 days. Must retest and re-qualify.
Name: CHARLIE ROBERT RAMIREZ Ruling Date: 12/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-223 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Charlie R. Ramirez having been duly notified and having responded telephonically before the Board of Stewards on December 29, 2017, for failing to have entry “I INOW HOW TO FLY” properly tattooed, which resulted in a late scratch and mutuel refund in the 9th race on November 25, 2017 at Zia Park Racetrack.

The Board of Stewards hereby assesses Charlie R. Ramirez a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before January 29, 2018, 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 in violation of 15.2.5.12 (B) INELIGIBLE HORSES A horse shall be ineligible to start in a race when it is not fully identified and tattooed on the inside of the upper lip 16.47.1.10 (C)(5) TRAINER RESPONSIBILITY The trainer is responsible for the proper identity, custody, care, health, condition, and safety of horses in their charge.

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

Name: JOHN D MCKEE Ruling Date: 12/14/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-162 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On December 9, 2017, the Board of Stewards offered a hearing to Owner/Trainer, John D. McKee to which he waived his right to a hearing regarding a medication violation pertaining to his horse “Rolling Brook” who finished First (1st) in the third (3rd) race on Saturday, December 2, 2017. The Stewards hereby find the following: The official blood sample #240063, taken on 12/02/17 was reported by Industrial Laboratories, the official testing laboratory, to contain Dexamethasone, which is a Class 4 drug, with a C Penalty, designation. The permissible threshold for Dexamethasone is 5 pg/ml in blood. Sample #240063 contained 49.1 pg/ml of the drug, which is above the permissible threshold for this drug. The sample was taken from the Five (5) horse, “Rolling Brook”, which ran in the Third Race on 12/02/17, finishing First. Mr. Mc Kee elected not to have a split sample tested Pursuant to 178 W. Va. C.S.R. 1, Table 178-1 F, the post-race threshold for Dexamethasone is 5 pg.ml in the blood. Because the amount of Dexamethasone in “Rolling Brook” exceeded the acceptable threshold set forth in Table 178-1 F, Mr. McKee may be held responsible and his occupational permit disciplined pursuant to 178 W. Va. C.S.R. 1, sections 49.a.1. and 51.1.a. The Dexamethasone positive in “Rolling Brook” is Mr. McKee’s First Offense for a medication/substance violation in a 365 day period. The permit holder has accumulated 0 points under the multiple medication violation point system as a result of the issuance of. Mr. McKee is assessed ˝ point for this Dexamethasone medication/substance violation pursuant to section 49.3.m. of 178 of W.Va.C.S.R.1. Based on the above, the Stewards hereby impose the following penalty for the underlying offense: Mr. McKee’s horse “Rolling Brook” will be disqualified from all purse money and will have a total of ˝ points on his record. With the Dexamethasone positive being Mr. McKee’s first medication violation in 365 day. Mr. McKee is fined $1000 dollars. The horse “Rolling Brook” is disqualified from all purse money; Re-Distribution is as following. 1. #7 Forbidden Topic 2. #3 Windsor Calling 3. #6 Silver Taurus 4. #2 Waltersram 5. #1 Bip Bop Boo 6. #4 Peck’s Bad Boy All fines imposed by the Board of Stewards shall be paid to the Racing Commission within Seven (7) Days after the ruling is issued, unless otherwise ordered by the Stewards, per West Virginia Rule of Racing #178-1-8.5.n You have the right to appeal this Ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 Days of your receipt of this Ruling and must include a security fee in the amount of $500.00
Name: JESUS TORRES Ruling Date: 5/23/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP036-CC Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/13/2017 Suspension End:
Ruling Text: RE: 17-18TP036 - Case Continued
Name: JESUS TORRES Ruling Date: 12/13/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP036 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/13/2017 Suspension End:
Ruling Text: Owner Jesus Torres-Casas (ADG #16251) is hereby summarily suspended and denied access to all grounds under the jurisdiction of the Arizona Department of Gaming pending a hearing on January 16, 2018 before the Board of Stewards for: 1) conduct detrimental to the best interest of racing, and the safety, welfare, economy, health and peace of the people of the state as well, 2) Posession of a hypodermic needle and syringe, 3) for a positive human drug test pending confirmation from Southwest Labs Inc

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106.C.;A.A.C. R19-2-112.8.; A.A.C. R19-2-112-12.; A.A.C. R19-2-112.13.; A.A.C. R19-2-120.A.2.c.; A.A.C. R19-2-121.E.2.; A.A.C. R19-2-121.E.3.; A.A.C. R19-2-121.E.6.; A.A.C. R19-2-121.E.7.; A.R.S. 5-108.A.1.a.b.c.g.h.;

Name: JESUS TORRES-CASAS Ruling Date: 12/13/2017
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 1718TP036 Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Jesus Torres-Casas (ADG #16251) is hereby summarily suspended and denied access to all grounds under the jurisdiction of the Arizona Department of Gaming pending a hearing on January 16, 2018 before the Board of Stewards for: 1) conduct detrimental to the best interest of racing, and the safety, welfare, economy, health and peace of the people of the state as well, 2) Posession of a hypodermic needle and syringe, 3) for a positive human drug test pending confirmation from Southwest Labs Inc

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106.C.;A.A.C. R19-2-112.8.; A.A.C. R19-2-112-12.; A.A.C. R19-2-112.13.; A.A.C. R19-2-120.A.2.c.; A.A.C. R19-2-121.E.2.; A.A.C. R19-2-121.E.3.; A.A.C. R19-2-121.E.6.; A.A.C. R19-2-121.E.7.; A.R.S. 5-108.A.1.a.b.c.g.h.;

Name: GUADALUPE CHAVEZ Ruling Date: 11/23/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-9 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 15000 Fine Paid: N
Suspension Start: 11/21/2017 Suspension End: 11/20/2020
Ruling Text: Settlement agreement : Stipulated Settlement Agreement 1. Jusidiction. The Commission has jurisdiction over Respondent, a Licensee and the subject matter pursuant to the Horse Racing Act 60-1A-1-30 NMSA 1978, (the "act"). 2. Waiver of Rights. Respondent knowingly, intentionally and voluntarily waives his right to a full hearing and the right to judicial appeal. Respondent further waives any time limitations nad procedural rights related to hearing as set forth in the Commission regulations governing disciplinary hearings. 3. Discipline. IN sconderation of the particular circumstances and as full and final resolution of this matter; respondent agrees to the following penalties: A. A fine of fiteen thousand dollars (15,0000 to be paid within 60 days of execution of this agreement. B. Suspension of Respondetn's trainer's license for a period of three (3) years. Such suspension shall commence on the date this agreement is executed. C. Loss of purse for the racehorses, "Air Force Won". Who finished second in the tenth race at the Zia Park on October 16, 2016, and Flying Foose who finished first in the eigth race at Zia Park on October 23, 2016. D. Respondent shall take and pass the NM Trainers examination prior to seeking reinestatement of his NM trainer's license after the term of his suspension. E. Respondent shall notify the Commission before the end of the period of suspension and shall arrange to be placed on the agenda nd appear before them. 4. Contingent on Commission Approval. This settlement agreemnt is subject to the binding approval of the Commission. 5. Public Records. Respondent understands that this Settlement Agreement and other documents related to these proceedings are public record under the Inspection of Public Records Act 14-2-1-12 NMSA 1978. 6. Full and Complete Settlement. This settlement agreement constitutes a full and complete resolution of all claims and defenses that either party did or could have raised related to these proceedings and execution of this Settlement constitutes a full and final resolution of: Confirmed positive drug test for the Class 2 Prohibited substance Zilpaterol, occurring on October 16, 2016 at Zia Park for the Horse "Air Force Won" Sample #NM24334 and Confirmed positive test finding Zilapaterol occurring on October 23rd 2016 at Zia Park in the Horse "Flying Foose" sample #NM24434.
Name: H. ARMANDO OROZCO Ruling Date: 11/21/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-10 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 8000 Fine Paid: N
Suspension Start: 4/1/2017 Suspension End: 3/31/2018
Ruling Text: Stipulated Settlement Agreement 1. Jurisdiction. The Commission has jurisdiction over repsondent, a licensee and the subject matter pursuant to the Horse Racing Act 60-1A-1-30NMSA 1978 (the act). 2. Waiver of Rights. Respondent knowingly, intentionally and voluntarily waives his right to a full heaing and the right to judicial appeal. Respondent further waives any time limitations and procedural rights related to hearing as set forth in the Commission regulartions govering disciplinary hearings. 3. Discipline. Respondent has no prior disciplinary history. This is a first offense. In consideration of the particular circumstances and as full and final resolution of this matter, Respondent agrees to the following penalties: A. A fine of eight thousand dollars (8000), four thousand (4000) to be paid within 60 days of execution of this agreement and four thousand (4000) to be paid on or before April 1, 2018. B. Suspension of Respondent's trainre license for a period of one year. Such suspension shall be considered have begun on April 1, 2017 and shall continue through September 30, 2017 with a period of deferment from October 1, 2017 through March 31, 2018. C. Loss of purse for the racehorse "All Forgiven" who finished second in the third race at the State Fair on Septemeber 15, 2016. D. Respondent shall take and pass the trainers examination prior to seeking reinstatement of his NM trainer's license, which expired in March 2017. E. Respondent shall notify the Commission before the end of the period of suspension and shall arrange to be place on the agenda and appear before them. 4. Coningent on Commission Approval. This settlement Agreement is subject to the binding approval of the Commission. 5. Public Records. Respondent understands that this Settlement agreement and other documents related to these proceedings are public record under the Inspection of Public Records Act 14-2-1-12 NMSA 1978. 6. Full and Complete Settlement. This settlement agreement constitutes a full and complete resolution of all claims and defenses that either party did or could have raised related to these proceedings and execution of this Settlement constitutes full and final resolution of: Confirmed positive drug test for the Class two (2) Prhoibited substanc Zilpaterol, occurring on September 15, 2016, at the NMSF, for the third race, per sample NM20757, Horse "All Forgiven"
Name: PEDRO CARRILLO GOMEZ Ruling Date: 11/18/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-174 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner Pedro Carrillo, having been duly notified and having appeared before the Board of Stewards on November 18, 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 “Azoom Policy”(Test Sample #: NM27687), who finished 2nd place in the 2nd race on September 24, 2017, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Michael Megariz III.

Michael Megariz III, the trainer of record for horse “Azoom Policy”, was duly notified and appeared for this hearing. This is Michael Megariz III’s FIRST Class 3B medication violation in a lifetime.

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

    1. A ($5,000) five thousand dollar fine to paid on or before December 19, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Azoom Policy” is placed on the Stewards list for a period of 60 days (beginning October 4, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “Azoom Policy” is hereby disqualified from SECOND PLACE and ordered unplaced from the 2nd race on September 24, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. R O With Good Reason
                2. Jess Pollitical
                3. Skipper Reguard
                4. SM Little B
Unplaced “Azoom Policy” Unplaced “Pop Your Cork” ruling 2017-ZIA-125

Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B(2) Penalty recommendations This ruling is written in accordance with 15.2.3.8(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: ANTHONY GLENN AREY Ruling Date: 11/17/2017
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22441 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Presented the wrong horse in the paddock for race 3 on November 9, 2017 at Evangeline Downs.
Name: SERGIO P ROMAN Ruling Date: 10/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-112 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/30/2017 Suspension End: 4/28/2018
Ruling Text: Trainer Sergio P. Roman, having been duly notified and having appeared before the Board of Stewards on October 29, 2017, for failing to report, as instructed, to the Downs of Albuquerque Test Barn Facility for out of competition testing on September 7, 2017, with horses “Singin On Diva” “Shes a Fighter” and “Six Episodes”, who were selected for out of competition testing.

AGGRVATING CICUMSTANCES:

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

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

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

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

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

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

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

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

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

Name: RODOLFO GUADALUPE VALLES Ruling Date: 10/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-100 Ruling Type: Claiming Irregularities
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Rodolfo Valles having been duly notified and having waived his right to a 10 day notice and formal hearing before the Board of Stewards on October 22, 2017, for Transferring ownership of horse “ JZOOMIN SCOOT” on September 10, 2017. (“ JZOOMIN SCOOT” was claimed from the 1st race on September 2, 2017, at Ruidoso Downs.)

The Board of Stewards hereby assesses Rodolfo Valles a fine in the amount of five hundred dollars, ($500.00). The fine is to be paid on or before November 22, 2017, 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: 15.2.4.8(G)(5) TRANSFER OF CLAIMED HORSES Ownership interest in any horse claimed from a race shall not be resold or transferred for30 days after such horse was claimed, except by claim from a subsequent race

This ruling is written in accordance with: 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): 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: WILLIAM SHADRICK SEATON Ruling Date: 9/26/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 17-WRD-044 Ruling Type: License Type Changed
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: THE OWNER/TRAINER'S LICENSE ISSUED TO WILLIAM SHADRICK SEATON IS HEREBY RESCINDED WITHOUT PREJUSDICE AS HE HAS BEEN ISSUED AN ASSISTANT STARTER'S LICENSE AT WRD FOR 2017.
Name: DENNIS WATSON Ruling Date: 8/31/2017
Jurisdiction: New Jersey Racing Commission Facility: Trenton
Ruling Number: 17TRH24 Ruling Type: Appeal/Stay Granted
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
 
 
The New Jersey Racing Commission hereby grants a one-year extension of the stay issued to Dennis Watson in Ruling 16TRH15 to August 10, 2018.
 
Related rulings:  16MDH61 dated July 26, 2016, 16TRH15 dated August 10, 2016
Name: STACEY LANE CAPPS Ruling Date: 8/24/2017
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 17-FMT-021 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/15/2017 Suspension End:
Ruling Text: A REPORT HAS BEEN RECEIVED STATING THAT THE BLOOD AND URINE SAMPLE COLLECTED FROM THE HORSE,''R MISS FIREBALL'', THAT PLACED 2ND IN THE 12TH RACE AT FMT ON 7/29/2017 DID TEST POSITIVE FOR THE PROHIBITED DRUG RITALINIC ACID. THE FMT BOARD OF STEWARDS FINDS THAT THE PUBLIC HEALTH, SAFETY AND WELFARE IS AT RISK AND REQUIRES EMERGENCY ACTION. THEREFORE, STACEY LANE CAPPS IS SUMMARILY SUSPENDED EFFECTIVE 8/15/2017 AND CONTINUING PENDING A HEARING AND FINAL DETERMINATION. DURING THE TERM OF HER SUSPENSION, MRS. CAPPS IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACETRACKS UNDER THE OHRC JURISDICTION.
Name: ADAM A TAPIA Ruling Date: 8/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-76 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 8/16/2017 Suspension End: 9/30/2017
Ruling Text: Trainer Adam A. Tapia having been duly notified, and appeared before the Board of Stewards Aug. 16, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 46 pg/ml in the horse “Kick Some Dash” (Test Sample #: NM27222), who finished 2nd in the 4th race on June 25, 2017, at The Downs at Albuquerque. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded and confirmed by Industrial Labs at 47.1 pg/ml. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Adam A. Tapia 2nd Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 45 day suspension of all NMRC licenses starting Aug. 16, 2017, through Sep. 29, 2017, inclusive.
    2. A ($1000.00) One Thousand dollar fine to paid on or before Sep. 15, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Chicks in Chains” is placed on the Stewards list for a minimum period of 60 days (beginning July 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.
During said time of applicable suspension, Adam A. Tapia is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Adam A. Tapia are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 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: ADAM A TAPIA Ruling Date: 11/11/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-76-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 8/16/2017 Suspension End: 9/30/2017
Ruling Text: RE: 2017-DAA-76 - Modified Ruling Trainer Adam A. Tapia having been duly notified, and appeared before the Board of Stewards Aug. 16, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 46 pg/ml in the horse “Kick Some Dash” (Test Sample #: NM27222), who finished 2nd in the 4th race on June 25, 2017, at The Downs at Albuquerque. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded and confirmed by Industrial Labs at 47.1 pg/ml. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Adam A. Tapia 2nd Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 45 day suspension of all NMRC licenses starting Aug. 16, 2017, through Sep. 29, 2017, inclusive.
    2. A ($1000.00) One Thousand dollar fine to paid on or before Sep. 15, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Kick Some Dash” is placed on the Stewards list for a minimum period of 60 days (beginning July 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.
During said time of applicable suspension, Adam A. Tapia is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Adam A. Tapia are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 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: ANGELICA M ARENIVAS Ruling Date: 8/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-74 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Angelica Arenivas having been duly notified, and appeared through trainer Juan Meraz before the Board of Stewards Aug.16, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 204 pg/ml in the horse “Chicks in Chains” (Test Sample #: NM27223), who finished 1st in the 5th race on June 25, 2017, at The Downs at Albuquerque. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and confirmed by Industrial Labs at 185 pg/ml. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Angelica Arenivas’s 1st Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. 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 “Chicks in Chains” is placed on the Stewards list for a minimum period of 60 days (beginning July 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.
    2. The horse “Chicks in Chains” is hereby disqualified from 1st Place and ordered unplaced from the 5th race on June 25, 2017 at The Downs at Albuquerque for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. My Mister Pt
                2. Who Cut the Mustard
                3. Shesagoodone
                4. Jesses Buzz
                5. A Secret Ii Remember
                6. Blue Moon Flash
                7. Rc Runaway One
                8. Amalia Cartel
Unplaced “Chicks in ChainsThis ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

