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. >1/23/2021<

182 Total Rulings compiled at: 1/28/2021 2:26:59 AM G.M.T.

Name: BRETT A MACDONALD Ruling Date: 1/27/2021
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2021-NDP-13 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Macdonald failed to drive when programmed on #1 Surreal Love in race 1 on 1/20/21. O.S.R.C.-3769-17-29  17-99  The fine has been paid.
Name: PATRICK BEELER Ruling Date: 1/27/2021
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2021-NDP-14 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #5 Cool Your Heels in race 15 on 1/20/21 he whipped the horse in an exaggerated manner by raising his whipping arm above shoulder height and using more than elbow and wrist action. O.S.R.C.-3769-17-17(B)&(C)  17-99
Name: SEAN MAPES Ruling Date: 1/27/2021
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2021-NDP-15 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Mapes made a late driver change on #5 Good Roberta in race 7 on 1/23/21. O.S.R.C.-3769-15-30  15-99 If the fine is not paid to the judges by 2/3/21 you may be suspended and or license revoked by the commission.
Name: THOMAS ERIC THARPS Ruling Date: 1/27/2021
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2021-NDP-16 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #2 Rockin Zendaya in race 7 on 1/23/21 he came out in the stretch and interfered with #1 Do U Mind. O.S.R.C.-3769-17-11  17-99
Name: LLOYD MANSFIELD Ruling Date: 1/27/2021
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2021-NDP-17 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Blood sample #883241 collected at Northfield Park on 12/22/20 from #5 Wake N Bake in race 9 was found to contain Omeprazole Sulfide at a concentration of 36+-5 nanograms per milliliter of plasma. This exceeds the Regulatory Threshold of 10 nanograms per milliliter adopted by the OSRC. O.S.R.C.-3769-18-01 (B)(10)&(13)  18-02  18-99
Name: JIM ERNEST CRANWELL Ruling Date: 1/27/2021
Jurisdiction: Nebraska Racing Commission Facility: Nebraska State Racing Commission
Ruling Number: 2021-Comm-2 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Jim Cranwell accepts the lab results, foregoes any further defense of the alleged rule violations (including without limitation, waiver of a hearing) and accepts the penalty for violation of Nebraska State Racing Commission Rule 18.011 (Trainer is absolute insure of condition of horses trained by him and entered in a race and is responsible for the presence of any drug or medication in such horses). Truesdail Laboratories reported that the blood sample #77140 taken on May 25, 2020 from the horse "Five Roses Luna" who finished first in Race #3 contained the drug 7-Nor-7-Carboxycannabidiol. Trainer Jim Cranwell is hereby fined the sum of Five Hundred Dollar ($500) and the horse "Five Roses Luna" is disqualified from 1st and placed last. The new order of finish is as follows; 1st Lucydoesthehula; 2nd Jakealina; 3rd Bella's Bluff; 4th Awesome Way; 5th Laine Peach; 6th Holiday Chimes; 7th Woke up Lady; 8th Five Roses Luna. Fine to be paid to the Nebraska Racing Commission within 72 hours.
Name: MARVIN A. JOHNSON Ruling Date: 1/27/2021
Jurisdiction: Nebraska Racing Commission Facility: Nebraska State Racing Commission
Ruling Number: 2021-Comm-1 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Marvin A. Johnson accepts the lab results, foregoes any further defense of the alleged rule violations (including without limitation, waiver of a hearing) and accepts the penalty for violation of Nebraska State Racing Commission Rule 18.011 (Trainer is absolute insure of condition of horses trained by him and entered in a race and is responsible for the presence of any drug or medication in such horses). Truesdail Laboratories reported that the blood sample #7705 taken on May 6, 2020 from the horse "Out of Patience" who finished first contained the drug 7-Nor-7-Carboxycannabidiol. Trainer M. A. Johnson is hereby fined the sum of Five Hundred Dollar ($500) and the horse "Out of Patience" is disqualified from 1st and placed last. The new order of finish is as follows; 1st All for Truth; 2nd Chuckmate; 3rd Spotitude; 4th Jimbo's Biz; 5th The Rock Rolls; 6th War Eagle's Return; 7th Be Stormy; 8th Cliff's Place; 9th Bold Bulldog; 10th Out of Patience. Fine to be paid to the Nebraska Racing Commission within 72 hours.
Name: Juan M. Chavez Ruling Date: 1/26/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2021-ZIA-20 Ruling Type: Failure to Meet Financial Obligation
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/26/2021 Suspension End:
Ruling Text: Owner/Trainer: Juan Chavez-Ortega having been duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on January 26, 2021, concerning a court judgment for an outstanding financial obligation to IV/Pick’s Veterinary Services as stated in the 12th Judicial District Court, in the amount of $3.968.24 in damages plus Attorney’s fees and costs.

The Board of Stewards order that any/all New Mexico Racing Commission licenses issued to: Juan Chavez-Ortega be suspended immediately January 26, 2021.

Juan Chavez-Ortega is deemed ineligible for any future licensing in New Mexico until such time that judgment is satisfied.

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

This ruling in written in accordance with: 16.47.1.8 (J)– CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.1.9(B)(4)(d) Non appearance of a summoned party 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

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

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

Lindsay Gonzalaz be suspended immediately January 26, 2021.

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

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

This ruling in written in accordance with: 16.47.1.8 (J)– CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.1.9(B)(4)(d) Non appearance of a summoned party 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

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

Name: CARLOS EDUARDO RAYNAL Ruling Date: 1/26/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2021-ZIA-18 Ruling Type: Failure to Meet Financial Obligation
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/26/2021 Suspension End:
Ruling Text: Owner: Carlos Raynal having been duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on January 26, 2021, concerning a court judgment for an outstanding financial obligation to IV/Pick’s Veterinary Services as stated in the 12th Judicial District Court, in the amount of $625.11 in damages plus Attorney’s fees and costs. The Board of Stewards order that any/all New Mexico Racing Commission licenses issued to:

Carlos Raynal be suspended immediately January 26, 2021. Carlos Raynal is deemed ineligible for any future licensing in New Mexico until such time that judgment is satisfied.

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

This ruling in written in accordance with: 16.47.1.8 (J)– CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.1.9(B)(4)(d) Non appearance of a summoned party 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

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

Name: MICHAEL ROSSI Ruling Date: 1/26/2021
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-12-21 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: DHRC Licensee Michael Rossi has been fined $500 for failing his breathalyzer test on 1/20/2021 at Dover Downs (See DHRC rule 5.1.8.5.2). Also, Mr. Rossi will be required to take a breathalyzer test each time he enters the paddock until further notice. Fines are to be paid within 10 days of receipt of ruling.
Name: SERGIO A IBARRA Ruling Date: 1/25/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2021-ZIA-16 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 2/14/2021 Suspension End: 3/1/2021
Ruling Text: Trainer: Sergio Ibarra, having been duly notified, and having failed to appear, had his hearing held in absentia before the Board of Stewards on January 25, 2021, Re:Your conduct (language and threatening harm) toward a racing official at the Downs at Albuquerque Racetrack on October 24, 2020.

For this rule violation, the Board of Stewards assessed Sergio Ibarra:

    1. A penalty in the amount of Five Hundred Dollars ($500.00). The fine is to be paid on or before February 24, 2021 in accordance with 15.2.3.8(B)(3)(l) NMAC.
Failure to pay the fine within the time prescribed will result in immediate suspension. 2. A 15 day suspension of all NMRC licenses starting February 14, 2021, through February 28, 2021, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.

Licensee is found to be in violation of : 16.47.1.8 (L)(i) 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”;

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

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

Name: MITCHELL L MURRILL Ruling Date: 1/23/2021
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 24171 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/30/2021 Suspension End: 2/5/2021
Ruling Text: Suspended from riding races for seven calendar days, January 30, 2021 through February 5, 2021 inclusive, for careless riding, while aboard Bella Belle during the running of race 2, January 21, 2021 at Fair Grounds Race Course, resulting in the disqualification of his mount from second to last place. Allowed to ride in designated races. Participation in such race/s extends suspension a like number days.
Name: ALEJANDRO BARAJAS Ruling Date: 1/22/2021
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 24169 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Particicipated in a physical altercation in the backside dormitory at Fair Grounds Race Course.
Name: David DeL Pino Ruling Date: 1/22/2021
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 24167 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Particicipated in a physical altercation outside the track kitchen at Fair Grounds Race Course.
Name: STEVEN J MELANCON Ruling Date: 1/22/2021
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 24168 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Particicipated in a physical altercation outside the track kitchen at Fair Grounds Race Course.
Name: THOMAS MURRAY AMOSS Ruling Date: 1/21/2021
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 24165 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Post-race urine sample FG36610, collected on December 19, 2020, following the eighth race, was reported, by the Louisiana State University Equine Medical Surveillance Laboratory, as positive for 2-(1-hydroxyethyl) promazine, a metabolite of Acepromazine at 35ng/ml. This sample was identified with “Zoom UP” (TB) the winner of race 8, December 12, 2020 at Fair Grounds Race Course. Trainer Thomas Amoss was timely notified of the report and declined his right to have the split portion of this sample tested and waived his right to a formal stewards hearing. . The stewards concluded that based on the primary laboratory results, sample FG 36610, contained 2-(1-hydroxyethyl) promazine a metabolite of Acepromazine, above the permitted level, an ARCI Category III drug violation. After considering several mitigating factors the stewards fined Thomas Amoss $1000. “Zoom UP” is hereby is hereby disqualified and declared unplaced and the purse is ordered redistributed.
Name: ANNA MARIE CROWSON Ruling Date: 1/21/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2021-ZIA-14 Ruling Type: Unknown
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: issued in error

Name: Jose A. Leon Ruling Date: 1/21/2021
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 24164 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Used indecent language to a racing official.
Name: EVAN J HOAGLAND Ruling Date: 1/20/2021
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 21MDH12 Ruling Type: Failed to obey judges order
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Evan Hoagland is hereby fine the sum of one hundred ($100.00) dollars.

Mr. Hoagland was the trainer of #3 ROCKAHOLIC in the 4th qualifying race on Saturday, January 16, 2021. Mr. Hoagland did not follow proper protocol in regards to paddock assignments.

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

Name: JUAN PABLO SILVA-PANTOJA Ruling Date: 1/19/2021
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 20-21TP010 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having appeared telephonically on January 19, 2021, Owner/Trainer Juan Pablo Silva (ADG# 10054) is hereby fined FIVE HUNDRED dollars ($500.00) plus 5% Race Horse Adoption Fund surcharge for a total of five hundred and twenty five dollars ($525.00), for taking part in a physical altercation in the barn area.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by January 29, 2021, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning January 30, 2021, through and inclusive of July 29, 2021, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106(C); A.A.C. R19-2-112(11)(12); A.A.C. R19-2-121€

Name: JONATHAN JOSEPH CHARLES Ruling Date: 1/18/2021
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 24161 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Post-race plasma sample DD 59084, collected on 12/3/2020, and identified with “American Mom” (TB), was reported, by the Louisiana State University Equine Medical Surveillance Laboratory, as positive for the presence of Phenylbutazone at 0.992 ug/ml and Flunixin at 5.694 ng/ml. “American Mom” trained by Jonathan Charles was the winner of the third race, on December 3, 2020, at Delta Downs. Trainer Jonathan Charles was timely notified of the report and declined his right to test the split portion of this sample and waived his right to a stewards hearing. The Stewards concluded that sample LD 46081 contained Phenylbutazone and Flunixin above the threshold, and is ARCI Category IV stacking violation. Trainer Orland Orozco is hereby fined $500 for a first violation of an ARCI Category IV drug, in Louisiana, within a twelve month period.
Name: Jose A. Guerrero Ruling Date: 1/18/2021
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 24159 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/26/2021 Suspension End: 2/1/2021
Ruling Text: Suspended from riding races for 7 calendar days, January 26, 2021 through February 1, 2021 for careless riding while aboard For the Love of Lucy, during the running of race 3 on January 14, 2021 at Delta Downs. Allowed to ride in designated races. Participation in such race/s extends suspension a like number days.
Name: KENNETH D WEEKS Ruling Date: 1/18/2021
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 24160 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Post-race plasma sample DD 59119, collected on December 10, 2020, and identified with “Realmente Calmada”, winner of race 2, December 10, 2020, at Delta Downs, was reported, by the Louisiana State University Equine Medical Surveillance Laboratory, to contain 293 pg/ml of Clenbuterol. Trainer Kenneth Weeks was notified in a timely manner and declined his right to have the split portion of this sample tested and waived his right to a formal stewards hearing. The stewards concluded that based on the primary laboratory results, sample DD 59119, contained Clenbuterol above the permitted level, an ARCI Category III drug violation. As a result, Trainer Kenneth Weeks, having no medication violations in the last 12 months is hereby fined the sum of $1000 and “Realmente Calmada ” is disqualified and declared unplaced and the purse ordered redistributed.
Name: JOE B STOKES Ruling Date: 1/18/2021
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 24157 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/26/2021 Suspension End: 2/1/2021
Ruling Text: Suspended from riding races for seven calendar days, January 26, 2021 through February 1, 2021 inclusive, for careless riding, while aboard Back in That Action during the running of race 3, on January 14, 2021 at Delta Downs. Allowed to ride in designated races. Participation in such race/s extends suspension a like number days.
Name: BETHANY LARAY TAYLOR Ruling Date: 1/18/2021
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 24158 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/25/2021 Suspension End: 1/31/2021
Ruling Text: Suspended from riding races for seven calendar days, January 25, 2021 through January 31, 2021 inclusive, for careless riding, while aboard Love and Lemons during the running of race 8, January 14, 2021 at Delta Downs, resulting in the disqualification of his mount from first to ninth place. Allowed to ride in designated races. Participation in such race/s extends suspension a like number days.
Name: Jose A. Leon Ruling Date: 1/18/2021
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 24156 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/21/2021 Suspension End: 1/27/2021
Ruling Text: Suspended from riding races for seven calendar days, January 21, 2021 through January 27, 2021 inclusive, for careless riding, while aboard Dit during the running of race 1, January12, 2021 at Delta Downs, resulting in the disqualification of his mount from first to second place. Allowed to ride in designated races. Participation in such race/s extends suspension a like number days.
Name: JENNIFER LYNN ANGELONE Ruling Date: 1/15/2021
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 21012PP 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 STABLE EMPLOYEE LICENSE, THE VENDOR LICENSE #511166663 OF JENNIFER L. ANGELONE IS HEREBY RESCINDED WITHOUT PREJUDICE.
Name: WILLIAM OTERO Ruling Date: 1/14/2021
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 21003PN Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Careless Riding. MISUSE OF THE CROP (FAILING TO USE THE RIDING CROP IN AN APPROPRIATE AND PROPORTIONATE MANNER) WHILE ABOARD THE HORSE QUICKER DURING THE RUNNING OF THE 4TH RACE, JANUARY 13 , 2021 IN VIOLATION OF 7 PA. CODE SECTION 305.291 (d), 305.293, 185.2, 305.32, 305.33, 179.22 AND 179.23. SECTION 305.291. Use of a riding crop. (d) The riding crop shall be used during a race for safety, correction and encouragement of the horse in an appropriate, proportionate, and professional manner, taking into account the rules of racing herein. The stimulus provided by the use of the riding crop shall be monitored by the Stewards at all times so as not to compromise the health, safety and welfare of the horse. SECTION 305.293. Prohibition. (a) Prohibited use of the riding crop includes but is not limited to striking a horse: (1) On the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; (2) During the post parade or after the finish of the race except when necessary to control the horse; (3) Excessively or brutally causing welts or breaks in the skin; (4) When the horse is clearly out of the race or has obtained its maximum placing; (5) Persistently even though the horse is showing no response under the riding crop; or (6) Striking another rider or horse. (b) After the race, horses will be subject to inspection by a racing or official Veterinarian looking for cuts, welts or bruises in the skin. Any adverse findings shall be reported to the Stewards. (c) The giving of instructions by any licensee that if obeyed would lead to a violation of this rule may result in disciplinary action also being taken against the licensee who gave these instructions. SECTION 185.2. Conduct of licensee. A licensee shall not, alone or in concert with another person, engage in inappropriate, illegal or unethical conduct which violates the Commission's rules and regulations of racing, is inconsistent with the best interests and integrity of racing or otherwise undermines the general public's faith, public perception and confidence in the racing industry. YOU ARE HEREBY FINED THE SUM OF FIVE HUNDRED DOLLARS ($500.00). FINE DUE JANUARY 25, 2021. IF FINE IS NOT PAID, SUSPENSION BEGINS FEBRUARY 5, 2021. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 7 PA. CODE, SECTION 179.3. APPEALS MUST BE PERFECTED AS REQUIRED IN 7 PA. CODE, SECTION 179.3.
Name: JACQUELINE A DAVIS Ruling Date: 1/14/2021
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 21002PN Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Careless Riding. MISUSE OF THE CROP (FAILING TO USE THE RIDING CROP IN AN APPROPRIATE AND PROPORTIONATE MANNER) WHILE ABOARD THE HORSE HONORABLE AVENUE DURING THE RUNNING OF THE 4TH RACE, JANUARY 13 , 2021 IN VIOLATION OF 7 PA. CODE SECTION 305.291 (d), 305.293, 185.2, 305.32, 305.33, 179.22 AND 179.23. SECTION 305.291. Use of a riding crop. (d) The riding crop shall be used during a race for safety, correction and encouragement of the horse in an appropriate, proportionate, and professional manner, taking into account the rules of racing herein. The stimulus provided by the use of the riding crop shall be monitored by the Stewards at all times so as not to compromise the health, safety and welfare of the horse. SECTION 305.293. Prohibition. (a) Prohibited use of the riding crop includes but is not limited to striking a horse: (1) On the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; (2) During the post parade or after the finish of the race except when necessary to control the horse; (3) Excessively or brutally causing welts or breaks in the skin; (4) When the horse is clearly out of the race or has obtained its maximum placing; (5) Persistently even though the horse is showing no response under the riding crop; or (6) Striking another rider or horse. (b) After the race, horses will be subject to inspection by a racing or official Veterinarian looking for cuts, welts or bruises in the skin. Any adverse findings shall be reported to the Stewards. (c) The giving of instructions by any licensee that if obeyed would lead to a violation of this rule may result in disciplinary action also being taken against the licensee who gave these instructions. SECTION 185.2. Conduct of licensee. A licensee shall not, alone or in concert with another person, engage in inappropriate, illegal or unethical conduct which violates the Commission's rules and regulations of racing, is inconsistent with the best interests and integrity of racing or otherwise undermines the general public's faith, public perception and confidence in the racing industry. YOU ARE HEREBY FINED THE SUM OF TWO HUNDRED FIFTY DOLLARS ($250.00). FINE DUE JANUARY 25, 2021. IF FINE IS NOT PAID, SUSPENSION BEGINS FEBRUARY 5, 2021. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 7 PA. CODE, SECTION 179.3. APPEALS MUST BE PERFECTED AS REQUIRED IN 7 PA. CODE, SECTION 179.3.
Name: ANTHONY J NAPOLITANO Ruling Date: 1/13/2021
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 21MDH2 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. A. Napolitano is hereby fined the sum of three hundred ($300.00) dollars .

Mr. Anthony Napolitano was the driver of #7 JUXTA COWGIRL in the 8th race on Saturday, December 26, 2020 and failed to come up into positionon the starting gate.

Violation of N.J.A.C. Rule 13:71-17.1 M7

Name: GEORGE NAPOLITANO Ruling Date: 1/13/2021
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 21MDH4 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. G. Napolitano, Jr. is hereby fined the sum of three hundred ($300.00) dollars.

