Recent rulings collected by the ARCI organization

    The rulings that follow were received by ARCI within the last 5 days.  Please note that the ruling dates may be more than 5 days old. This report has been sorted from most to least recent ruling date. >5/22/2020<

54 Total Rulings compiled at: 5/27/2020 4:02:07 AM G.M.T.

Name: STEVEN MARK ASMUSSEN Ruling Date: 5/26/2020
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2020-PRM-8 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: A report from the Industrial Laboratories Company, Inc. Wheat Ridge, Colorado states Atenolol confirmed in Urine at 1.99 ng/ml in Sample #E322273 taken from the horse “SHANG” after finishing second (2nd) in the seventh (7th) race on July 5, 2019. The Board notes the Association of Racing Commissioners International, Inc. (ARCI) which publishes the Drug Testing Standards and Practices Program Model Rules Guidelines, currently classifies Atenolol as a Class 3, Penalty B drug. The recommended penalty for Atenolol is 15-day suspension absent mitigating circumstances, up to a 60-day suspension if there are aggravating factors. The administrative penalty is a minimum fine of $500 absent mitigating circumstances, and a maximum of $1,000 if there are aggravating factors. There is also a mandatory loss of purse, and the horse must pass a commission-approved examination before being eligible to run. Owner/Trainer Steven Asmussen chose to send his split sample to a referee laboratory. University of California Davis confirmed the split sample showed Atenolol in urine at 1.2 ng/ml and in serum at 12 pg/ml. A DNA test was received on December 17, 2019. On January 22, 2020, UC Davis confirmed the sample containing Atenolol did come from “Shang”. There is no acceptable level for Atenolol in any sample, as there is no screening limit. The Board held a hearing for Mr. Asmussen on May 15, 2020. Mr. Asmussen, along with his assistant Darren Fleming, were present via teleconference and chose to be represented by legal counsel, Mr. Clark Brewster. Mr. Asmussen, through counsel, did offer evidence and provided testimony to the Board of Stewards regarding his Atenolol positive. Mr. Asmussen did not dispute the positive test result, but rather provided evidence as to the potential cause. Mr. Asmussen’s attorney also provided a “Summary of Essential Premises and Citations of Authority” to the board, and it was considered prior to the Board of Stewards’ decision. Prairie Meadows Racetrack and Casino Board of Stewards Ruling – Ruling #46100 Steven Asmussen May 26, 2020 Page 2 After reviewing evidence and testimony, the Board finds “SHANG” raced and earned purse money in the seventh (7th) race on July 5, 2019 with Atenolol in his system. The Board finds Owner/Trainer Steven Asmussen in violation of IRGC Rules of Racing 491-99D.25 (1)(a); 491 IAC 10.5(1)(a)(1) and (a)(2); 491 IAC 10.7(1)(a), (b), and (c). Steven Asmussen is the absolute insurer of, and responsible for the condition of the horse he entered in the seventh (7th) race on July 5, 2019. The Board of Stewards concludes that Mr. Asmussen is responsible for the positive in “SHANG” and the presence of the drug is prima facie evidence it was in the horse during the seventh (7th) race on July 5, 2019. There are mitigating factors which cause the Stewards to impose no suspension penalty against Mr. Asmussen’s license in this matter. The mitigating factors are as follows: The amount of the drug found was extremely low, and there was substantial persuasive evidence provided showing Atenolol can be an environmental substance. The board believes it was an inadvertent exposure, and not a deliberate administration. However, there are aggravating factors that caused the Board to issue the maximum administrative penalty. Some of the factors are: Mr. Asmussens extensive medication violation history; the fact that although much of the evidence provided purported to show Atenolol to be in the local water, there was not a single additional positive test for Atenolol the entire year: Mr. Asmussen’s horse shipped in 3 days prior to the race, and horses who were located at the track for the entire racing season experienced no exposures that showed up in any positive post-race tests. The Board feels the contamination most likely came from a person closely associated with the horse, and not from the local water. Mr. Asmussen feels prohibiting persons who are caring for his horses from urinating in stalls is “a practice that is impossible to stop”. Because “SHANG” was found to have carried Atenolol in his system during the running of the race, the Board hereby orders “SHANG” disqualified from his secondplace finish in the seventh (7th) race on July 5, 2019, and orders all purse monies earned by “SHANG” forfeited and the purse money redistributed accordingly. In addition, “SHANG” is placed on the Veterinarian’s list and must pass a Commission approved Vet exam before being eligible to run. This disqualification is justified due to the irrefutable drug positive. Although it is likely that the horse carried the drug in his system due to an inadvertent exposure, he nonetheless carried the drug in his system which necessitates the disqualification to ensure the integrity of racing, and to instill confidence in the betting public. Therefore, for a violation of the above mentioned IRGC Rules of Racing, Prairie Meadows Racetrack and Casino Board of Stewards Ruling – Ruling #46100 Steven Asmussen May 26, 2020 Page 3 Owner/Trainer Steven Asmussen is assessed an administrative penalty of One Thousand Dollars ($1,000.00).
Name: JOSHUA M MORALES Ruling Date: 5/24/2020
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #20-0035 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Apprentice Jockey: Joshua Morales (D.O.B. 9/28/1999)

Apprentice jockey Joshua Morales is hereby granted an extension of his apprentice weight allowance for a total of FIFTY FIVE (55) days, February 14, 2021 through April 9, 2021 (inclusive) due to the Governor’s order to suspend racing in Kentucky for a fifty five day period.