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

Name: JUAN RAMON MERAZ Ruling Date: 8/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-72 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 8/16/2017 Suspension End: 9/15/2017
Ruling Text: Trainer Juan Meraz having been duly notified, and appeared before the Board of Stewards Aug. 16, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 204 pg/ml in the horse “Chicks in Chains” (Test Sample #: NM27223), who finished 1st in the 5th race on June 25, 2017, at The Downs at Albuquerque. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded and confirmed by Industrial Labs at 185 pg/ml. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Juan Meraz’s 1st Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 30 day suspension of all NMRC licenses starting Aug. 16, 2017, through Sep. 15, 2017, inclusive.
    2. A ($750.00) Seven hundred fifty dollar fine to paid on or before Sep. 15, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Chicks in Chains” is placed on the Stewards list for a minimum period of 60 days (beginning July 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.
During said time of applicable suspension, Juan Meraz is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Juan Meraz are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 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: JORGE LUIS CARRILLO Ruling Date: 8/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-78 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Jorge L. Carnillo having been duly notified, and appeared with trainer Adam Tapia before the Board of Stewards Aug.16, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 46 pg/ml in the horse “Kick Some Dash” (Test Sample #: NM27222), who finished 2nd in the 4th race on June 25, 2017, at The Downs at Albuquerque. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and confirmed by Industrial Labs at 47.1 pg/ml. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

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

    1. 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 “Kick Some Dash” is placed on the Stewards list for a minimum period of 60 days (beginning July 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.
    2. The horse “Kick Some Dash” is hereby disqualified from 2nd Place and ordered unplaced from the 4th race on June 25, 2017 at The Downs at Albuquerque for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Jess Pollitical
                2. Famous She Is
                3. Witman
                4. Magic Corona
                5. El Tenedor
                6. Miss Pretty Tee
                7. A Horse Called Buddy
                8. Carters Way to Fly
Unplaced “Kick Some DashThis ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

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

Name: ADAN ARENIVAS Ruling Date: 8/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-75 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Adan Arenivas having been duly notified, and appeared through trainer Juan Meraz before the Board of Stewards Aug.16, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 204 pg/ml in the horse “Chicks in Chains” (Test Sample #: NM27223), who finished 1st in the 5th race on June 25, 2017, at The Downs at Albuquerque. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and confirmed by Industrial Labs at 185 pg/ml. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Adan Arenivas’s 1st Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. 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 “Chicks in Chains” is placed on the Stewards list for a minimum period of 60 days (beginning July 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.
    2. The horse “Chicks in Chains” is hereby disqualified from 1st Place and ordered unplaced from the 5th race on June 25, 2017 at The Downs at Albuquerque for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. My Mister Pt
                2. Who Cut the Mustard
                3. Shesagoodone
                4. Jesses Buzz
                5. A Secret Ii Remember
                6. Blue Moon Flash
                7. Rc Runaway One
                8. Amalia Cartel
Unplaced “Chicks in ChainsThis ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

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

Name: LUIS RAUL HERNANDEZ Ruling Date: 7/29/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-43 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 12/23/2017 Suspension End: 6/22/2018
Ruling Text: Trainer Luis R. Hernandez having been duly notified, and waiving his rights to a hearing, appeared before the Board of Stewards July 26, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 628 pg/ml in the horse “James D Man” (Test Sample #: NM26996), who finished in 4th place in the 7th race on May 19, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Luis R. Hernandez Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

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

    1. A 6 Month suspension of all NMRC licenses starting Dec. 23, 2017, through June 22, 2018, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. A ($5,000.00) Five thousand dollar fine to be paid on or before Aug. 29, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    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 “James D Man” is placed on the Stewards list for a minimum period of 60 days (beginning June 8, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    4. Referral of this matter to the NMSRC for any further action deemed necessary, in accordance with 15.2.3.8 (B)(3)(j) NMAC;

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

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 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.

16.47.1.10(B)(1) NMAC: Absolute Insurer: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (T) KNOWLEDGE OF RULES 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

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

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

    1. A ($5000.00) Five thousand dollar fine for the 3rd Class B violation to be paid on or before Aug.29, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “James D Man” is placed on the Stewards list for a minimum period of 60 days (beginning June 8, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “James D Man” is hereby disqualified from 4th Place. The purse redistribution is as follows.
                1. Boomer Who
                2. Beverlys Ruller
                3. Dark Brook
                4. Happy Havta Go
                5. Roll On Diego
                6. Miss Borrachita
                7. Royal Tapout
Unplaced “James D ManThis ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority

16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

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

Name: MICHAEL DALE TAYLOR Ruling Date: 7/28/2017
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22342 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 7/26/2017 Suspension End: 1/25/2018
Ruling Text:
Mepivacaine reported in post race plasma sample taken from “Executive Teller” the winner of race 5, May 27, 2017 at Delta Downs. Result confirmed, in split portion of sample, by the Florida Racing Laboratory. Trainer Michael D. Taylor waived his right to a stewards hearing. The stewards concluded that the sample contained Mepivacaine an ARCI category drug. Trainer Michael D. Taylor is suspended six months, July 26, 2017 through January 25, 2018, denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission, and the purse ordered redistributed. In the opinion of the stewards the penalty imposed is insufficient therefore the case is referred to LSRC for further action.
Name: MICHAEL DALE TAYLOR Ruling Date: 8/1/2017
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22342-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 7/26/2017 Suspension End: 1/25/2018
Ruling Text:
RE: 22342 -Suspensive Appeal Granted by the LSRC Pending a hearing on 8/28/17.
Name: MICHAEL DALE TAYLOR Ruling Date: 9/26/2017
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22342-AFF Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 7/26/2017 Suspension End: 1/25/2018
Ruling Text:
RE: 22342 - Penalty Affirmed: Case heard by LSRC 9/25/17:Stewards ruling upheld; suspended six months with credit fror time served retroactive to 7/26/2017 through 01/15/18 and denied access to all facilities under the supervision of the LSRC; Fined $2000; Purse ordered redistributed.
Name: MARIO SANCHEZ Ruling Date: 7/26/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-39 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 5/6/2017 Suspension End: 5/31/2017
Ruling Text: Trainer Mario G. Sanchez having been duly notified, and appeared telephonically before the Board of Stewards May 5, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 179 pg/ml in the horse “Chasemyferraritodtop” (Test Sample #: NM25170), who finished 1st in the 2nd race on March 10, 2017, at Sunland Park. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Mario G. 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". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Mario G. Sanchez’s 1st Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 25 day suspension of all NMRC licenses starting May 6, 2017, through May 31, 2017, inclusive.
    2. A ($750.00) Seven hundred fifty dollar fine to paid on or before Aug 25, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Chasemyferraritodtop” is placed on the Stewards list for a minimum period of 60 days (beginning March 29, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Mario G. Sanchez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Mario G. Sanchez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: LUIS FERNANDO DOMINGUEZ Ruling Date: 7/26/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-41 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Luis Fernando Dominguez having been duly notified, and appeared telephonically through trainer Mario G. Sanchez before the Board of Stewards May 5, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 179 pg/ml in the horse “Chasemyferraritodtop” (Test Sample #: NM25170), who finished 1st in the 2nd race on March 10, 2017, at Sunland Park. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer Mario G. 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". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Luis Fernando Dominguez 1st Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. 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 “Chasemyferraritodtop” is placed on the Stewards list for a minimum period of 60 days (beginning March 29, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Chasemyferraritodtop” is hereby disqualified from 1st Place and ordered unplaced from the 2nd race on March 10, 2017 at Sunland Park for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Bogart Seis
                2. Copper Dynasty
                3. Magnum P S I
                4. Famous Dreamgirl
                5. Jumpn Shout
                6. Elcalcetas
                7. Louisiana Bo Peep
                8. Silver Surfer Dude
                9. Brews Jj
Unplaced “Chasemyferraritodtop” Late Scratch: Dragon on the Moon, Hija de Curlys This ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

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

Name: RONAL H BOCANEGRA Ruling Date: 7/22/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 45-2017 DE Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/20/2017 Suspension End:
Ruling Text: 45-2017

Hot Walker Ronal Bocanegra, RCI ID 1443838, DOB 5/15/1979, is suspended indefinitely for testing positive for a dangerous controlled substance (Opiates and Cocaine) on July 20, 2017. It is further ordered that to receive consideration for reinstatement, Mr. Bocanegra shall be required to successfully complete such a rehabilitation program as required by the Stewards and pay in full the $100.00 fine (Ruling 16-2017). During the period of his suspension, he shall be denied the privileges of all grounds under the jurisdiction of the Delaware Thoroughbred Racing Commission. Refer to D.T.R.C. Rules 2.5, 2.5.1.17.1, 21.0, 21.1 and 3.4.

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

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

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

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

Name: ADAN FUENTES Ruling Date: 7/12/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-25 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The license issued to Jockey Adan Fuentes is hereby rescinded without prejudice as he has stated that he no longer works in this capacity.

This ruling is written in accordance with: 16.47.1.8 (M)(2) NMAC: Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such a license”. 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.8 (A)(1) License Required

Name: David Louis Kiser Ruling Date: 7/1/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-64 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer David Kiser, having waived his right to a 10 day notice and formal hearing before the Board Of Stewards on June 30, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4 penalty category C drug) found in test sample NM 27154 taken from entryCompete Everyday” who was scratched at the gate before the running of the 5th race on June 20, 2017 at Sunray Park in Farmington, NM.

The original lab report indicated a finding of Phenylbutazone at 3.95 micrograms per milliliter in the blood, which exceeds the allowable limit of 2.0 micrograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by David Kiser. For this FIRST Class 4C medication violation issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed David Kiser a penalty as follows:

    1. A ($300) three hundred dollar fine to be paid on or before August 1, 2017, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.

Licensee is found to be in violation of: 15.2.6.9(C)(1-2-3) Prima Facie Evidence15.2.6.9 (C)(3) PENALTY RECOMMENDATIONS

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

Name: OMAR SEPULVEDA Ruling Date: 6/25/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-55 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 Omar Sepulveda having been duly notified and having appeared before the Board of Stewards on June 25, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Hide Your Krazy”(Test Sample #: NM26251), who finished 1st place in the 1st race on April 14, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Texas A&M on May 31, 2017.

David M. Gomez-Barraza, the trainer of record for horse “Hide Your Krazy”, was duly notified and responded telephonically for this hearing. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, this is David M. Gomez-Barraza’s FIRST Class 3B medication violation in a lifetime.

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

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Hide Your Krazy” is placed on the Stewards list for a period of 60 days (beginning May 3, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Hide Your Krazy” is hereby disqualified from FIRST PLACE and ordered unplaced from the 1st race on April 14, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Tows in the Sand
                2. Itaintabout Themoney
                3. Invikeable
                4. Ready to Go
                5. And Its Showtime
                6. Jo Perry Flash
                7. Little Miss Charles
                8. Hollywood Chikita
Unplaced “Hide Your KrazyLicensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/16.47.1.8 (U)(1) PROTECTION OF HORSES/15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance with15.2.3.8(B)(3)(k) NMAC: 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
Name: JOSE FRANCISCO RAMIREZ Ruling Date: 6/25/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-56 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 7/6/2017 Suspension End: 7/5/2018
Ruling Text: Trainer Jose F. Ramirez, Sr. having been duly notified failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)Non Appearance, before the Board of Stewards on June 25, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Clay Court”(Test Sample #: NM26327), who finished 1st place in the 3rd race on April 18, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Texas A&M on May 31, 2017.

Paul Jenson, DMV, the owner of record for horse “Clay Court”, 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. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, this Paul Jenson’s FIRST Class 3B medication violation in a lifetime.

Aggravating circumstances: Trainer has had multiple medication violations and clenbuterol is a prohibited drug.

After considering the aggravating circumstances, for Jose F. Ramirez, Sr.’s THIRD Class 3B medication violation, 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 starting July 6, 2017, through July 5, 2018, inclusive.
    2. A ($5,000) five thousand dollar fine to paid on or before July 25, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension Jose F. Ramirez, Sr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of David Jose F. Ramirez, Sr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/ 16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance with15.2.6.11(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 MANUEL GOMEZ BARRAZA Ruling Date: 6/25/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-54 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 6/26/2017 Suspension End: 7/15/2017
Ruling Text: Trainer David M. Gomez-Barraza having been duly notified and responded telephonically before the Board of Stewards on June 25, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Hide Your Krazy”(Test Sample #: NM26251), who finished 1st place in the 1st race on April 14, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Texas A&M on May 31, 2017.

Omar Sepulveda, the owner of record for horse “Hide Your Krazy”, was duly notified and appeared for this hearing. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, this is Omar Sepulveda’s FIRST Class 3B medication violation in a lifetime.

Mitigating circumstances: This is the trainer’s first 3B medication violation in a lifetime. Aggravating circumstances: Clenbuterol is a prohibited drug.

After considering the mitigating and aggravating circumstances, for David M. Gomez-Barraza’s FIRST Class 3B medication violation, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 20 day suspension of all NMRC licenses starting June 26, 2017, through July 15, 2017, inclusive.
    2. A ($750) seven hundred and fifty dollar fine to paid on or before July 25, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension, David M. Gomez-Barraza is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of David M. Gomez-Barraza are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/16.47.1.8 (U)(1) PROTECTION OF HORSES/15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance with15.2.6.11(A) NMAC: Trainer Responsibility/16.47.1.10(B)(1) NMAC: Absolute /15.2.3.8(B)(3)(k) NMAC: Purse Redistribution /15.2.5.13(E)(4)(d) NMAC: Stewards Authority /15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: PAUL W JENSON Ruling Date: 6/25/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-57 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 Paul Jenson, DMV having been duly notified failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)Non Appearance, before the Board of Stewards on June 25, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Clay Court”(Test Sample #: NM26327), who finished 1st place in the 3rd race on April 18, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Texas A&M on May 31, 2017.

Jose F. Ramirez, Sr., the trainer of record for horse “Clay Court” ,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. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, this Jose F. Ramirez, Sr.’s THIRD Class 3B medication violation in a lifetime.

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

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Clay Court” is placed on the Stewards list for a period of 60 days (beginning May 3, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Clay Court” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3rd race on April 18, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Sleepin Pro
                2. Naevussquall
                3. Reeser
                4. Dodson
                5. Running Fauzett
                6. Francisco
                7. Tom’s Hat
                8. Somethin Hot
                9. Kiss My Hennessy
                10. Mr. Moo
Unplaced “Clay CourtLicensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/ 16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance 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: SIMON JOHN BUECHLER Ruling Date: 6/23/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-47 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Simon Buechler, having been duly notified and having waived his right to a 10 day notice and formal hearing before the Board Of Stewards on June 23,, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4 penalty category C drug) found in test sample NM26480 taken from the winnerBella Anatola” following the 9th race, on June 3, 2017 at Ruidoso Downs Racetrack in Ruidoso Downs , NM.

The original lab report indicated a finding of Phenylbutazone at 2.30 micrograms per milliliter in the blood, which exceeds the allowable limit of 2.0 micrograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Simon Buechler.. Dana Buechler is the owner of record for horse Bella Anatola”. In accordance with 15.2.6.9 (C)(2)(b) NMAC, this is Dana Buechler FIRST Class 4C minor violation.

For this FIRST Class 4C medication violation issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Simon John Buechler a penalty as follows:

    1. A ($250.00) Two hundred fifty dollar fine to be paid on or before July 23, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.

Licensee is found to be in violation of: 15.2.6.9(C)(1-2-3) Prima Facie Evidence/15.2.6.9 (C)(3) PENALTY RECOMMENDATION

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

Name: LEE JOHN GUTIERREZ Ruling Date: 6/18/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-93 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 6/26/2017 Suspension End: 7/10/2017
Ruling Text: Trainer Lee Gutierrez having waived his 10 day hearing notice, and appeared telephonically before the Board of Stewards June 17, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Gabapentin (Neurontin)” detected at 12 ng/ml in the horse “Jess Gots Class” (Test Sample #: NM26773), who finished in 1st place in the 2nd race on April 22, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Lee Gutierrez. 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". There is no permissible concentration of “Gabapentin” that is allowed to appear in any official sample.

For Lee Gutierrez’s 1st Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 15 day suspension of all NMRC licenses starting June 26, 2017, through July 10, 2017, inclusive.
    2. A ($750.00) Seven hundred fifty dollar fine to paid on or before July 17, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
During said time of applicable suspension, Lee Gutierrez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Lee Gutierrez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 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: Ray Orozco Morales Ruling Date: 6/18/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-95 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner, Ray O. Orozco-Morales, having been duly notified, and represented by trainer Lee Gutierrez before the Board of Stewards June 17, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Gabapentin” detected at 12 ng/ml in the horse “Jess Gots Class” (Test Sample #: NM26773), who finished 1st place in the 2nd race on April 22, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer Lee Gutierrez. 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". There is no permissible concentration of Gabapentin that is allowed to appear in any official sample.