Mr. Napolitano, Jr. was the driver of #2 SO SO DeVIE in the 2nd race on Saturday, January 9, 2021. Mr. Napolitano, Jr. hooked wheels with #4 WESTERN RED HOT in the stretch.

#2 SO SO DeVIE finished 7th, and placed 9th.

Violation of N.J.A.C. Rule 13:71-20.6(a)(2)

Name: ERIC LAWRENCE ABBATIELLO Ruling Date: 1/13/2021
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 21MDH5 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Abbatiello is hereby fined the sum of two hundred ($200.00) dollars.

Mr. Abbatiello failed to drive #3 NIALL HANOVER when progrrammed to do so in the the 12th race on Saturday, January 9, 2021 and #9 OH JOHNNY B GOOD N in the 14th race on January 9, 2021.

Violation of NJAC Rule 13:71-7.29(a)2

Name: RICKY ALAN BUCCI Ruling Date: 1/13/2021
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 20MDH95 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Bucci is hereby fined the sum of one hundred ($100.00) dollars.

As programmed trainer of the horse #2 GOTWUTEVERITTAKES in the 7th race, on Friday, December 18, 2020, Mr. Bucci failed to designate a licensed trainer in his absence.

Violation of N.J.A.C. 13:71-20.4 and N.J.A.C. 13:71-20.5

Name: MIKE ANGELO TERPOLILLI Ruling Date: 1/13/2021
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 20MDH94 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Terpolilli is hereby fined the sum of one hundred ($100.00) dollars.

Failure to name a proper driver by the prescribed time for #7 LYONS WILLIAM in the 12th race on Saturday, December 5, 2020, resulting in a late driver change.

Violation of NJAC Rule 13:71-16.9

Name: ANTHONY PETER ALAGNA Ruling Date: 1/13/2021
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 20MDH93 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Mr. Alagna is hereby fined the sum of three hundred ($300.00) dollars.

Mr. Alagna was the trainer of the horse #6 BERKERY J in the 8th race on Friday, December 4, 2020, Mr. Alagna scratched BERKERY J. Mr. Alagna failed to honor his declaration at the Meadowlands

Violation of N.J.A.C. Rule 13:71-16.1(b)

Name: KASEY RAY KEMPER Ruling Date: 1/12/2021
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 20-21TP007 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: 1/23/2021 Suspension End: 1/27/2021
Ruling Text: Having been properly noticed for a formal hearing and having appeared telephonically on January 12, 2021, Excercise Rider Kasey Kemper (ADG #20910) is hereby fined TWO HUNDRED DOLLARS (200.00) plus 5% Race Horse Adoption Fund surcharge for a total of TWO HUNDRED AND TEN DOLLARS ($210.00) for failing to follow directions from an Outrider on December 14, 2020, at Turf Paradise Race Course.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by January 22, 2021, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning January 23, 2021 through and inclusive of July 21, 2021, and this matter is referred to the Director of the Arizona Department of Gaming/Racing Division with the recommendation that all licenses remain suspended until all requirements herein are satisfied. The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106(C); A.A.C. R19-2-112(11); A.A.C. R19-2-121(E)(2); A.A.C. R19-2-121(E)(3).;

Name: KASEY RAY KEMPER Ruling Date: 1/25/2021
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 20-21TP007-FTC Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: 1/23/2021 Suspension End: 1/27/2021
Ruling Text: RE: 20-21TP007 - Failure to Comply - Non-payment of $200 fine as ordered.
Name: KASEY RAY KEMPER Ruling Date: 1/27/2021
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 20-21TP007-REST Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: 1/23/2021 Suspension End: 1/27/2021
Ruling Text: RE: 20-21TP007 - Restored to Good Standing - Fine paid.
Name: PATRICK D BERRY Ruling Date: 1/12/2021
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-10-21 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Pat Berry is fined $100 for a Euro Rail rule violation (CAR 7), at top of the stretch, while driving LETSMAKEAWISH in race 12 on 1/11/21 at Dover Downs (see rule: 7.6.14.1). LETSMAKEAWISH finished 3rd but was placed 4th. All fines to be paid within 10 days of receipt of ruling.
Name: RICARDO GABRIEL RAMIREZ Ruling Date: 1/11/2021
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 21009PP 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 STABLE EMPLOYEE LICENSE, THE TRAINER LICENSE #511167977 OF RICARDO G. RAMIREZ IS HEREBY RESCINDED WITHOUT PREJUDICE.
Name: LAUREANO JOSE FLORES Ruling Date: 1/14/2021
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Philadelphia Park
Ruling Number: 21010PP Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: General Ruling. JOCKEY,LAUREANO JOSE FLORES JR., IS FINED FIVE HUNDRED DOLLARS, ($500.00) FOR FAILING TO USE THE RIDING CROP IN AN APPROPRIATE AND PROPORTIONATE MANNER WHILE ABOARD THE HORSE, "ZENSATIONAL DIXIE", DURING THE RUNNING OF THE SEVENTH RACE, JANUARY 11, 2021 IN VIOLATION OF 7 PA. CODE SECTION 305.291 (d). SECTION 305.291. Use of a riding crop. (d) The riding crop shall be used during a race for safety, correction and encouragement of the horse in an appropriate, proportionate, and professional manner, taking into account the rules of racing herein. The stimulus provided by the use of the riding crop shall be monitored by the Stewards at all times so as not to compromise the health, safety and welfare of the horse. FINE DUE JANUARY 24, 2021. IF FINE IS NOT PAID, SUSPENSION BEGINS JANUARY 25, 2021. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 7 PA. CODE, SECTION 179.3. APPEALS MUST BE PERFECTED AS REQUIRED IN 7 PA. CODE, SECTION 179.3.
Name: ANGEL LUIS MADERA Ruling Date: 1/14/2021
Jurisdiction: Pennsylvania Horse Racing Commission Facility: Penn National
Ruling Number: 21004PN Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Being under the influence in enclosure. STABLE EMPLOYEE ANGEL MADERA WAS FOUND TO BE IN POSSESSION OF DRUG PARAPHERNALIA IN HIS GROOM DORM ROOM IN VIOLATION OF 7 PA. CODE SECTION 185.2, 305.32, 305.33, 179.22 AND 179.23 AND 2017 HORSEMEN'S GUIDE. 2017 HORSEMEN'S GUIDE POLICY. - THE USE, DISTRIBUTION OR POSSESSION OF ALCOHOL OR ILLEGAL DRUGS IS NOT PERMITTED AT ANY TIME ON HCPNRC GROUNDS, SECTION 185.2. Conduct of licensee. A licensee shall not, alone or in concert with another person, engage in inappropriate, illegal or unethical conduct which violates the Commission's rules and regulations of racing, is inconsistent with the best interests and integrity of racing or otherwise undermines the general public's faith, public perception and confidence in the racing industry. SECTION 305.32. Power of the Stewards. SECTION 305.33. Disciplinary action. SECTION 179.22. General Power of the Judges and Stewards. SECTION 179.23. Jurisdiction of Judges and Stewards. YOU ARE HEREBY FINED THE SUM OF TWO HUNDRED FIFTY DOLLARS ($250.00). FINE DUE JANUARY 25 , 2021. IF FINE IS NOT PAID, SUSPENSION BEGINS FEBRUARY 5, 2021. FINES PAYABLE TO THE PENNSYLVANIA STATE HORSE RACING COMMISSION. ANGEL MADERA IS TO BE PLACED ON A CONDITIONAL LICENSE/BEHAVORIAL AND MUST PROVIDE AND PASS AN URINALYSIS TEST. PLEASE NOTE THAT YOU HAVE THE RIGHT TO APPEAL THIS DECISION IN WRITING TO THE PA HORSE RACING COMMISSION WITHIN 48 HOURS FOR RULINGS THAT INVOLVE ENTRIES, QUALIFICATIONS, WEIGHTS, CONDITIONS OR THE LENGTH OR RUNNING OF A RACE AND TEN (10) DAYS FOR ALL OTHER INFRACTIONS, AFTER NOTICE OF THE DECISION AS SET FORTH IN 7 PA. CODE, SECTION 179.3. APPEALS MUST BE PERFECTED AS REQUIRED IN 7 PA. CODE, SECTION 179.3.
Name: GREGORY R VIANDS Ruling Date: 1/9/2021
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2021-CT-1 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner, Gregory Viands, Permit #36469, DOB 4/5/1988, is hereby fined Five Hundred Dollars ($500.00) for not having the horse, “Just Nod and Smile”, in the paddock at the appointed time for the running of the Ninth (9th) Race on Friday January 8, 2021. Per Rules of Racing #178-1- 24.15. which states: “By acceptance of a permit, a permit holder has a duty to cooperate with the Racing Commission, its Executive Director, its stewards, its security officers, its investigators and other employees, agents and representatives in any inquiry, investigation, review or proceeding. Cooperation shall include, but is not limited to, being truthful, candid and forthcoming when interviewed or questioned and providing any requested records, items or things in a prompt and timely manner. To prevent even the appearance that a permit holder is withholding pertinent information, he or she should avoid narrowly construing interview questions or requests for records, items or things. A permit holder’s response to any inquiry should include any information that may be potentially relevant. Failure to cooperate shall be a violation of this rule and shall subject a permit holder to discipline by the stewards and/or the Racing Commission up to and including revocation of his or her permit.” #178-1-26.3.g, which states “Each Trainer is responsible for presenting his or her horse and being present in the paddock at a time appointed before post time of the race in which the horse is entered.” Mr. Viands made misleading statements to the Board of Stewards about the scratch, he also re-entered “Just Nod and Smile” in another jurisdiction on the day of the race. All fines imposed by the stewards shall be paid to the Racing Commission within (7) Calendar days after the ruling is issued, unless otherwise ordered by the stewards. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of the ruling and must include a security fee in the amount of Five ($500.00) Hundred.
Name: DAWN ERIN ASHLEY NEILSON Ruling Date: 1/7/2021
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-08-21 Ruling Type: No Vaccination/ Coggins/ Heath Certificate
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer D. Erin Neilson is fined $300 for failing to produce an up-to-date Coggins Test and causing the scratch of DUDELOOKSLIKELINDY in the 11th race on 1/11/2021 at Dover Downs (see DHRC ruling: 8.5.5.3). All fines to be paid within 10 days of receipt of ruling.
Name: RONALD LEE MILLMAN Ruling Date: 1/7/2021
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-07-21 Ruling Type: No Vaccination/ Coggins/ Heath Certificate
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Ronald Millman is fined $300 for fainling to produce an up-to-date Coggins Test and causing the scratch of BROCK THE ROCK in the 9th race ib 1/11/2021 at Dover Downs (see DHRC ruling: 8.5.5.3). All fines to be pain within 10 days of receipt of ruling.
Name: JAMES S BANKS Ruling Date: 1/6/2021
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-05-21 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: J. Sam Banks ll being the Trainer of record on the mare B N HOPEFUL and attending Judges Hearing (2pm 12/30/2020) is fined $1,000 for a positive test (Dexamethasone). Dover Downs blood and urine sample #S-4545 contained approximately 950 picograms per milliliter of plasma. BN HOPEFUL was disqualified from 1st and placed 7th (see DHRC rules: 8.3.3.1.2;8.3.3.3; 8.3.3.3.2). There will be a purse redistribution. All fines to be paid within 10 days of receipt of ruling.
Name: Jose A. Leon Ruling Date: 12/22/2020
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 24137 Ruling Type: Failure to Report or Appear
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failure to be present for film review on December 22, 2020.
Name: DONNA E HJORI Ruling Date: 12/22/2020
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2020-ZIA-44 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Donna Hjort, having been duly notified waived her right to a hearing telephonically, before the Board Of Stewards on December 21, 2020 regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Phenylbutazone (class 4C-Minor penalty drug) found in test sample E412389 taken from the 1st place finisher “Piknituplaynitdown” following the 6th race, on December 8 2020, at Zia Park Race Track.

The original lab report indicated a finding of Phenylbutazone at 2.7 ug/ml +/- .4 ug/ml in the blood, the allowable limit for Phenylbutazone is 2 ug/ml in the blood (15.2.6.9 Attachment 2).

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

John Moresco, Dennis Wong and Donna Hjort are the owners of record for horse “Piknituplaynitdown”

This is Donna Hjort’s 1st Class 4C-Minor medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4). The Board of Stewards assessed a penalty as follows:

        1. A ($500.00) Five Hundred dollar fine to paid on or before January 21, 2021, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of a money order, cashier's check or a corporate check,. LAST DAY TO APPEAL, January 1, 2021

Name: Jose A. Leon Ruling Date: 12/16/2020
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 24115 Ruling Type: Failure to Report or Appear
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Failed to be present in the Jockey Room at the designated time.
Name: JESUS TORRES Ruling Date: 12/4/2020
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 20-21TP002 Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 12/4/2020 Suspension End:
Ruling Text: Owner/Trainer Jesus Torres-Casas (ADG #16251) is hereby summarily suspended and denied access to all grounds under the jurisdiction of the Arizona Department of Gaming/Racing division pending a hearing before the Board of Stewards for conduct detrimental to the best interest of racing, and the safety, welfare, economy, health and peace of the people of the state as well.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106(C).; A.A.C. R19-2-112.; A.A.C. R19-2-121.

Name: Rosendo Valdez Ruling Date: 12/3/2020
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 24090 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $100 for failure to declare an equipment change (flipping halter on) for his scheduled starterStreak N For Fun in the 2nd race December 2, 2020, at Evangeline Downs, a change from its last race.

Name: ANTHONY J NAPOLITANO Ruling Date: 12/2/2020
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 20MDH92 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Andy Miller is hereby fined the sum of five hundred ($500.00) dollars and suspended from driving for five (5) days Thursday, December 3, 2020 through and inclusive of Monday, December 7, 2020.

You did use the whip in an excessive, unnecessary and indiscriminate manner while driving #5 LINDY THE GREAT in the 2nd race on Saturday, November 21, 2020.

Violation of NJAC Rule 13:71-20.15(4)

Name: NEWTON M SHERIDAN Ruling Date: 12/2/2020
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 20MDH87 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 11/17/2020 Suspension End: 11/22/2020
Ruling Text: Mr. Sheridan is hereby fined the sum of five hundred ($500.00) dollars. You are also suspended from driving for five (5) days Tuesday, November 17, 2020 through and including Saturday, November 21, 2020.

You did use the whip in an excessive, unnecessary and indiscriminate manner while driving #1 POP POP JOE in the 1st race on Friday, November 13, 2020.

Violation of NJAC Rule 13:71-20.15 (3)(4)

Name: GEORGE NAPOLITANO Ruling Date: 11/4/2020
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 20MDH77 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Napolitano is hereby fined the sum of three hundred ($300.00) dollars .

Mr. Napolitano was the driver of #3 THE NUN in the 4th race on Friday, October 23, 2020 and failed to come up into position on the starting gate.

Violation of N.J.A.C. Rule 13:71-17.1 M(7)

Name: GREGORY R VIANDS Ruling Date: 11/1/2020
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2020-MP-156 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING #156 DATE: 11/1/2020 TO: Gregory Viands DOB: 4/5/1988 PERMIT #: 36469 Owner/Trainer

The Stewards hereby impose the following penalty: Industrial Laboratories reported sample #E339089 taken from the horse “Makemie Park” which finished 4th in the 2nd race on Wednesday, October 21, 2020 did contain Phenylbutazone confirmed in blood at 9.0 ug/ml. The measurement uncertainty is +/- 0.4 ug/ml at the 2 ug/ml threshold. Phenylbutazone is a class 4 drug carrying a C penalty. Mr. Viands waived his right to a hearing and elected not to send a split sample. The Board of Stewards concludes that Mr. Viands has violated section 178-1-49.4.a.2 of the Thoroughbred Racing Rule, 178 C.S.R.1. This medication/prohibited substance violation is the permit holder’s 1st offense in a 365- day period for multiple medication/prohibited substance carrying a C penalty. The permit holder has accumulated zero (0) points under the multiple medication violation point system prior to this ruling. The points assessed for this medication/prohibited substance violation are one (1) giving a total of one (1) point pursuant to section 178-1-49.3.m of the Thoroughbred Racing Rules. Based on the guidelines set forth in table 178-1 of the Thoroughbred Racing Rules, the Board of Stewards hereby fine Mr. Viands one thousand dollars ($1,000.00).

The horse “Makemie Park” is disqualified from all purse monies and the purse is to be redistributed as follows: 1st) Brodytheoxman 2nd) Stop Making Sense 3rd) Bigdaddy’sflyinghi 4th) Lion Lion 5th) Appealing Groom 6th) Lil Pistola 7th) Donegal Aces 8th) Old Fort 9th) Regal Cross

The horseman’s bookkeeper is requested to make the necessary adjustments.

All fines are to be paid within seven (7) days of imposition as 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 the ruling and must include a security fee in the amount of $500.00.

Name: Eddie Clouston Ruling Date: 10/4/2020
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2020-MP-129 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING #129 DATE: 10/4/2020 NAME: Eddie Clouston DOB: 7/2/1965 PERMIT: # 38798 Owner/Trainer

The Stewards hereby impose the following penalty: Industrial Laboratories reported sample # E338798 taken from the horse “Wee Monie Creek” which finished 1st in the 6th race on Tuesday, September 22, 2020 did contain Ketoprofen confirmed in blood at (5.00 ng/ml). Ketoprofen is a class 4 drug carrying a C penalty. Mr. Clouston waived his right to a hearing and elected not to send a split sample. The Board of Stewards concludes that Mr. Clouston has violated section 178-1-49.4.a.2 of the Thoroughbred Racing Rule, 178 C.S.R.1. This medication/prohibited substance violation is the permit holder’s first offense in a 365-day period for medication/prohibited substance carrying a C penalty. The permit holder has accumulated zero (0) points under the multiple medication violation point system prior to this ruling. The points assessed for this medication/prohibited substance violation are one-half (1/2) giving a total of one-half (1/2) points pursuant to section 178-1-49.3.m of the Thoroughbred Racing Rules. Based on the guidelines set forth in table 178-1 of the Thoroughbred Racing Rules, the Board of Stewards hereby fine Mr. Clouston two hundred fifty dollars ($250.00). All fines imposed by the stewards shall be paid to the Racing Commission within 7 days after the ruling is issued, unless otherwise ordered by the Stewards, per WV 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 the ruling and must include a security fee in the amount of $500.00.

Name: BETHANY LARAY TAYLOR Ruling Date: 10/3/2020
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 24038 Ruling Type: Failure to Meet Financial Obligation
Breed: Quarter Horse Division: Horse
Fine Amount: $ 25 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Fined $25 for submitting a non-cashable check to the LSRC,in the amount of $205 (owes $230).
Name: GREGORY R VIANDS Ruling Date: 9/29/2020
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2020-MP-125 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING #125 DATE: 9/29/2020 NAME: Gregory Viands DOB: 4/5/1988 PERMIT: # 36469 Owner/Trainer

The Stewards hereby impose the following penalty: Owner/Trainer Gregory Viands is hereby fined one hundred dollars ($100.00) for violation of WV Rule of Racing 178-1-26.3.g “Each trainer is responsible for presenting his or her horse and being present in the paddock at a time appointed before post time of the race in which the horse is entered.” Mr. Viands failed to have the horse “Alpha Chi Rho” present in the paddock for the 7th race on Tuesday, September 29, 2020, necessitating a late scratch.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 days after the ruling is issued, unless otherwise ordered by the Stewards, per WV 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 the ruling and must include a security fee in the amount of $500.00.