810 KAR 4:070 Section 4(4)

By Order of the Stewards

Name: ALEXANDER CRISPIN Ruling Date: 5/24/2020
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #20-0036 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Apprentice Jockey: Alexander Crispin (D.O.B. 7/7/1998)

Apprentice jockey Alexander Crispin is hereby granted an extension of his apprentice weight allowance for a total of FIFTY FIVE (55) days, March 2, 2021 through April 25, 2021 (inclusive) due to the Governor’s order to suspend racing in Kentucky for a fifty five day period.

810 KAR 4:070 Section 4(4)

By Order of the Stewards

Name: ANDREW L SIMOFF Ruling Date: 5/22/2020
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 02-2020 DEL Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Stewards Ruling 02-2020 Ruling Date: May 22, 2020 Licensee: Andrew L. Simoff DOB: 02/09/1959 Violation Date: May 16, 2020 License Type: Owner/Trainer RCI ID: 2018676 Ruling Type/Description: Failure to obey facility regulations DTRC Rules Cited: 2.5 all, 3.3 all, 3.4 all, 18.0 all Fine: $100.00 Fine Due Date: May 26, 2020 Narrative: The Stewards received a Delaware Park Violation Notice dated May 16, 2020, citing Andrew L. Simoff for “Failure to wear DRTC wristband.” Due to the Coronavirus pandemic, Delaware Park has implemented safety protocols which requires all individuals entering the stable area to have daily temperature checks and the wearing of a color-coded wristband signifying compliance. Mr. Simoff waived his right to a hearing, and under the authority DTRC rules 3.3.1, 3.3.10, 3.4.1, 3.4.1.7, was found to be in violation of the above cited rules, and is hereby fined the sum of one hundred ($100.00) dollars. Failure to pay the assessed fine by the due date may result in a suspension of license. Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly.

Name: KEIVAN A SERRANO Ruling Date: 5/18/2020
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2020-FON-20 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Keivan A Serrano having completed his drug counseling and provided a negative urine test is hereby reinstated to good standing in the State of Nebraska as of May 18, 2020.

Name: DOMINICK ARTECA Ruling Date: 5/16/2020
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 20-018 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: On June 21, 2013, two separate conferences were held for licensee Dominick Arteca, one for not finishing his 2013 WHRC license application as required, and the other for a financial complaint. Dominick Arteca failed to appear and the conference's were held in his absence, at which time, Dominick Arteca was fined $100.00 and his license suspended for the license application violation, and suspended for the financial complaint against him by rulings EMD13-071 and EMD13-072.

On Saturday, May 16, 2020 Dominick Arteca appeared before the board of stewards, Dominick Arteca paid his fine and finished his license application process. Mr. Arteca will be given a thirty day temporary license in order to satisfy the financial complaint filed against him due to the pandemic outbreak. Accordingly, if Mr. Arteca fails to satisfy the financial complaint within the thirty days, his license will be suspended and he will be made ineligible for licensing.

WAC 260-24-510

Name: KEVIN S DAY Ruling Date: 5/16/2020
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 20-017 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: On April 1, 2020 Kevin Day applied for a WHRC owner's license, after reviewing his license application it was discovered he gave false information on the ownership and eligibility of his horse. Accordingly, the owner's license of Kevin Day is hereby cancelled.

WAC 260-24-510

Name: TERRELL MATHIAS HEMMER Ruling Date: 5/14/2020
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2020-FON-19 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 violation of Nebraska State Racing Commission Rule 18.011 (Trainer is absolute insurer of condition of horses trained by him and entered in a race and is responsible for the presense of any drug or medication in such horses). Truesdail Laboratories reported that the blood sample number 76721 taken on April 14, 2020 at Fonner Park was found to contain 7-Nor-7-Carboxycannabidiol, a metabolite Cannabidiol from the horse "El Diablo Grande" who finished 1st in the 5th race. Owner/Trainer Terrell Hemmer is hereby fined the sum of Five Hundred Dollars ($500.00) and the horse El Diablo Grande is disqualified from 1st and placed last. The new order of finish is as follows: 1st, #3 Spoon Boss; 2nd, #8 Brett's Boy; 3rd, #9 Minefield; 4th, #2 Be Stormy; 5th, #10 Holiday Joke; 6th, #7 Picadilly Roadster; 7th, #6 Bold Bulldog; 8th, #5 Silis; 9th, #4 Call A Cop; 10th, #1 El Diablo Grande. Fine to be paid to the Nebraska State Racing Commission within 72 hours.
Name: MARILYN SUE AXMAKER Ruling Date: 5/13/2020
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD 20-016 Ruling Type: Failure to Pay Fine or Fees
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/13/2020 Suspension End:
Ruling Text: The groom license of Marilyn Sue Axmaker is hereby suspended for failing to pay her fine of $50.00 issued in ruling EMD20-015. The suspension will be in effect until the fine is paid in full.