For Ray O. Orozco-Morales’s 1st Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. The horse “Jess Gots Class” is hereby disqualified from 1st and ordered unplaced from the 2nd race on April 22, 2017 at SunRay Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Brava Regazza
                2. Paid the Chick
                3. Fanfreakntastic
                4. Royal Zoomin
                5. Miracle Gold
                6. Louisiana Teller
                7. King James 440
Unplaced “Jess Gots Class” Late Scratch: Pistolleta, Captain Bigtime

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

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

Name: MARIO CARDONA PEREA Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-84 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Mario C. Perea having been duly notified and represented by trainer Omar Gutierrez before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited class 2 penalty B drug “Caffeine” detected at 1,239 ng/ml (Limit 100ng/ml) and the prohibited class 4 penalty C drug Methylaminoantipyrine at 221,657 ng/ml (Dipyrone, Limit 1000 ng/ml) the horse “I Wont Lose” (Test Sample #: NM26909), who finished in 1st place in the 1st race on May 7, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Omar Gutierrez. 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 Mario C. Perea’s 3rd Class B and 1st Class C medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A ($5000.00) Five thousand dollar fine for the 3rd Class B violation to paid on or before July 16, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “I Wont Lose” is hereby disqualified from FIRST PLACE and ordered unplaced from the 1st race on May 7, 2017 at SunRay Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

                1. Lil Puddle Talk
                2. An Agitator
                3. Hey Ho Alina
                4. Boppin Bayou
                5. Victoire
                6. Pee Bee N James
                7. My Jess Charming
                8. Mas Ronpope
                9. First Down Willie
Unplaced “I Wont Lose

3. The horse “I Wont Lose” must pass a commission approved drug examination before becoming eligible for entry.

This ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: GUADALUPE GUTIERREZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-82 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Guadalupe I. Gutierrez having been duly notified and represented by trainer Omar Gutierrez before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited class 2 penalty B drug “Caffeine” detected at 1142 ng/ml (Limit 100ng/ml) and the prohibited class 4 penalty C drug Methylaminoantipyrine at 241,310 ng/ml (Dipyrone Limit 1000 ng/ml) the horse “Big Memorys Kendy ” (Test Sample #: NM26887), who finished in 1st place in the 1st race on May 5, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Omar Gutierrez. 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". 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

For Guadalupe I. Gutierrez’s 2nd Class B and 1st Class C medication violation issued in accordance with 15.2.6.9 (B)(2)&(4) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. The horse “Big Memorys Kendy” is hereby disqualified from FIRST PLACE and ordered unplaced from the 1st race on May 5, 2017 at SunRay Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

                1. Ronas Dynasty
                2. Eyesa Dashing Lady
                3. Desierto Famoso
                4. Pistolleta
                5. Dashawayviking
                6. El Tenedor
                7. My Shotgun Ryder
                8. Bars N Cars
Unplaced “Big Memorys Kendy” 2. The horse “Big Memorys Kendy” must pass a commission approved drug examination before becoming eligible for entry.

This ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority

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: GUADALUPE GUTIERREZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-88 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Guadalupe I. Gutierrez having waived her rights to a 10 day notice of hearing through Omar Gutierrez and represented by trainer Omar Gutierrez before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited class 2 penalty B drug “Caffeine” detected at 1,398 ng/ml (Limit 100ng/ml) and the prohibited class 4 penalty C drug Methylaminoantipyrine at 410,363 ng/ml (Dipyrone Limit 1000 ng/ml) the horse “Meleros Cartel ” (Test Sample #: NM26877), who finished in 1st place in the 1st race on May 1, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer Omar Gutierrez. 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 Guadalupe I. Gutierrez’s 3rd Class B and 2nd Class C medication violation issued in accordance with 15.2.6.9 (B)(2)&(4) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A ($5000.00) Five thousand dollar fine for the 3rd Class B violation to paid on or before July 16, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Meleros Cartel” is hereby disqualified from FIRST PLACE and ordered unplaced from the 1st race on May 1, 2017 at SunRay Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

                1. Genuinely Valiant
                2. Mister Jesstified
                3. Easily Ratified
                4. Stay in the Game
                5. Jess Bna Tyger
                6. Bonnies Runner
                7. Serena Six
                8. Calabcitas
Unplaced “Meleros Cartel” Late Scratch: Longing for Roses 3. The horse “Meleros Cartel” must pass a commission approved drug examination before becoming eligible for entry.

This ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: GUADALUPE GUTIERREZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-92 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner, Guadalupe I Gutierrez, having waived her rights to a 10 day notice of hearing through Omar Gutierrez, and represented by trainer Omar Gutierrez before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 9,662 pg/ml in the horse “Meleros Cartel” (Test Sample #: NM27043), who finished 3rd place in the 2nd race on May 28, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer Omar Gutierrez. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Guadalupe I Gutierrez’s 4th Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A ($5000.00) Five thousand dollar fine for the 4th Class B violation to paid on or before July 16, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. Pursuant to rules 15.2.3 (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 “Meleros Cartel” is placed on the Stewards list for a minimum period of 60 days (beginning June 9, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “Green Eye Girl” is hereby disqualified from THIRD PLACE and ordered unplaced from the 2nd race on May 28, 2017 at SunRay Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Simply La Jolla
                2. Jess Gots Class
                3. Saturday Nite Juliet
                4. Dg Dashin Fury
                5. Whilowah
                6. Mister Know It All
                7. Eyesaoldcountrygal
                8. Push the Button D
Unplaced “Meleros Cartel” Late Scratch: An Agitator This ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority

16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

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

Name: ADRIANA RODRIGUEZ DE QUINTANA Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-80 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner, Adriana Quintana-Rodriguez, having been duly notified, and represented by trainer Omar Gutierrez before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected at 93 pg/ml in the horse “Green Eye Girl” (Test Sample #: NM26776), who finished 2nd place in the 3rd race on April 22, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer Omar Gutierrez. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Adriana Quintana-Rodriguez 1st Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. 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 “Green Eye Girl” is placed on the Stewards list for a minimum 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.
    2. The horse “Green Eye Girl” is hereby disqualified from SECOND PLACE and ordered unplaced from the 3rd race on April 22, 2017 at SunRay Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Algol
                2. Konas Streaker
                3. Valentina Lady
                4. Tellers Miss Okie
                5. Dashing Aylin
                6. Corona Bud
Unplaced “Green Eye Girl” Late Scratch: Kips Big Boy This ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

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

Name: JUAN GABRIEL DOMINGUEZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-86 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Juan G. Dominguez having been duly notified and represented by trainer Omar Gutierrez before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited class 2 penalty B drug “Caffeine” detected at 1,058 ng/ml (Limit 100ng/ml) and the prohibited class 4 penalty C drug Methylaminoantipyrine at 92,851 ng/ml (Dipyrone, Limit 1000 ng/ml) the horse “A Deadly Eagle” (Test Sample #: NM26922), who finished in 1st place in the 1st race on May 8, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Omar Gutierrez. 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 Juan G. Dominguez’s 1st Class B and 1st Class C medication violation issued in accordance with 15.2.6.9 (B)(2)&(4) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. The horse “A Deadly Eagle” is hereby disqualified from FIRST PLACE and ordered unplaced from the 1st race on May 8, 2017 at SunRay Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

                1. Who Cut the Mustard
                2. Starveillance
                3. El Picoso Grande
                4. Mamacita Cartel
                5. Rc Runaway Lady
                6. Explorer
                7. Sneakers Shack
                8. Ojiwba
                9. Separate Smash
Unplaced “A Deadly Eagle” 2. The horse “A Deadly Eagle” must pass a commission approved drug examination before becoming eligible for entry.

This ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: LETICIA F NIETO Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-90 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner, Leticia Nieto, having waived her rights to a 10 day notice of hearing through Omar Gutierrez, and represented by trainer Omar Gutierrez before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected at 409 pg/ml in the horse “Signature of a Hero” (Test Sample #: NM27041), who finished in 8th place in the 9th race on May 26, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer Omar Gutierrez. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Leticia Nieto’s 1st Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. 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 “Signature of a Hero” is placed on the Stewards list for a minimum period of 60 days (beginning June 9, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Signature of a Hero” is hereby disqualified from EIGHTH PLACE and ordered unplaced from the 9th race on May 26, 2017 at SunRay Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Sweet Yess Fly
                2. Niftygoinsixty
                3. Pistol Pete Corona
                4. Buildem Miracle
                5. Sweet Dixie Lane
                6. Louisiana Teller
                7. Heavenly Girl
                8. Bandits Miracle
Unplaced “Signature of a Hero

This ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: LUIS RAUL HERNANDEZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-33 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: 6/23/2017 Suspension End: 12/22/2017
Ruling Text: Trainer/Owner Luis R. Hernandez having been duly notified and having appeared before the Board of Stewards on June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Secret Mountain Pass”(Test Sample #: NM25513), who was scratched in the 9th race on April 7, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the urine of the split sample sent to Industrial Laborites on May 10, 2017.

Luis R Hernandez and Juan Hernandez, the owners of record for horse “Secret Mountain Pass”, were duly notified and Juan Hernandez failed to appear for this hearing. In accordance with 15.2.1.9(B)(4)(d) Non-Appearance and 15.2.6.9 (B)(2) Penalty Recommendations, this is Luis R Hernandez and Juan Hernandez’s FIRST Class 3B medication violation in a lifetime.

Mitigating Circumstances: trainer has had no medication violations since December of 2015.

Considering the MITIGATING CIRCUMSTANCES, For Luis R. Hernandez’s THIRD Class 3B medication violation in a lifetime AS A TRAINER and FIRST Class 3B medication violation in a lifetime AS AN OWNER issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

        1. A 6 month suspension of all NMRC licenses starting June 23, 2017, through December 22, 2017, inclusive.
        2. A ($3,000) three thousand dollar fine to paid on or before July 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 (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 “Secret Mountain Pass” is placed on the Stewards list for a period of 60 days (beginning April 18, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Luis R Hernandez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Luis R Hernandez 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) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/ 16.47.1.8 (U)(1) PROTECTION OF HORSES/ 15.2.6.9. B.(2) Penalty Recommendations This ruling is written in accordance with 15.2.6.11(A) NMAC: Trainer Responsibility/16.47.1.10(B)(1) NMAC: Absolute Insurer /15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: OMAR GUTIERREZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-81 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 4000 Fine Paid: N
Suspension Start: 8/18/2017 Suspension End: 2/17/2018
Ruling Text: Trainer Omar Gutierrez having been duly notified and appeared before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited class 2 penalty B drug “Caffeine” detected at 1142 ng/ml (Limit 100ng/ml) and the prohibited class 4 penalty C drug Methylaminoantipyrine at 241,310 ng/ml (Dipyrone Limit 1,000 ng/ml) the horse “Big Memorys Kendy ” (Test Sample #: NM26887), who finished in 1st place in the 1st race on May 5, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Omar Gutierrez. 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 Omar Gutierrez’s 3rd Class B and 1st Class C medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 6 month suspension of all NMRC licenses starting August 18, 2017, through Febuary 17, 2018, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. A ($1,000.00) one thousand dollar fine for the 1st Class C violation. A ($3,000.00) three thousand dollar fine for the 3rd Class B violation. Total $4,000.00 to paid on or before July 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. Referral of this matter to the NMSRC for any further action deemed necessary, in accordance with 15.2.3.8 (B)(3)(j) NMAC;
During said time of applicable suspension, Omar Gutierrez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Omar Gutierrez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 15.2.6.11(A) NMAC: Trainer Responsibility and 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (T) KNOWLEDGE OF RULES 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: OMAR GUTIERREZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-83 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 7000 Fine Paid: N
Suspension Start: 2/18/2018 Suspension End: 2/17/2019
Ruling Text: Trainer Omar Gurierrez having been duly notified and appeared before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited class 2 penalty B drug “Caffeine” detected at 1,239 ng/ml (Limit 100ng/ml) and the prohibited class 4 penalty C drug Methylaminoantipyrine at 221,657 ng/ml (Dipyrone, Limit 1,000 ng/ml) the horse “I Wont Lose” (Test Sample #: NM26909), who finished in 1st place in the 1st race on May 7, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Omar Gutierrez. 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 Omar Gutierrez’s 4th Class B and 2nd Class C medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 1 year suspension of all NMRC licenses starting Febuary 18, 2018, through Febuary 17, 2019, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. A ($2,000.00) Three thousand dollar fine for the 2nd Class C violation. A ($5,000.00) five thousand dollar fine for the 4th Class B violation. Total $7,000.00 to paid on or before July 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. Referral of this matter to the NMSRC for any further action deemed necessary, in accordance with 15.2.3.8 (B)(3)(j) NMAC;
During said time of applicable suspension, Omar Gutierrez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Omar Gutierrez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 15.2.6.11(A) NMAC: Trainer Responsibility and 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 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: OMAR GUTIERREZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-85 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 8000 Fine Paid: N
Suspension Start: 2/18/2019 Suspension End: 2/17/2020
Ruling Text: Trainer Omar Gutierrez having been duly notified and appeared before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited class 2 penalty B drug “Caffeine” detected at 1,058 ng/ml (Limit 100ng/ml) and the prohibited class 4 penalty C drug Methylaminoantipyrine at 92,851 ng/ml (Dipyrone, Limit 1,000 ng/ml) the horse “A Deadly Eagle” (Test Sample #: NM26922), who finished in 1st place in the 1st race on May 8, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Omar Gutierrez. 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 Omar Gutierrez’s 5th Class B and 3rd Class C medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 1 year suspension of all NMRC licenses starting Febuary 18, 2019, through Febuary 17, 2020, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. A ($3,000.00) Three thousand dollar fine for the 3rd Class C violation. A ($5,000.00) five thousand dollar fine for the 5th Class B violation. Total $8,000.00 to paid on or before July 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. Referral of this matter to the NMSRC for any further action deemed necessary, in accordance with 15.2.3.8 (B)(3)(j) NMAC;

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

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 15.2.6.11(A) NMAC: Trainer Responsibility and 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (T) KNOWLEDGE OF RULES 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: OMAR GUTIERREZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-79 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 6/18/2017 Suspension End: 8/17/2017
Ruling Text: Trainer Omar Gutierrez having been duly notified, and appeared before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected at 93 pg/ml in the horse “Green Eye Girl” (Test Sample #: NM26776), who finished 2nd place in the 3rd race on April 22, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Omar Gutierrez. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

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

    1. A 60 day suspension of all NMRC licenses starting June 18, 2017, through August 17, 2017, inclusive.
    2. A ($1,500.00) fifteen hundred dollar fine to paid on or before July 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 (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 “Green Eye Girl” is placed on the Stewards list for a minimum 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.
During said time of applicable suspension, Omar Gutierrez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Omar Gutierrez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 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: OMAR GUTIERREZ Ruling Date: 6/23/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-83-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 7000 Fine Paid: N
Suspension Start: 2/18/2018 Suspension End: 2/17/2019
Ruling Text: RE: 2017-SRP-83 - Modified Ruling

Modified ruling to correct typo in Initial Ruling (Line 2)

Trainer Omar Gurierrez having been duly notified and appeared before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited class 2 penalty B drug “Caffeine” detected at 1,239 ng/ml (Limit 100ng/ml) and the prohibited class 4 penalty C drug Methylaminoantipyrine at 221,657 ng/ml (Dipyrone, Limit 1,000 ng/ml) the horse “I Wont Lose” (Test Sample #: NM26909), who finished in 1st place in the 1st race on May 7, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Omar Gutierrez. 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 Omar Gutierrez’s 4th Class B and 2nd Class C medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 1 year suspension of all NMRC licenses starting Febuary 18, 2018, through Febuary 17, 2019, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. A ($2,000.00) Two thousand dollar fine for the 2nd Class C violation. A ($5,000.00) Five thousand dollar fine for the 4th Class B violation. Total $7,000.00 to paid on or before July 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. Referral of this matter to the NMSRC for any further action deemed necessary, in accordance with 15.2.3.8 (B)(3)(j) NMAC;
During said time of applicable suspension, Omar Gutierrez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Omar Gutierrez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 15.2.6.11(A) NMAC: Trainer Responsibility and 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 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: OMAR GUTIERREZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-91 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/18/2022 Suspension End: 2/17/2023
Ruling Text: Trainer Omar Gutierrez having waived his rights to a 10-day notice of hearing, appeared before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected at 9,662 pg/ml in the horse “Meleros Cartel” (Test Sample #: NM27043), who finished in 3rd place in the 2nd race on May 28, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Omar Gutierrez. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Omar Gutierrez’s 8th Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 1 year suspension of all NMRC licenses starting Febuary 18, 2022, through Febuary 17, 2023, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. A ($5,000.00) Five thousand dollar fine to paid on or before July 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 (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 “Meleros Cartel” is placed on the Stewards list for a minimum period of 60 days (beginning June 9, 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. Referral of this matter to the NMSRC for any further action deemed necessary, in accordance with 15.2.3.8 (B)(3)(j) NMAC;

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

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 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.

16.47.1.10(B)(1) NMAC: Absolute Insurer: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (T) KNOWLEDGE OF RULES 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: OMAR GUTIERREZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-87 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 8000 Fine Paid: N
Suspension Start: 2/18/2020 Suspension End: 2/17/2021
Ruling Text: Trainer Omar Gutierrez having waived his right to a 10 day notice and appeared before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited class 2 penalty B drug “Caffeine” detected at 1398 ng/ml (Limit 100ng/ml) and the prohibited class 4 penalty C drug Methylaminoantipyrine at 410,363 ng/ml (Dipyrone, Limit 1000 ng/ml) the horse “Meleros Cartel” (Test Sample #: NM26877), who finished in 1st place in the 1st race on May 1, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Omar Gutierrez. 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 Omar Gutierrez’s 6th Class B and 4th Class C medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 1 year suspension of all NMRC licenses starting Febuary 18, 2020, through Febuary 17, 2021, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
    2. A ($3000.00) Three thousand dollar fine for the 3rd Class C violation. A ($5000.00) five thousand dollar fine for the 5th Class B violation. Total $8000.00 to paid on or before July 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. Referral of this matter to the NMSRC for any further action deemed necessary, in accordance with 15.2.3.8 (B)(3)(j) NMAC;

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

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

15.2.6.11(A) NMAC: Trainer Responsibility and 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (T) KNOWLEDGE OF RULES 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: OMAR GUTIERREZ Ruling Date: 6/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-89 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/18/2021 Suspension End: 2/17/2022
Ruling Text: Trainer Omar Gutierrez having waived his right to a 10 day hearing notice, and appeared before the Board of Stewards June 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected at 409 pg/ml in the horse “Signature of a Hero” (Test Sample #: NM27041), who finished in 8th place in the 9th race on May 26, 2017, at SunRay Park in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Omar Gutierrez. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

For Omar Gutierrez’s 7th Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

    1. A 1 year suspension of all NMRC licenses starting Febuary 18, 2021, through Febuary 17, 2022, inclusive. These dates are associated with other rulings, and may become effectively immediately if those rulings are amended.
    2. A ($5,000.00) Five thousand dollar fine to paid on or before July 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 (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 “Signature of a Hero” is placed on the Stewards list for a minimum period of 60 days (beginning June 7, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    4. Referral of this matter to the NMSRC for any further action deemed necessary, in accordance with 15.2.3.8 (B)(3)(j) NMAC;

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

This ruling is written in accordance with: 15.2.3.8 B (1)(3)(f)(g)(j) 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8 (T) KNOWLEDGE OF RULES 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: DELEON HUTCHISON Ruling Date: 6/14/2017
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 17-MON-13 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Having waived his right to a hearing Deleon Hutchinson is hereby fined the sum of fifty ($50.00) dollars for  falsification of his 2016 Stable Employee license.
 