Name: JUAN CESAR TORRES-CASAS Ruling Date: 9/19/2020
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2020-DAA-47 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/19/2020 Suspension End: 1/14/2021
Ruling Text: Owner: Juan Cesar Torres-Casas having been duly notified and failed to appear, had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, Juan Cesar Torres-Casas’s owner license, is hereby revoked pursuant to New Mexico State Statute 60-1A-11 (C). Juan Cesar Torres-Casas will be required to appear before the commission prior to licensure.

Reason For Denial:

New Mexico State Statute 60-1A-11 (C) which states, “A person issued or applying for an occupational license who has positive test results for a controlled substance or who has been convicted of a violation of a federal or state controlled substance law shall be denied a license or shall be subject to revocation of an existing license unless sufficient evidence of rehabilitation is presented to the commission.

16.47.1 L (1)(a) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: has been convicted of a felony Licensee is found to be in violation of and this Ruling is written in accordance with: 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. 16.47.1 K (1)(2)(3) License denial 16.47.1 L (1)(a) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: has been convicted of a felony 16.47.1 L (3) Any license denied, suspended or revoked by the commission pursuant to these rules shall state the time period for the effect of its ruling. When the action is taken for a misdemeanor or felony conviction, the time period shall be the period of the licensee’s or applicant’s imprisonment; or if not imprisoned, the period of probation, deferral, unless the person can satisfy the commission of sufficient rehabilitation. This rule shall also apply to licensees who voluntarily turn in their license because of, or in anticipation of, a conviction. 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 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” Last date to appeal September 29, 2020

Name: JUAN CESAR TORRES-CASAS Ruling Date: 1/14/2021
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2020-DAA-47-REST Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 9/19/2020 Suspension End: 1/14/2021
Ruling Text: 1.14.21 - RE: 2020-DAA-47 - Restored to Good Standing. Issuance of a license in the State of NM granted by Commission.

BEFORE THE STATE RACING COMMISSION
OF THE STATE OF NEW MEXICO
IN THE MATTER OF: JUAN CESAR TORRES-CASAS (ID #163207) 2020-DAA-47-REST FOR RULING #2020-DAA-47 ISSUED BY THE DOWNS AT ALBUQUERQUE BOARD OF STEWARDS

DECISION BY COMMISSION
Applicant, Juan Cesar Torres-Casas, having come before the Commission at the Regular Commission Meeting on January 14, 2021 and requested to the Commission to reconsider issuing him an Owner’s license having been denied by the Downs at Albuquerque Board of Stewards due to a felony conviction regarding a controlled substance. Whereas Mr. Torres-Casas appeared before the Downs at Albuquerque Board of Stewards for licensing on July 30, 2020. Whereas Mr. Torres-Casas was issued a owners license on July 30, 2020 by the Commission. Whereas Mr. Torres-Casas submitted fingerprints for a criminal background check, upon receipt of Mr. Torres-Casas’ criminal background check, it was found that Mr. Torres-Casas falsified his license application. Whereas Mr. Torres-Casas failed to appear before the Downs at Albuquerque for his hearing on September 19, 2020. Whereas Mr. Torres-Casas’ owners license was revoked, and pursuant to New Mexico Statute 60-1A-11 C., was ordered to appear before the Commission to show he has been “sufficiently rehabilitated”. Whereas Mr. Torres- Casas appeared Before the Commission via Zoom at its regularly scheduled meeting on January 14, 2021, the Commission made a motion and voted unanimously to deem Mr. Torres-Casas eligible to obtain a license in the State of New Mexico. It is hereby ordered on this day, January 14, 2021, by the New Mexico Racing Commission that Mr. Juan Cesar Torres- Casas be eligible to obtain a license in the State of New Mexico.

Original signed by: Beverly Bourguet, Chairwoman of NM Racing Commission on 01.27.21

Name: RICHARD HENDRITS Ruling Date: 9/16/2020
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2020-MP-110 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING #110 DATE: 9/16/2020 NAME: Richard Hendriks DOB: 3/5/1964 PERMIT: # 36282 Trainer

The Stewards hereby impose the following penalty: Trainer Richard Hendriks is hereby fined one hundred dollars ($100.00) for violation of WV Rule of Racing 178-1-44.1 “its breed registration certificate is not on file with the association’s racing secretary one-half (1/2) hour before post time for the first race; the stewards may waive this requirement if the information contained on the registration certificate is otherwise available and the horse is otherwise correctly identified to the steward’s satisfaction; provided that the stewards shall not waive this requirement if the horse is scheduled to start in a claiming race.” Mr. Hendriks failed to have the foal registration papers on file with the Racing Secretary’s office for the horse “Sandy Lane Kitten” for the running of the 1st race on Wednesday, September 16, 2020.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 days after the ruling is issued, unless otherwise ordered by the Stewards, per WV 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 the ruling and must include a security fee in the amount of $500.00.

Name: Dean C Fletcher Ruling Date: 9/10/2020
Jurisdiction: Manitoba Horse Racing Commission Facility: Assiniboia Downs
Ruling Number: 28 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: Pursuant to: Rule 15(20) Jockey Engagements Should any jockey leave Manitoba or be unable for any reason to honour her riding engagements, her or her agent, shall prompltly notify the Stewards accordingly, Jockey agent Dean Fletcher (MHRC lic.557) after appearing before the Stewards is hereby fined the sum of $200 for failure to notify the Stewards that Kayla Pizarro was taking off her mounts on Monday, September 7, 2020 Fine payable with 72 hours Ruling may be appealed within 48 hours
Name: REYES MANUEL GOMEZ Ruling Date: 8/30/2020
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2020-RUI-92 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: Jockey Gomez, Reyes Manuel was summoned and failed to appear, respond, or send a jockey guild’s representative for a hearing before the Board of Stewards on August 30, 2020. The hearing was regarding a failure to appear for films on August 30, 2020 in the Stewards office at Ruidoso Downs. Film review for race 5 @ Ruidoso Downs on August 29, 2020 for a disqualification of his mount Stellar Return from 6th place and placed ninth(9th) for impeding the #7 in the late stretch run. The Board of Stewards hereby fine Reyes Manuel Gomez in the amount of one hundred ($100.00) dollars, for failure to appear. First Violation in this category in 365 days. The fine is to be paid on or before September 29, 2020 in accordance with 15.2.3.8(B)(3)(k). Failure to pay the fine within the time prescribed will result in immediate suspension.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(4)(d) Nonappearance Of A Summoned Party Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the board of stewards. 15.2.1.9(B)(4)(A) Notice Of Hearing- Jockey Except as provided by these rules regarding summary suspension, jockey riding infractions and trial races, the stewards or a racing commission designee shall provide written notice, at least 10 days before the hearing, to a person who is the subject of a disciplinary hearing. The person may waive their right to 10 days notice by executing a written waiver. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (a)(c)(d)Stewards General Authority /16.47.1.8 (T) KNOWLEDGE OF RULES/16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required/ 16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/

Name: REYES MANUEL GOMEZ Ruling Date: 1/27/2021
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2020-RUI-92-FTC Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: RE: 2020-RUI-92 - Failure to Comply 1/27/21 Failure to pay fine
Name: Colleen M O'Hagan Ruling Date: 8/27/2020
Jurisdiction: Manitoba Horse Racing Commission Facility: Assiniboia Downs
Ruling Number: 26 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Pursaunt to Rule 19(1)c) No horse shall be permitted to enter or start unless; c) at the time of entry the horse is eligible to the conditions of the race as specified by the Race Secretary. Trainer Colleen O'Hagan(MHRC LIC.4553) after appearing before the Stewards is hereby fined the sum of $200 for entering an ineligible horse in the 3rd race Wednesday August 26 2020 necessitating a Steward's scratch of the horse HEADSPACE Fine payable within 72 hours Ruling may be appealed within 48 hours
Name: Nirone Kimarsaan Austin Ruling Date: 8/26/2020
Jurisdiction: Manitoba Horse Racing Commission Facility: Assiniboia Downs
Ruling Number: 22 Ruling Type: Failure to Report or Make Correct Weight
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Pursuant to Rule 22(11)c) Overweight Jockey Failure on the part of a jockey to comply with this rule shall be reported to the Stewards

Jockey Nirone Austin after appearing before the Stewards is hereby fined the sum of $200.00 for Over-Weight Jockey on August 24 2020 Fine payable within 72 hours Fine may be appealed within 48 hours

Name: Zac Meikle Ruling Date: 8/20/2020
Jurisdiction: Manitoba Horse Racing Commission Facility: Assiniboia Downs
Ruling Number: 20 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Pursuant to: Rule 11(3)m Being a jockey, misuse of whip;

Jockey Zac Meikle (MHRC lic#5012) fter appearing before the Stewards is hereby fined the sum of $200 for misuse of the whip in the 2nd race on Wednesday August 19, 2020 when he applied his whip 12 times in succession without giving his mount COMMANDO BEACH a chance to respond.

Fine payable with 72 hours. Ruling may be appealed within 48 hours.

Name: JORGE MARTIN BOURDIEU Ruling Date: 8/14/2020
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2020-DAA-8 Ruling Type: Race Office/Track Rule Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: Jockey: Jorge Bourdieu, was duly notified and waived his right to a hearing on August 12, 2020. Jorge Bourdieu is found in violation of Commission rules concerning:
A security citation issued on July 30, 2020 at Albuquerque Downs Racetrack.
Violated the Governor’s Covid-19 Quarentine order. This conduct, action, or omission has resulted in a fine of $250.00, to paid on or before September 14, 2020, in accordance with 15.2.3.8 (B)(3)(k). Failure to pay the fine in the prescribed time shall result in an immediate suspension.

16.47.1.8(L)(1)(i) 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.”

This notice is written in accordance with: 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: 16.47.1.8(N-1) 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 a cashier’s check, or money order. Last date of appeal Aug 24,2020

Name: JORGE MARTIN BOURDIEU Ruling Date: 1/27/2021
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2020-DAA-8-FTC Ruling Type: Race Office/Track Rule Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: RE: 2020-DAA-8 - Failure to Comply 1/27/21

Failure to pay fine

Name: Nirone Kimarsaan Austin Ruling Date: 7/30/2020
Jurisdiction: Manitoba Horse Racing Commission Facility: Assiniboia Downs
Ruling Number: 12 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Pursuant to Rule 45d) If during a race a jockey willfully or carelessly strikes or toauches another jockey or another jockey's horse or equipment or misuses his whip in any manner, the misue may be deemed a foul

Jockey Nirone Austin(MHRC Lic4785) after appearing before the Stewards is hereby fined the sum of $200.00 for willfully striking another jockey during the running of the 5th race on Tuesday, July 28, 2020

Fine payable within 72 hours Ruling may be appealed within 48 hours.

Name: Eddie Clouston Ruling Date: 7/27/2020
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2020-MP-56 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING #56 DATE: 7/27/2020 NAME: Eddie Clouston DOB: 7/2/1965 PERMIT: # 30482 Owner/Trainer

The Stewards hereby impose the following penalty: Owner/Trainer Eddie Clouston is hereby fined three hundred dollars ($300.00) for violation of WV Rule of Racing 178-1-26.3.g “Each trainer is responsible for presenting his or her horse and being present in the paddock at a time appointed before post time of the race in which the horse is entered.” Mr. Clouston failed to have the horse “Peach Cove” present in the paddock for the 1st race on Monday, July 27, 2020, necessitating a late scratch.

All fines imposed by the stewards shall be paid to the Racing Commission within 7 days after the ruling is issued, unless otherwise ordered by the Stewards, per WV 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 the ruling and must include a security fee in the amount of $500.00.

Name: Nirone Kimarsaan Austin Ruling Date: 6/16/2020
Jurisdiction: Manitoba Horse Racing Commission Facility: Assiniboia Downs
Ruling Number: 5 Ruling Type: Failure to Report or Appear
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Pursuant to Rule 5(20)c) Failure to appear If a person who has been notified or a hearing pursuant to the rules fials to appear at the hearing, the Stewrds may impose a penalty for the failure to appear. Jockey Niron Austin (MHRC Lic#4785) after appearing before the Stewards is hereby fined the sum of $100.00 for failure to appear at the hearing on Thursday June 11, 2020 Fine payable within 72 hours Ruling may be appealed with 48 hours.
Name: RAFAEL UNKNOWN ZENTENO Ruling Date: 6/9/2020
Jurisdiction: Manitoba Horse Racing Commission Facility: Assiniboia Downs
Ruling Number: 3 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Pursuant to Rule 15(51) A Jockey who rides carelessly or dangerously, willfully or otherwise may be disciplined. Jockey Rafael Zenteno Rivas JR (MHRC lic.#4904) after appearing before the Stewards is hereby fined the sum of $200 for careless riding in the 1st race held on Monday, June 8, 2020 when he allowed his mount #5 WITTS GOLD to come over into the path of 34 ADVANTAGEOUS forcing the rider to come in and put pressure on the rest of the field. WITTS GOLD was disqualified from first and placed last.
Name: TERRELL MATHIAS HEMMER Ruling Date: 5/27/2020
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2020-FON-21 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/trainer Terrell Hemmer having been properly served and waived his right to a formal Stewards hearing for a violation of Nebraska State Racing Commission Rule 18.011 (Trainer is absolute insure of condition of horses trained by him and entered in a race and is responsible for the presesnts of any drug or medication in such horses). Truesdail Laboratories reported that the blood sample #77042 taken on April 22, 2020 from the horse "Lovesaflyin" who finished first in the 2nd race contained the drug 7-Nor-7-Carboxycannabidiol. Trainer Terrell Hemmer is hereby fined the sum of Five Hundred Dollar ($500) and the horse Lovesaflyin is disqualified from 1st and placed last. The new order of finish is as follows; 1st Miss Elise; 2nd Trepi's Trpl Crown; 3rd Question Markie; 4th Bee Merry; 5th Shade of Justice; 6th DeCats A Cougar; 7th Active Merry; 8th Lovesaflyin. Fine to be paid to the Nebraska Racing Commission within 72 hours.
Name: IRVING VELEZ Ruling Date: 3/12/2020
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2020-CT-22 Ruling Type: Warning Letter
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer, Irving Velez Permit: #31914 DOB: 02/13/1982, the official sample #E339953 taken from the runner “Bearcat Kitten” who finished first (1st) in the second (2nd) race on Friday, February 26, 2020, was reported by Industrial Testing Laboratory to contain Phenylbutazone above the authorized levels. Specifically, the blood sample contained 3.1 ug/mL. The measurement uncertainty at the threshold is +/- 0.4 ug/ml. The Stewards conclude that Mr. Velez has violated section(s) 178-1-49.6.a and 178-1-49.4.a.2, which reads: “Controlled therapeutic medications in excess of established threshold concentrations as set forth in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2, contained in table 178-1F at the end of this rule”. However, the Stewards determine the appropriate penalty on a case by case basis by considering the mitigating/aggravating factors. Based on the above, the penalty on Mr. Velez 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.
Name: EMILIO CADENA Ruling Date: 2/25/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-63 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/25/2020 Suspension End:
Ruling Text: Trainer, Emilio Cadena III, is hereby summarily suspended, (effective immediately, February 25, 2020) pending the outcome of his summary suspension hearing scheduled for March 3, 2020, at 9:30 a.m. in the office of the board of Stewards at Sunland Park ( 1200 Futurity Dr, Sunland Park, NM 88063), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to Emilio Cadena III being found in possession of injectables, needles, syringes and paraphernalia used for milk shaking during a security check of Emilio Cadena III’s barn and tack room.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a) Summary Suspension Which states in pertinent part “If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing”. 15.2.6.8 (B)(3) TREATMENT RESTRICTIONS: No person other than a veterinarian licensed to practice veterinary medicine in this jurisdiction and licensed by the commission, or a veterinary assistant licensed by the commission acting under the direct supervision of a licensed veterinarian, shall possess on any location under the jurisdiction of the commission any of the following unless approved by the commission(a) any drug which is a narcotic, stimulant, or depressant, or any other substance or medication that has been prepared or packaged for injection by a hypodermic syringe, or hypodermic needle; 15.2.6 NMAC 2 (b) any hypodermic syringe, hypodermic needle or any equipment associated with the aid of intravenous administration. 15.2.6.8(K)(1) Contraband No person on association grounds where horses are lodged or kept, excluding licensed veterinarians, shall have in that person’s care, custody or control, a drug, medication, chemical, foreign substance or 15.2.6 NMAC 12 other substance that is prohibited in a horse on a race day unless the product is labeled in accordance with Subsection H of 15.2.6.9 NMAC. This restriction includes, but is not limited to, locations on the association grounds where that person occupies, in that person’s personal property, effects or vehicle 16.47.1.8 (L)(1)(i) – Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 16.47.1.8 (E) : Agree to search and seizure Which states in pertinent part “By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law” 16.47.1.10 (B) ABSOLUTE INSURER 16.47.1.10 (C) (5) TRAINER RESPONSIBILITY: A trainer is responsible for the proper identity, custody, care, health, condition, and safety of horses in their charge. 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: EMILIO CADENA Ruling Date: 3/10/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-63-CC Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/25/2020 Suspension End:
Ruling Text: RE: 2020-SUN-63 - Case Continued Summary Suspension Hearing 2/29/2020 Trainer, Emilio Cadena III (currently under summary suspension) was duly notified and waived his right to a summary suspension hearing, on February 29, 2020 before the Board of Stewards. The summary suspension is in regard to Emilio Cadena III being found in possession of injectables, needles, syringes and paraphernalia used for milk shaking during a security check of Emilio Cadena III’s barn and tack room. .

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

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a) Summary Suspension Which states in pertinent part “If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing”. 15.2.6.8 (B)(3) TREATMENT RESTRICTIONS: No person other than a veterinarian licensed to practice veterinary medicine in this jurisdiction and licensed by the commission, or a veterinary assistant licensed by the commission acting under the direct supervision of a licensed veterinarian, shall possess on any location under the jurisdiction of the commission any of the following unless approved by the commission(a) any drug which is a narcotic, stimulant, or depressant, or any other substance or medication that has been prepared or packaged for injection by a hypodermic syringe, or hypodermic needle; 15.2.6 NMAC 2 (b) any hypodermic syringe, hypodermic needle or any equipment associated with the aid of intravenous administration. 15.2.6.8(K)(1) Contraband No person on association grounds where horses are lodged or kept, excluding licensed veterinarians, shall have in that person’s care, custody or control, a drug, medication, chemical, foreign substance or 15.2.6 NMAC 12 other substance that is prohibited in a horse on a race day unless the product is labeled in accordance with Subsection H of 15.2.6.9 NMAC. This restriction includes, but is not limited to, locations on the association grounds where that person occupies, in that person’s personal property, effects or vehicle 16.47.1.8 (L)(1)(i) – Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 16.47.1.8 (E) : Agree to search and seizure Which states in pertinent part “By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law” 16.47.1.10 (B) ABSOLUTE INSURER 16.47.1.10 (C) (5) TRAINER RESPONSIBILITY: A trainer is responsible for the proper identity, custody, care, health, condition, and safety of horses in their charge. 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: EMILIO CADENA Ruling Date: 6/25/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-63-FO Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/25/2020 Suspension End:
Ruling Text: RE: 2020-SUN-63 - Ruling Final Outcome:

Trainer, Emilio Cadena III (currently under summary suspension) was duly notified and failed to attend so the hearing was held in absencia, at 9:50 am which was scheduled at 9:30 am on June 22, 2020 before the Board of Stewards. This hearing is in regard to Emilio Cadena III being found in possession of injectables, needles, syringes and paraphernalia used for milk shaking during a security check of Emilio Cadena III’s barn and tack room. In accordance with 15.2.1.9 (C)(21), Emilio Cadena III is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC. Additionally, effective upon hearing the testimony and evidence that was presented to the Board of Stewards found licensee to be in violation of this ruling.For this violation the Emilio Cadena III is assessed the penalty of: Due to aggravating factors which include no labeling of injectables, syringes, milk-shaking equipment and the sheer volume of the medications. 1. A suspension of all licenses for a period of eighteen (18) months, ( February 25,2020 thru August 25,2021) inclusive. 2. A fine in the amount of $ 5,000.00 dollars, (five thousand dollars). 3. Refered to the Commission for futher action prior to any license issued.