WAC 260-24-510 WAC 260-84-060

FACILITY ACCESS During the term of this suspension Marilyn Sue Axmaker is denied access to and privileges of any and all restricted areas coming under the jurisdiction of the Washington Horse Racing Commission.

Name: DEREK DEAN STORTZUM Ruling Date: 5/12/2020
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2020-FON-18 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/13/2020 Suspension End: 6/11/2020
Ruling Text: Assistant Starter Derek Stortzum having received proper notice of hearing and appeared before the Board of Stewards on Tuesday, May 12, 2020 at 10:00 am and is hereby suspended for thirty (30) days starting Wednesday, March 13, 2020 thru Thursday, June 11, 2020 for violation of Nebraska State Racing Commission Rule 3.007.03A (Failed a urine test which showed the presence of amphetamines).

Mr. Stortzum must be professionally evaluated by a certified controlled substance counselor and produce a negative urine sample before having his Nebraska Racing license re-instated.

Name: JONATHAN ESPINOZA Ruling Date: 5/12/2020
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2020-RUI-2 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 Grooms license issued to Jonathan Espinoza-Andrade is hereby rescinded without prejudice as he no longer works in this category. He was issued an assistant starters' license.

This ruling is in accordance with:

16.47.1.8. (M)(2) Duration of license which states " A license is valid only under the condition that the license remains eligible to hold such a license. 15.2.1.8 (B)(1) Commission General Authority : 15.2.3.8 (3)(a)(f) Stewards' Disciplinary Action

Name: JONATHAN ESPINOZA Ruling Date: 5/12/2020
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2020-RUI-3 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Issued in error.
Name: JONATHAN ESPINOZA Ruling Date: 5/12/2020
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2020-RUI-4 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Issued in error.
Name: ALEX JASON SEDILLO Ruling Date: 5/11/2020
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2020-RUI-1 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 Owners' license issued to Alex Sedillo is hereby rescinded without prejudice as he no longer works in this category. He was issued an assisstant starters' license.

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: FREDDY MANRRIQUE Ruling Date: 5/11/2020
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2020-FON-17 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Freddy Manrrique having completed his drug counseling and provided a negative urine test is hereby reinstated to good standing in the state of Nebraska as of May 8, 2020.
Name: JAIME ALDAVAZ Ruling Date: 5/8/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-106 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Jaime Aldavaz Jr, having been duly notified and had his hearing, before the Board Of Stewards on May 8, 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 E369466 taken from the 1st place finisherCd Flash and Fame” following the 8th race, on February 14, 2020, at Sunland 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. Daniel Ramirez is the owner of record for horse “Cd Flash and Fame” This is Jaime Aldavaz Jr’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 ($250.00) Two Hundred and Fifty dollar fine to paid on or before June 17, 2020, 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, May 28, 2020

Name: ISIDRO A HINOJOS Ruling Date: 5/8/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-105 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Isidro A. Hinojos, was duly notified and appeared by telephone before the Board of Stewards on May 8, 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 E369352 taken from the 2nd place finisher, “Arrows Watch”, in the 1st race on February 7, 2020, at Sunland Park Racetrack Park.

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

Jose R. Ramos, is the trainer of record for the horse “Arrows Winner”.

For Isidro A. Hinojos’s First lifetime 3A medication violation issued in accordance with 15.2.6.9 (B)(1) Penalty Recommendations, the Board of Stewards hereby assess a penalty as follows.

        1. Pursuant to rule 15.2.6.9 (B)(1), the horse “Arrows Winner” is on the veterinarian’s list for 180 days (May 8, 2020 through November 3, 2020) and must pass a commission-approved examination before becoming eligible to be entered.
        2. The horse “Arrows Winner”, is hereby disqualified from SECOND PLACE and ordered unplaced from the 1st race on February 7, 2020, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                    1. Cruzin Byou 6. Regards Ta Flyin
                    2. Victorio Jess Jqm 7. Look Left
                    3. Daddies Little Darlin 8. Babe Theory
                    4. One In The Same 9. Sergio El Bailador
                    5. Jm Iknowimspecial
Unplaced “Arrows Winner”

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/ 15.2.5.13(E)(4)(d) Running of the Race/ 15.2.6.9 MEDICATIONS AND PROHIBITED SUBSTANCES/ 15.2.6.9(L)(3)(o) MEDICATIONS AND PROHIBITED SUBSTANCES Environmental contaminants and substances of human use/15.2.5.14 D. 7 Protests, Objection and Inquiries/ 15.2.6.9(C)(1)(8)(c) Medication Restrictions/ 15.2.6.11 Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U) Protection of Horses/ 16.47.1.10(B)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendation/

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 FOR APPEAL MAY 28, 2020

Name: ISAI V GONZALEZ Ruling Date: 5/6/2020
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2020-FON-15 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Isai V Gonzalez having been properly served and waived his right to a formal Stewards hearing for violation of Nebraska State Racing Commission Rule 18.001 (Trainer is absolute insurer 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 Inc reported that the blood sample 77012 taken from the horse "Spa ShackALacka" who finished 1st in the 4th race on April 6, 2020 at Fonner Park, Grand Island Nebraska contained the drug Dexamethasone. Owner/Trainer Isai V Gonzalez is hereby fined the sum of Two Hundred Fifty Dollars ($250.00) and his horse "Spa ShackALacka" is hereby disqualified from 1st and placed last.