In accordance with NJAC Rule 13L70-4.11- "Any person making a false, untrue or misleading statement on an application in connection with such an application may be disciplined as provided for in these rules and regulations".
Name: DULCESNOMBRES GUTIERREZ Ruling Date: 6/12/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-29 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 Duclesnombres Gutierrez having been duly notified and having appeared before the Board Of Stewards on June 11, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the following drugs: the class 4 penalty category C drug Dexamethasone, detected at a concentration of 93 pg/ml in the blood (allowable limit is 5 pg/ml in the blood) , the class 2 penalty category B drug “Caffeine” detected at a concentration of 1,158 ng/ml in the blood (allowable limit is 100 ng/ml in the blood) , and the class 4 penalty category C drug 4-Methylaminoatipyrine,a metabolite of Dipyron, detected at a concentration of 260,352 ng/ml in the urine (allowable limit is 1000 ng/ml in the urine). These drugs were found in test sample NM26257 taken from the 1st place finisherRS Corona First” following the 4th race, on April 14, 2017, at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer, Chris Marquez.

Chris Marquez is the trainer of record for horse “RS Corona First”, he was duly notified and appeared for this hearing. In accordance with rules 15.2.6.9 (B)(2)(4) Penalty Recommendations, this is Chris Marquez’s FIRST Lifetime Class 2B medication violation and FIRST Class 4C medication violation (in a 365 day period).

For Duclesnombres Gutierrez’s FIRST Lifetime Class 2B medication violation and FIRST Class 4C medication violation in a 365 day period, the Board of Stewards assessed a penalty as follows: The horse “RS Corona First” is hereby disqualified from FIRST PLACE and ordered unplaced from the 4th race, on April 14, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

                    1. Buds Black Dahila
                    2. Imma Kettle Too
                    3. Joe Leen
                    4. Ima Party Boy
                    5. Jesse Art
                    6. Taco Bay
                    7. Royale For Reel
                    8. Ha Fearless Version
Unplaced “RS Corona First

Licensee is found to be in violation of:15.2.6.9(C)(1) : Prima Facie Evidence /16.47.1.8 (U)(1) PROTECTION OF HORSES/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/ recommendations15.2.6.9 Attachment 2, Page 3 Threshold limit for Dexamethasone 5 pg/ml in the blood 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS/ 15.2.6.9 (F) (3) Dipyrone Levels: Uniform Classification Guidelines for Foreign Substances, Page 4- Classification of Dipyrone/15.2.6.9(H)(2) MEDICAL LABELING AND STATE STATUTES This ruling is written in accordance with:15.2.6.9 CLASS 4 UNIFORM CLASSIFICATION GUIDELINES /Uniform Classification Guidelines for Foreign Substances, Page #2/ /15.2.3.8(B)(3)(k) Purse Redistribution /15.2.5.13(E)(4)(d) Unplaced horses15.2.6.11(B) Trainer Responsibility/ 16.47.1.10 (C) (5) TRAINER RESPONSIBILITY/ 16.47.1.8 (L)(1)(i) – CONDUCT 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 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: CHRIS DAVID MARQUEZ Ruling Date: 6/11/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-28 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 4000 Fine Paid: Y
Suspension Start: 6/22/2017 Suspension End: 9/5/2017
Ruling Text: Trainer Chris Marquez having been duly notified and having appeared before the Board Of Stewards on June 11, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the following drugs: the class 4 penalty category C drug Dexamethasone, detected at a concentration of 93 pg/ml in the blood (allowable limit is 5 pg/ml in the blood) , the class 2 penalty category B drug “Caffeine” detected at a concentration of 1,158 ng/ml in the blood (allowable limit is 100 ng/ml in the blood) , and the class 4 penalty category C drug 4-Methylaminoatipyrine,a metabolite of Dipyron, detected at a concentration of 260,352 ng/ml in the urine (allowable limit is 1000 ng/ml in the urine). These drugs were found in test sample NM26257 taken from the 1st place finisherRS Corona First” following the 4th race, on April 14, 2017, at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Chris Marquez.

Duclesnombres Gutierrez is the owner of record for horse “RS Corona First”, he was duly notified and appeared for this hearing. In accordance with rules 15.2.6.9 (B)(2)(4) Penalty Recommendations, this is Mr. Gutierrez’s FIRST Lifetime Class 2B medication violation and FIRST Class 4C medication violation (in a 365 day period).

Aggravating circumstances: Multiple medications were in the horse’s system at the time of the race, the extremely high concentration level of 4-Methylaminoatipyrine, 4-Methylaminoatipyrine is not an FDA approved drug. It is a compounded drug and is manufactured outside of the United states. Mitigating Circumstances: trainers first medication violation

Considering the aggravating and mitigating circumstances, for Chris Marquez’s FIRST Lifetime Class 2B medication violation and FIRST Class 4C medication violation in a 365 day period, the Board of Stewards assessed the following penalties:

        1. Dexamethasone violation, A ($1,000) one thousand dollar fine per 15.2.6.9 (B)(4) Penalty Recommendations.
        2. Caffeine violation (considering AGGRIVATING and MITIGATING CURCUMSTANCES) A $1,000 fine and 45 day suspension of all NMRC licenses starting June 22, 2017, through August 5,2017, inclusive. Per 15.2.6.9 (B)(2) Penalty Recommendations.
        3. 4-Methylaminoatipyrine violation (considering AGGRIVATING CIRCUMSTANCES)A ($2,000) two thousand dollar fine and A 30 day suspension of all NMRC licenses starting August 6, 2017, through September 5, 2017, inclusive.

ALL fines are to paid on or before July 11, 2017, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension. During said time of applicable suspension, Chris Marquez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-c), Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Chris Marquez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Licensee is found to be in violation of:15.2.6.9(C)(1) : Prima Facie Evidence /16.47.1.8 (U)(1) PROTECTION OF HORSES/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/ recommendations15.2.6.9 Attachment 2, Page 3 Threshold limit for Dexamethasone 5 pg/ml in the blood 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS/ 15.2.6.9 (F) (3) Dipyrone Levels: Uniform Classification Guidelines for Foreign Substances, Page 4- Classification of Dipyrone/15.2.6.9(H)(2) MEDICAL LABELING AND STATE STATUTES This ruling is written in accordance with:15.2.6.9 CLASS 4 UNIFORM CLASSIFICATION GUIDELINES /Uniform Classification Guidelines for Foreign Substances, Page #2/ 15.2.6.11(A) NMAC: Trainer Responsibility/ 16.47.1.10(B)(1) NMAC: Absolute Insurer Trainer Responsibility/ 16.47.1.10 (C) (5) TRAINER RESPONSIBILITY/ 16.47.1.8 (L)(1)(i) – CONDUCT 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 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: RONAL H BOCANEGRA Ruling Date: 6/10/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 16-2017 DE Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: 16-2017

Hotwalker Ronal Boccanegra, RCI: 1443838, DOB 5/15/1979, is hereby fine the sum of One Hundred ($100.00) dollars for Falsification of his 2017 State License application. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1.

(Monetary fines not paid within the parameters of the official rulings are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly.)

Name: Jose A. Rodriguez Ruling Date: 6/21/2017
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22255 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Use of whip prior to race 6 on 6/2/2017 at delta Downs.
Name: JOHN JERRY ROBB Ruling Date: 5/19/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-87 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Ruling #48 issued on March 29, 2017 to O/T Robb is hereby rescinded. Accordingly, the fine imposed and paid is ordered to be refunded. The MMV points imposed shall be rescinded and removed from the trainers official record. If within a one year period from the issuance of this ruling, the trainer incurs a medication rule violation, the stewards shall consider that the trainer took the suspension imposed in Ruling #48 as a substantial mitigating factor in determining wheather or not to impose any suspension that may be triggered for that future vioaltion.

It is further ordered that the order of finish shall be restored as follows and all purse money redistributed as follows: Nice Try/Sherwood Forest/Lil'L Allstar/Jump for Trump/Bryana/Triple Crown

Name: ALFREDO MORRIS GOMEZ Ruling Date: 5/14/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-36 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 4500 Fine Paid: Y
Suspension Start: 5/14/2017 Suspension End: 11/10/2017
Ruling Text: Trainer: Alfredo M. Gomez, having been duly notified, and having appeared telefonically before the Board of Stewards May 13, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for confirmed positives of Clenbuterol at 383pg/ml and Carbazachrome at 10 ng/ml for the horse Klassic Strawfly (sample #NM25189), in the 9th race March 10, 2017, in the 30th QH West Texas Maturity at Sunland Park.

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

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

Name: YANETH CABRERA Ruling Date: 5/13/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-34 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner: Yaneth Cabrera, having been duly notified, and having failed to appear, had her hearing held in absentia before the Board of Stewards May 13, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for confirmed positives of Clenbuterol at 383pg/ml and Carbazachrome at 10 ng/ml for the horse Klassic Strawfly (sample #NM25189), in the 9th race March 10, 2017, in the 30th QH West Texas Maturity at Sunland Park.

Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to trainer Alfredo Gomez and confirmed by Industrial Laboratories. This is in violation of: 15.2.6.9. D. MEDICATION RESTRICTIONS: (2) Drugs or medications in horses are permissible, provided: the drug or medication is listed by the association of racing commissioners international's drug testing standards and practices program; the maximum permissible urine or blood concentration of the drug or medication does not exceed the published limit. (4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. (5) Any horse that is the subject of a positive test report from the official laboratory for a drug in one of the following categories shall be placed immediately on the steward’s list: (c) clenbuterol or other beta-agonist drugs with significant anabolic effects that are not currently penalty class A drugs;

This is Yaneth Cabrera's 4th lifetime Class 3B medication violation in accordance with 15.2.6.9 (L)NMAC.The Board of Stewards assessed Yaneth Cabrera a penalty as follows.

1. A ($5,000) five thousand dollar fine to paid on or before June 13, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension. 2. Pursuant to rules 15.2.6.9(D)(5)(c), 15.2.6.9 (D)(6), and 15.2.6.9(D)(7), the horse was placed on the Stewards list for a period of 60 days (March 29, 2017 through May 28, 2017 inclusive), during this period the papers were removed from the racing office and the horse was denied entry until they passed a commission approved veterinary examination (which was negative) before being eligible to enter.

    1. The horse “Klassic Strawfly” is hereby disqualified from FIRST PLACE and ordered unplaced from the 9th race on March 10, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Jm Apollo
                2. May Be Fantastic
                3. Walken to the Moon
                4. Rattle N Battle
                5. Flare for Ivory
                6. Sf Hot Pass
                7. Fine Oak Corona
                8. Once Over
Unplaced “Klassic Strawfly

15.2.6.9. C. Penalty recommendations (2) Category B penalties will be assessed against a owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows:Third Lifetime offense- Disqualification, loss of purse, and in the absence of mitigating circumstances a $5,000 fine,and must pass a commission-approved examination before becoming eligible to be entered. 15.2.3.8 B (3)(f) Stewards Disciplinary Action 16.47. 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JORGE LUIS CARRILLO Ruling Date: 4/4/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-176 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 Jorge Carrillo having been duly notified, failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d) before the Board of Stewards on April 2, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Gimmie A Reason”(Test Sample #: NM23773), who flipped in the gate and was scratched from the 7th race on February 3, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on March 3, 2017.

Adam Tapia, the trainer of record for horse “Gimmie A Reason”, was duly notified and appeared with witness’s Gary Roybal and Robert Rivera for this hearing. In accordance with 15.2.6.9 (B)(2), this is Mr. Tapia’s FIRST Class 3B medication violation in a lifetime.

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

    1. 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 “Gimmie A Reason” is placed on the Stewards list for a period of 60 days (beginning February 22, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

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

Name: ADAM A TAPIA Ruling Date: 4/4/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-175 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/13/2017 Suspension End: 5/12/2017
Ruling Text: Trainer Adam Tapia having been duly notified and having appeared with witness’s Gary Roybal and Robert Rivera before the Board of Stewards on April 2, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Gimmie A Reason”(Test Sample #: NM23773), who flipped in the gate and was scratched from the 7th race on February 3, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on March 3, 2017.

Jorge Carrillo, the owner of record for horse “Gimmie A Reason”, was duly notified and failed to appear for this hearing. In accordance with 15.2.1.9(B)(4)(d) and 15.2.6.9 (B)(2), this is Mr. Carrillo’s SECOND Class 3B medication violation in a lifetime.

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

    1. A 30 day suspension of all NMRC licenses starting April 13, 2017 through May 12, 2017, inclusive.
    2. A ($750) seven hundred and fifty dollar fine to paid on or before May 4, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Gimmie A Reason” is placed on the Stewards list for a period of 60 days (beginning February 22, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

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

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

Name: DANIEL CABALLERO Ruling Date: 3/31/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-156 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owners Julio Caballero, Daniel Caballero, and Rafeal Caballero, having been duly notified, failing to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d), before the Board of Stewards on March 25, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Looking For Girls”(Test Sample #: NM23854), who finished 2nd place in the 8th race on February 10, 2017, at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Miguel Castillo.

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

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

    1. 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 “Looking For Girls” is placed on the Stewards list for a period of 60 days (beginning March 3, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Looking For Girls” is hereby disqualified from SECOND PLACE and ordered unplaced from the 8th race on February 10, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Fast Lady’s Man
                2. Jess A Dynasty
                3. Cautionsly
                4. Grc Justplainazoom
                5. Jess Wilson
                6. Bringing the Gray
                7. Chief Coronas Charm
                8. Scoot With Da Loot
                9. Pitchin Woo
Unplaced “Looking For Girls

Licensee is found in violation of :15.2.6.9(C)(1-2-3): Prima Facie Evidence/ 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/ 16.47.1.8 (U)(1) PROTECTION OF HORSES/ 15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance with: 15.2.3.8(B)(3)(k) Purse Redistribution 15.2.5.13(E)(4)(d): Stewards Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority/16.47.1.8 (A)(1) License Required/ 16.47.1.8 (A)(2) License Required/ 16.47.1.8(N) Last Known Address15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: IRENE ENRIQUEZ Ruling Date: 3/31/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-162 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 Irene Enriquez, having been duly notified and having appeared before the Board of Stewards on March 25, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “Prophetic Love(test sample #NC26374) during Out Of Competition Testing on February 15, 2017, at Sunland Park Racetrack in Sunland Park NM . Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Miguel Castillo.

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

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

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

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

Name: JOHN JERRY ROBB Ruling Date: 3/29/2017
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2017-CT-48 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 4/3/2017 Suspension End: 5/17/2017
Ruling Text: On March 24, 2017 BOS offered a hearing to which Robb waived his right, regarding allegations set forth of NOH issued March 24, 2017. The blood sample #256049, taken on 3/10/17 contained Naproxen. The sample contained 11.8ng/ml. The sample was taken from the 4 horse, Nice Try, which ran in the 5th Race on 3/10/17, finishing First. Robb elected not to have a spilt sample tested. The permit holder has accumulated 1 point (Dimethyl Sulfoxide) as a result of Ruling #118 on July 9, 2016/MD. Mr Robb is assesed 2 points for the Naproxen violation. Based on the above, Mr Robb's horse Nice Try will be disqualified from all purse money and will have a total of 3 points on his record, with the Naproxen positive being his second medication violation in 365 days. Mr. Robb is fined $1500.00 dollars and is given a 15 day suspension and an enhanced penalty of 30 days for having accumulated a total of 3 points on his record, for a total of 45 day suspension, starting , Monday, April 3, 2017 through and including Wednesday, May 17, 2017. Re-distribution of purse: Sherwood Forest/Lil'Lallstar/Jump for Trump/Bryana/Win Wish

Name: ELLIOTT LLOYD BACHICHA Ruling Date: 3/9/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-3 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 3/17/2017 Suspension End: 3/17/2018
Ruling Text:
 
 
BEFORE THE RACING COMMISSION
 
 
IN THE MATTER OF:
 
TRAINER ELLIOT BACHICHA, LICENSE NO. 56083329,
FOR POSITIVE SAMPLE #NM10282
OWNERS ROBERT BACA, MARCELINO ORTIZ
HORSE “PERRY TEES JET”,
 
Respondents.
 
 
DECISION AND ORDER
 
            WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on February 16, 2017, on review of the hearing officer’s report regarding the above named Appellant;
           WHEREAS, proper notice was given to those parties entitled to notice;
           WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material;
 WHEREAS, the hearing officer’s report is attached to this Decision and Order;
WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law;
WHEREAS, the Commission finds that Appellant’s actions constitute a violation of New Mexico Racing Commission Rules;
WHEREAS the Commission finds there to be sufficient evidence to support the finding of violations on behalf of Appellant;
WHEREAS the Commission voted unanimously to adopt the penalty recommendations of the Hearing Officer and to incorporate additional conditions.
 