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

15.2.1.9 (C)(21)(c) All transfers and sales of horses trained,owned, or in the care and custody of Emilio Cadena III must be done in accordance with 15.2.1.6.9.(A)(12)(a)(b) Medication and Prohibited Substances 16.47.1.10(D)(5) Asstistant Trainer 15.2.1.9. (B)(8)(b) Due Process and Disciplinary action. 15.2.1.9(B)(3)(a) Summary Suspension Which states in pertinent part “If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing”. 15.2.6.8 (B)(3) TREATMENT RESTRICTIONS: No person other than a veterinarian licensed to practice veterinary medicine in this jurisdiction and licensed by the commission, or a veterinary assistant licensed by the commission acting under the direct supervision of a licensed veterinarian, shall possess on any location under the jurisdiction of the commission any of the following unless approved by the commission(a) any drug which is a narcotic, stimulant, or depressant, or any other substance or medication that has been prepared or packaged for injection by a hypodermic syringe, or hypodermic needle; 15.2.6 NMAC 2 (b) any hypodermic syringe, hypodermic needle or any equipment associated with the aid of intravenous administration. 15.2.6.8(K)(1) Contraband No person on association grounds where horses are lodged or kept, excluding licensed veterinarians, shall have in that person’s care, custody or control, a drug, medication, chemical, foreign substance or 15.2.6 NMAC 12 other substance that is prohibited in a horse on a race day unless the product is labeled in accordance with Subsection H of 15.2.6.9 NMAC. This restriction includes, but is not limited to, locations on the association grounds where that person occupies, in that person’s personal property, effects or vehicle 16.47.1.8 (L)(1)(i) – Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 16.47.1.8 (E) : Agree to search and seizure Which states in pertinent part “By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law” 16.47.1.10 (B) ABSOLUTE INSURER 16.47.1.10 (C) (5) TRAINER RESPONSIBILITY: A trainer is responsible for the proper identity, custody, care, health, condition, and safety of horses in their charge. 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: MARIO FERNANDEZ Ruling Date: 2/21/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-56 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 15000 Fine Paid: N
Suspension Start: 2/21/2020 Suspension End: 8/20/2021
Ruling Text: Trainer, Mario Fernandez is hereby summarily suspended, effective immediately, February 21, 2020 pending the outcome of his summary suspension hearing scheduled for February 28, 2020, at 9:00 a.m. in the office of the board of Stewards at Sunland Park ( 1200 Futurity Dr, Sunland Park, NM 88063), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Quarter Horse Penalty A drug, albuterol, found in test sample E369307 taken from the Quarter Horse “Osberryfast”, who finished in second place and was disqualified to ninth place in the 1st race on February 2, 2020, at Sunland Park.

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

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

Name: MARIO FERNANDEZ Ruling Date: 2/28/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-56-CC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 15000 Fine Paid: N
Suspension Start: 2/21/2020 Suspension End: 8/20/2021
Ruling Text: RE: 2020-SUN-56 - Case Continued Summary Suspension Hearing 2/28/2020 Trainer Mario Fernandez (currently under summary suspension) was duly notified and appeared for his summary suspension hearing, on February 28, 2020 before the Board of Stewards. The summary suspension is in regard to the confirmed positive of the Class 3 Quarter Horse Penalty A drug, albuterol, found in test sample E369307 taken from the Quarter Horse “Osberryfast”, who finished in second place and was disqualified to ninth place in the 1st race on February 2, 2020, at Sunland Park.

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

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

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

Name: MARIO FERNANDEZ Ruling Date: 6/5/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-56-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 15000 Fine Paid: N
Suspension Start: 2/21/2020 Suspension End: 8/20/2021
Ruling Text: RE: 2020-SUN-56 - Ruling Final Outcome June 5, 2020

Trainer: Mario Fernandez, (currently under summary suspension) was duly notified and appeared by telephone before the Board of Stewards on June 5, 2020. The hearing was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses), Albuterol, found in test sample E369307 taken from the 2nd place finisher, later disqualified and placed 9th “Osberryfast”, in the 1st race on February 2, 2020, at Sunland Park Racetrack.

Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer and confirmed by U.C. Davis

Fernando Solis-Grajeda, is the owner of record for the horse “Osberryfast”.

Aggravating Factor: Albuterol is a Zero tolerance drug in New Mexico. Aggravating Factor: Potential of the drug to influence a horse’s performance Aggravating Factor: Past record of medication violations.

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

  1. A 1 ½ year suspension of all NMRC licenses (retroactive from summary suspension) February 21, 2020, through August 20, 2021, inclusive.
  2. A (15,000.00) Fifteen thousand dollar fine to paid on or before July 4, 2020, in accordance with 15.2.3.8 (B)(3)(k). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
In accordance with 15.2.1.9 (C)(21), Mario Fernandez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Mario Fernandez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained, owned, or in the care and custody of Mario Fernandez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found in violation of and ruling written in accordance with: Licensee is found in violation of and this ruling is written in accordance with: 15.2.6.9 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 - Albuterol Class A Classification for Quarter horses 15.2.6.9(C)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions, 15.2.6.9(B)(1)Penalty Recommendations 15.2.6.9(C)(4) There is no permissible concentration of Clenbuterol or Albuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2) Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. LAST DAY FOR APPEAL: June 15, 2020

Name: MARIO FERNANDEZ Ruling Date: 1/27/2021
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-56-FTC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 15000 Fine Paid: N
Suspension Start: 2/21/2020 Suspension End: 8/20/2021
Ruling Text: RE: 2020-SUN-56 - Failure to Comply 1/27/21

Failure to pay fine

Name: GERARDO A CORRALES Ruling Date: 1/17/2020
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #20-0003 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/23/2020 Suspension End: 1/25/2020
Ruling Text: Jockey: Gerardo Corrales (D.O.B. 2/5/1996)

After a hearing before the Board of Stewards, Gerardo Corrales who rode LINER in the eighth race at Turfway Park on January 11, 2020, is hereby suspended three (3) racing days, January 23, through January 25, 2020 (inclusive) for careless riding that resulted in the disqualification of his mount.

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

By Order of the Stewards

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

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

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

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

  1. A 30 day suspension of all NMRC licenses starting December 28, 2020, through January 27, 2021, inclusive. These dates are associated with other rulings, and may become effective immediately if those rulings are amended.
  2. A ($750.00) Seven Hundred Dollar fine to be paid on or before February 3, 2020, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.

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

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

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

Name: JAVIER P MONTOYA Ruling Date: 12/31/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-280 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 12/8/2019 Suspension End: 12/27/2020
Ruling Text: Trainer Javier Montoya, is hereby summarily suspended, effective immediately, December 29, 2019, pending the outcome of his summary suspension hearing on January 7, 2020, at 9:00 a.m. in the office of the Board of Stewards at Sunland Park (1200 Futurity Dr. Sunland Park, NM 88063), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses), Controlled Substance, Clenbuterol, found in the urine in test sample E355056 taken from, “JM Silver Bullet”, who finished in second place in the 6th race on December 8, 2019, at Zia Park Racetrack.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- Clenbuterol Class A Classification for Quarter horses 15.2.6.9(C)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information

Name: JAVIER P MONTOYA Ruling Date: 1/5/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-280-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 12/8/2019 Suspension End: 12/27/2020
Ruling Text: RE: 2019-SUN-280 - Ruling Final Outcome Trainer: Javier Montoya (currently under summary suspension) was duly notified and waived his right to a hearing before the Board of Stewards on January 4, 2020. The hearing was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses), controlled substance Clenbuterol, found in test sample E355056 taken from the 2nd place finisher, “JM Silver Bullet”, in the 6th race on December 8, 2019, at Zia Park.

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

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

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

  1. A 1 year suspension of all NMRC licenses (retroactive from summary suspension) December 28, 2019, through December 27, 2020, inclusive.
  2. A (10,000.00) ten thousand dollar fine to paid on or before February 3, 2020, in accordance with 15.2.3.8 (B)(3)(k). Failure to pay the fine in the prescribed time shall result in an immediate suspension.

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

Licensee is found in violation of and ruling written in accordance with: Licensee is found in violation of and this ruling is written in accordance with: 15.2.6.9 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- Clenbuterol Class A Classification for Quarter horses 15.2.6.9(C)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.8(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

Name: JEFFREY LOREN SMITH Ruling Date: 12/28/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-275 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/28/2019 Suspension End: 12/28/2020
Ruling Text: Exercise Rider Jeffery L. Smith is hereby summarily suspended, effective immediately December 28, 2019, pending the outcome of his summary suspension hearing on January 7, 2020, @ 8:30 a.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, regarding the drug test taken on 12/26/2019 in which Jeffery L. Smith tested positive for amphetamines. During said time of applicable suspension Jeffery L. Smith 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) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 16.47.1.17 (A)(1) TESTING PROCEDURES At its discretion, the commission may conduct random or episodic random drug testing, as well as testing based on reasonable suspicion, in order to ensure safety on the racetrack. 16.47.1.17 (A)(2) TESTING PROCEDURES When conducted, random drug testing shall apply, equally, to all licensees who are, at the time of the random testing, exercising the privileges of their license in such ways as may affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas. 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. 16.47.1.18 (B) ASSESSMENT/TREATMENT REQUIREMENTS GENERAL FIRST-TIME OFFENDERS 16.47.1.17 (A)(3) TESTING PROCEDURES No notice need be given as to onset or cessation of random testing. 16.47.1.8 (E) Consent to Search and Seizure By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law. 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information 15.2.2.8(V)(1) EJECTION AND EXCLUSION An association shall immediately eject from the association grounds a person who is subject to such an exclusion order of the commission or stewards and notify the commission of the ejection.

Name: JEFFREY LOREN SMITH Ruling Date: 1/7/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-275-CC Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/28/2019 Suspension End: 12/28/2020
Ruling Text: RE: 2019-SUN-275 - Case Continued Exercise rider Jeffery L. Smith, (currently under summary suspension) was duly notified and failed to appear before the Board of Stewards, and had his summary suspension hearing in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance on January 7, 2020. The summary suspension hearing was in regard to the summary suspension instated on December 28, 2019, regarding the drug test taken on 12/26/2019 in which Jeffery L. Smith tested positive for amphetamines.

Exercise rider Jeffery L. Smith shall remain summarily suspended pending the results of his disciplinary hearing scheduled for a later date.

Licensee is found in violation of and this ruling is written in accordance: 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B) (3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 16.47.1.17 (A) (1) TESTING PROCEDURES At its discretion, the commission may conduct random or episodic random drug testing, as well as testing based on reasonable suspicion, in order to ensure safety on the racetrack. 16.47.1.17 (A)(2) TESTING PROCEDURES When conducted, random drug testing shall apply, equally, to all licensees who are, at the time of the random testing, exercising the privileges of their license in such ways as may affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas. 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. 16.47.1.18 (B) ASSESSMENT/TREATMENT REQUIREMENTS GENERAL FIRST-TIME OFFENDERS 16.47.1.17 (A) (3) TESTING PROCEDURES No notice need be given as to onset or cessation of random testing. 16.47.1.8 (E) Consent to Search and Seizure By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law. 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule.15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information

Name: JEFFREY LOREN SMITH Ruling Date: 1/26/2021
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-275-FO Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/28/2019 Suspension End: 12/28/2020
Ruling Text: RE: 2019-SUN-275 - Ruling Final Outcome 1/26/21 Exercise rider Jeffery L. Smith, (currently under summary suspension) waived his right to a 10 day notice and hearing before the Board of Stewards on January 26, 2021. The disciplinary hearing was in regard to the summary suspension instated on December 28, 2019, regarding the drug test taken on 12/26/2019 in which Jeffery L. Smith tested positive for amphetamines.

The Board of Stewards hereby assesses a penalty as follows:

    1. A 1 year suspension retroactive to the date of the summary suspension December 28, 2019 through December 28, 2020.
    2. Must provide proof of rehabilitation prior to licensure and complete all licensing requirements.

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

16.47.1.17 (A) (1) TESTING PROCEDURES At its discretion, the commission may conduct random or episodic random drug testing, as well as testing based on reasonable suspicion, in order to ensure safety on the racetrack. 16.47.1.17 (A)(2) TESTING PROCEDURES When conducted, random drug testing shall apply, equally, to all licensees who are, at the time of the random testing, exercising the privileges of their license in such ways as may affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas. 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. 16.47.1.18 (B) ASSESSMENT/TREATMENT REQUIREMENTS GENERAL FIRST-TIME OFFENDERS 16.47.1.17 (A) (3) TESTING PROCEDURES No notice need be given as to onset or cessation of random testing. 16.47.1.8 (E) Consent to Search and Seizure By acceptance of a license,.15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information

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

Name: BRIAN A LYNCH Ruling Date: 11/20/2019
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #19-0111 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 12/15/2019 Suspension End: 12/29/2019
Ruling Text: Trainer: Brian A. Lynch (D.O.B. 5/1/1964)

Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at ALS-Truesdail Laboratories, both blood and urine samples number E313634 taken from INTO A HOT SPOT, who finished first in the fifth race at Churchill Downs on May 16, 2019 contained Gabapentin (Class B). After waiving his right to a formal hearing before the Board of Stewards Brian A. Lynch is hereby suspended THIRTY (30) days and fined FIVE HUNDRED ($500.00) DOLLARS. Due to mitigating circumstances, FIFTEEN (15) days are to be served from December 15, 2019 through December 29, 2019 (inclusive). The remaining FIFTEEN (15) days are stayed on the condition that no Class A, Class B or Class C medication violation occurs in any racing jurisdiction within 365 days from the date of this ruling. INTO A HOT SPOT is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. During his suspension Mr. Lynch is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Entry of all horses owned or trained by Mr. Lynch is denied pending transfer to persons acceptable to the stewards. Upon receipt of this ruling, it is required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject the licensee to summary suspension of license pursuant to 810 KAR 1:025 Section 14 (cc).

810 KAR 1:008 Section 3, subsection (4) 810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:018 Section 2 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028, Section 4, subsection (2)(a)(b) BY ORDER OF THE STEWARDS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Name: RICARDO GARCIA ARMENDARIZ Ruling Date: 1/27/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2019-ZIA-68-FTC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: RE: 2019-ZIA-68 - Failure to Comply 1/27/21 Fine not paid
Name: STEPHANIE LYNN BELTRAN Ruling Date: 8/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-28 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: Trainer, Stephanie L. Beltran, is hereby summarily suspended, effective immediately, August 17, 2019 pending the outcome of her summary suspension hearing scheduled for August 25, 2019, at 9:00 a.m. in the office of the Board of Stewards at the Downs of Albuquerque (145 Louisiana Blvd. NE Albuquerque, NM 87108), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Quarter Horse Penalty A drug, albuterol, found in test sample #E317290 taken from the first place finisher, for the Quarter Horse “Curlys Fast”, in the 6th race on August 2, 2019, at the Downs of Albuquerque.

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

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

Name: STEPHANIE LYNN BELTRAN Ruling Date: 8/28/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-28-CC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: RE: 2019-DAA-28 - Case Continued Trainer Stephanie L. Beltran, (currently under summary suspension) was duly notified and appeared for a summary suspension hearing before the Board of Stewards on August 25, 2019. The summary suspension was in regard to the confirmed positive of the Class 3 Quarter Horse Penalty A drug, albuterol, found in test sample #E317290 taken from the first place finisher, for the Quarter Horse “Curlys Fast”, in the 6th race on August 2, 2019, at the Downs of Albuquerque.

In accordance with 15.2.1.9(B)(3)(a), the Board of Stewards hereby continue the summary suspension of all licenses belonging to Stephanie L. Beltran pending the results of her disciplinary hearing.

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

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

Name: STEPHANIE LYNN BELTRAN Ruling Date: 10/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-28-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: RE: 2019-DAA-28 - Ruling Final Outcome
Name: STEPHANIE LYNN BELTRAN Ruling Date: 10/25/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-28-FO1 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: RE: 2019-DAA-28 - Ruling Final Outcome Trainer, Stephanie Lynn Beltran, (currently under summary suspension) was duly notified, appeared and waived her right to a hearing before the Board of Stewards on October 20, 2019. The hearing was in regard to the confirmed positive of the Drug, Class 3 Penalty Class A (Quarter Horses), Albuterol, found in the urine in test sample E317290 taken from the first place finisher, “Curlys Fast”, in the 6th race on August 2, 2019, at the Downs of Albuquerque.

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

Jose A. Beltran, the owner of record for the horse “Curlys Fast”, was duly notified and appeared for the hearing.

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

1)A one year suspension of all NMRC licenses (retroactive from summary suspension) August 17, 2019, through August 15, 2020, inclusive.

2)A (10,000.00) Ten Thousand dollar fine to be paid on or before November 20, 2019, in accordance with 15.2.3.8 (B)(3)(k). Failure to pay the fine in the prescribed time shall result in an immediate suspension.

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

Licensee is found in violation of and ruling written in accordance with: Licensee is found in violation of and this ruling is written in accordance with: 15.2.6.9 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 11- Albuterol Class A Classification for Quarter horses 15.2.6.9(C)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol or albuterol that is allowed to appear in any official sample. This includes samples collected from Quarter Horses and Thoroughbreds. 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of a money order, cashier's check or a corporate check.

Name: STEPHANIE LYNN BELTRAN Ruling Date: 1/27/2021
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-28-FTC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: RE: 2019-DAA-28 - Failure to Comply 1/27/21 Fine not paid
Name: JEFFREY LOREN SMITH Ruling Date: 8/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2019-DAA-22 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 Assistant Starter’s license issued to Jeff Smith is herby rescinded without prejudice as he is no longer working in this category.

This ruling is in accordance with: 16.47.1.8 (M)(2)Duration Of License Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such a license. 15.2.1.8(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/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b):

Name: GABRIEL GAMA Ruling Date: 6/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-87 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 6/17/2019 Suspension End:
Ruling Text: Trainer, Gabriel Gama, is hereby summarily suspended, effective immediately, June 17, 2019, pending the outcome of his hearing on June 23, 2019, @ 9:00 a.m in the office of the Board of Stewards at Ruidoso Downs Racetrack (26225 US-70, Ruidoso NM 88346.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses), Controlled Substance, clenbuterol, found in test sample #E316869 taken from the second place finisher (trained by Gabriel Gama), “ITY BITTY BLING”, in the 4th race on June 2, 2019, at Ruidoso Downs.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- Clenbuterol Class A Classification for Quarter horses 15.2.6.9(C)(1)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: GABRIEL GAMA Ruling Date: 6/24/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-87-CC Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 6/17/2019 Suspension End:
Ruling Text: RE: 2019-RUI-87 - Case Continued Trainer, Gabriel Gama (currently under summary suspension) was duly notified and appeared for a summary suspension hearing before the Board of Stewards on June 23, 2019. The summary suspension was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses), Controlled Substance, clenbuterol, found in test sample #E316869 taken from the second place finisher (trained by Gabriel Gama), “ITY BITTY BLING”, in the 4th race on June 2, 2019, at Ruidoso Downs.