The new order of finish for the 4th race on April 6, 2020 is: 1st, Langs Legend; 2nd, Dion; 3rd, Free Music; 4th, Bronco Dave; 5th, Proud Italian; 6th, In Control; 7th, Doublec Twopunch; 8th, Spur; 9th, Well Mannered; 10th, Spa ShackALacka.

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

Name: JOE HAWLEY Ruling Date: 5/6/2020
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2020-FON-16 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Joe Hawley having been properly served and waived his right to a formal Stewards hearing for violation of Nebraska State Racing Commission Rule 18.011 (Trainer is absolute insurer of the 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 marked 77015 taken from the horse "Green Card" on April 6, 2020 at Fonner Park, Grand Island, Nebraska who finished 1st in the 7th race on April 6, 2020 contained the drug "Hydrocortisone Hemisuccinate". The horse "Green Card" is hereby disqualified from all purse money and placed last in the seventh race on April 6, 2020.

The new order of finish is as follows: 1st, Trask; 2nd, Dorcheat Zarb; 3rd, Diesel's Prize; 4th, Crimson Jet; 5th, Fat Tire; 6th Magic Cowboy, 7th Hidden Gun; 8th, Tristan's Dream; 9th, Chared; 10th, Green Card.

Name: JORGE ARMANDO BRITO Ruling Date: 5/5/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-103 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Jorge A. Brito, having been duly notified and appeared by telephone, before the Board Of Stewards on May 5, 2020, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Betamethasone (class 4C-Major penalty drug) found in test sample E354944 taken from the 1st place finisherOne Sweet Barbie” following the 6th race, on November 30, 2019, at Zia Park Race Track. The original lab report indicated a finding of Betamethasone at 22.7 pg/ml +/- 1.7 pg/ml in the blood, the allowable limit for Betamethasone is 10 pg/ml in the blood (15.2.6.9 Attachment 2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to the trainer, and confirmed by UC Davis. Sarah D. Brito (Absolute Refrigeration AC/HTG) is the owner of record for horse “One Sweet Barbie” This is Jorge A. Brito’s First 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4). The Board of Stewards assessed a penalty as follows:
    1. A ($1000.00) One Thousand dollar fine to paid on or before June 4, 2020, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

15.2.1.9(B)(9)(b):Appeal Procedures 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 date to appeal: May 16. 2020

Name: MARVIN A. JOHNSON Ruling Date: 5/4/2020
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2020-FON-13 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Marvin A Johnson having been properly served and waived his right to a formal Stewards hearing for violation of Nebraska State Racing Commission Rule 18.011 (Trainer is absolute insurer of condition of horses trained by him and entered in a race and is responsible for the presense of any drug or medication in such horses). Truesdail Laboratories reported that the blood sample number 77005 taken on April 1, 2020 at Fonner Park was found to contain 7-Nor-7-Carboxycannabidiol, a metabolite Cannabidiol from the horse "Dirty Dixie Road" who finished 1st in the 6th race.

Trainer Marvin A Johnson is hereby fined the sum of Five Hundred Dollars ($500.00) and the horse Dirty Dixie Road is disqualified from 1st and placed last. The new order of finish is as follows: 1st, Intoxicating Kiss; 2nd, Memories Galore; 3rd, Aloneatthebar; 4th, Lets Tango; 5th, Elusive Dream; 6th, P R Girl Crush; 7th, Panena Tornai; 8th, Dirty Dixie Road.

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

Name: JOE HAWLEY Ruling Date: 5/4/2020
Jurisdiction: Nebraska Racing Commission Facility: Fonner Park
Ruling Number: 2020-FON-14 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Joe Hawley having been properly served and waived his right to a formal Stewards hearing for violation of Nebraska State Racing Commission Rule 18.011 (Trainer is absolute insurer of the 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 marked 76698 obtained from the horse "Renvyle" who finished 1st in the 8th race on April 8, 2020 at Fonner Park, Grand Island, Nebraska contained the drug "Hydrocortisone Hemisuccinate".

Trainer Joe Hawley is hereby fined the sum of Two Hundred Fifty Dollars ($250.00) and the horse "Renvyle" is disqualified from 1st and placed last. The new order of finish is as follows: 1st, Trapper Peak; 2nd, Superstyle; 3rd, Lightning Money; 4th, Medieval Medicine; 5th, Mayhawk; 6th, Williston Dude; 7th, Astonishing Tweet; 8th, Renvyle.