IT IS THEREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Zilpaterol) in a horse he is training. As such, Appellant, the Owners, and the horse “Perry Tees Jet” shall be assessed penalties as follows with conditions as follows:
      1. Appellant Trainer Bachicha is assessed a fine in the amount of twenty-five thousand dollars ($25,000) to be paid prior to appearing before the Commission as set forth in IV below;
      2. Appellant Trainer Bachicha is assessed a suspension of one (1) year;
      3. Once eligible, Appellant Trainer Bachicha must retake and pass the trainer’s test prior to the suspension of his license being lifted;
      4. Once eligible, Appellant Trainer Bachicha must personally appear before the Commission prior to the suspension of the license being lifted and after having taken and passed the trainer’s test. Appellant Trainer Bachicha must request to be placed on the Agenda;
      5. Appellant Trainer Bachicha is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;
      6. Loss of the purse for the horse “Perry Tees Jet which placed 1st in the 1st race at the Downs at Albuquerque on October 26, 2014;
      7. The horse be placed on the veterinarian’s list for ninety (90) days; and
      8. The horse must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.
This Decision and Order shall be served upon Appellant Trainer Bachicha in accordance with law.  This Order will take effect on March 17, 2017. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.
IT IS SO ORDERED.
Name: CLAUDE ESTELL CECIL Ruling Date: 2/28/2017
Jurisdiction: West Virginia Racing Commission Facility: West Virginia Racing Commission
Ruling Number: 2017-Comm-4 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/28/2017 Suspension End:
Ruling Text: BEFORE THE WEST VIRGINIA RACING COMMISSION

IN THE MATTER OF THE PERMIT APPLICATIONS OF DENISE SANDERSON AND CLAUDE CECIL

ORDER DENYING PERMIT APPLICATIONS

On January 24, 2017, the appl ication of Denise Sanderson for a tra iner permit and the appl ication of Claude Ceci l for a pony rider permit were again before the West Virgi nia R acing Commission for consideration. Such permit applications were prev iously befon: the Commission on June 21 , 2016 at which time the applications were denied, as reflected in the attached Order Denying Permit Applications entered on June 28, 2016. The applications came before the Racing Commission on June 21 , 2016 after referral by the Mou ntaineer Board of Stewards pu rsuant to 178 W. Va. C.S.R. l , § 24.1.b., which provides that applicaiions for occupational perm its may be referred by the Stewards to the R acing Comm ission for a determination. On October 14, 2015, the Mou ntaineer Board of Stewards conducted a hearing regard ing allegations that Denise Sanderson and Claude Cecil failed to provide the proper med ical care to and neglected a horse named "Blitzana" after it sustained an injury resulting in lacerations and a cut a1tery. Ms. Sanderson and Mr. Ceci l were also alieged to have left the horse in a stal: in which they failed to remove manure and used bedding resulti ng i n deplo1able conditions. Specifically, in late September 2015, the horse sustained multiple lacerations on the right hind leg and sustained a small severed aitery after having fallen through the floor of a trai ler. Thereafter, Ms. Sanderson and Mr. Ceci l placed the horse in a stall at the racetrack and left the horse without seeking veterinary care. After others caused veteri nary care to be given to the horse, Ms. Sanderson and Mr. Cecil failed to tend to the horse's wounds by cleani ng and

changing bandages, as was appropriate. The Thoroughbred Raci ng Rule, 178 W. Va. C.S.R. I ,

§ 24.1 1.q., prov ides that the Racing Comm ission and/or the Stewards may take action against occu pational perm it holders who have "abandoned, mistreated, abused, neglected or engaged i n an act of cruelty to a horse." Also, i n observing the cond ition of the horse, a Racing Commission veterinarian reported that "Blitzana" was in a dirty stall that had not had its used bedd ing and manure removed on a dai ly basis. The Thoroughbred Racing Rule, 178 W. Va. C.S.R. I , § 22.9.b., requires that ''[a]il used bedd ing and man ure shall be removed from the stalls dai ly and shall be deposited at a place designated by the association." After the hearing was concluded, on October 20, 2015, the Mountaineer Board of Stewards issued Ruling #200 against Ms. Sanderson in which it found her responsible for the conduct/rule violations discussed above, revoked her perm it, and denied her access to association grounds under the jurisdiction of the Racing Comm ission. On October 21, 201 5, the Board of Stewards issued Rul ing #202 against Mr. Ceci l revoking his permit and denying grounds access to him on the same basis. Ms. Sanderson and Mr. Cecil did not appeal the ru lings issued against them by the Board 1Jf Stewards. However, in J une 2016, they sought to ha ve perm its issued to them approxi mately eight months after their respective revocations. In its June 28, 2016 Order, the Racing Commission fou nd no basis upon which the revocations imposed by the Board of Stewards should be disturbed or removed given the serious nature of the neglect of and lack of treatment for the horse "Blitzana." At present, Ms. Sanderson and Mr. Cecil have failed to prod uce any information which

would cause the West Virginia Racing Commission to revisit its decision reflected in its June 28, 201 6 Order. Indeed, it has not even been a fu ll year since the Comm ission den ied the permi t appl ications of Ms. Sanderson and Mr. Ceci l in Ju ne 2016. Accord ingly, the Racing Commission voted on Jan uary 24, 2017 to aga in deny the issuance of perm its to Ms. Sanderson and Mr. Ceci l. WHEREFORE, based upon the foregoing, the West Vi rgin ia Racing Commission does hereby DENY the permit appl ications of Denise Sanderson and- Clatfde Cecil atfd does hereby ORDER that such permits shall continue to be REVOKED. Further, the Racing Commission ORDERS that Denise Sanderson and Claude Cecil shal l continue to be DENIED ACCESS to association grou nds under the jurisd iction of the Racing Commission. It is ORDERED that this Order shall be reported to the Association of Raci ng Commissioners International (ARCl) so that other racing jurisd ictions shall have access to this Order and may act accord ingly. It is further ORDERED that Denise Sanderson and Mr. Ceci l shall not be eligible to apply for racing permits for a period of one (1) year from the date of the issuance of this Order. You are hereby notified that if you are adversely affected by this Order, you are entitled to req uest a hearing thereon by filing a written demand with the West Virginia Racing Comm ission, 900 Pennsylvania Avenue, Suite 533, Charleston, West Vit'gi nia 25302. Such demand mu.;t be received in the office of the Raci ng Comm ission withi n twenty days after you receive this Order. Reasonable security of $500.00 must be paid to the Racing Commission and must accompany your demand for a heari ng. lf you do not substantially prevail at any hearing that you demand, the costs of the hearing may be assessed against you pursuant to West Virginia Code § 19-23-16(c).

Name: DAVID A ALVAREZ Ruling Date: 11/30/2016
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 21975 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Whipped his mount behind the starting gate.
Name: Lane Raymond Gardipy Ruling Date: 11/4/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-165 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: 11/3/2016 Suspension End: 12/2/2016
Ruling Text:
Fail Drug Test - Marijuana
Name: Lane Raymond Gardipy Ruling Date: 11/4/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-165-FO Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: 11/3/2016 Suspension End: 12/2/2016
Ruling Text: RE: 2016-CENT-165 - Ruling Final Outcome
Name: Lane Raymond Gardipy Ruling Date: 11/4/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-166 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 12/3/2016 Suspension End: 12/2/2016
Ruling Text:
Possession of Needles, Syringes in Trailer in Barn Area
Name: Lane Raymond Gardipy Ruling Date: 11/4/2016
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2016-CENT-166-FO Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 12/3/2016 Suspension End: 12/2/2016
Ruling Text: RE: 2016-CENT-166 - Ruling Final Outcome
Name: TRACIE C AKER Ruling Date: 10/16/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-54 Ruling Type: Financial Obligation/Restoration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: TRACIE COLLEEN AKER is hereby restored to good standing after fulfilling her financial obligation to Equine Sports Medicine on October 13, 2016, in the mount of $8,148.19 dollars (Eight thousand, one hundred forty eight dollars, and nineteen cents).

15.2.3.8 B (3)(f) Stewards Disciplinary Action 16.47. 15.2.3.8 B (1) (d) Stewards General authority 16.47.1.8. T. KNOWLEDGE OF RULES: 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ARNULFO ASCENCIO Ruling Date: 9/23/2016
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2016-NMS-35 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/23/2016 Suspension End: 5/15/2018
Ruling Text:
 
Owner/Trainer Arnulfo Ascencio Jr. DOB 04/28/1981 having failed to pay the fines assessed in Rulings#2016-RUI-172, 2016-RUI-173: at Ruidoso Downs racetrack is found to be in violation of Commission rules.
Mr. Ascencio failed to pay his fine by the time prescribed in accordance with
 
15.2.3.8  FLAT RACING OFFICIALS GENERAL PROVISIONS:
 
 B. Stewards
  (3) Disciplinary action
   (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered
 T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules
 
For this rule violation, all licenses issued to him are suspended, and he will be ineligible to apply for a New Mexico Racing Commission license until the fine has been paid in full.”
Name: ARNULFO ASCENCIO Ruling Date: 9/3/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-197 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Arnulfo Ascencio Jr having been duly notified, failing to appear, and had his hearing held in absentia before the Board of Stewards on September 3, 2016, for missing Lasix for his entry, Red Dirt Rookie, which resulted in a late scratch and mutuel refund in the first race on August 15, 2016 at Ruidoso Downs.

For this violation, the Board of Stewards assessed Arnulfo Ascencio Jr a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before October 3, 2016, in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension Trainer Arnulfo Ascencio Jr is found to be in violation of.

15.2.6.8 (E) (3) The use of furosemide (Salix) shall be permitted under the following circumstances on association grounds where a detention barn is not utilized: furosemide (Salix) shall be administered no less than three hours prior to post time for a quarter horse race for which the horse is entered and no less than four hours prior to post time for a thoroughbred race for which a horse is entered; the horse must be logged in at the stable gate with time and location no less than one hour prior to administration; the furosemide (Salix) dosage administered shall not exceed 250 milligrams nor be less than 100 milligrams for horses entered in a quarter horse race and the furosemide (Salix) dosage administered shall not exceed 500 milligrams nor be less than 150 milligrams for horses entered in a thoroughbred race; the trainer of the treated horse shall cause to be delivered to the official veterinarian or his/her designee no later than one hour prior to post time for the race for which the horse is entered the following information under oath on a form provided by the commission: the racetrack name, the date and time the furosemide (Salix) was administered to the entered horse; the dosage amount of furosemide (Salix) administered to the entered horse; the printed name and signature of the attending licensed veterinarian who administered the furosemide (Salix).

15.2.6.9(E) (2) The use of furosemide (Salix) shall be permitted under the following circumstances on association grounds where a detention barn is utilized: furosemide (Salix) shall be administered no less than three hours prior to post time for a quarter horse race for which the horse is entered and no less than four hours prior to post time for a thoroughbred race for which a horse is entered. A horse qualified for a furosemide (Salix) administration must be brought to the detention barn one hour prior to the three-hour or four-hour administration requirement specified above. After treatment, the horse shall be required by the commission to remain in the detention barn in the care, custody and control of its trainer or the trainer's designated representative under association or commission security supervision until called to the saddling paddock. 15.2.4.9 (B)(4) No horse may be scratched from an overnight race without approval of the stewards. (5) In overnight races, horses that are physically disabled or sick shall be permitted to be scratched first. Should horses representing more than eight betting interests in the daily double or exotic wagering races, or horses representing more than eight betting interests in any other overnight race, remain in after horses with physical excuses have been scratched, then owners or trainers may be permitted at scratch time to scratch horses without physical excuses down to such respective minimum numbers for such races. This privilege shall be determined by lot if an excessive number of owners or trainers wish to scratch their horses. 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check." 15.2.1.9(B)(4)(d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards. The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection.

Name: Ronald Lynn Stephens Ruling Date: 8/29/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-183 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Ronald Stephens having been duly notified and having responded telephonically before the Board of Stewards on August 29, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive during out of competition testing taken at Ruidoso Downs on June 12, 2016, for the Class 3B drug “clenbuterol” detected in horse “La Montesa”, sample #NC32531 . Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Ronald Stephens. Brayan Marquez is the owner of record for horse “La Montesa” which was the subject of the clenbuterol positive for out of competition testing . ­­ Brayan Marquez was duly notified and failed to appear for this hearing. Ronald Stephens is found to be in violation of: 15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.9 MEDICATIONS AND PROHIBITED SUBSTANCESK. OUT OF COMPETITION TESTING: (1) A horse may be subject to out of competition testing without advance notice if the horse is: (a) on the grounds of a racetrack or training center under the jurisdiction of the commission (b) under the care or control of a trainer or owner licensed by the commission; or (c) any horse whose papers are filed in the racing office; or (d) has been nominated to a stakes race.(2) This rule applies to prohibited substances, practices and procedures are as follows (a) class 1, class II and class III drugs as listed with the New Mexico racing commission;(b) blood doping agents including, but not limited to, erythropoietin (EP), darbepoetin, oxylglobin, hempure, aranasep or any substance that abnormally enhances the oxygenation of body tissues; and (c) gene doping agents or the non-therapeutic use of genes, genetic elements, or cells that have the capacity to enhance athletic performance or produce analgesia (4) Horses to be tested may be selected at random, with probable cause or as determined by the commission or an agent of the commission (5) The commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, may at any time take a urine, blood or hair sample from a horse for this purpose (6) Split samples shall be collected in accordance with Subsection B of 15.2.6.10 NMAC and shall be secured and made available for further testing in accordance with Subsection D of 15.2.6.10 NMAC.(7) 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 (8) Any licensee who does not comply with the rule or the commission veterinarian for a sample may be subject to disciplinary action.(9) Cooperation with the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, includes: (a) assisting in the immediate location and identification of the horse selected for out of competition testing; and (b) assisting the veterinarian in properly procuring the samples (10) Out of competition samples will be sent to the official laboratory of the commission, or another laboratory as designated by the commission, with reports made in accordance with the provisions of the medication rules and the penalty provisions therefore L. OUT OF COMPETITION PENALTY RECOMMENDATIONS: (1) The penalty for any horse not presented for testing upon notification is a maximum suspension of 120 days. (2)The penalty for the trainer of a horse not presented for testing upon notification is a maximum suspension of 180 days.(3) The penalty for any horse with a positive test is a maximum suspension of 120 days and the horse’s papers will be removed from the racing office. (4) The penalty for the trainer of a horse with a positive test is a maximum $1,500 fine and a maximum suspension of 180 days. 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

For this first out of competition testing Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed Ronald Stephens a penalty as follows.

1. A 60 day suspension of all NMRC licenses beginning September 8, 2016 through November 7, 2016, inclusive. 2. ($1,000) one thousand dollar fine to be paid on or before September 29, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension. 3. The horse “La Montesa” is hereby placed in the Stewards list for a period of 60 days ( starting August 29, 2016), during this period the papers must be removed from the racing office and horses are denied entry until they must pass a commission approved veterinary examination before being eligible to enter.

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

Name: Ronald Lynn Stephens Ruling Date: 8/29/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-184 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Ronald Stephens having been duly notified and having responded telephonically before the Board of Stewards on August 29, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive during out of competition testing taken at Ruidoso Downs on June 12, 2016, for the Class 3B drug “clenbuterol” detected in horse “Whilowah”, sample #NC32532 . Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Ronald Stephens. Cesar Marquez is the owner of record for horse “Whilowah” which was the subject of the clenbuterol positive for out of competition testing . ­­ Cesar Marquez was duly notified and failed to appear for this hearing. Ronald Stephens is found to be in violation of: 15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.9 MEDICATIONS AND PROHIBITED SUBSTANCESK. OUT OF COMPETITION TESTING: (1) A horse may be subject to out of competition testing without advance notice if the horse is: (a) on the grounds of a racetrack or training center under the jurisdiction of the commission (b) under the care or control of a trainer or owner licensed by the commission; or (c) any horse whose papers are filed in the racing office; or (d) has been nominated to a stakes race.(2) This rule applies to prohibited substances, practices and procedures are as follows (a) class 1, class II and class III drugs as listed with the New Mexico racing commission;(b) blood doping agents including, but not limited to, erythropoietin (EP), darbepoetin, oxylglobin, hempure, aranasep or any substance that abnormally enhances the oxygenation of body tissues; and (c) gene doping agents or the non-therapeutic use of genes, genetic elements, or cells that have the capacity to enhance athletic performance or produce analgesia (4) Horses to be tested may be selected at random, with probable cause or as determined by the commission or an agent of the commission (5) The commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, may at any time take a urine, blood or hair sample from a horse for this purpose (6) Split samples shall be collected in accordance with Subsection B of 15.2.6.10 NMAC and shall be secured and made available for further testing in accordance with Subsection D of 15.2.6.10 NMAC.(7) 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 (8) Any licensee who does not comply with the rule or the commission veterinarian for a sample may be subject to disciplinary action.(9) Cooperation with the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, includes: (a) assisting in the immediate location and identification of the horse selected for out of competition testing; and (b) assisting the veterinarian in properly procuring the samples (10) Out of competition samples will be sent to the official laboratory of the commission, or another laboratory as designated by the commission, with reports made in accordance with the provisions of the medication rules and the penalty provisions therefore L. OUT OF COMPETITION PENALTY RECOMMENDATIONS: (1) The penalty for any horse not presented for testing upon notification is a maximum suspension of 120 days. (2)The penalty for the trainer of a horse not presented for testing upon notification is a maximum suspension of 180 days.(3) The penalty for any horse with a positive test is a maximum suspension of 120 days and the horse’s papers will be removed from the racing office. (4) The penalty for the trainer of a horse with a positive test is a maximum $1,500 fine and a maximum suspension of 180 days. 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

For this second out of competition testing Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed Ronald Stephens a penalty as follows.

1. A 90 day suspension of all NMRC licenses beginning November 8, 2016 through February 6, 2017, inclusive. 2. ($1,500) one thousand five hundred dollar fine to be paid on or before September 29, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension. 3. The horse “Whilowah” is hereby placed in the Stewards list for a period of 60 days (starting August 29, 2016), during this period the papers must be removed from the racing office and horses are denied entry until they must pass a commission approved veterinary examination before being eligible to enter.