In accordance with 15.2.1.9(B)(3)(a), the Board of Stewards hereby continue the summary suspension of all licenses belonging to Gabriel Gama pending the outcome is his disciplinary hearing Scheduled for July 13, 2019, in the office of the Board of Stewards at Ruidoso Downs Racetrack (26225 US-70, Ruidoso NM 88346.),

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- Clenbuterol Class A Classification for Quarter horses 15.2.6.9(C)(1)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970.15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample.16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: GABRIEL GAMA Ruling Date: 7/14/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-87-AFF Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 6/17/2019 Suspension End:
Ruling Text: RE: 2019-RUI-87 - Penalty Affirmed

Trainer, Gabriel Gama (currently under summary suspension) was duly notified and appeared for a hearing before the Board of Stewards on July 13, 2019. The hearing was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses), Controlled Substance, clenbuterol, found in test sample #E316869 taken from the second place finisher (trained by Gabriel Gama), “ITY BITTY BLING”, in the 4th race on June 2, 2019, at Ruidoso Downs. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Gabriel Gama.

Ernesto A. Martinez, the owner of record for horse “ITY BITTY BLING”, was duly notified and failed to appear for this hearing. This is Ernesto A. Martinez’s FIRST Class 3A medication violation in a LIFETIME.

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

    1. A 1 year suspension of all NMRC licenses (retroactive from summary suspension) June 17, 2019, through June 16, 2020, inclusive.
    2. A (10,000.00) ten thousand dollar fine to paid on or before August 14, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time shall result in an immediate suspension.

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

Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations /16.47.1.8(T)Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/ 16.47.1.10(B) (1)(2)(3)Absolute Insurer15.2.1.9(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: GABRIEL GAMA Ruling Date: 1/27/2021
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-87-FTC Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 6/17/2019 Suspension End:
Ruling Text: RE: 2019-RUI-87 - Failure to Comply 1/27/21

Failure to pay fine

Name: MARTIN RODRIGUEZ ORONA Ruling Date: 6/7/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-66 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/7/2019 Suspension End: 7/24/2019
Ruling Text: Trainer, Martin Orona Sr., is hereby summarily suspended, effective immediately, June 7, 2019, pending the outcome of his hearing on June 17, 2019, @ 12:00 p.m in the office of the Board of Stewards at Ruidoso Downs Racetrack (26225 US-70, Ruidoso NM 88346.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses) Controlled Substance, clenbuterol, found test sample #E316797 taken from the second place finisher (trained by Martin Orona Sr.), “DADDIES GIRL”, in the 6th race on May 27, 2019, at Ruidoso Downs.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- Clenbuterol Class A Classification for Quarter horses 15.2.6.9(C)(1)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: MARTIN RODRIGUEZ ORONA Ruling Date: 6/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-66-CC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/7/2019 Suspension End: 7/24/2019
Ruling Text: RE: 2019-RUI-66 - Case Continued Trainer Martin Orona Sr. (currently under summary suspension) was duly notified and represented telephonically by counsel Gene Chavez for a summary suspension hearing before the Board of Stewards on June 17, 2019. The summary suspension was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses) Controlled Substance, clenbuterol, found in test sample #E316797 taken from the second place finisher (trained by Martin Orona Sr.), “DADDIES GIRL”, in the 6th race on May 27, 2019, at Ruidoso Downs.

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

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.6 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg 18- Clenbuterol Class A Classification for Quarter horses 15.2.6.9(C)(1)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(B)(1)Penalty Recommendations 15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970. 15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample. 16.47.1.8 (U)(1)(2) PROTECTION OF HORSES 16.47.1.10(B)(1)(2)Absolute Insurer 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: MARTIN RODRIGUEZ ORONA Ruling Date: 7/24/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-66-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/7/2019 Suspension End: 7/24/2019
Ruling Text: Due to a detrimental procedurel error in this case involving sample # E316797 taken from DADDIES GIRL who placed second in the 6th race on May 27th, 2019 trained by Martin Orona Sr. is hereby dismissed. Therefore as of July 24,2019 the summary suspention is hereby lifted.

This Ruling is written in accordance with: 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. 15.2.1.8(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." pension

Name: MARTIN RODRIGUEZ ORONA Ruling Date: 4/27/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-253 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 4/29/2019 Suspension End: 5/13/2019
Ruling Text: Trainer Martin Orona Sr. was duly notified and waived his right to a hearing before the Board of Stewards, and was represented by his attorney Daniel Marquez, on April 27, 2019. The hearing was in regard to a confirmed positive for the therapeutic drug Flunixin (class 4C major), found in test sample #E291091. The test sample was taken from the horse, “Ave Fenix”, following the 4th race on December 1, 2018 at Zia Park Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Flunixin at 180 +/- 3 ng/ml in the blood, which exceeds 100 ng/ml making it a 4C major. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer.

Miguel Galindo was the owner of record at the time of the incident for the horse “Ave Fenix”.

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

    1. A ($1,500) one thousand five hundred dollar fine to paid on or before May 27, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time shall result in an immediate suspension.
    2. A 15 day suspension of all NMRC licenses starting April 29, 2019, through May 13, 2019, inclusive.

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

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

Name: JEFFREY LOREN SMITH Ruling Date: 4/7/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-211 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 Jockey’s license issued to Jeff Smith is herby rescinded without prejudice as he is no longer working in this category.

This ruling is in accordance with: 16.47.1.8 (M)(2)Duration Of License Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such a license. 15.2.1.8(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/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b):

Name: CHARLES RONALD HARVATT Ruling Date: 2/8/2019
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 23196 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint - 2019002105 -- F.S. 550.2415 = Flunixin & Phenylbutazone. "POLLACK"
Name: ROBERT MECHE Ruling Date: 1/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-33 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/19/2019 Suspension End: 1/18/2020
Ruling Text: Trainer/Owner: Robert Meche, having been duly notified and failed to appear before the Board of Stewards on January 18, 2019. The hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance. The hearing was in regard to Robert Meche failing to report, as instructed, to the Zia Park Test Barn Facility on November 11, 2018, with the horses “All Blinged Up”, “RKM a Perfect Storm” and “Jess Groovy” which were selected for out of competition testing. Robert Meche was properly notified in accordance with 15.2.6.9 J (1) (a-e) OUT OF COMPETITION TESTING . The Board of Stewards hereby access Robert Meche: A penalty of one year suspension of all NMRC licenses starting January 19, 2019, through January 18,2020, inclusive. The horses “All Blinged Up”, “RKM a Perfect Storm” and “Jess Groovy” are placed on the stewards list for a minimum of 120 days beginning November 12, 2018. These horses must pass a hair test before entry.

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

Licensee is found in violation of and in accordance with: 15.2.6.9 J (8) (a-b) All horses selected for testing must be presented to the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, at the time designated, unless the trainer or owner provides verification of an extenuating circumstance that makes it impossible. Penalties for violations of this subsection include: (a) any horse not presented for testing upon notification absent extenuating circumstances will be placed immediately on the steward’s list for a minimum of 60 days and shall be subject to all the requirements set forth in Paragraph (8) of Subsection C of 15.2.6.9 NMAC; and b) the licensed trainer of a horse not presented for testing upon notification and absent extenuating circumstances is a minimum license suspension of one year. 16.47.1.8(L)(1)(e)(i)(3) GROUNDS FOR DISAPLINARY MEASURES FOR A LICENSEEE AND REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE/ 15.2.6.9 J (7) (a)(b) OUT OF COMPETITION TESTING15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ROBERT MECHE Ruling Date: 1/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-33-ASC Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/19/2019 Suspension End: 1/18/2020
Ruling Text: RE: 2019-SUN-33 - Appeal Submitted to Commission

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

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

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

Licensee is found in violation of and in accordance with: 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. 15.2.6.9 J (8) (a-b) All horses selected for testing must be presented to the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, at the time designated, unless the trainer or owner provides verification of an extenuating circumstance that makes it impossible. Penalties for violations of this subsection include: (a) any horse not presented for testing upon notification absent extenuating circumstances will be placed immediately on the steward’s list for a minimum of 60 days and shall be subject to all the requirements set forth in Paragraph (8) of Subsection C of 15.2.6.9 NMAC; and b) the licensed trainer of a horse not presented for testing upon notification and absent extenuating circumstances is a minimum license suspension of one year. 16.47.1.8(L)(1)(e)(i)(3) GROUNDS FOR DISAPLINARY MEASURES FOR A LICENSEEE AND REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE/ 15.2.6.9 J (7) (a)(b) OUT OF COMPETITION TESTING15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ROBERT MECHE Ruling Date: 12/18/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-33-AFF Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/19/2019 Suspension End: 1/18/2020
Ruling Text: RE: 2019-SUN-33 - Penalty Affirmed

BEFORE THE STATE OF NEW MEXICO RACING COMMISSION
IN THE MATTER OF THE APPEAL OF: TRAINER/OWNER ROBERT MECHE (ID#34072) FOR RULING #2019-SUN-33 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS 2019-SUN-33-AFF FOR UNDESIRABLE CONDUCT (FAILURE TO PRODUCE HORSE FOR OUT OF COMPETITION TESTING) HORSES: "ALL BLINGED UP", "RKM A PERFECT STORM" AND "JESS GROOVY"

RESPONDENT.

DECISION AND ORDER THIS MATTER came before the New Mexico Racing Commission (“Commission”) at its regularly scheduled meeting on November 21, 2019, for review and decision on the Hearing Officer’s Report, Findings of Fact and Conclusions of Law and Recommendations. A formal evidentiary hearing was held in this matter on October 8, 2019, by designated Hearing Officer Kevin L. Fitzwater. The hearing was transcribed by Rebecca Fella of Williams & Associates, LLC and the transcripts are in the custody of the Racing Commission. The Administrative Prosecutor for the Commission was Mark F. Swanson. Respondent Trainer/Owner Robert Meche (“Respondent”) appeared for the hearing telephonically and pro se.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Pursuant to the New Mexico Horse Racing Act, NMSA 1978, Sections 60-1A-1 through -30, the Commission, having familiarized itself with the transcript of the hearing; the Hearing Officer’s Report and the exhibits admitted into evidence; hereby adopts the Hearing Officer’s Report, Findings of Fact and Conclusions of Law and Recommendations in its entirety and are hereby attached and incorporated into this Decision and Order.

ORDER IT IS THEREFORE ORDERED that the license issued to Respondent Trainer/Owner Robert Meche is suspended for a period of one year from the date of this Decision and Order. Mr. Meche will be given credit for time served under suspension from January 19, 2019. His one year suspension will conclude on January 18, 2020. This Decision and Order shall be served upon Respondent in accordance with law. Additionally, pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order 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 the filing of this Order.

SO ORDERED on this 18th day of December, 2019.

Original signed by: BEVERLY BOURGUET Chairwoman, New Mexico Racing Commission on December 18, 2019

Name: DALLAS JAY BARTON Ruling Date: 1/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-29 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Dallas Barton, having been duly notified and appeared before the Board of Stewards on January 18, 2019, regarding a Certificate of Analysis from Industrial Laboratories (The official testing laboratory for the NMRC) for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4 penalty category C Major) found in test sample E290492 taken from the winnerThunder Dome” following the 9th race, on October 14, 2018, at Zia Park Racetrack, in Hobbs, NM.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated the finding of Phenylbutazone at 12.3 +/- 0.4 micrograms per milliliter in the blood, which exceeds the allowable limit of 2.0 micrograms per milliliter in the blood for a minor and which also exceeds the limit of 5.0 mcg/ml making it a 4C major. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer and confirmed at (12.33 +/- 0.49) by Pennsylvania Department of Agriculture.

William D. Carson, Sr. William F Leach and Myrick H Carson, Jr., are the owners of record for horse “Thunder Dome”, were duly notified and failed to appear for this hearing.

For Dallas Bartons FIRST Class 4C- Major medication violation in a 365-day period, the Board of Stewards hereby assess a 1. ($1,000) one thousand dollar fine to be paid on or before February 18, 2019, 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. The horse “Thunder Dome”, must pass a commission-approved examination before being eligible to enter.

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

Name: DALLAS JAY BARTON Ruling Date: 1/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-29-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-29 - Appeal Submitted to Commission

Appeal received at Sunland Park Racetrack on January 22, 2019 at 9:40 AM.

Name: CHARLENE KAY DAVILA Ruling Date: 10/21/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-122 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Groom Charlene Davila was duly notified and appeared before the Board of Stewards on October 20, 2018. The hearing was in regard to Charlene Davila’s conduct towards the test barn and security officials at Zia Park Racetrack on October 7, 2018.

The Board of Stewards hereby fines Charlene Davila in the amount of one hundred dollars ($100.00). The fine is to be paid on or before November 21, 2018, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found to be in violation of and this Ruling is written in accordance with: 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: ELIZA APODACA Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-57 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End: 1/27/2021
Ruling Text: Spouse Pass, ELIZA APODACA is hereby suspended, effective immediately October 16, 2018, for failing to pay the fine ($300) assessed in Rulings 2018-NMS-4.

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

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

Name: ELIZA APODACA Ruling Date: 1/27/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-57-FO Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End: 1/27/2021
Ruling Text: RE: 2018-ZIA-57 - Ruling Final Outcome

Fine paid in good standing

Name: MARTIN RODRIGUEZ ORONA Ruling Date: 10/1/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-27 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Martin Orona Sr. was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on October 1, 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 E282452. The test sample was taken from the first place finisher EYE SEA HOLLYWOOD” following the 6th race on July 1, 2018, at Ruidoso Downs, NM.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 37.5±2.2 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Dexamethasone was confirmed at 20.7±2.5 pg/ml in the blood of the split sample sent to Truesdail Laboratories, Inc. on August 21, 2018.

Joel Sifuentes, the owner of record for horse “EYE SEA HOLLYWOOD”, were duly notified and failed to appear for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this Joel Sifuente’s FIRST Class 4C MAJOR medication violation in a 365-day period .

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

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

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

Name: ELIZA APODACA Ruling Date: 9/6/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2018-NMS-4 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: 9/7/2018 Suspension End: 1/27/2021
Ruling Text: Spouse Eliza Apodaca having been duly notified, having failed to appear, and had her hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d), before the Board of Stewards on September 7, 2018 at the New Mexico State fair . The hearing was concerning a security citation where she was involved in disorderly conduct in the barn area near the test barn on August 17, 2018

For this violation, the Board of Stewards issued a penalty of $300.00 Three Hundred Dollars. A suspension of any/all New Mexico Racing Commission licenses, effective immediately September 7, 2018. During said time of suspension Elia Apodaca 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.

Licensee is found to be in violation of: 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. This ruling is written in accordance with: 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: ELIZA APODACA Ruling Date: 1/27/2021
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2018-NMS-4-FO Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: 9/7/2018 Suspension End: 1/27/2021
Ruling Text: RE: 2018-NMS-4 - Ruling Final Outcome 1/27/21 fine paid
Name: RODOLFO G GARCIA Ruling Date: 8/27/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park
Ruling Number: 2021-GP-1 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint, 2018-043261, F.S. 550.2415 = Methocarbamol, No Penalty. "Colonel's Daughter"
Name: JOSE LUIS ENRIQUEZ Ruling Date: 8/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-122 Ruling Type: Possession and/or Use of an Electrical Device
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 8/19/2018 Suspension End: 8/17/2023
Ruling Text: Jockey Jose Luis Enriquez appeared with translator , Jaime Aldavaz, before the Board of Stewards on August 19, 2018. Jose Luis Enriquez was found in possession of an electrical device during a random vehicle search by investigator Johnson on August 18, 2018, at Ruidoso Downs.

The Board of Stewards hereby issues a summary suspension of all NMRC licenses belonging to Jose Luis Enriquez, pending the outcome of his hearing on August 26, 2018, @ 9:30a.m in the offices of the Board of Stewards at Ruidoso Downs (26225 US-70, Ruidoso NM 88346), per 15.2.1.9 (B)(3)(b) Summary Suspension. Jose Luis Enriquez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, per 15.2.1.9 (C)(21).

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing.

15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit

15.2.5.13 (E)(6)(c) Post To Finish: Use of Riding Crops No electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than the riding crop approved by the stewards, shall be possessed by anyone, or applied by anyone to the horse at any time on the grounds of the association during the meeting, whether in a race or otherwise

16.47.1.8 (E) Consent to Search and Seizure By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law.

16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information

Name: JOSE LUIS ENRIQUEZ Ruling Date: 8/26/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-122-CC Ruling Type: Possession and/or Use of an Electrical Device
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 8/19/2018 Suspension End: 8/17/2023
Ruling Text: RE: 2018-RUI-122 - Case Continued Jockey, Jose Luis Enriquez, shall remain summarily suspended, after failing to appear for his hearing (concerning summary suspension instated on August 19, 2018) on August 26, 2018, in accordance with 15.2.1.9(B)(4)(d)non-appearance. Per 15.2.1.9 (C)(21)(a-b) Exclusion, Jose Luis Enriquez 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: 15.2.1.9(B)(3)(a) Proceedings Before The Stewards: Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing.

15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.5.13 (E)(6)(c) Post To Finish: Use of Riding Crops No electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than the riding crop approved by the stewards, shall be possessed by anyone, or applied by anyone to the horse at any time on the grounds of the association during the meeting, whether in a race or otherwise 16.47.1.8 (E) Consent to Search and Seizure By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law. 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information

Name: JOSE LUIS ENRIQUEZ Ruling Date: 9/29/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-122-FO Ruling Type: Possession and/or Use of an Electrical Device
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 8/19/2018 Suspension End: 8/17/2023
Ruling Text: RE: 2018-RUI-122 - Ruling Final Outcome Jockey JOSE LUIS ENRIQUEZ,(currently under summary suspension) 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 September 29, 2018. The hearing was in regard to JOSE LUIS ENRIQUEZ being in possession of an electrical device during a random vehicle search by investigator Johnson on August 18, 2018, at Ruidoso Downs.

The Board of Stewards hereby issues JOSE LUIS ENRIQUEZ the following penalty:

          1. A 5 year suspension of any/all New Mexico Racing Commission licenses, retroactive from the date of the summary suspension, August 19, 2018, through August 17, 2023, inclusive.
          2. A $5,000 five thousand dollar fine to paid on or before October 29, 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.

During said time of applicable suspension JOSE LUIS ENRIQUEZ is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC per 15.2.1.9 (C)(21) NMRC.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.5.13 (E)(6)(c) : Use of Riding Crop No electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than the riding crop approved by the Stewards, shall be possessed by anyone, or applied by anyone to a horse at any time on the grounds of the Association during the meeting, whether in a race or otherwise. 16.47.1.8 (E) Consent to Search and Seizure By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law. 16.47.1.8 (L)(1)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule; New Mexico State Statute 60-1A-28 B. HORSE RACING ACT 15.2.3.8(B)(1)(3)(f)(g)(j) Stewards 15.47.1.8(T) Knowledge of the Rules 15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check.

Name: JOSE LUIS ENRIQUEZ Ruling Date: 6/1/2020
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-122-AFF Ruling Type: Possession and/or Use of an Electrical Device
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 8/19/2018 Suspension End: 8/17/2023
Ruling Text: RE: 2018-RUI-122 - Penalty Affirmed

BEFORE THE STATE RACING COMMISSION OF THE STATE OF NEW MEXICO IN THE MATTER OF: JOSE LUIS ENRIQUEZ (ID #86484) 2018-RUI-122-PA FOR RULING #2018-RUI-122 ISSUED BY THE RUIDOSO BOARD OF STEWARDS

DECISION BY COMMISSION

Jockey, Jose Luis Enriquez, having come before the Commission at the Regular Commission Meeting on May 28, 2020 (with his Personal Interpreter, Karina Luna) and requested an early reinstatement of his jockey license, which is currently suspended through August 17, 2023. The Commission voted unanimously that his motion be denied and the Ruidoso Board of Stewards’ decision that Jose Luis Enriquez’s penalty be upheld: 1. A 5 year suspension of any/all New Mexico Racing Commission licenses, retroactive from the date of the summary suspension, August 19, 2018, through August 17, 2023, inclusive. 2. A $5,000 five thousand dollar fine to paid on or before October 29, 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.