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

Name: JOSE LUIS MARQUEZ Ruling Date: 3/20/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-96 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/19/2020 Suspension End:
Ruling Text: Trainer Jose Luis Marquez, is hereby summarily suspended, effective immediately, March 19, 2020, pending the outcome of her summary suspension hearing on March 27, 2020 at 10:00 a.m. in the office of the Board of Stewards at Sunland Park (1200 Futurity Dr, Sunland Park, NM. 88063) or by telephone, per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Drug (Class 3 Penalty Class A (Quarter Horses), Albuterol, found in test sample E369771 taken from the horse “Ms Party Wagon”, who finished in 1st place in the 3rd race on March 8, 2020 at Sunland Park Racetrack.

In accordance with 15.2.1.9 (C)(21), Jose Luis Marquez 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 Jose Luis Marquez 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 Jose Luis Marquez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5) 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: 15.2.6.9 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 Albuterol or 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: JOSE LUIS MARQUEZ Ruling Date: 3/25/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-96-CC Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/19/2020 Suspension End:
Ruling Text: RE: 2020-SUN-96 - Case Continued 3/25/2020 Summary Suspension Hearing 3/27/2020 Trainer: Jose Luis Marquez (currently under summary suspension) was duly notified and waived his right to the summary suspension hearing, on March 27, 2020 before the Board of Stewards. The summary suspension is in regard to the confirmed positive of the Drug (Class 3 Penalty Class A (Quarter Horses), Albuterol, found in test sample E369771 taken from the horse “M S Party Wagon”, who finished in 1st place in the 3rd race on March 8, 2020 at Sunland Park Racetrack.

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

In accordance with 15.2.1.9 (C)(21), Jose Luis Marquez 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 Jose Luis Marquez 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 Jose Luis Marquez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5) 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: CLIFFORD CHARLES LAMBERT Ruling Date: 3/20/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-94 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 3/18/2020 Suspension End: 4/17/2020
Ruling Text: Trainer: Clifford C. Lambert Sr., having been duly notified and appeared before the Board Of Stewards on March 18, 2020, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, 3-Hydroxylidocaine (class 2B penalty drug) found in test sample E354754 taken from the 2nd place finisherEyesa Flashy Jess” following the 4th race, on November 16, 2018, at Zia Park Race Track. The original lab report indicated a finding of 3-Hydroxylidocaine at 8530 pg/ml +/- 4.0 pg/ml in the blood, the allowable limit for 3-Hydroxylidocaine is 20pg/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.

Derrell W. Riggan is the owner of record for the horse.

For Clifford C. Lambert Sr.’s 1st Class 2B 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 March 18, 2020, through April 17, 2020, inclusive.
2. A ($750.00) Seven Hundred Fifty Dollar fine to be paid on or before April 18, 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 Clifford C. Lambert Sr.s 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 Clifford C. Lambert 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 by, owned by, or in the care and custody of Clifford C. Lambert Sr 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.

Name: CYNTHIA G GONZALEZ Ruling Date: 3/11/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-71 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/11/2020 Suspension End:
Ruling Text: Trainer: Cynthia G. Gonzalez, is hereby summarily suspended, effective immediately, March 11, 2020, pending the outcome of her summary suspension hearing on March 20, 2020 at 10:30 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 the confirmed positive of the Drug (Class 3 Penalty Class A (Quarter Horses)), Albuterol, found in test sample E369674 taken from the horse “Woodettes JJJ”, who finished in 2nd place in the 3rd race on February 29, 2020 at Sunland Park Racetrack.

In accordance with 15.2.1.9 (C)(21), Cynthia G. Gonzalez 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 Cynthia G. Gonzalez 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 Cynthia G. Gonzalez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5) 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: 15.2.6.9 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 Albuterol or 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: CYNTHIA G GONZALEZ Ruling Date: 3/20/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-71-CC Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/11/2020 Suspension End:
Ruling Text: RE: 2020-SUN-71 - Case Continued Summary Suspension Hearing 3/20/2020 Trainer Cynthia G. Gonzalez (currently under summary suspension) was duly notified and waived her right to a summary suspension hearing, on March 20, 2020 before the Board of Stewards. The summary suspension is in regard to the confirmed positive of the Drug (Class 3 Penalty Class A (Quarter Horses), Albuterol, found in test sample E369674 taken from the horse “Woodettes JJJ”, who finished in 2nd place in the 3rd race on February 29, 2020 at Sunland Park Racetrack.

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

In accordance with 15.2.1.9 (C)(21), Cynthia G. Gonzalez 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 Cynthia G. Gonzalez 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 Cynthia G. Gonzalez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5) 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: JIMMY RAY COATES Ruling Date: 2/29/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-64 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Jimmy Ray Coates was summoned and appeared before the Board of Stewards on February 28, 2020, for failure to make sufficient effort to control his mount “Erics Eagle Spirit” in the 1st race on February 22, 2020, at Sunland Park racetrack.