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

Name: ARNULFO ASCENCIO Ruling Date: 8/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-172 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Arnulfo Ascencio Jr, having been duly notified, having failed to appear, and had his hearing held in absentia before the Board of Stewards on August 21, 2016 for failure to have sufficient works for entry “Red Dirt Rookie” in the ninth race August 5, 2016 at Ruidoso Downs.

Arnulfo Ascencio Jr is found to be in violation of:

15.2.5.11 WORKOUTS: A. REQUIREMENTS:(1) A non-starter must have had within sixty (60) days of entry one (1) approved official schooling race or at least two (2) workouts recorded at a pari mutuel or commission recognized facility and posted with the racing secretary prior to time of race, one (1) of the two (2) workouts shall be from the starting gate, and be gate approved. It shall be the trainer's responsibility to establish validity as to workouts and gate approvals. (2) Any horse which has started, but not within six (6) months, must have one (1) official workout from the starting gate or must have proof of standing the horse at least one (1) time within a sixty (60) day period. Any horse which has started, but not within sixty (60) days, must have at least one (1) workout within sixty (60) days prior to time of race. Horses that have not started within six (6) months of entry must have at least two (2) approved workouts within the sixty (60) days. (3) Horses that have never raced around the turn will be required to have within thirty (30) days prior to time of race, at least one (1) workout at 660 yards or farther. Horses that have previously started in a race around the turn, but not within sixty (60) days, will be required to have at least one (1) workout at 660 yards or farther prior to time of race. 15.2.5.12 (L) NMAC: Which states in pertinent part “A horse shall be ineligible to start in a race when it lacks official published workouts”. 16.47.1.10 (C)(18) NMAC: Which states in pertinent part “The Trainer is responsible for horses entered as to eligibility, weight, or other allowances claimed”. 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check." 15.2.1.9(B)(4)(d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards. The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection.

For this rule violation, the Board of Stewards assessed Arnulfo Ascencio Jr a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before September 22, 2016, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Name: ARNULFO ASCENCIO Ruling Date: 8/22/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-173 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 9/2/2016 Suspension End: 9/17/2016
Ruling Text: Trainer Arnulfo Ascencio Jr., having been duly notified, having failed to appear, and had his hearing held in absentia before the Board of Stewards on August 21, 2016 for falsification of identification of the horse “Red Dirt Rookie” in an official workout the morning of August 5, 2016 at Ruidoso Downs.(Trainer identified a horse as “Red Dirt Rookie” for an official workout on August 5, 2016. The clocker’s requested for the official outrider to identify the horse in question; after reading the lip tattoo it was determined that the horse in question was not Red Dirt Rookie.) Arnulfo Ascencio Jr is found in violation of Commission rules For this rule violation, the Board of Stewards assessed Arnulfo Ascencio Jr a penalty of
    1. A fine in the amount of one thousand dollars ($1000.00). The fine is to be paid on or before September 22, 2016, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.
    2. A suspension of al NMRC licenses for 15 days starting September 1, 2016 through September 17, 2016 inclusive
During said time of applicable suspension, Arnulfo Ascencio Jr is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Arnulfo Ascencio Jr are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.Arnulfo Ascencio Jr is found to be in violation of: 15.2.5.11 WORKOUTS: A. REQUIREMENTS:(1) (2) Any horse which has started, but not within six (6) months, must have one (1) official workout from the starting gate or must have proof of standing the horse at least one (1) time within a sixty (60) day period. Any horse which has started, but not within sixty (60) days, must have at least one (1) workout within sixty (60) days prior to time of race. Horses that have not started within six (6) months of entry must have at least two (2) approved workouts within the sixty (60) days. 15.2.5.11 B. IDENTIFICATION: (1) Each horse must be properly identified prior to its participation in an official timed workout 16.47.1.10 B. ABSOLUTE INSURER: (1) The trainer is the absolute insurer of the condition of horses entered in an official workout 16.47.1.8(L)(1)(h) NMAC: Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued or order disciplinary measures, if the applicant is a person whose conduct or reputation may reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meet. Interfering with the orderly conduct of the race meet shall include, but not limit to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds. The fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule.” 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.1.9(B)(4)(d) Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the stewards. The stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent, in compliance with this subsection. 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: SERGIO P ROMAN Ruling Date: 8/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-97 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 9/8/2016 Suspension End: 12/7/2016
Ruling Text: Trainer/Owner, Sergio Roman, having been duly notified, and failing to appear before the Board of Stewards on 8/17/16, 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 NM19788, after it was collected from the horse "FM Miss James" which finished 2nd in the 7th race, June 10, 2016 at SunRay Park.

(The original lab report indicated a finding of Clenbuterol in urine at 674pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and accepted by, Sergio Roman. The split was confirmed positive by Industrial Laboratories with a finding of 654pg/ml +/- 15 pg/ml in urine). With this drug, no level of detection is allowed to be found in a post-race sample.

Sergio Roman 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 Sergio Roman a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of 90 calendar days (September 8, 2016 through December 7, 2016, Inclusive); (2) A fine in the amount of two thousand dollars ($2,000.00.); (3) Loss of purse of the 7th race, June 10, 2016, at SunRay Park. New Order of Finish: 1st Ms Josie Wales 5th Konas Streaker 2nd Famous Crawdaddy 6th Brooks Bad Boy 3rd First Moon Fire 7th Sukis Super Chic 4th Rb R Amego Unplaced: Fm Miss James Scratched:Bet the Sixes and Jess B Content (4) Horse “Fm Miss James must pass a commission approved examination before entry.

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, Sergio P. Roman is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a) 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 Sergio P. Roman 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: DENNIS WATSON Ruling Date: 12/11/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 16MDH61-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 8/15/2016 Suspension End: 10/13/2016
Ruling Text: RE: 16MDH61 - Appeal Stay Granted Pending the Appeal Process
Name: DENNIS WATSON Ruling Date: 8/9/2016
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 16MDH61 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 8/15/2016 Suspension End: 10/13/2016
Ruling Text:
As a result of the administrative hearing conducted on Friday, July 8, 2016 at the Meadowlands Racetrack, the Board of Judges has determined that:
 
Dennis Watson was the trainer of the horse "INSANE IN SPAIN" when it raced at Freehold Raceway on April 21, 2016;
 
Dennis Watson was the trainer of the horse "VICTORY AHEAD" when it raced at Freehold Raceway on April 28, 2016;
 
Dennis Watson was the trainer of the horse "INSANE IN SPAIN" when it raced at Freehold Raceway on April 28, 2016;
 
Dennis Watson was the trainer of the horse "CORONATIONS K" when it raced at Freehold Raceway on April 29, 2016;
 
As the programmed trainer of the horses "INSANE IN SPAIN", "VICTORY AHEAD", and "CORONATIONS K" in their respective races on the dates noted above, Mr. Watson is the absolute insurer of and responsible for the condition of all horses within his care and custody.  He is obligated to protect and guard the horse against the administration of any drug or substance foreign to the natural horse and shall not enter or start a horse that has in its body and drug or foreign substance;
 
The post-race urine sample collected from the horse "INSANE IN SPAIN" on April 21, 2016, identified the presence of the prohibited substance O-Desmethylpyrilamine.  The presence of O-Desmethylpyrilamine in the horse "INSANE IN SPAIN" on April 21, 2016 is in direct violation of N.J.A.C. 13:71-23.1.  The horse "INSANE IN SPAIN" finished 1st on April 21, 2016 and, consistent with N.J.A.C. 13:71-23.7, "INSANE IN SPAIN" is hereby disqualified from sharing in the purse.  The purse is hereby ordered to be redistributed among the remaining eligible finishers.  As a result of the post-race positive test of the horse "INSANE IN SPAIN" on April 21, 2016, Trainer Dennis Watson is in direct violation of N.J.A.C. 13:71-23.6(a)(b)(c)(d) and is hereby suspended for a period of 15 days and fined the sum of $500.  In addition to the penalty issued, 2 multiple medication violation (MMV) points as recommended by the Association of Racing Commissioners, shall be assigned as a result of this class B violation;  
 
  The post-race blood and urine samples collected from the horse "VICTORY AHEAD" on April 28, 2016, identified the presence of the prohibited substances Pyrilamine, O-Desmethylpyrilamine, Phenylpropanolamine, and Pseudoephedrine.  The presence of Pyrilamine, O-Desmethylpyrilamine, Phenylpropanolamine, and Pseudoephedrine in the horse "VICTORY AHEAD" on April 28, 2016 is in direct violation of N.J.A.C. 13:71-23.1.  The horse "VICTORY AHEAD" finished 1st on April 28, 2016 and, consistent with N.J.A.C. 13:71-23.7, "VICTORY AHEAD" is hereby disqualified from sharing in the purse.  The purse is hereby ordered to be redistributed among the remaining eligible finishers.  As a result of the post-race positive test of the horse "VICTORY AHEAD" on April 28, 2016, Trainer Dennis Watson is in direct violation of N.J.A.C. 13:71-23.6(a)(b)(c)(d).  Having considered mitigating factors, Mr. Watson is hereby suspended for a period of 15 days and fined the sum of $500.  In addition to the penalty issued, 2 multiple medication violation (MMV) points as recommended by the Association of Racing Commissioners, shall be assigned as a result of this class B violation;
 
The post-race blood and urine samples collected from the horse "INSANE IN SPAIN" on April 28, 2016, identified the presence of the prohibited substance Pyrilamine.  The presence of Pyrilamine in the horse "INSANE IN SPAIN" on April 28, 2016 is in direct violation of N.J.A.C. 13:71-23.1.  The horse "INSANE IN SPAIN" finished 3rd on April 28, 2016 and, consistent with N.J.A.C. 13:71-23.7, "INSANE IN SPAIN" is hereby disqualified from sharing in the purse.  The purse is hereby ordered to be redistributed among the remaining eligible finishers.  As a result of the post-race positive test of the horse "INSANE IN PAIN" on April 28, 2016, Trainer Dennis Watson is in direct violation of N.J.A.C. 13:71-23.6(a)(b)(c)(d).  Having considered mitigating factors, Mr. Watson is hereby suspended for a period of 15 days and fined the sum of $500.  In addition to the penalty issued, 2 multiple medication violation (MMV) points as recommended by the Association of Racing Commissioners, shall be assigned as a result of this class B violation;
 
The post-race urine sample collected from the horse "CORONATIONS K" on April 29, 2016, identified the presence of the prohibited substance Phenlpropanolamine.  The presence of Phenlpropanolamine in the horse "CORONATIONS K" on April 29, 2016 is in direct violation of N.J.A.C. 13:71-23.1.  The horse "CORONATIONS K" finished 1st on April 29, 2016 and, consistent with N.J.A.C. 13:71-23.7, "CORONATIONS K" is hereby disqualified from sharing in the purse.  The purse is hereby ordered to be redistributed among the remaining eligible finishers.  As a result of the post-race positive test of the horse "CORONATIONS K" on April 29, 2016, Trainer Dennis Watson is in direct violation of N.J.A.C. 13:71-23.6(a)(b)(c)(d).  Having considered mitigating factors, Mr. Watson is hereby suspended for a period of 15 days and fined the sum of $500.  In addition to the penalty issued, 2 multiple medication violation (MMV) points as recommended by the Association of Racing Commissioners, shall be assigned as a result of this class B violation.
 
Mr Watson is hereby suspended for a total of 60 days and fined the total sum of $2,000.  The four 15-day suspensions shall be served consecutively, starting on August 15, 2016 through and including October 13, 2016.  In addition to the penalty issued, a total of 8 multiple medication violation (MMV) points as recommended by the Association of Racing Commissioners, shall be assigned as a result of these class B violations. During the period of suspension, Mr. Watson is denied access to all grounds under the jurisdiction of the New Jersey Racing Commission for any and all purposes.
Name: DENNIS WATSON Ruling Date: 8/9/2016
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 16MED61 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
As a result of the administrative hearing conducted on Friday, July 8, 2016 at the Meadowlands Racetrack, the Board of Judges has determined that:
 
Dennis Watson was the trainer of the horse "INSANE IN SPAIN" when it raced at Freehold Raceway on April 21, 2016;
 
Dennis Watson was the trainer of the horse "VICTORY AHEAD" when it raced at Freehold Raceway on April 28, 2016;
 
Dennis Watson was the trainer of the horse "INSANE IN SPAIN" when it raced at Freehold Raceway on April 28, 2016;
 
Dennis Watson was the trainer of the horse "CORONATIONS K" when it raced at Freehold Raceway on April 29, 2016;
 
As the programmed trainer of the horses "INSANE IN SPAIN", "VICTORY AHEAD", and "CORONATIONS K" in their respective races on the dates noted above, Mr. Watson is the absolute insurer of and responsible for the condition of all horses within his care and custody.  He is obligated to protect and guard the horse against the administration of any drug or substance foreign to the natural horse and shall not enter or start a horse that has in its body and drug or foreign substance;
 
The post-race urine sample collected from the horse "INSANE IN SPAIN" on April 21, 2016, identified the presence of the prohibited substance O-Desmethylpyrilamine.  The presence of O-Desmethylpyrilamine in the horse "INSANE IN SPAIN" on April 21, 2016 is in direct violation of N.J.A.C. 13:71-23.1.  The horse "INSANE IN SPAIN" finished 1st on April 21, 2016 and, consistent with N.J.A.C. 13:71-23.7, "INSANE IN SPAIN" is hereby disqualified from sharing in the purse.  The purse is hereby ordered to be redistributed among the remaining eligible finishers.  As a result of the post-race positive test of the horse "INSANE IN SPAIN" on April 21, 2016, Trainer Dennis Watson is in direct violation of N.J.A.C. 13:71-23.6(a)(b)(c)(d) and is hereby suspended for a period of 15 days and fined the sum of $500.  In addition to the penalty issued, 2 multiple medication violation (MMV) points as recommended by the Association of Racing Commissioners, shall be assigned as a result of this class B violation;  
 
  The post-race blood and urine samples collected from the horse "VICTORY AHEAD" on April 28, 2016, identified the presence of the prohibited substances Pyrilamine, O-Desmethylpyrilamine, Phenylpropanolamine, and Pseudoephedrine.  The presence of Pyrilamine, O-Desmethylpyrilamine, Phenylpropanolamine, and Pseudoephedrine in the horse "VICTORY AHEAD" on April 28, 2016 is in direct violation of N.J.A.C. 13:71-23.1.  The horse "VICTORY AHEAD" finished 1st on April 28, 2016 and, consistent with N.J.A.C. 13:71-23.7, "VICTORY AHEAD" is hereby disqualified from sharing in the purse.  The purse is hereby ordered to be redistributed among the remaining eligible finishers.  As a result of the post-race positive test of the horse "VICTORY AHEAD" on April 28, 2016, Trainer Dennis Watson is in direct violation of N.J.A.C. 13:71-23.6(a)(b)(c)(d).  Having considered mitigating factors, Mr. Watson is hereby suspended for a period of 15 days and fined the sum of $500.  In addition to the penalty issued, 2 multiple medication violation (MMV) points as recommended by the Association of Racing Commissioners, shall be assigned as a result of this class B violation;
 
The post-race blood and urine samples collected from the horse "INSANE IN SPAIN" on April 28, 2016, identified the presence of the prohibited substance Pyrilamine.  The presence of Pyrilamine in the horse "INSANE IN SPAIN" on April 28, 2016 is in direct violation of N.J.A.C. 13:71-23.1.  The horse "INSANE IN SPAIN" finished 3rd on April 28, 2016 and, consistent with N.J.A.C. 13:71-23.7, "INSANE IN SPAIN" is hereby disqualified from sharing in the purse.  The purse is hereby ordered to be redistributed among the remaining eligible finishers.  As a result of the post-race positive test of the horse "INSANE IN PAIN" on April 28, 2016, Trainer Dennis Watson is in direct violation of N.J.A.C. 13:71-23.6(a)(b)(c)(d).  Having considered mitigating factors, Mr. Watson is hereby suspended for a period of 15 days and fined the sum of $500.  In addition to the penalty issued, 2 multiple medication violation (MMV) points as recommended by the Association of Racing Commissioners, shall be assigned as a result of this class B violation;
 
The post-race urine sample collected from the horse "CORONATIONS K" on April 29, 2016, identified the presence of the prohibited substance Phenlpropanolamine.  The presence of Phenlpropanolamine in the horse "CORONATIONS K" on April 29, 2016 is in direct violation of N.J.A.C. 13:71-23.1.  The horse "CORONATIONS K" finished 1st on April 29, 2016 and, consistent with N.J.A.C. 13:71-23.7, "CORONATIONS K" is hereby disqualified from sharing in the purse.  The purse is hereby ordered to be redistributed among the remaining eligible finishers.  As a result of the post-race positive test of the horse "CORONATIONS K" on April 29, 2016, Trainer Dennis Watson is in direct violation of N.J.A.C. 13:71-23.6(a)(b)(c)(d).  Having considered mitigating factors, Mr. Watson is hereby suspended for a period of 15 days and fined the sum of $500.  In addition to the penalty issued, 2 multiple medication violation (MMV) points as recommended by the Association of Racing Commissioners, shall be assigned as a result of this class B violation.
 