Original signed by David “Hossie” Sanchez, Co-Chairman of NM Racing Commission

Name: JOSE RAFAEL GAROFFALO Ruling Date: 5/30/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park
Ruling Number: 2021-GP-1 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint - 2018-019433 - F.S. 550.2415 = Flunixin and Phenylbutazone. NO Penalty. "King Wildcat"
Name: JOSE RAFAEL GAROFFALO Ruling Date: 5/30/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park
Ruling Number: 25032 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint - 2018-021714 - F.S. 550.2415 = Flunixin & Phenylbutazone. NO Penalty. "Star Juancho"
Name: LILLI MARLANE KURTINECZ Ruling Date: 5/29/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Florida Division Of Pari Mutual Wagering
Ruling Number: 2021-Comm-1 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint - 2018-024337 - F.S. 550.2415 = Dexamethazone. NO Penalty. "Dixie Princess"
Name: LILLI MARLANE KURTINECZ Ruling Date: 5/29/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park
Ruling Number: 25033 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint - 2018-024453 - F.S. 550.2415 = Dexamethasone. NO Penalty. "Uncle B"
Name: CHARLES RONALD HARVATT Ruling Date: 5/29/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2018-TAM-32 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 # 2018025306 = F.S. 550.2415 = violation -= Flunixin and Phenylbutazone. "Exclusive Zip"
Name: CHARLES RONALD HARVATT Ruling Date: 5/7/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2018-TAM-22 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2018021459 - F.S. 550.2415 Violation = Flunixin & Phenylbutazone.
Name: GASTON FLORAS VALENZUELA Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-238 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/18/2018 Suspension End: 5/18/2018
Ruling Text: Trainer Gaston Valenzuela was duly notified represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 8, 2018 . The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Expect A Storm” (Test Sample #: NM28574), who finished 1st place in the 8th race on January 13, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

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

Finding of Facts:

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

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

    1. A 30 day suspension of all NMRC licenses starting April 18, 2018, through May 17, 2018 inclusive.
    2. A ($750.00) seven hundred and fifty dollar fine to paid on or before May 8, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

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

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

STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF:

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

DECISION AND ORDER

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

ORDER

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

IT IS SO ORDERED.

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

Name: GASTON FLORAS VALENZUELA Ruling Date: 12/28/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-238-CC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/18/2018 Suspension End: 5/18/2018
Ruling Text: 12/20/2018 RE: 2018-SUN-238 Case Continued hearing heard by officer
Name: GASTON FLORAS VALENZUELA Ruling Date: 12/28/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-238-ADC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/18/2018 Suspension End: 5/18/2018
Ruling Text: RE: 2018-SUN-238 - Appeal Submitted to District Court D-202-CV-2019-03250
Name: GASTON FLORAS VALENZUELA Ruling Date: 11/26/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-238-RO Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/18/2018 Suspension End: 5/18/2018
Ruling Text: RE: 2018-SUN-238 - Ruling Overturned Reversed commission orders by Judge Butkus.

STATE OF NEW MEXICO FILED COUNTY OF BERNALILLO 2nd JUDICIAL DISTRICT COURT SECOND JUDICIAL DISTRICT 11/26/2019 4:12 PM James A. Noel NOE AMAYA, CLERK OF THE COURT GASTON VALENZUELA, Patsy Baca Petitioners,

v. D-202-CV-2019-03250

NEW MEXICO RACING COMMISSION, Respondent.

OPINION AND ORDER Petitioners Noe Amaya and Gaston Valenzuela appeal from the adverse decision of Respondent New Mexico Racing Commission. The hearing set for this matter on December 4, 2019, is vacated. Petitioners' unsupported request for attorney's fees and costs are denied. The decision of the Commission is reversed.

Facts and Background

On January 13, 2018, the horse "Expect A Storm" raced in the eighth race at Sunland Park Racetrack, finishing in first place. [RR Vol. II, at 60) Petitioner Amaya was the horse's owner, and Petitioner Valenzuela was the horse's trainer. [Id.]

A urine sample was collected on the racing day, and clenbuterol, a prohibited substance, was detected. [Id. at 61] Petitioners submitted a hair sample from the horse February, 3, 2018; this sample tested negative for clenbuteral. [Id.] The hearing officer found that the negative hair test did not refute the presence of clenbuterol in the urine sample, relying on the testimony of Dr. Moeller, the laboratory veterinarian. [Id.]

The hearing officer stated that the trainer's penalty for the presence of clenbuterol is a minimum fifteen-day suspension absent mitigating circumstances. and a minimum fine of $500 absent mitigating circumstances. [RR Vol. II, at 62] The hearing officer found that "[t]here are no mitigating circumstances or substantial evidence to release the trainer from his responsibilities." [RR Vol. II, at 63] The hearing officer recommended disqualification of the horse and loss of purse; as to Petitioner Valenzuela, a thirty-day suspension and a $750 fine. [RR Vol. II, at 64]

The Commission adopted the hearing officer's findings of facts, conclusions of law, and recommended penalties. [RR Vol. IV, at 51-52; 54-55] Petitioners filed a timely appeal to this Court.

Discussion

The Court's standard ofreview is provided by Rule 1-075(R) NMRA. The Court considers whether the Commission acted fraudulently, arbitrarily, or capriciously; whether, based upon a review of the whole record, the Commission's decision is not supported by substantial evidence; whether the Commission's actions were outside its scope of authority; and whether its actions were otherwise not in accordance with the law. See id.

Petitioners argue that the Commission's decision was not in accordance with the law based on its conclusion that there were no mitigating circumstances present in this case. They point to the following testimony and evidence that they argue is either exculpatory as to the finding of a violation or mitigating as to the penalties.

Petitioner Amaya testified that he did not administer clenbuterol to the horse. [12/20/18 TR at 202] Petitioner Valenzuela testified that he did not administer the drug to the horse or authorize anyone else to do so. [12/20/18 TR at 205] As noted above, the urine sample tested positive and the hair sample tested negative for clenbuterol.

The horse raced on December 17 and December 31, 2017, and no medication violations were reported for those race days. [12/20/18 TR at 136-37; 211-12] Petitioner Valenzuela had no relevant prior violations. [Id. at 117]

Petitioners acknowledge that the trier of fact is free to accord whatever weight it chooses to mitigating circumstances, but argue that the finding of no mitigating circumstances is not consistent with the record. They argue that, pursuant to Rule 15.2.6.9 NMAC, mitigating circumstances are to be considered in assessing an appropriate penalty, and that by not considering the evidence, the Commission was not acting in accordance with the law. Petitioners contend that, had the Commission acknowledged and considered the mitigating circumstances, less severe penalties may have been imposed or perhaps a finding of no liability. They assert that the Commission's failure to consider the evidence presented and failure to give any reason for not doing so renders the decision and order arbitrary and capricious.

In its response brief, Respondent observes that the Commission has authority to accept, reject, or modify the hearing officer's recommendations. It argues that that the conclusion that there were no mitigating factors in the record was within the Commission's authority.

As to the specific testimony and evidence, Respondent argues that the self-serving testimony by Petitioners could be weighed by the fact finder. Respondent points to the split sample result, which was positive, consistent with the main sample, in response to the negative hair sample, and further note that the hair analysis was done three weeks after the race date. With regard to the evidence of no prior violations found in the horse's earlier races, Respondent argues that such evidence has no relevance to the positive result on the race date in question. Respondent asserts that, as to Petitioners' lack of prior violations, "prior non-violations do not prove that Petitioners did not, or never will, violate the rules." [RB, at 7]

The hearing officer observed that the penalty for the clenbuterol violation is "[a] minimum 15-day suspension absent mitigating circumstances" and "[a] minimum fine of $500 absent mitigating circumstances." Cf Rule 15.2.6.9(B)(2) NMAC. "Mitigating circumstances" do not appear to be specifically defined. Cf Rule 15.2.1. 7(M) NMAC (setting out"[ d]efinitions beginning with the letter 'm"').

New Mexico has long considered, in the context of criminal sentencing ranges, the "nature and elements of the offense and the character and record of the offender" in addition to "aggravating and mitigating circumstances surrounding the offense and the offender." State v. Segotta, 1983-NMSC-092, ¶ 8, 100 N.M. 498, 672 P.2d 1129. '"Mitigate' has been defined as 'to make less severe, violent, cruel, intense, painful; soften, alleviate,"' while "aggravate" has been defined as to worsen or make more serious or severe. Id. (quoted authority omitted). Factors which may be considered and weighed as mitigating or aggravating circumstances include past conduct, events surrounding the offense, and the offender's pattern of conduct. Id. ¶ 9.

The Commission was within its authority to reject Petitioners' evidence or give it whatever weight it determined was warranted. However, the Court agrees with Petitioners that the Commission's express finding that there were no mitigating circumstances was not in accordance with the law or the evidence in the record. This finding indicates not that the Commission rejected the evidence as lacking credibility or that it found the evidence of little weight but instead that the Commission failed to recognize or acknowledge that the evidence in fact could be viewed as mitigating with regard to the penalties it imposed.

The Court recognizes that the Commission could determine properly that Petitioners' evidence was insufficient to be exculpatory, as in its finding that there was no substantial evidence to release the trainer from his responsibilities. For example, the laboratory veterinarian testified with regard to the hair sample, which produced a negative finding, as compared to the positive urine sample.

The veterinarian recognized that a study found that clenbuterol can be found in a hair sample in as little as five days after exposure to up to 360 days following exposure. [12/20/18 TR at 176] However, he explained that there must be a sufficient concentration of the substance in the blood or a high concentration for an extended period in order to result in enough of a drug to be incorporated into a hair sample to be detected. [12/20/18 TR at 170] This testimony supports the Commission's finding that the hair sample result did not refute the result of the urine sample and thus was not exculpatory.

On the other hand, Petitioners' attorney elicited testimony from the witness that demonstrated how the negative hair sample result could be mitigating. The veterinarian agreed that the negative hair sample test result indicated that the horse had not been administered even the lowest level therapeutic dose, and that the urine result would be consistent with a one-time inadvertent exposure. [12/20/18 TR at 178, 183, 185-86] Thus, even if the trainer is responsible for the minute amount of the prohibited substance in the horse, the evidence showing no effective dosing and a miniscule amount that could be the result of an incidental environmental exposure is relevant evidence of mitigation.

Petitioners pointed out that the horse ran on December 17, 2017, winning first place with a clean test, less than thirty days before the subject race, as well as on December 31, 2017, without failing a test. [12/20/18 TR at 136-37; 211-12] They argued that this showed that the horse was winning, and supported their theory that they had no motive or need to drug the horse. [Id. at 211-12] While this evidence could be properly rejected as exculpatory, in other words, having no relevance as to whether the horse was positive on the day in question, the evidence does have a bearing on mitigation, as it supports Petitioners' theory of an accidental environmental exposure prior to the January 2018 race when considered with the negative hair sample result.

Finally, with regard to the evidence as to Petitioners' prior record, the Commission again conflates whether evidence is exculpatory, tending to disprove the positive urine test on the race date in question, with evidence that is mitigating as to the appropriate penalties. Even if the evidence may not be relevant to whether the horse was positive for clenbuterol on the January race date, it is relevant to how severely Petitioners deserved to be punished. A prior record, or lack thereof, is textbook support for or against an increased penalty.

Petitioners thus presented testimony and evidence supporting mitigating circumstances. The Commission, however, found "no mitigating circumstances." During the hearing, the hearing officer appeared to express conflation of mitigation as to punishment with liability for the particular violation. The hearing officer stated he was "looking at a snapshot" of whether there was a prohibited substance, and if there was a violation, whether there were mitigating circumstances. [12/20/18 TR at 139] But he further stated that "whether or not they have a history of [having horses testing positive for prohibited substances] or not is of limited use to me, to find ... that there's mitigating circumstances and such, to find that there's an exception [to] the Absolute Insurer Rule because it's never happened before and ever since is purely argument, ... if so, then everybody gets a one-off pass." [12/20/18 TR at 140]

Although there was uncontroverted testimony and evidence of mitigation, and no evidence of aggravating circumstances set out in the hearing officer's recommended decision, the Commission issued penalties significantly above the minimums provided in the rules. The record and findings show that the Commission failed to consider the mitigating circumstances offered by Petitioners and supported by testimony and evidence. "An administrative agency is bound by its own regulations." Narvaez v. N.M Dep't of Workforce Solutions, 2013-NMCA-079, ~ 15, 306 P.3d 513. The rules require the Commission to consider mitigating circumstances when assessing the proper penalty. Because it did not do so, the decision was not in accordance with law. As Petitioners argue, the Commission's failure to consider their evidence and lack of explanation renders the decision and order arbitrary and capricious. In light of this determination, the Court does not reach Petitioners' additional arguments.

Conclusion

The hearing set for December 4, 2019, is VACATED. The decision of the Commission is REVERSED.

IT IS SO ORDERED.

A copy of the foregoing document was e-filed and signed by The Honorable Carl J. Butkus on November 26, 2019.

Name: GASTON FLORAS VALENZUELA Ruling Date: 12/28/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-238-ACOA Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/18/2018 Suspension End: 5/18/2018
Ruling Text: RE: 2018-SUN-238 - Appeal Submitted to Court of Appeals A-1-CA-38728 . Awaiting COA calendaring.
Name: NOE AMAYA Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-239 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Noe Amaya was duly notified represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 8, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Expect A Storm” (Test Sample #: NM28574), who finished 1st place in the 8th race on January 13, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

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

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

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Expect A Storm” is placed on the Stewards list for a period of 60 days (beginning January 24, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Expect A Storm” is hereby disqualified from FIRST PLACE and ordered unplaced from the 8th race on January 13, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Long Stormy Trip
                2. Whatakiss
                3. E Bar Gold
                4. Red Zenon
                5. Liberty Lover
                6. The Waki Rapper
                7. Golly Gee
Unplaced “Expect A Storm

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

Name: NOE AMAYA Ruling Date: 10/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-239-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-239 - Appeal Submitted
Name: NOE AMAYA Ruling Date: 3/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-239-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-239 - Penalty Affirmed

STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF:

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

DECISION AND ORDER

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

ORDER

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

IT IS SO ORDERED.

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

Name: NOE AMAYA Ruling Date: 12/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-239-AFF1 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: 12.20.2018 - RE: 2018-SUN-239 - Penalty Affirmed; Hearing Officer Fitzwater heard matter and recommended penalty affirmed by the Commission.
Name: NOE AMAYA Ruling Date: 12/28/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-239-ADC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-239 - Appeal Submitted to District Court - D-202-CV-2019-03250
Name: NOE AMAYA Ruling Date: 11/26/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-239-RO Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: 11.26.19 - RE: 2018-SUN-239 - Commission's Ruling Overturned by Judge Butkus

STATE OF NEW MEXICO FILED COUNTY OF BERNALILLO 2nd JUDICIAL DISTRICT COURT SECOND JUDICIAL DISTRICT 11/26/2019 4:12 PM James A. Noel NOE AMAYA, CLERK OF THE COURT GASTON VALENZUELA, Patsy Baca Petitioners,

v. D-202-CV-2019-03250

NEW MEXICO RACING COMMISSION, Respondent.

OPINION AND ORDER Petitioners Noe Amaya and Gaston Valenzuela appeal from the adverse decision of Respondent New Mexico Racing Commission. The hearing set for this matter on December 4, 2019, is vacated. Petitioners' unsupported request for attorney's fees and costs are denied. The decision of the Commission is reversed.

Facts and Background

On January 13, 2018, the horse "Expect A Storm" raced in the eighth race at Sunland Park Racetrack, finishing in first place. [RR Vol. II, at 60) Petitioner Amaya was the horse's owner, and Petitioner Valenzuela was the horse's trainer. [Id.]

A urine sample was collected on the racing day, and clenbuterol, a prohibited substance, was detected. [Id. at 61] Petitioners submitted a hair sample from the horse February, 3, 2018; this sample tested negative for clenbuteral. [Id.] The hearing officer found that the negative hair test did not refute the presence of clenbuterol in the urine sample, relying on the testimony of Dr. Moeller, the laboratory veterinarian. [Id.]

The hearing officer stated that the trainer's penalty for the presence of clenbuterol is a minimum fifteen-day suspension absent mitigating circumstances. and a minimum fine of $500 absent mitigating circumstances. [RR Vol. II, at 62] The hearing officer found that "[t]here are no mitigating circumstances or substantial evidence to release the trainer from his responsibilities." [RR Vol. II, at 63] The hearing officer recommended disqualification of the horse and loss of purse; as to Petitioner Valenzuela, a thirty-day suspension and a $750 fine. [RR Vol. II, at 64]

The Commission adopted the hearing officer's findings of facts, conclusions of law, and recommended penalties. [RR Vol. IV, at 51-52; 54-55] Petitioners filed a timely appeal to this Court.

Discussion

The Court's standard ofreview is provided by Rule 1-075(R) NMRA. The Court considers whether the Commission acted fraudulently, arbitrarily, or capriciously; whether, based upon a review of the whole record, the Commission's decision is not supported by substantial evidence; whether the Commission's actions were outside its scope of authority; and whether its actions were otherwise not in accordance with the law. See id.

Petitioners argue that the Commission's decision was not in accordance with the law based on its conclusion that there were no mitigating circumstances present in this case. They point to the following testimony and evidence that they argue is either exculpatory as to the finding of a violation or mitigating as to the penalties.

Petitioner Amaya testified that he did not administer clenbuterol to the horse. [12/20/18 TR at 202] Petitioner Valenzuela testified that he did not administer the drug to the horse or authorize anyone else to do so. [12/20/18 TR at 205] As noted above, the urine sample tested positive and the hair sample tested negative for clenbuterol.

The horse raced on December 17 and December 31, 2017, and no medication violations were reported for those race days. [12/20/18 TR at 136-37; 211-12] Petitioner Valenzuela had no relevant prior violations. [Id. at 117]

Petitioners acknowledge that the trier of fact is free to accord whatever weight it chooses to mitigating circumstances, but argue that the finding of no mitigating circumstances is not consistent with the record. They argue that, pursuant to Rule 15.2.6.9 NMAC, mitigating circumstances are to be considered in assessing an appropriate penalty, and that by not considering the evidence, the Commission was not acting in accordance with the law. Petitioners contend that, had the Commission acknowledged and considered the mitigating circumstances, less severe penalties may have been imposed or perhaps a finding of no liability. They assert that the Commission's failure to consider the evidence presented and failure to give any reason for not doing so renders the decision and order arbitrary and capricious.

In its response brief, Respondent observes that the Commission has authority to accept, reject, or modify the hearing officer's recommendations. It argues that that the conclusion that there were no mitigating factors in the record was within the Commission's authority.

As to the specific testimony and evidence, Respondent argues that the self-serving testimony by Petitioners could be weighed by the fact finder. Respondent points to the split sample result, which was positive, consistent with the main sample, in response to the negative hair sample, and further note that the hair analysis was done three weeks after the race date. With regard to the evidence of no prior violations found in the horse's earlier races, Respondent argues that such evidence has no relevance to the positive result on the race date in question. Respondent asserts that, as to Petitioners' lack of prior violations, "prior non-violations do not prove that Petitioners did not, or never will, violate the rules." [RB, at 7]

The hearing officer observed that the penalty for the clenbuterol violation is "[a] minimum 15-day suspension absent mitigating circumstances" and "[a] minimum fine of $500 absent mitigating circumstances." Cf Rule 15.2.6.9(B)(2) NMAC. "Mitigating circumstances" do not appear to be specifically defined. Cf Rule 15.2.1. 7(M) NMAC (setting out"[ d]efinitions beginning with the letter 'm"').