The Board of Stewards hereby assesses Jimmy Ray Coates a fine in the amount of two hundred dollars, ($200.00). This fine is to be paid on or before March 29, 2020, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.5.13(E)(3)(d) NMAC: Post to Finish In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane in such a manner that it interferes with, impedes or intimidates another horse, it is a foul and may result in the disqualification of the offending horse. 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/

Name: FILIBERTO QUIROZ Ruling Date: 2/21/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-59 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 2/21/2020 Suspension End: 4/21/2020
Ruling Text: Trainer Filiberto Quiroz, is hereby summarily suspended, effective immediately, February 21, 2020, pending the outcome of his summary suspension hearing on February 28, 2020 at 11:00 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 B (Thoroughbred), Controlled Substance, Clenbuterol, found in test sample E369410 taken from, “Phoenix Fire”, who finished in 6th place in the 6th race on February 9, 2020 at Sunland Park Racetrack.

In accordance with 15.2.1.9 (C)(21), Filiberto Quiroz 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 Filiberto Quiroz 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 Filiberto Quiroz 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 B Classification for Thoroughbreds 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: FILIBERTO QUIROZ Ruling Date: 2/28/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-59-CC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 2/21/2020 Suspension End: 4/21/2020
Ruling Text: RE: 2020-SUN-59 - Case Continued Summary Suspension Hearing 2/28/2020 Trainer, Filiberto Quiroz, (currently under summary suspension) was duly notified and waived his right to a summary suspension hearing before the Board of Stewards on February 28, 2020. The summary suspension was in regard to the confirmed positive of the Drug Class 3 Penalty Class B (Thoroughbred), Controlled Substance, Clenbuterol, found in test sample E369410 taken from, “Phoenix Fire”, who finished in 6th place in the 6th race on February 9, 2020 at Sunland Park Racetrack.

In accordance with 15.2.1.9(B)(3)(a), the Board of Stewards hereby continue the summary suspension of all licenses belonging to Filiberto Quiroz pending the results of a disciplinary hearing which shall be held at a later date.

In accordance with 15.2.1.9 (C)(21), Filiberto Quiroz 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 Filiberto Quiroz 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 Filiberto Quiroz 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 B Classification for Thoroughbreds 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: FILIBERTO QUIROZ Ruling Date: 5/5/2020
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2020-SUN-59-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 2/21/2020 Suspension End: 4/21/2020
Ruling Text: RE: 2020-SUN-59 - Ruling Final Outcome/5/5/2020 Trainer/Owner: Filiberto T. Quiroz, currently under summary suspension,having been duly notified on April 20, 2020, had his hearing by telephone before the Board Of Stewards on May 4, 2020, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, controlled substance Clenbuterol (class 3-B penalty drug in thoroughbreds ) found in test sample E369410 taken from the 6th place finisherPhoenix Fire” following the 6th race, on February 9, 2020, at Sunland Park Race Track. The original lab report indicated a finding of Clenbuterol at 21 pg/ml in the urine, (15.2.6.9 Attachment 2).

15.2.6.9(C)(4) There is no permissible concentration of Clenbuterol or Albuterol that is allowed to appear in any official sample. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to the trainer, and confirmed by Ohio Dept. Agriculture.

Filiberto T. Quiroz is the owner of record for horse “Phoenix Fire”

Agrivating Circumstances: Clenbuterol is a Controlled Substance in New Mexico.

This is Filiberto T. Quiroz’s First 3-B medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(2). The Board of Stewards assessed a penalty as follows:

    1. A ($1000.00) One Thousand dollar fine to paid on or before June 5, 2020, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
    2. A 60 day suspension of all NMRC licenses starting from summary suspension Febuary 21, 2020, through April 21, 2020, inclusive.
3. The horse “Phoenix Fire”, is hereby disqualified from 6th Place and ordered unplaced from the 6th race on February 9, 2020, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
          1. Flash of Humor
          2. Flat Fast
          3. Affluent Gentleman
          4. Knox Court
          5. Lover Boy Bob
Unplaced “Phoenix Fire” 4. The horse “Phoenix Fire” must pass a commission-approved examination before being eligible to run.

During said time of applicable suspension Filiberto T. Quiroz. 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 Filiberto T. Quiroz. 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 Filiberto T. Quiroz must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances .

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations. 15.2.5.13 E (4) (d) Disqualification and purse distribution. 15.2.6.9(C)(4) There is no permissible concentration of Clenbuterol or Albuterol that is allowed to appear in any official sample.

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 date for appeal: May 15, 2020

Name: JUAN M ESQUIVEL Ruling Date: 8/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-149 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/9/2019 Suspension End: 1/17/2020
Ruling Text: Owner/Trainer, Juan Esquvel is hereby summarily suspended, per 15.2.1.9 (B)(3)(b) Summary Suspension effective immediately, August 9, 2019, pending the outcome of his hearing on August 17, 2019, @ 10:00 a.m the offices of the Board of Stewards at Ruidoso Downs Racetrack (26225 US-70, Ruidoso NM 88346). The summary suspension was in regard to the confirmed positive of the Class 2 Penalty A substance “Zilpaterol” in test sample E329366 taken from “Shoshone Moon (2nd place finisher) in the 8th race on July19, 2019 at Ruidoso Downs.