Mr Watson is hereby suspended for a total of 60 days and fined the total sum of $2,000.  The four 15-day suspensions shall be served consecutively, starting on August 15, 2016 through and including October 13, 2016.  In addition to the penalty issued, a total of 8 multiple medication violation (MMV) points as recommended by the Association of Racing Commissioners, shall be assigned as a result of these class B violations. During the period of suspension, Mr. Watson is denied access to all grounds under the jurisdiction of the New Jersey Racing Commission for any and all purposes.
Name: LUIS RAUL HERNANDEZ Ruling Date: 9/21/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-78-RES Ruling Type: Fined
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2016-DAA-78 - Ruling Rescinded
Name: LUIS RAUL HERNANDEZ Ruling Date: 8/7/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-78 Ruling Type: Fined
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
issued in error
Name: CLAUDE ESTELL CECIL Ruling Date: 6/21/2016
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2016-MP-37 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/21/2016 Suspension End:
Ruling Text: Claude Cecil license has been revoked by the Stewards at Mountaineer Racetrack and the WVRC for: abandoned, mistreated, abused, neglected, or engaged in an act of cruelty to a horse.
Name: CARLOS SEDILLO Ruling Date: 6/20/2016
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2016-Comm-2 Ruling Type: Penalty Affirmed
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 6/15/2016 Suspension End: 6/15/2026
Ruling Text:
Pursuant to the Opinion and Order issued by the Honorable Denise Barela-Shepherd, District Court Judge, the Court affirms the decision of the New Mexico Racing Commission in the matter of Trainer Carlos Sedillo.  Therefore, the Decision and Order Ruling #3379813 as entered by the New Mexico Racing Commission is hereby upheld.
Whereas, Trainer Carlos Sedillo is found in violation of Commission rules and for these violations shall be assessed the following penalty: A $10,000.00 dollar fine and a suspension for a period of 10 years.  The ten year period of suspension shall commence on the date of June 15, 2016.  During the period of suspension, Trainer Carlos Sedillo shall abide by the statute and rules of the Commission.  Trainer Carlos Sedillo shall be penalized with a loss of purse.  Trainer Carlos Sedillo must pay all fines within thirty (30) days from the date of this ruling.
By Order of the New Mexico Racing Commission
 
________________________________________
Ismael Trejo
Name: CARLOS SEDILLO Ruling Date: 7/27/2016
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2016-Comm-2-FO Ruling Type: Penalty Affirmed
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 6/15/2016 Suspension End: 6/15/2026
Ruling Text: RE: 2016-Comm-2 - Ruling Final Outcome please see letter in documents.
Name: JEREMY BOBBITT Ruling Date: 5/26/2016
Jurisdiction: Kentucky Racing Commission Facility: Thunder Ridge Raceway
Ruling Number: 2016-TR-6 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 5/28/2016 Suspension End: 6/1/2016
Ruling Text:
The post race sample # 0076452 collected on 4/15/2016 from 3rd race #1 Kelly Boy was found to contain Methylprednisolone (Class C first offense) at a concentration of 231 pg/ml. Mr. Bobbitt is fined $500.00 suspended 5 days and the purse money won of $700.00 is ordered returned and redistributed. While under suspension Mr. Bobitt is denied access to all areas under the Jurisdiction of the KHRC. Fines not paid and purse money not returned within 7 days of the action date may result in additional fines and or suspension.
Name: GEREMY BOBBIT Ruling Date: 5/26/2016
Jurisdiction: Kentucky Racing Commission Facility: Thunder Ridge Raceway
Ruling Number: 2016-TR-12 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 5/28/2016 Suspension End: 7/21/2017
Ruling Text:
The post race sample # 0076452 collected on 4/15/2015 from 3rd race #1  Kelly Boy was found to contain Methylprednislone at a concentration of 231 pg/ml .   Mr. Bobbit is suspended 5 days fined $500.00 and the purse money won of $700.00 is ordered returned and redistributed.
Name: LUIS RAUL HERNANDEZ Ruling Date: 4/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-256 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Luis R. Hernandez having signed the stipulated agreement with investigator Leasa Johnson March 11, 2016, regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM13714 after it was collected from the horse “Zoom Royalty” which finished 2nd in the 2nd race on June 28, 2016 at Ruidoso Downs. (The original lab report indicated a finding of “Clenbuterol” at 328 pg/ml. The allowable limit was 140pg/ml. Split sample rights, as provided in 15.2.6.10(D) NMAC were offered and waived). Gabriel Ochoa is the recorded Owner of the horse “Zoom Royalty”.

15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9 (P) NMAC: Which states in pertinent part the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective April 20, 2012, in which states in part "Clenbuterol in a post race test that exceeds the screening limit of 140pg/ml in urine, or 0 pg/ml in serum/plasma will constitute a violation of NMSRC rules. ". 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." For this violation, the Board of Stewards assessed Luis R. Hernandez

    1. A fine in the amount of ($1,000) one thousand dollars to paid on or before May 16, 2016 in accordance with in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension
    2. Disqualification and loss of purse from the 2nd race JUNE 28, 2015 at Ruidoso Downs 1)Tyme for a Corona 2) Okey Dokey Wrangler 3) Flyin Hi Class 4) Lighting McQueen 5) Mighty Chino 6) Eaglesboro 7) Greyback 8) Shadows of the Night UNPLACED ZOOM ROYALTY
    3. Zoom Royalty shall be placed on the Stewards list and must pass a commission approved exam before being eligible to enter.
    4. 180 day probationary period starting April 15, 2016 and going through October 12, 2016.
(Per the terms of a signed Stipulated Settlement Agreement, this is considered a first offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. Any subsequent Class B violation within a 180 day period following this date will result in further penalty, as specified in Section 6.Per the written terms of the signed Stipulated Settlement Agreement as specified in section 2, Luis R. Hernandez furthermore knowingly, intentionally, and voluntarily waives any/all appeal rights, including any judicial appeal regarding this matter).
Name: ANTONIO B HERNANDEZ Ruling Date: 3/6/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-131 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Antonio Baca Hernandez, having been duly notified, and having appeared before the Board of Stewards on this date, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM10126, after it was collected from the horse "Cowboy Wave" which finished third in the 4th race, December 21, 2014 at Sunland Park. (The original lab report indicated a finding of Clenbuterol at 298 pg/ml). Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, but denied, by Antonio B. Hernandez. Trainer Antonio B. Hernandez who also represented his owner, Eusebio Sanchez during this hearing is found to be in violation of:

15.2.6.9(D) (1-2-3) NMAC: Which states in that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9 (P) NMAC: Which states the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective August 20, 2015 in which states in part "Clenbuterol is prohibited. A subsequent published, posted, and distributed memo dated August 20, 2015, stated the criteria for Clenbuterol remained in effect". 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." For this violation, the Board of Stewards assessed Antonio B. Hernandez a penalty as follows: (1) Antonio B. Hernandez is placed on probation for a period of one hundred eighty( 180) days starting starting on March 6th thru August 27th, 2016. (2) A fine in the amount of on thousand dollars ($1000.00.); which must be paid within a thirty (30) period or may be subject to suspension. (3) Loss of purse and the horse must pass a commission approved examine before becoming eligible to enter a race. The new order of finish is (1)Trip to the Jungle (2) Country Spencerman(3) King Kamahamaha (4)Jet Black Legend (5) Wagon Cash (6) Big Sluggo (7) Lord Valiant (8) Chicks Royal Dude(9) Bullit in a Gun, UNPLACED- Cowboy Wave. 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) (b) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B) (3) (l) NMAC. (Per the terms of a signed Stipulated Settlement Agreement, this is considered a first offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. Any subsequent Class B violation within a 180 day period following this date will result in further penalty, as specified in Section 6.Per the written terms of the signed Stipulated Settlement Agreement as specified in section 2, Antonio B Hernandez furthermore knowingly, intentionally, and voluntarily waives any/all appeal rights, including any judicial appeal regarding this matter).

Name: LUIS RAUL HERNANDEZ Ruling Date: 2/13/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-96 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 2/14/2016 Suspension End: 4/13/2016
Ruling Text: Trainer Luis R. Hernandez, having been duly notified, and having appeared before the Board of Stewards on­­­­ Saturday, February 13, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class B drug 16-Hydroxy-stanozolol, a metabolite of stanozolol, which was found in sample NM18122 after it was collected from the horse “News Update” which finished second in the first race on December 20, 2015 at Sunland Park Race Track.

Split sampling rights, as provided in 15.2.6.10 (D) NMAC, were afforded to, and waivedJohnny Gonzalez is the owner of the horse “News Update,” and he appeared before sthe Board of Stewards, along with his trainer, Luis R. Hernandez, Luis R. Hernandez is found to be in violation of:

15.2.6.9. D (1-2-3) NMAC which states a finding by the commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race.

15.2.6.9. H (1-3) NMAC Which states (1) No AAS shall be permitted in test sample collected from racing horses except for residues of the major metabolite of nandrolone, and the naturally occurring substances boldenone and testosterone at concentrations less than the indicated thresholds, and (3) Any other anabolic steroids are prohibited in racing horses.

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

For this violation, the Board of Stewards assessed Luis R. Hernandez a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of 60 calendar days , February 14, 2016, through April 13, 2016, Inclusive); (2) A fine in the amount of one-thousand dollars ($1,000.00.); (3) The horse "News Update" must pass a Commission approved examination before becoming eligible to race. (4) Loss of purse of the 1st race, on December 20, 2015, at Sunland Park. The new order of finish is as follows:

        1. Lovely Lily Rose
        2. One Sweet Run
        3. Quarter Mile Miracle
        4. Black Orchid Crush
        5. Tempting Splash
        6. El Moro Grande
        7. Blame The Senator
        8. Little Ghost
        9. Sweet Millie Tell Em
Unplaced: News Update

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

Name: Alexander A Hall Ruling Date:
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Greyhound Track
Ruling Number: 2016-TMP-6 Ruling Type: Medication/Drug Violation - Animal
Breed: Greyhound Division: Dog
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Consent Order # 2015043403 - F.S. Violation of 550.2415(1)(a).
Name: MANUEL VILLAGRAN Ruling Date: 11/22/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-293 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 MANUEL VILLAGRAN, having been duly notified, and having appeared before the Board of Stewards, a hearing was held on this date, regarding a confirmed overage of allowable limits for the Class IV drug “Triamcinolone Acetonide” which was found in sample NM17817 after it was collected from the horse, "Eyesawagon" which finished second in the 2nd race, Tuesday, October 13, 2015, at Zia Park;

MANUEL VILLAGRAN is listed as the recorded co-Owner of the horse "Eyesawagon” which was the subject of related ruling 2015-ZIA-291, issued this date at Zia Park, in which sanction was made against the Trainer of record.

As such, the following applies:

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

For this violation, the Board of Stewards assessed MANUEL VILLAGRAN a penalty of:

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

(Refer to related rulings 2015-ZIA-291 AND 2015-ZIA-292 issued this date at Zia Park).

BY ORDER OF THE ZIA PARK BOARD OF STEWARDS

___________________ ________________ _____________

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

Name: RODRIGO COVARRUBIAS Ruling Date: 11/2/2015
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2015-PRM-15 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Reports from the Iowa State University Diagnostic Laboratory states the presence of Clenbuterol in the following samples:
September 11, 2015 #941068, Urine 32.7 pg/ml (Juanillo- Race 3, Finish 2) September 13, 2015 #941114, Urine 116 pg/ml (Racy Play Girl- Race 7, Finish 1) September 26, 2015 #941193, Blood <10 pg/ml (Fast Ferdinand- Race 5, Finish 1) October 10, 2015 #941538, Urine >200 pg/ml (Pure D Spit- Race 6, Finish 1)
Prior to Prairie Meadows 2015 Quarter Horse meet, Prairie Meadows, Iowa Racing and Gaming Commission and the Iowa Quarter Horse Racing Association reached an agreement, and instituted a “no tolerance” policy on Albuterol/Clenbuterol. Sanction for a violation of said policy mirrored the ARCI recommended penalty.
Owner/Trainer Rodrigo Covarrubias sent split sample #941068 and #941114 to Industrial Laboratories for retesting. Industrial Laboratories confirmed the presence of Clenbuterol in both of the above mentioned samples.
Owner/Trainer Covarrubias chose not to present evidence and testimony to the Board of Stewards regarding his positives.
The Board, after reviewing evidence, finds Owner/Trainer Rodrigo Covarrubias in violation of IRGC Rules of Racing (491 IAC 10.5(1)”a” (1); 491 IAC 10.5(1)”a”(2); 491 IAC 10.7(1)”a”; ”b” &”c” 99D.25”a.” Therefore, the Board herby suspends Owner/Trainer Rodrigo Covarrubias’s IRGC occupational licenses for 60 days (15 days per positive) beginning the first day of Prairie Meadows 2016 live Quarter Horse meet and assesses an administrative penalty of twenty five hundred dollars ($2500.00), $500.00 for the first positive; $500.00 for the second positive; $500.00 for the third positive and $1000.00 for the fourth positive. The Board also orders “Juanillo” disqualified from his second place finish in the third race on September 11, 2015 and all purse monies redistributed accordingly; “Racy Play Girl” disqualified from her first place finish in the seventh race on September 13, 2015 and all purse monies redistributed accordingly; “Fast Ferdinand” disqualified from his first place finish in the fifth race on September 26, 2015 and all purse monies redistributed accordingly and “Pure D Spit” disqualified from his first place finish in the sixth race on October 10, 2015 and all purse monies redistributed accordingly.
Further, “Fast Ferdinand’s” positive from the fifth race on September 26, 2015 was in the Valley Junction Futurity Trials. Due to “Fast Ferdinand’s” positive in the Valley Junction Futurity Trials and the conditions of the Valley Junction Futurity make “Fast Ferdinand” ineligible to participate in the Valley Junction Futurity. Therefore, “Fast Ferdinand” is hereby disqualified from his eighth place finish in the Valley Junction Futurity. The Board orders all purse monies redistributed between the other nine starters accordingly.
Name: ONALDO LEYVA Ruling Date: 10/31/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-217 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 ONALDO VALDEZ LEYVA, having been duly notified, and having appeared (via trainer Armando Quintanilla Jr) on October 19, 2015, before the Board of Stewards regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM 15516, after it was collected from the horse “Swissle On” which finished first in the 2nd race, Sunday, August 2, 2015, at Ruidoso Downs;

ONALDO VALDEZ LEYVA is the recorded Owner of the horse “Swissle On”, which was the subject of related rulings, issued this date, at Zia Park, in which sanction was made against the Trainer of record.

As such, the following applies:

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


For this violation, the Board of Stewards assessed ONALDO VALDEZ LEYVA a penalty of loss of purse of the 2nd race, Sunday, August 2, 2015, at Ruidoso Downs;

(Per the terms of a signed Stipulated Settlement Agreement, this is considered a first offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. Any subsequent Class B violation within a 180 day period following this date will result in further sanction, as specified in Section 6. Per the written terms of the signed Stipulated Settlement Agreement as specified in section 2, Mr. Leyva furthermore knowingly, intentionally, and voluntarily waives any/all appeal rights, including any judicial appeal regarding this matter).

(Refer to related rulings, issued this date, at Zia Park).

BY ORDER OF THE ZIA PARK BOARD OF STEWARDS
DAVID KEITER ED L’ECUYER JILL CATHEY





Name: EUSEBIO V SANCHEZ Ruling Date: 10/27/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-165 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 Eusebio V. Sanchez, having been duly notified, and represented by trainer Manuel Urioste, before the Board of Stewards, October 11, 2015, regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found which was found in sample NM 13233, after it was collected from the horse “Mr Mo Runaway” after it finished first in the 2nd race, Monday, March 2, 2015, at Sunland Park;

Eusebio V. Sanchez is listed as the recorded Owner of the horse " Mr Mo Runaway” which was the subject of related ruling 2015-ZIA-166, issued this date at Zia Park, in which sanction was made against the Trainer of record.

As such, the following applies:

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


For this violation, the Board of Stewards assessed Eusebio V. Sanchez a penalty of:

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

(Refer to related ruling 2015-ZIA-164 issued this date at Zia Park).



Name: EUSEBIO V SANCHEZ Ruling Date: 10/27/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-168 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 Eusebio V. Sanchez, having been duly notified, and represented by trainer Manuel Urioste, before the Board of Stewards, October 11, 2015, regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM 11537, after it was collected from the horse “Mr Mo Runaway” which finished second place in the 3rd race, Saturday, June 13, 2015, at The Downs of Albuquerque;

Eusebio V. Sanchez is listed as the recorded Owner of the horse " Mr Mo Runaway” which was the subject of related ruling 2015-ZIA-169, issued this date at Zia Park, in which sanction was made against the Trainer of record.

As such, the following applies:

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


For this violation, the Board of Stewards assessed Eusebio V. Sanchez a penalty of:

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

(Refer to related ruling 2015-ZIA-167, issued this date at Zia Park).



Name: AURELIO VALDEZ Ruling Date: 8/4/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-141-REST Ruling Type: Failure to Meet Financial Obligation
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/10/2015 Suspension End: 8/4/2017
Ruling Text: RE: 2015-RUI-141 - Restored to Good Standing having fulfilled his financial obligation with ESMS on August 4, 2017.
Name: AURELIO VALDEZ Ruling Date: 7/10/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-141 Ruling Type: Failure to Meet Financial Obligation
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/10/2015 Suspension End: 8/4/2017
Ruling Text:
Trainer AURELIO VALDEZ, and also as et al for Stable Name FREAKY ENTERPRISES, LLC having been duly notified to his last known address, and having failed to appear before the Board of Stewards on July 6, 2015, for scheduled financial responsibility hearing, said hearing was held in absentia;

(The hearing was held regarding a default judgment that was issued against AURELIO VALDEZ, dba FREAKY ENTERPRISES, LLC by Judge Dusty Vinson in Justice Court, Precinct 3, Parker County, Texas on May 7, 2015).

AURELIO VALDEZ, and also as et al FREAKY ENTERPRISES, LLC is found to be in violation of:

16.47.1.8 (L)(i) NMAC: Which state in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant demonstrates a lack of financial responsibility by accumulating unpaid obligations, defaulting on obligations, or issuing draft checks that are dishonored, or payment refused;

16.47.1.8 (I) (1) NMAC: Which states in pertinent part that “All persons engaged in racing shall maintain financial responsibility in matters pertaining to racing”.