New Mexico has long considered, in the context of criminal sentencing ranges, the "nature and elements of the offense and the character and record of the offender" in addition to "aggravating and mitigating circumstances surrounding the offense and the offender." State v. Segotta, 1983-NMSC-092, ¶ 8, 100 N.M. 498, 672 P.2d 1129. '"Mitigate' has been defined as 'to make less severe, violent, cruel, intense, painful; soften, alleviate,"' while "aggravate" has been defined as to worsen or make more serious or severe. Id. (quoted authority omitted). Factors which may be considered and weighed as mitigating or aggravating circumstances include past conduct, events surrounding the offense, and the offender's pattern of conduct. Id. ¶ 9.

The Commission was within its authority to reject Petitioners' evidence or give it whatever weight it determined was warranted. However, the Court agrees with Petitioners that the Commission's express finding that there were no mitigating circumstances was not in accordance with the law or the evidence in the record. This finding indicates not that the Commission rejected the evidence as lacking credibility or that it found the evidence of little weight but instead that the Commission failed to recognize or acknowledge that the evidence in fact could be viewed as mitigating with regard to the penalties it imposed.

The Court recognizes that the Commission could determine properly that Petitioners' evidence was insufficient to be exculpatory, as in its finding that there was no substantial evidence to release the trainer from his responsibilities. For example, the laboratory veterinarian testified with regard to the hair sample, which produced a negative finding, as compared to the positive urine sample.

The veterinarian recognized that a study found that clenbuterol can be found in a hair sample in as little as five days after exposure to up to 360 days following exposure. [12/20/18 TR at 176] However, he explained that there must be a sufficient concentration of the substance in the blood or a high concentration for an extended period in order to result in enough of a drug to be incorporated into a hair sample to be detected. [12/20/18 TR at 170] This testimony supports the Commission's finding that the hair sample result did not refute the result of the urine sample and thus was not exculpatory.

On the other hand, Petitioners' attorney elicited testimony from the witness that demonstrated how the negative hair sample result could be mitigating. The veterinarian agreed that the negative hair sample test result indicated that the horse had not been administered even the lowest level therapeutic dose, and that the urine result would be consistent with a one-time inadvertent exposure. [12/20/18 TR at 178, 183, 185-86] Thus, even if the trainer is responsible for the minute amount of the prohibited substance in the horse, the evidence showing no effective dosing and a miniscule amount that could be the result of an incidental environmental exposure is relevant evidence of mitigation.

Petitioners pointed out that the horse ran on December 17, 2017, winning first place with a clean test, less than thirty days before the subject race, as well as on December 31, 2017, without failing a test. [12/20/18 TR at 136-37; 211-12] They argued that this showed that the horse was winning, and supported their theory that they had no motive or need to drug the horse. [Id. at 211-12] While this evidence could be properly rejected as exculpatory, in other words, having no relevance as to whether the horse was positive on the day in question, the evidence does have a bearing on mitigation, as it supports Petitioners' theory of an accidental environmental exposure prior to the January 2018 race when considered with the negative hair sample result.

Finally, with regard to the evidence as to Petitioners' prior record, the Commission again conflates whether evidence is exculpatory, tending to disprove the positive urine test on the race date in question, with evidence that is mitigating as to the appropriate penalties. Even if the evidence may not be relevant to whether the horse was positive for clenbuterol on the January race date, it is relevant to how severely Petitioners deserved to be punished. A prior record, or lack thereof, is textbook support for or against an increased penalty.

Petitioners thus presented testimony and evidence supporting mitigating circumstances. The Commission, however, found "no mitigating circumstances." During the hearing, the hearing officer appeared to express conflation of mitigation as to punishment with liability for the particular violation. The hearing officer stated he was "looking at a snapshot" of whether there was a prohibited substance, and if there was a violation, whether there were mitigating circumstances. [12/20/18 TR at 139] But he further stated that "whether or not they have a history of [having horses testing positive for prohibited substances] or not is of limited use to me, to find ... that there's mitigating circumstances and such, to find that there's an exception [to] the Absolute Insurer Rule because it's never happened before and ever since is purely argument, ... if so, then everybody gets a one-off pass." [12/20/18 TR at 140]

Although there was uncontroverted testimony and evidence of mitigation, and no evidence of aggravating circumstances set out in the hearing officer's recommended decision, the Commission issued penalties significantly above the minimums provided in the rules. The record and findings show that the Commission failed to consider the mitigating circumstances offered by Petitioners and supported by testimony and evidence. "An administrative agency is bound by its own regulations." Narvaez v. N.M Dep't of Workforce Solutions, 2013-NMCA-079, ~ 15, 306 P.3d 513. The rules require the Commission to consider mitigating circumstances when assessing the proper penalty. Because it did not do so, the decision was not in accordance with law. As Petitioners argue, the Commission's failure to consider their evidence and lack of explanation renders the decision and order arbitrary and capricious. In light of this determination, the Court does not reach Petitioners' additional arguments.

Conclusion

The hearing set for December 4, 2019, is VACATED. The decision of the Commission is REVERSED.

IT IS SO ORDERED.

A copy of the foregoing document was e-filed and signed by The Honorable Carl J. Butkus on November 26, 2019.

Name: NOE AMAYA Ruling Date: 12/28/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-239-ACOA Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: 12.26.19 - RE: 2018-SUN-239 - NMRC Appeal Submitted to Court of Appeals - A-1-CA-38728
Name: NOE AMAYA Ruling Date: 1/27/2021
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-239-FO Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: 1.27.27 - RE: 2018-SUN-239 - Ruling Final Outcome

BEFORE THE STATE OF NEW MEXICO RACING COMMISSION
IN THE MATTER OF THE APPEAL OF TRAINER, GASTON F. VALENZUELA (ID#30556), FOR RULING #2018-SUN-238 ISSUED BY THE SUNLAND BOARD OF STEWARDS FOR THE HORSE “EXPECT A STORM” SAMPLE #NM28574 2018-SUN-238-FO

IN THE MATTER OF THE APPEAL OF OWNER, NOE AMAYA (ID#33053), FOR THE RULING #2018-SUN-239 ISSUED BY THE SUNLAND BOARD OF STEWARDS FOR THE HORSE “EXPECT A STORM” 2018-SUN-239-FO SAMPLE #NM28574

Respondents.

FINAL ORDER

Pursuant to the Opinion and Order issued by the Honorable Carl J. Butkus, District Court Judge, the Court reverses the decision of the New Mexico Racing Commission in the matter of Gaston F. Valenzuela and the matter of Owner Noe Amaya. Therefore, the Commission’s Decision & Order Nos. #2018-SUN-238-AFF and 2018-SUN-239-AFF are hereby reversed and dismissed. IT IS FURTHER ORDERED:

      1. The New Mexico Racing Commission release all purse monies due to Owner Noe Amaya, for the horse "Expect A Storm". "Expect A Storm" ran in the 8th race at Sunland Park on January 13, 2018 and finished in first place;
2. The final results of the 8th race at Sunland Park on January 13, 2018 should be as follows:

PLACE HORSE # HORSE NAME

1 8 Expect a Storm

2 4 Long Stormy Trip

3 2 Whatakiss

4 7 E Bar Gold

5 5 Red Zenon

6 6 Liberty Lover

7 9 The Waki Rapper

8 3 Golly Gee

By order of the New Mexico Racing Commission

Original signed by: Ismael Trejo, Executive Director on 1.27.20

Name: JESUS J CARRETE Ruling Date: 3/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-175 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Jesus Carrete was duly notified and represented by attorneys Carlo Fisco and Darrell Vienna before the Board of Stewards on March 2, 2018, and March 3, 2018, for a hearing that was continued at the request of Carlo Fisco and Darrell Vienna from November 6, 2017, to January 27, 2018 and then continued again to March 2, 2018, and March 3, 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 NM29002. The test sample was taken from the first place finisher TF Carters Pick” following the 1st race on September 9, 2017, at the New Mexico State Fair in Albuquerque, NM.

The certificate of analysis from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 39 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 ARCI Controlled Therapeutic Medication Schedule, Attachment 2 Page 3). Dexamethasone was confirmed at 46±6 pg/ml in the blood of the split sample sent to TVMDL on October 4, 2017.

This is Jesus Carrete’s FIRST Class 4C MAJOR medication violation in a 365 day period, as an OWNER and TRAINER. In accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows.

    1. A ($1,000) one thousand dollar fine to paid on or before April 17, 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. The horse “TF Carters Pick” must pass a commission approved veterinary examination before being eligible to enter.

Licensee is found to be in violation of and this ruling is written in accordance with 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards /15.2.6.9(C)(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: JESUS J CARRETE Ruling Date: 11/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-175-ASC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-175 - Appeal Submitted to Commission
Name: JESUS J CARRETE Ruling Date: 6/18/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-175-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-175 - Penalty Affirmed
STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF: TRAINER JESUS J. CARRETE ID#3671 OWNER JESUS J. CARRETE ID#3671 FOR POSITIVE SAMPLE #NM29002 AND RULING #2018-SUN-175 HORSE “TF CARTERS PICK"

IN THE MATTER OF: TRAINER JESUS J. CARRETE ID#3671 OWNER JESUS J. CARRETE ID#3671 FOR POSITIVE SAMPLE #NM29005 AND RULING #2018-SUN-176 2018-SUN-175-AFF HORSE “STRYKR FORCE" 2018-SUN-176-AFF

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) at its regularly scheduled meeting on May 16, 2019, on review of the Hearing Officer’s Report, Proposed Findings of Fact and Conclusions of Law, and Recommended Penalties in the above-captioned matter. A hearing on the merits was held on March 5, 2019, before Hearing Officer Felicia Orth, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was transcribed by Deborah L. Connor of Williams and Associates, LLC, and the transcripts are in the custody of the Racing Commission. The administrative prosecutors for the New Mexico Racing Commission were Ismael Camacho, Esq and Mark Swanson, Esq. The Respondents was represented by Daniel A. Marquez, Esq. Pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act, the Commission hereby adopts the Hearing Officers’ Proposed Findings of Fact and Conclusions of Law as if stated in their entirety herein.

ORDER IT IS THEREFORE ORDERED that Respondent, Jesus Carrete, as Trainer of the horse “TF Carters Pick” pay a fine of $1,000; and

IT IS FURTHER ORDERED that Respondent, Jesus J. Carrete, as Trainer of the horse “Strykr Force,” pay a fine of $1,500; and 15 day suspension ; which has already been served. IT IS FURTHER ORDERED that for Respondent Jesus J. Carrete’s 2nd offense as an owner within a 365 day period, that the penalty for the horse Stryker Force is disqualification and loss of purse of both second (2nd) race on September 9, 2017 (trial) and ninth (9th) race on September 24, 2017 (final) and will need to return any trophies, blankets or other awards given, must be returned to the Downs at Albuquerque. This Decision and Order shall be served upon Respondent in accordance with law. All fines must be paid within thirty (30) days pursuant to 15.2.1.9(B)(7)(f) NMAC. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.

IT IS SO ORDERED.

Date: 6/17/2019 By: Beverly Bourget Chairwoman, NMRC

Name: JESUS J CARRETE Ruling Date: 3/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-176 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 3/27/2018 Suspension End: 4/11/2018
Ruling Text: Owner/Trainer Jesus Carrete was duly notified and represented by attorneys Carlo Fisco and Darrell Vienna before the Board of Stewards on March 2, 2018, and March 3, 2018, for a hearing that was continued at the request of Carlo Fisco and Darrell Vienna from November 6, 2017, to January 27, 2018 and then continued again to March 2, 2018, and March 3, 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 NM29005. The test sample was taken from the first place finisher Strykr Force” following the 2nd race (La Fiesta Futurity Trial) on September 9, 2017, at the New Mexico State Fair in Albuquerque, NM.

The certificate of analysis from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 21 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 ARCI Controlled Therapeutic Medication Schedule, Attachment 2 Page 3). Dexamethasone was confirmed at 33±6 pg/ml in the blood of the split sample sent to TVMDL on October 4, 2017.

AGGRAVATING CIRCUMSTANCES

    • Mr. Carrete was given due process and failed to disprove the prima facie findings from UC/Davis (official testing laboratory for the NMRC).
    • Dexamethasone was confirmed in Split Sample sent to TVMDL.
    • Testimony revealed that all horses racing that day received their medication at the same time.

This is Jesus Carrete’s SECOND Class 4C MAJOR medication violation in a 365 day period, as an OWNER and TRAINER. After considering the AGGRAVATING CIRCUMSTANCES, the Board of Stewards hereby assess a penalty as follows, in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS.

    1. A ($1,500) one thousand five hundred dollar fine to paid on or before April 17, 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 15 day suspension of all NMRC licenses starting March 27, 2018, through April 10, 2018, inclusive.
    3. The horse “Strykr Force” must pass a commission approved veterinary examination before being eligible to enter.
    4. The horse “Strykr Force” is hereby disqualified from FIRST PLACE and ordered unplaced from the 2nd race (La Fiesta Futurity Trial) on September 9, 2017, at the New Mexico State Fair, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Legacist 4. Namgis Legendaryhero
                2. Receptor 5. My Best Return
                3. Grandmas the Boss 6. Featured Secret
Unplaced “Strykr Force” 5. Per 15.2.1.9(B)(3)(d) Positive Test Trial Race and 15.2.6.9(A)(7) Medication Violation Trial Race Penalty , The horse “Strykr Force” is hereby disqualified from FIRST PLACE and ordered unplaced from the 9th race (La Fiesta Futurity) on September 24, 2017, at the New Mexico State Fair, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Seminole Senator 5. Mr Perrys Tres SEIS
                2. Swankee 6. Receptor
                3. High Rate of Motion 7. Legacist
                4. Flashionista 8. Kiss My Ivory
Unplaced “Strykr Force” During said time of applicable suspension Jesus Carrete 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 Jesus Carrete are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by or in the care and custody of Jesus Carrete must done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION. Licensee is found 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: JESUS J CARRETE Ruling Date: 6/18/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-176-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 3/27/2018 Suspension End: 4/11/2018
Ruling Text: RE: 2018-SUN-176 - Penalty Affirmed

STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF: TRAINER JESUS J. CARRETE ID#3671 OWNER JESUS J. CARRETE ID#3671 FOR POSITIVE SAMPLE #NM29002 AND RULING #2018-SUN-175 HORSE “TF CARTERS PICK"

IN THE MATTER OF: TRAINER JESUS J. CARRETE ID#3671 OWNER JESUS J. CARRETE ID#3671 FOR POSITIVE SAMPLE #NM29005 AND RULING #2018-SUN-176 2018-SUN-175-AFF HORSE “STRYKR FORCE" 2018-SUN-176-AFF

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) at its regularly scheduled meeting on May 16, 2019, on review of the Hearing Officer’s Report, Proposed Findings of Fact and Conclusions of Law, and Recommended Penalties in the above-captioned matter. A hearing on the merits was held on March 5, 2019, before Hearing Officer Felicia Orth, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was transcribed by Deborah L. Connor of Williams and Associates, LLC, and the transcripts are in the custody of the Racing Commission. The administrative prosecutors for the New Mexico Racing Commission were Ismael Camacho, Esq and Mark Swanson, Esq. The Respondents was represented by Daniel A. Marquez, Esq. Pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act, the Commission hereby adopts the Hearing Officers’ Proposed Findings of Fact and Conclusions of Law as if stated in their entirety herein.

ORDER IT IS THEREFORE ORDERED that Respondent, Jesus Carrete, as Trainer of the horse “TF Carters Pick” pay a fine of $1,000; and

IT IS FURTHER ORDERED that Respondent, Jesus J. Carrete, as Trainer of the horse “Strykr Force,” pay a fine of $1,500; and 15 day suspension ; which has already been served. IT IS FURTHER ORDERED that for Respondent Jesus J. Carrete’s 2nd offense as an owner within a 365 day period, that the penalty for the horse Stryker Force is disqualification and loss of purse of both second (2nd) race on September 9, 2017 (trial) and ninth (9th) race on September 24, 2017 (final) and will need to return any trophies, blankets or other awards given, must be returned to the Downs at Albuquerque. This Decision and Order shall be served upon Respondent in accordance with law. All fines must be paid within thirty (30) days pursuant to 15.2.1.9(B)(7)(f) NMAC. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.

IT IS SO ORDERED.

Date: 6/17/2019 By: Beverly Bourget Chairwoman, NMRC

Name: CHARLES RONALD HARVATT Ruling Date: 3/5/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2018-TAM-16 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2018009280 - F.S. 550.2415 violation = Flunixin & Phenylbutazone.
Name: ERNEST FENNELL Ruling Date: 10/17/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-90 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3500 Fine Paid: N
Suspension Start: 10/17/2017 Suspension End:
Ruling Text: Trainer Ernest Fennel having been duly notified ,failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on October 15, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Osbaldo Weapon”(Test Sample #: NM26652), who finished THIRD place in the 5th race on August 27, 2017, at The Downs of Albuquerque in Albuquerque, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ernest Fennel.

Hubaldo Solis , the owner of record for horse “Osbaldo Weapon”, was duly notified and failed to appear for this hearing. This is his FIFTH Class 3B medication violation in a lifetime.

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

    1. A 6 MONTH suspension of all NMRC licenses starting consecutively from ruling 2017-ZIA-71, October 17, 2017, through April 15, 2018, inclusive.
    2. A ($3,500) three thousand and five hundred dollar fine to paid on or before November 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 Ernest Fennel is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Ernest Fennel are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

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

Name: ERNEST FENNELL Ruling Date: 1/27/2021
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-90-FTC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3500 Fine Paid: N
Suspension Start: 10/17/2017 Suspension End:
Ruling Text: RE: 2017-ZIA-90 - Failure to Comply 1/27/21

Failure to pay fine

Name: DELFINO ESTRADA Ruling Date: 9/18/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-21 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 150000 Fine Paid: N
Suspension Start: 9/25/2017 Suspension End: 9/25/2026
Ruling Text:
STATE OF NEW MEXICO
BEFORE THE RACING COMMISSION

IN THE MATTER OF DELFINO ESTRADA, JR., TRAINER, APPLICANT ID NO. 28914 TOMAS L. AVITIA, OWNER, APPLICANT ID NO. 6500 CASTULO NOE MORALES, APPLICANT ID NO. 86606 DELFINO ESTRADA JR., OWNER APPLICANT ID NO. 28914 POSITIVE SAMPLE NO. NM19451, NO. NM19548, & NO. 19584 HORSES “UPPER CANYON” and “MTS NO MARKS ON ME”, and “RAISE YOUR VERSION”

Respondents.