In accordance with 15.2.1.9 (C)(21), Juan Esquivel 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 Juan Esquivel 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 Juan Esquivel 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 ClassificationofForeign Substances-Version14.0 January2019 15.2.6.9(C)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions 15.2.6.9(A)(1)(2) MEDICATIONS AND PROHIBITED SUBSTANCES Penalties 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. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8(U)(2) Protection of horses No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care. 16.47.1.10(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 The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.6.9(B)(1)Penalty Recommendations /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: JUAN M ESQUIVEL Ruling Date: 1/17/2020
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-149-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/9/2019 Suspension End: 1/17/2020
Ruling Text: RE: 2019-RUI-149 - Ruling Final Outcome Trainer: Juan M. Esquivel Currently under summary suspension since August 9, 2019, was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on January 12, 2020, for a hearing that was continued at the request of Daniel Marquez from January 11, 2020. The hearing was in regard to an affidavit from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the class 3 penalty A drug Zilpaterol detected in the urine of horse “Shoshone Moon”(Test Sample #: E329366), who finished in 2nd place in the 8th race on July 19,2019, at Ruidoso Downs Racetrack in Ruidoso, NM.

Zane Bobbitt., the owner of the horse “Shoshone Moon”, was duly notified and appeared for her hearing on January 11, 2020.

The Board of Stewards hereby dismisses this case due to : No Summary Suspension hearing was held within 10 days of notification per 15.2.1.9 (B)(3) NMAC. The trainer’s license of Juan M. Esquivel is reinstated effected 1/17/2020. 15.2.1.9 NMAC DUE PROCESS AND DISCIPLINARY ACTION: A. Purpose of chapter: This chapter contains the rules of procedure for stewards' hearings and commission proceedings. B. Proceedings before the stewards: (1) Rights of the licensee. A person who is the subject of the disciplinary hearing conducted by the stewards is entitled to: proper notice of all charges; confront the evidence presented including: the right to counsel at the person's expense; the right to examine all evidence to be presented against them; the right to present a defense; the right to call witnesses; the right to cross examine witnesses; and waive any of the above rights. (3) 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. Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3) 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: DUANE M SALVINO Ruling Date: 7/27/2019
Jurisdiction: North Dakota Racing Commission Facility: North Dakota Horse Park
Ruling Number: 2019-NDHP-1 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Mixed Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 7/29/2019 Suspension End: 5/25/2020
Ruling Text: k
Name: MARCUS JON VITALI Ruling Date: 7/22/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 49-2019 DEL Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 7/22/2019 Suspension End: 7/20/2020
Ruling Text: July 22, 2019 Delaware Park Stewards Ruling

(49-2019)

Owner/Trainer Marcus Vitali, DOB: 08/07/1960, RCI ID: 2103698, having participated in a telephonic hearing with the Delaware Park Board of Stewards on July 12, 2019, is hereby suspended for three hundred and sixty five (365) days, and fined the sum of twenty five hundred dollars ($2500), for interfering with and impeding an investigation being performed by the DTRC investigator along with Delaware Park Security staff.

During the term of his suspension, Mr. Vitali is denied access to all facilities under the jurisdiction of the DTRC. Further, any and all horses owned and/or trained by Marcus Vitali are denied entry pending sale or transfer to a party approved by the Board of Stewards. Refer to DRTC Rules 2.5.1, 2.5.1.18, 3.4.1.1, 18.1.1, 18.1.3, 18.3.1, 19.1. Fines must be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: MARCUS JON VITALI Ruling Date: 7/31/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 49-2019 DEL-ASD Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 7/22/2019 Suspension End: 7/20/2020
Ruling Text: RE: 49-2019 DEL - Appeal Stay Denied
Name: MARCUS JON VITALI Ruling Date: 11/20/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 49-2019 DEL-AFF Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 7/22/2019 Suspension End: 7/20/2020
Ruling Text: RE: 49-2019 DEL - Penalty Affirmed IN THE MATTER OF MARCUS VITALI 49-2019 DECISION ON APPEAL OF STEWARDS' RULING NATURE OF THE PROCEEDINGS

This appeal is before the Delaware Thoroughbred Racing Commission (the "DTRC") pursuant to the provisions of DTRC Rule 19. Trainer Marcus Vitali was found in Stewards' Ruling 49-2019 to have violated DTRC Rules 2.5.1.18 for interfering with and impeding an investigation being performed by the DTRC investigator and Delaware Park security staff. The Stewards imposed a $2,500 fine and suspended Mr. Vitali's license for 365 days. Mr. Vitali filed a timely appeal of the ruling. Mr. Vitali participated in a hearing before the DTRC on September 4, 2019 and was represented by legal counsel Alan Pincus of the Pennsylvania bar having been admitted pro hac vice by the Delaware Supreme Court for this matter. The DTRC was represented by Deputy Attorney General Andrew G. Kerber and the Stewards were represented by Deputy Attorney General Oliver Cleary.