For this violation, the Board of Stewards issue AURELIO VALDEZ, dba FREAKY ENTERPRISES, LLC a penalty of the following:

A suspension of any/all New Mexico Racing Commission licenses, effective this date, and that she be deemed ineligible for any future licensing in New Mexico until such time that full payment to Equine Sports Medicine & Surgery is made in the amount of $4,780.36

(Mr. Valdez is currently under suspension and ineligible for licensing regarding nonpayment of a fine addressed in ruling 0218913, issued November 4, 2013, at Zia Park).

During said time of suspension AURELIO VALDEZ, and FREAKY ENTERPRISES, LLC is denied access to all grounds under the jurisdiction of the New Mexico Racing Commission in accordance with 15.2.1.9(C)(21)(a) NMAC.

Additionally, during the applicable term of this suspension, all horses owned, or under the care of
AURELIO VALDEZ, and also as et al for Stable Name FREAKY ENTERPRISES, LLC 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 RUIDOSO DOWNS BOARD OF STEWARDS

_______________________ ____________________________ _________________________

An appeal under this section must be filed not later than ten days after the date of the ruling. The appeal must be filed at the main Commission office, or with the Stewards who issued the ruling.
Name: ARNULFO ASCENCIO Ruling Date: 7/7/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-135 Ruling Type: Update Previous Ruling
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End: 7/7/2015
Ruling Text:
With regard to the status of ARNULFO ASCENCIO JR. and affiliated ASCENCIO LLC;

Having received information from Equine Sports Medicine and Surgery, Inc. that a default judgment addressed in ruling 0233412, issued August 24, 2012, at Ruidoso Downs has been satisfied and paid in full, and having otherwise fulfilled the conditions stated in said ruling;

This matter having come before the Board of Stewards on this date, it is hereby ordered that ARNULFO ASCENCIO JR. and affiliated ASCENCIO LLC are eligible for reinstatement, and eligible to apply for licensing in this jurisdiction.


(This ruling to supersede Ruling 0233412, issued August 24, 2012, at Ruidoso Downs).
Name: JAIME B MARTINEZ Ruling Date: 5/25/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-136 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Licensee having appeared before the Board of Stewards on May 24, 2015 for failure to enter the horse Dunit Bro Bro to correct Salix/Lasix status in the ninth race on May 24, 2015 at The Downs at Albuquerque. Licensee is found to be in violation of Commission rules.

For this rule violation, the Board of Stewards assessed Jaime Martinez a penalty in the amount of fifty dollars ($50.00). The fine is to paid on or before June 24, 2015 in accordance with 15.2.3.8(B)(3)(l) NMAC.

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

Licensee is found to be in violation of the following rule (s):

16.47.1.10 (C) (8) Trainers responsibility to immediately notify the stewards and commission veterinarian of all out-of-state certified horses on Salix®;

15.2.5.8 (B) (9) Any permitted medication must be declared on the original entry at each race meet. No further declaration will be required at that meet unless there is a change.

Name: PEDRO CARRILLO GOMEZ Ruling Date: 5/22/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-110 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 Pedro Carrillo, having been duly notified and having been represented by council, Pat Bingham, before the Board of Stewards on May 17, 2015 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class 4C drug "Methocarbamol", which was found in sample #NM08497, after it was collected from the horse "Future Jabonero" which finished 1st in the second race, September 13, 2014 at The Downs at Albuquerque; (The original lab report indicated a finding of Methocarbamol at 2,039 nanograms per milliliter in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU which confirmed a finding of Methocarbamol with a concentration of 1.1 ug/ml in the urine which converts to 1,100 nanograms per milliliter.

Owner Pedro Carrillo is found to be in violation of:

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

    1. For this second violation (365 day period), the Board of Stewards assessed:
    2. The horse, Future Jabonero,shall be placed on veterinarian’s and must pass a commission approved examination before being eligible to run
    3. Loss of purse after finishing 1st in the 2nd race September 13, 2014. at the Downs at Albuquerque.

Penalty Recommendations:
15.2.6.9 (C) 3 LICENSED OWNER: Which states in pertinent part that, “2st offense (365-day period) in any jurisdiction in the following levels, the penalty is loss of purse and if same horse, that horse shall be placed on veterinarian’s list for 45 days and must pass a commission approved examination before being eligible to run.”
Name: PEDRO CARRILLO GOMEZ Ruling Date: 5/20/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-107 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 Pedro Carrillo, having been duly notified and having been represented by council, Pat Bingham, before the Board of Stewards on May 16, 2015 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class 4C drug "Methocarbamol", which was found in sample #NM08391, after it was collected from the horse "Montauk" which finished 1st in the fourth race, Friday, September 5, 2014 at The Downs at Albuquerque; (The original lab report indicated a finding of Methocarbamol at 2,149 nanograms per milliliter in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU which confirmed a finding of Methocarbamol with a concentration of 2.7 ug/ml in the urine which converts to 2,700 nanograms per milliliter.

Owner Pedro Carrillo is found to be in violation of:

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

For this first violation (365 day period), the Board of Stewards assessed: Owner Pedro Carrillo, a penalty of having the horse, Montauk, pass a commission approved examination before being eligible to run.

Penalty Recommendations:
15.2.6.9 (C) 3 LICENSED OWNER: Which states in pertinent part that, “1st offense (365-day period) in any jurisdiction in the following levels, the penalty is the horse may be required to pass a commission-approved examination before being eligible to run.”

15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states in pertinent part that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: PEDRO CARRILLO GOMEZ Ruling Date: 5/16/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-97 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Owner Pedro Carrillo having been duly notified, and having counsel Pat Bingham represent him, before the Board of Stewards on 5/16/2015, regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM08572, after it was collected from the horse “Genuine Kiss” which finished 1st in the 1st race, Sept 17, 2014 at the Downs at Albuquerque.

Pedro Carrillo is listed as the recorded Owner of the horse “Genuine Kiss”, which was the subject of related ruling 2015-DAA-96 issued this date, the Downs at Albuquerque, in which sanction was made against the Trainer of record.

As such, the following applies:

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


For this violation, the Board of Stewards assessed Pedro Carrillo a penalty of

1. Loss of purse of the 1st race, Sep. 17, 2014 at the Downs at Albuquerque.
2. A fine in the amount of five-thousand dollars ($5,000.)
3. Horse shall be placed on the veterinarian’s list for 45 days (May 16, 2015 thru June 29, 2015 inclusive) and must pass a commission-approved examination before becoming eligible to be entered.

BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS
JILL CATHEY RON WALKER LINDA SALINAS


Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices or with the Stewards who issued the ruling.
Name: PEDRO CARRILLO GOMEZ Ruling Date: 4/23/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-13 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 Pedro Carrillo, having been duly notified, and having appeared (via counsel – Pat Bingham), before the Board of Stewards on Sunday April 19, 2015, regarding a confirmed medication overage for the Class III drug “Clenbuterol”, which was found in sample NM06847, after it was collected from the horse, “Corporatist” which finished second in the 8th race, Friday, June 6, 2014 at Sunray Park;

(The original lab report indicated a finding of Clenbuterol at 516 picograms per milliliter in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU, which confirmed a finding of Clenbuterol at 0.408ng/ml which converts to 408 picograms per milliliter, at the time of this race the allowable limit for this medication was 140 picograms per milliliter.)

Pedro Carrillo is listed as the recorded Owner of the horse “Corporatist”, which was the subject of related rulings, issued this date, at The Downs of Albuquerque, in which sanction was made against the Trainer of record and the horse.

As such, the following applies:

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


For this second violation within 365 days, the Board of Stewards assessed Owner Pedro Carrillo a penalty of disqualification and loss of purse of the eighth race, Friday, June 6, 2014 and the horse must pass a Commission-approved examination before becoming eligible to be entered”.

(Refer to related rulings, issued April 22, 2015 and April 23, 2015, at The Downs at Albuquerque).

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: PEDRO CARRILLO GOMEZ Ruling Date: 4/23/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-16 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Owner Pedro Carrillo, having been duly notified, and having appeared (via counsel – Pat Bingham), before the Board of Stewards on Sunday April 19, 2015, regarding a confirmed medication overage for the Class III drug “Clenbuterol”, which was found in sample NM07504, after it was collected from the horse, “Miracle Fish” which finished second in the 2nd race, Friday, June6, 2014 at Sunray Park;

(The original lab report indicated a finding of Clenbuterol at 427 picograms per milliliter in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU, which confirmed a finding of Clenbuterol at 0.408ng/ml which converts to 408 picograms per milliliter, at the time of this race the allowable for this medication was 140 picograms per milliliter.)

Pedro Carrillo is listed as the recorded Owner of the horse “Miracle Fish”, which was the subject of related rulings, issued this date, at The Downs of Albuquerque, in which sanction was made against the Trainer of record and the horse.

As such, the following applies:

15.2.6.9 (C)(4)(b) NMAC: Which states in pertinent part “Category B penalties will be assessed a licensed Owner for third violations due to the presence of a drug carrying a Category B penalty: Disqualification, loss of purse, $5,000 fine and horse shall be placed on the veterinarian's list for 45 days and must pass a commission-approved examination before becoming ejigible to be entered

For this third violation within 365 days, the Board of Stewards assessed Owner Pedro Carrillo a penalty of:
1. Disqualification, loss of purse for the Second race June 21, 2014 at Sunray Park;
2. A fine in the amount of $5,000 fine and
3. The horse shall be placed on the veterinarian's list for 45 days and
must pass a commission-approved examination before becoming eligible to be entered.

(Refer to related rulings, issued this date, at The Downs at Albuquerque).

15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states in pertinent part that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.

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


Name: CARLOS H ACOSTA Ruling Date: 2/14/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-181 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 4/13/2015 Suspension End: 10/10/2015
Ruling Text:
Trainer Carlos H. Acosta Jr., having been duly notified, and having failed to appear before the Board of Stewards on February 14, 2015, a hearing was held in absentia, 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 NM1201, after it was collected from the horse "I Won’t Lose" which finished first in the 1st race, Sunday, December 28, 2014, at Sunland Park;
(The original lab report indicated a finding of Clenbuterol at 585pg/ml. Split sampling rights were afforded, per 15.2.6.10 (D) NMAC, however split rights were not exercised).

CARLOS H. ACOSTA JR. is found to be in violation of:
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".
15.2.6.9 (P) NMAC: Which states in pertinent part “Clenbuterol in a post race test that exceeds the screening limit of 140 pg/ml in urine will constitute a violation of NMSRC rules”.
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

This is the second offense positive test violation for Mr. Acosta Jr., in the past 365 day period, and is issued in accordance with 15.2.6.9 (C) (2) NMAC.
For this second violation, the Board of Stewards assessed Carlos H. Acosta Jr. a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 180 calendar days (April 13, 2015, through October 10, 2015, inclusive);
(2) A fine in the amount of two-thousand five hundred, dollars ($2,500.);
(3) Loss of purse from the 1st race, Sunday, December 28, 2014, at Sunland Park;
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, Carlos H. Acosta Jr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of CARLOS H. ACOSTA JR. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. (Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings, issued this date, at Sunland Park).

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: CARLOS H ACOSTA Ruling Date: 2/1/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-139 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 2/12/2015 Suspension End: 4/12/2015
Ruling Text:
Trainer Carlos H. Acosta Jr., having been duly notified, and having appeared (telephonically) before the Board of Stewards on February 1, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM09912, after it was collected from the horse "Mt Spit Shine" which finished first in the 6th race, Friday, December 5, 2014, at Sunland Park;
(The original lab report indicated a finding of Clenbuterol at 298pg/ml. Split sampling rights were afforded, per 15.2.6.10 (D) NMAC, however split rights were not exercised).

CARLOS H. ACOSTA JR. is found to be in violation of:
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".
15.2.6.9 (P) NMAC: Which states in pertinent part “Clenbuterol in a post race test that exceeds the screening limit of 140 pg/ml in urine will constitute a violation of NMSRC rules”.
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."
15.2.1.9 B9 (3) (d) If a positive test arises in a trial race, the horse is eligible for entry during the period the split is tested and reported to foe commission. If the report confirms a positive test, for horse is disqualified from both the trial and the race for which for trial was conducted.
This is a first offense positive test violation for Mr. Acosta Jr., in the past 365 day period, and is issued in accordance with 15.2.6.9 (C) (2) NMAC.
For this first violation, the Board of Stewards assessed Carlos H. Acosta Jr. a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 60 calendar days (February 12, 2015, through April 12, 2015, inclusive);
(2) A fine in the amount of one-thousand, dollars ($1,000.);
(3) Loss of purse from the (Trial Race) 6th race, Friday, December 5, 2014, at Sunland Park and (The Final) 5th race Friday, December 26, 2014;
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, Carlos H. Acosta Jr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of CARLOS H. ACOSTA JR. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. (Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings, issued this date, at Sunland Park).

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: PEDRO CARRILLO GOMEZ Ruling Date: 11/21/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2014-Comm-71 Ruling Type: Penalty Affirmed
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Signed D&O attached
Name: WILLIAM ANDREW CAMPBELL Ruling Date: 9/30/2014
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2014-CT-200 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Entered horse in two places and chose to run in Maryland instead of Charles Town resulting in a scratch
Name: Lucio Arturo Lozano-Aguirre Ruling Date: 9/25/2014
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 59-2014 DE Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
59-2014

Groom Lucio Lozano Aguirre, DOB 9/21/1981, is hereby fined the sum of fifty ($50.00) dollars for having an unauthorized car pass in his vehcle in the stable area. Refer to D.T.R.C. Rules 5.26, 3.4.1.15 and 3.4. Fine must be paid within 48 hours.
Name: EUSEBIO V SANCHEZ Ruling Date: 6/21/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 0093614 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING#: 0093614 TRACK: SunRay Park DATE: June 21, 2014 LICENSEE: Owner EUSEBIO V SANCHEZ DOB: 03/05/1946 LICENSE : #43179630 having Priscilla Leon represent Him/Her before the Board of Stewards on June 21, 2014 for a positive test for Clenbuterol which was found in sample #NM04496 after it was collected from the horse "TALEAS LIBERTY" which finished in 1ST place in the 2nd race on April 6, 2014. Eusebiio V Sanchez is listed as the recorded Owner of the horse "Taleas Liberty" which is the subject of related rulings (#0092614 and #0094614) and issued on this date at SunRay Park in which sanctions were made against the Trainer of record. As such, the following applies: 15.2.6.9 (C ) (4) (a) NMAC: Which states in pertinent part : Category B penalties will be assessed against a licensed Owner for violations due to the presence of a drug carrying Category B penalty: First offence shall be disqualification, loss of purse and the horse must pass a Commission approved examination before becoming eligible to be entered". For this violation, the Board of Stewards assessed Eusebio V Sanchez a penalty as follows: Loss of purse of the 2ND race on April 6, 2014 at Sunland Park Race Track. (Refer to related rulings #0092614 and #0094614). BY ORDER OF THE SUNRAY PARK BOARD OF STEWARDS STEWARD STEWARD STEWARD Reuben Rivera Bob Allison Linda Salinas Appeal Filing Deadline: 15.2.1.9(B) (9) (b) NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main commission offices or with the Stewards who issued the ruling.
Name: JAIME B MARTINEZ Ruling Date: 6/8/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 0075614 Ruling Type: Race Office/Track Rule Violation
Breed: Mixed Division: Horse
Fine Amount: $ 25 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING#: 0075614 SunRay Park June 8, 2014 Trainer, JAIME MARTINEZ DOB: 11/24/1973 LICENSE #:66077230 appeared before the Board of Stewards on June 8, 2014 concerning a security citation for driving on the lower road during exercise hours. This ruling is in accordance with: 15.2.3.8(B) (1) (d) NMAC: Which states in pertinent part that "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." NARRATIVE: The security officer viewed this as reckless endangerment. For this rule violation, the Board of Stewards assessed a penalty in the amount of twenty-five ($ 25.00) dollars. The fine is to be paid on or before June 22nd, 2014 which is the last day of the meet, 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. BY ORDER OF THE SUNRAY PARK BOARD OF STEWARDS STEWARD STEWARD STEWARD Reuben Rivera Bob Allison Linda Salinas Appeal Filing Deadline: 15.2.1.9(B) (9) (b) NMAC: Which states 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: GUADALUPE GUTIERREZ Ruling Date: 6/7/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 0067614 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING#: 0067614 SunRay Park June 07, 2014 Owner, GUADALUPE I GUTIERREZ DOB: 03/26/1978 LICENSE #:73181039 having been represented telephonically by Patrick Bingham before the Board of Stewards on June 07, 2014 for a positive test for the drug Clenbuterol which was found in sample# NM01936 (the concentration detected was 472 picograms per milliter in the urine) after it was collected from the horse, "Dragonhawk" which finished in first (1st) place in the second (2nd) race on December 26th, 2013 at Sunland Park. Guadalupe Gutierrez is listed as the recorded owner of the horse Dragonhawk which was subject to related ruling # 0066614, issued recently at SunRay Park in which sanctions were made against the trainer of record. Owner - GUADALUPE I GUTIERREZ is found to be in violation of: 15.2.6.9(C) (1) NMAC: Which states that "A finding by the official chemist of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels; For this violation, the Board of Stewards assessed a penalty as follows; (1) First offense is a loss of purse (2) Disqualification (3) The horse must pass a commission approved examination before becoming eligible to be entered. BY ORDER OF THE SUNRAY PARK BOARD OF STEWARDS STEWARD STEWARD STEWARD Reuben Rivera Bob Allison Linda Salinas Appeal Filing Deadline: 15.2.1.9(B) (9) (b) NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main commission offices or with the Stewards who issued the ruling.
Name: PEDRO CARRILLO GOMEZ Ruling Date: 5/13/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 0036614 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING#: 0036614 TRACK: SunRay Park DATE: May 13, 2014 Owner, PEDRO CARRILLO DOB: 07/20/1975 LICENSE #:73181053 having Patrick Bingham represent him telephonica