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on review of the hearing officer’s report regarding the above named Trainer and Owners; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material; WHEREAS, the hearing officer’s report is attached to this Decision and Order; WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law incorporated herein by reference; WHEREAS, the Commission 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; WHEREAS the Commission voted to adopt some of the penalty recommendations of the Hearing Officer, incorporated herein, and incorporating other penalties and additional conditions. IT IS THEREFORE ORDERED as to Trainer, Delfino Estrada Jr., offense Sample No. NM19451 pertaining to horse “Upper Canyon” and offense Sample No. NM19548 pertaining to horse “Mts No Marks On Me,” and offense Sample No. NM19584 pertaining to horse “Raise Your Version,” Trainer Estrada Jr. is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Ritalinic Acid (metabolite of methylphenidate and Ethylphenidate) and Methamphetamine) in a horse he is training. As such, Trainer, the Owners, and the horses “Upper Canyon,” “Mts No Marks On Me,” and “Raise Your Version,” shall be assessed penalties as follows with conditions as follows:

      1. Appellant Trainer Delfino Estrada Jr. is assessed a fine in the amount of $50,000 or 50% of the total purse, whichever is greater, for each violation to be paid in one lump sum prior to appearing before the Commission as set forth in IV below;
      2. Appellant Trainer Delfino Estrada Jr. is assessed a suspension of three (3) years for each violation for a total of nine (9) years;
      3. Once eligible, Appellant Trainer Delfino Estrada Jr. must retake and pass the trainer’s test prior to the nine (9) year suspension of his license being lifted;
      4. Once eligible, Appellant Trainer Delfino Estrada Jr. 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 Delfino Estrada Jr. must request to be placed on the Agenda;
      5. Appellant Trainer Delfino Estrada Jr. is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;
      6. In regards to Owner, Delfino Estrada Jr. for the offense of the positive test of Ritalinic Acid (metabolite of Methylphenidate and Ethylphenidate) Sample No. NM19584 pertaining to horse “Raise Your Version” which placed 2nd in the 1st race at the SunRay Racetrack in Farmington, NM on May 22, 2016 the penalty imposed shall be disqualification and loss of the purse for this race, and “Raise Your Version” shall be placed on the veterinarian’s list for ninety (90) days;
      7. In regards to Owner, Castulo Noe Morales for the offense of the positive test of Ritalinic Acid (metabolite of Methylphenidate and Ethylphenidate) Sample No. NM19548 pertaining to horse “Mts No Marks On Me” which placed 1st in the 2nd race at the SunRay Racetrack in Farmington, NM on May 20, 2016 the penalty imposed shall be disqualification and loss of the purse for this race, and “Mts No Marks On Me” shall be placed on the veterinarian’s list for ninety (90) days;
      8. In regards to Owner, Tomas L. Avitia for the offense of the positive test of Ritalinic Acid (metabolite of Methylphenidate and Ethylphenidate) and Methamphetamine Sample No. NM19451 pertaining to horse “Upper Canyon” which placed 1st in the 1st race at the SunRay Racetrack in Farmington, NM on May 9, 2016 the penalty imposed shall be disqualification and loss of the purse for this race, and “Upper Canyon” shall be placed on the veterinarian’s list for ninety (90) days;
      9. “Upper Canyon,” “Mts No Marks On Me,” and “Raise Your Version” 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 Delfino Estrada Jr. and owner Tomas Avita and owner Castulo Noe Morales. This Order will take effect on September 25, 2017. 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: Christian Luis Cardenas Ruling Date: 8/24/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-149 Ruling Type: Possession and/or Use of an Electrical Device
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 8/19/2017 Suspension End:
Ruling Text: Exercise Rider Christian Cardenas, having waived his rights to a 10 day notice of hearing and formal hearing before the Board of Stewards on August 24, 2017 ,concerning summary suspension dated August 19, 2017 for being in possession of an electrical device and a needle found in his truck during a compliance search by the investigator in the stable area on August 19, 2017, at Ruidoso Downs (refer to ruling 2017-RUI-131).

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

    1. A 5 year suspension of any/all New Mexico Racing Commission licenses, retroactive from ruling 2017-RUI-131, August 19, 2017, through August 18, 2022, inclusive.
    2. A $5,000 five thousand dollar fine to paid on or before September 24, 2017, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

During said time of applicable suspension Christian Cardenas is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC per 15.2.1.9 (C)(21) NMAC.

Licensee is found to be in violation of: 15.2.5.13 (E)(6)(c) : Use of Riding Crop No electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than the riding crop approved by the Stewards, shall be possessed by anyone, or applied by anyone to a horse at any time on the grounds of the Association during the meeting, whether in a race or otherwise. 16.47.1.8 (E) Consent to Search and Seizure By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law.

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

Name: MARTIN RODRIGUEZ ORONA Ruling Date: 1/7/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-18 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 Martin Orona Sr. having been duly notified and having appeared with translator Victor Alba before the Board of Stewards, on January 7, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMRC). The report confirmed an overage for the therapeutic (class 4 penalty C) drug Methylprednisolone found in sample # NM24994 taken from the horse “C.P Prado”, who finished 2nd place in the 3rd race on September 5, 2016 at Ruidoso Downs in Ruidoso, NM. The concentration of Methylprednisolone was 1,383 pg/ml in the blood (which exceeds the authorized medication limit of 100 pg/ml in the blood) and confirmed in the split sample at a level of 1,250 pg/ml in the blood sent to Industrial Laboratories on November 21, 2016.

Lorenzo Alba, the owner of record for horse “C.P Prado”, was duly notified and was present with translator Victor Alba for this hearing. Pursuant to rules 15.2.6.9 C, this is Mr. Alba’s FIRST Class 4 Category C medication in a 365 day period.

(Aggravating circumstances: A very high level of Methylprednisolone was found in sample.) Considering the aggravating circumstances, for this FIRST Class 4 Category C medication violation in a past 365 day period the Board of Steward assess Martin Orona Sr. a penalty of:

    1. A fine in the amount of one thousand five hundred dollars ($ 1,500.00). This fine is to paid on or before February 7, 2017, in accordance with 15.2.3.8(B)(3) NMAC. Failure to pay this fine within the time prescribed may result in an immediate suspension.
    2. The horse, “C.P Prado”, must pass a commission-approved examination, which includes a negative blood and urine test, before being eligible to run
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". 15.2.6.9 C. PENALTY RECOMMENDATIONS:(3) Category C penalties will be assessed for violations due to the presence of a drug carrying a category C penalty and overages for NSAID’s and furosemide (all concentrations are for measurements in serum or plasma). Recommended penalties for category C violations, overages for permitted NSAID’s and furosemide are as follows: for Methylprednisolone is 100 pg/ml in the blood
    • TRAINER 1ST offense in a Class C category (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $1,000
    • OWNER 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:
This ruling is written in accordance with: 15.2.6.9 A. (4) UNIFORM CLASSIFICATION GUIDELINES Class 4/ 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: RYAN JOSEPH CHAVEZ Ruling Date: 8/8/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-151 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: 1 Year Janitor, Ryan J. Chavez having been duly notified and having appeared before the Board of Stewards on August 8, 2016 at Ruidoso Downs, for failing to disclose criminal/arrest history on his licensing application dated June 12, 2016.

Ryan J. Chavez is found to be in violation of:

For this violation, the Board of Stewards assessed Ryan J. Chavez a fine in the amount of two hundred dollars ($200.00). The fine is to be paid on or before September 7, 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 Ryan J. Chavez is found to be in violation of.

16.47.1.8 (L)(1) 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: (a) has been convicted of a felony; (d) has failed to disclose or falsely states any information required in the application 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. (g) The stewards may order that a person be ineligible for licensing; or they may deny a license to an applicant on grounds set forth in the act or these rules. 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 16.47.1.8 (L)(1) 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: (d) has failed to disclose or falsely states any information required in the application

Name: RYAN JOSEPH CHAVEZ Ruling Date: 1/27/2021
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-151-FTC Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 1/27/2021 Suspension End:
Ruling Text: RE: 2016-RUI-151 - Failure to Comply 1/27/21

Failure to pay fine

Name: JOSE ROBERTO GONZALEZ Ruling Date: 5/10/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-72 Ruling Type: Fined
Breed: Mixed Division: Mixed
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Licensee having appeared by phone before the Board of Stewards on this date May 9, 2015, for failure to declare equipment Blinkers Off at time of entry on the horse Soaring Dea, entered in the eighth race, on May 9, 2015 , at The Downs of Albuquerque. Licensee is found to be in violation of Commission rules.

For this rule violation, the Board of Stewards assessed a penalty in the amount of fifty dollars ($ 50.00). The fine is to paid on or before June 9, 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:

NMAC: 15.2.5.8 (B10) Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards.

Name: RAMON ROBERTO RIVERA Ruling Date: 10/20/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2014-Comm-41 Ruling Type: Penalty Affirmed
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
See Attached D&O
Name: JOSE ROBERTO GONZALEZ Ruling Date: 10/5/2014
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2014-DAA-76 Ruling Type: Fined
Breed: Mixed Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Licensee was unable to be reached by the Board of Stewards on October 5, 2014 for failure to declare equipment (flipping halter) at the time of entry on his horse, CY MISS DIDJA entered in the 4TH race on October 4, 2014 at The Downs at Albuquerque racetrack is found to be in violation of Commission rules.

For this rule violation, the Board of Stewards assessed a penalty in the amount of $50.00 dollars. The fine is to paid on or before October 25, 2014 in accordance with 15.2.3.8(B)(3)(l) NMAC.

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


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

15.2.5.8(B) (9) NMAC: Which states in Pertinent part that “Any approved change of equipment must be declared at time of entry.”

Name: EDUARDO ALEJANDRO GONZALEZ Ruling Date: 8/7/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3540814 Ruling Type: Penalty Affirmed
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO IN THE MATTER OF THE APPEAL OF TRAINER EDUARDO GONZALEZ (LIC #96091443) OF RULINGS #2959513, #2960513 #2961513, #2956513, #2957513 AND #2958513 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS ON DECEMBER 16, 2013. RULING: 3540814 DECISION AND ORDER WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on June 26, 2014 on review of a hearing officer's report by the above named Appellant; WHEREAS, proper notice was given to those parties entitled to notice; 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 a violations on behalf of Appellant; WHEREAS, the Commission voted unanimously to adopt the penalty recommendations of the Hearing Officer. IT IS THEREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance in a horse he is training. As such, Appellant and his horses shall be assessed a penalty as follows: I. A fine in the amount of (i) five thousand dollars ($5,000) for the third offense violation of Clenbuterol and (ii) five thousand dollars ($5,000) for the fourth offense violation of Clenbuterol for a total fine amount of ten thousand dollars ($10,000); II. A suspension of (i) one (1) year for the third violation of Clenbuterol and (ii) one (1) year suspension for the fourth offense violation of Clenbuterol for a total suspension of two (2) years; III. Loss of purse for the two horses (i) Desert Delish Cash and (ii) Celebrity Dasher; IV. These two horse be unplaced; V. These two horses must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission; and VI. Appellant and any race animal owned or trained by or under the care or supervision of Appellant be excluded from any and all part of any premises under the regulatory jurisdiction of the Commission. This Decision and Order shall be served upon Appellant in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. Date: ____________ _________________________________ Chairman Doughty
Name: RAMON ROBERTO RIVERA Ruling Date: 6/3/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3526814 Ruling Type: Penalty Affirmed
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING: 3526814 TRACK: Commission Office DATE: June 3, 2014 Pursuant to the Opinion And Order issued by the Honorable Valerie Huling, District Court Judge, the Court affirms the decision of the New Mexico Racing in the matter of TRAINER RAMON RIVERA (DOB: 11/17/1964). Therefore, the Decision and Order Ruling #3399814 as entered by the New Mexico Racing Commission is hereby upheld. Whereas, TRAINER RAMON RIVERA, (DOB: 11/17/1964) is found in violation of Commission rules and for this violation shall be assessed the following penalty: A fine of $1,000.00. Trainer Rivera shall abide by the statute and rules of the Commission, pursuant to this Ruling. Any violation thereof may result in further disciplinary action by the Commission. TRAINER RAMON RIVERA (DOB: 11/17/1964) shall also be penalized with a loss of purse. The horse shall be unplaced and the horse must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission. TRAINER RAMON RIVERA must pay all fines within thirty (30) days from the date of this ruling. BY ORDER OF THE NEW MEXICO RACING COMMISSION _______________________________________ VINCE MARES, EXECUTIVE DIRECTOR
Name: MICHAEL DAVID CHAVEZ Ruling Date: 5/14/2014
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 0297414 Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING#: 0297414 TRACK: RUIDOSO DOWNS DATE: May 14, 2014 Trainer MICHAEL DAVID CHAVEZ (DOB: 07/07/1975 NMSRC LICENSE #:46079969) having paid the fine assessed in ruling 0008313, issued September 13, 2013, at the New Mexico State Fair, and having otherwise fulfilled the conditions required in said ruling; This matter having come before the Board of Stewards on this date, it is hereby ordered that MICHAEL DAVID CHAVEZ is reinstated, effective April 22, 2014. BY ORDER OF THE RUIDOSO DOWNS BOARD OF STEWARDS DAVID KEITER ED L'ECUYER CONNIE ESTES
Name: CHARLES RONALD HARVATT Ruling Date: 4/16/2014
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2014-TAM-42 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Consent Order #2013020045, Violation of FAC 61D-6.008(2)(a)2.
Name: JOSE ROBERTO GONZALEZ Ruling Date: 3/25/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3343514 Ruling Type: Race Office/Track Rule Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING: 3343514 TRACK: Sunland Park DATE: March 25, 2014 Trainer JOSE R GONZALEZ SR, ( DOB: 05/20/1961 LICENSE #66077011), having appeared, by telephone, before the Board of Stewards on this date for failure to declare equipment (blinkers on) at time of entry on the horse "Soaring Dea", entered in the tenth race, on Sunday, March 23, 2014, at Sunland Park. JOSE R GONZALEZ SR is found to be in violation of: 15.2.5.8(B)(9) NMAC: Which states in pertinent part that " Any approved change of equipment must be declared at time of entry." 15.2.5.13(A)(6) NMAC: Which states in pertinent part that "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". 15.2.5.13(A)(7) NMAC: Which states in pertinent part that "No licensee may change any equipment used on a horse in its last race, without the prior approval of the Paddock Judge or the Stewards." For this second related rule violation at this meet, the Board of Stewards assessed JOSE R GONZALEZ SR a penalty of a fine in the amount of one hundred dollars ($100.00). The fine is to be paid on or before April 23, 2014 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS ED L'ECUYER DAVID KEITER RON WALKER 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: KRISTOPHER ROBEN CORDOVA Ruling Date: 2/6/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3403814 Ruling Type: Appeal/Stay Granted
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: NEW MEXICO RACING COMMISSION RULING: S 3403814 DATE: February 06, 2014 IN THE MATTER OF THE APPEAL OF KRISTOPHER ROBEN CORDOVA, DOB: 07/04/1984, (LIC #56082280) OF RULINGS #2923513, #2924513, #2925513, #2926513, #2947513, #3142514, #3143514 and #3144514 ISSUED BY THE SUNLAND PARK BOARD OF STEWARDS ON DECEMBER 8, 2013. Pursuant to Paragraph (10) Subsection B of 15.2.1.9 NMAC, it is hereby ordered that a stay in the matter of the suspension of KRISTOPHER CORDOVA is issued per District Court Judge Carl Butkus issued pending a final decision by the New Mexico Racing Commission on this matter. BY ORDER OF THE NEW MEXICO RACING COMMISSION ______________________________ Vince Mares, Executive Director
Name: KRISTOPHER ROBEN CORDOVA Ruling Date: 1/31/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3142514 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 3500 Fine Paid: Y
Suspension Start: 3/30/2014 Suspension End: 11/24/2015
Ruling Text: RULING#: 3142514 TRACK: SUNLAND PARK DATE: January 31, 2014 Trainer KRISTOPHER ROBEN CORDOVA (DOB: 07/04/1984 NMSRC LICENSE #56082280) having been duly notified, and having appeared (with telephonic counsel) 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 NM04559 after it was collected from the horse "Rockncorona" which finished first in the second race, Monday, November 25, 2013, at Zia Park; (Mr. Cordova and his Attorney both declined to be sworn in for testimony for this hearing. The original lab report indicated a finding of Clenbuterol at 628 pg/ml. Split sampling rights, as provided by 15.2.6.10 (D) NMAC were afforded to, but declined by, Mr. Cordova). Trainer KRISTOPHER R. CORDOVA is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9 (P) NMAC: Which states in pertinent part the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective April 20, 2012, in which states in part "Clenbuterol in a post race test that exceeds the screening limit of 100 pg/ml in urine, or 2 pg/ml in serum/plasma will constitute a violation of NMSRC rules. A subsequent published, posted, and distributed memo dated April 26, 2013, stated the criteria for Clenbuterol remained in effect". 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." For this violation, the Board of Stewards assessed Trainer KRISTOPHER R. CORDOVA a penalty as follows: (1) A suspension of any/all NMSRC issued licenses for a period of one year, (July 25, 2014 through July 25, 2015, inclusive); (2) A fine in the amount of five-thousand dollars ($5,000.00); (3) Loss of purse of the 2nd race Monday, November 25, 2013, at Zia Park (4) Referral of this case to the NMSRC for any additional action deemed necessary, per 15.2.3.8 (B)(3)(j) NMAC. This is a third offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC. During said time of applicable suspension, Trainer KRISTOPHER R. CORDOVA 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 KRISTOPHER R. CORDOVA 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 3143514, and 3144514, issued this date, at Sunland Park). BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS _____________________ _______________________ _____________________ RON WALKER DAVID KEITER ED L'ECUYER Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: KRISTOPHER ROBEN CORDOVA Ruling Date: 11/19/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3142514-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 3500 Fine Paid: Y
Suspension Start: 3/30/2014 Suspension End: 11/24/2015
Ruling Text: RE: 3142514 - Ruling Final Outcome A settlement was reached with the AG's office per Susan Sullivan- attached is a copy of the settlement agreement
Name: JOSE ROBERTO GONZALEZ Ruling Date: 1/30/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3139514 Ruling Type: General/Miscellaneous Rulings
Breed: Mixed Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RULING: 3139514 TRACK: Sunland Park DATE: January 30, 2014 Trainer JOSE R GONZALEZ, SR, ( DOB: 05/20/1961 LICENSE #66077011), having appeared before the Board of Stewards on this date for failure to declare equipment, 9blinkers on), at time of entry on the horse "Flash Me The Cash", entered in the seventh race, on Sunday, January 26, 2014, at Sunland Park. JOSE R GONZALEZ, SR is found to be in violation of: 15.2.5.8(B)(9) NMAC: Which states in pertinent part that " Any approved change of equipment must be declared at time of entry." 15.2.5.13(A)(6) NMAC: Which states in pertinent part that "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". 15.2.5.13(A)(7) NMAC: Which states in pertinent part that "No licensee may change any equipment used on a horse in its last race, without the prior approval of the Paddock Judge or the Stewards." For this rule violation, the Board of Stewards assessed JOSE R GONZALEZ, SR a penalty of a fine in the amount of fifty dollars ($50.00). The fine is to paid on or before March 2, 2014 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension. BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS ED L'ECUYER DAVIDKEITER RON WALKER 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: MARTIN RODRIGUEZ ORONA Ruling Date: 1/11/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3071514 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer MARTIN RODRIGUEZ ORONA, SR, (DOB: 09/28/1956 LICENSE #96092325),
having appeared, by telephone, before the Board of Stewards on this date for failure to declare equipment: (flipping halter off) at time of entry on the horse "Miss Supersonic Dash", entered in the first race, on Saturday, January 11, 2014, at Sunland Park.

MARTIN RODRIGUEZ ORONA, SR is found to be in violation of:

15.2.5.8(B)(9) NMAC: Which states in pertinent part that "Any approved change of equipment must be declared at time of entry."

15. 2.5. 13(A)(7) NMAC: Which states in pertinent part that "No licensee may change any equipment used on a horse in its last race without approval of the Paddock Judge or Stewards."

For this rule violation, the Board of Stewards assessed MARTIN RODRIGUEZ ORONA, SR a penalty of a fine in the amount of fifty dollars ($50.00). The fine is to paid on or before February 11, 2014 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.



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