FINDINGS OF FACT 1) Mr. Vitali is licensed as a trainer by the DTRC. 2) Ms. Brucie Garrett testified that while she was employed as a hot walker by Mr. Vitali, Mr. Vitali required her to store unmarked vials of a clear liquid in her refrigerator. 3) On May 21, 2019, Ms. Garrett allowed Delaware Park security personnel Mikaela Lee and Dan Panaro entry to her room to tum over the unmarked vials of a clear liquid in her refrigerator. 4) In the presence of Delaware Park security personnel Ms. Lee and Mr. Panaro, Mr. Vitali entered Ms. Garrett's room and rapidly took an item from the refrigerator and left the room. 5) Mr. Vitali admits taking the item from the refrigerator in the presence of Delaware Park security personnel and states that the item was marijuana owned by an employee of Mr. Vitali. 6) Mr. Vitali admits disposing of the item in the trash shortly after he took the item. 7) Mr. Vitali states that his reason for taking the marijuana was to prevent his employee from getting into trouble. 8) Delaware Park security was not able to recover the item taken by Mr. Vitali. 9) By taking evidence that was about to be seized by investigators, Mr. Vitali interfered with and impeded an investigation being performed by the DTRC investigator and Delaware Park security staff.

CONCLUSIONS OF LAW 1) DTRC Rule 2.5.1.18 provides as follows: 2.5 Grounds for Refusal, Suspension, or Revocation of a Permit, etc.: 2.5.1 The Commission in its discretion, may refuse to register or to issue an authorization or permit to an applicant, or may suspend or revoke a registration, permit, or authorization previously issued, or order disciplinary measures, on the following grounds: 2.5.1.18 Violation of any rule of the Commission, or aiding or abetting any person in the violation of any such rule; 2) Mr. Vitali's admitted act of taking an item about to be seized by investigators as evidence in an investigation of possible violations of DTRC Rules is a violation of DTRC Rule 2.5.1.18 subject to discipline by the Board of Stewards.

ORDER Having considered the evidence presented it is the decision of the DTRC (by vote of 4-0) that Stewards' Ruling 49-2019 is affirmed. Mr. Vitali admits that, on May 21, 2019, he took an item from a refrigerator located on DTRC licensed ground to prevent the item being taken as evidence of a rule violation by the DTRC investigator and Delaware Park security staff. Mr. Vitali disputes that the item was a prohibited substance that could have been administered to horses under his training and instead asserts that the item was marijuana that was the property of one of his employees. The DTRC finds that regardless of whether the item that Mr. Vitali took from the refrigerator on May 21, 2019 was marijuana or a prohibited substance that could have been administered to horses, the Stewards decision that Mr. Vitali violated DTRC Rule 2.5.1.18 for interfering with and impeding an investigation and the $2,500 fine and 365 day suspension is affirmed and the appeal is denied. SO ORDERED this 20th day of November, 2019. BY ORDER OF THE DELAWARE THOROUGHBRED RACING COMMISSION

Name: PAUL RAMIREZ Ruling Date: 7/14/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-122 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/14/2019 Suspension End:
Ruling Text: Per 16.47.1.10(D)(1) Trainers: Assistant Trainers, Assistant Trainer Paul Ramirez (assistant for Trainer, Bobby Martinez), is hereby summarily suspended, effective immediately, July 13, 2019, pending the outcome of his hearing on July 21, 2019, @ 9:00 a.m in the offices 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 detection of the Class 1 Penalty A substance (15.2.6.9(A)(4)MEDICATIONS AND PROHIBITED SUBSTANCES Penalties), Ostarine, found in test samples #E329203 and#E329220. Test sample #E329203 was taken from the 1st place finisher, “FM DYNASTY ROCK ”, following the 10th race on July 5, 2019, at Ruidoso Downs Racetrack. Test sample #E329220, was taken from the 1st place finisher, “FM EASE ROCK ”, following the 4th race on July 6, 2019, at Ruidoso Downs Racetrack.

In accordance with 15.2.1.9 (C)(21), Paul Ramirez 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 Paul Ramirez 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 Paul Ramirez 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: 16.47.1.10(D)(1) Trainers: Assistant Trainers A trainer may employ an assistant trainer, who shall be equally responsible with the employing trainer for the condition of the horses in their care. The name of the assistant trainer shall be shown on the official program along with that of the employing trainer. 15.2.6.9(C)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions/ 15.2.6.9(A)(4)MEDICATIONS AND PROHIBITED SUBSTANCES Penalties Any drug or metabolite thereof found to be presenting a pre- or post-race sample which is not classified in the association of racing commissioners international uniform classification guidelines for foreign substances shall be assumed to be an association of racing commissioners international class 1 drug and the trainer and owner shall be subject to those penalties as set forth in penalty category A unless satisfactorily demonstrated otherwise by the racing medication and testing consortium, with a penalty category assigned. 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. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. /16.47.1.8(U)(2) Protection of horses No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care./16.47.1.10(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 The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule./15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.6.9(B)(1)Penalty Recommendations /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: PAUL RAMIREZ Ruling Date: 7/28/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-122-CC Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/14/2019 Suspension End:
Ruling Text: Assistant Trainer Paul Ramirez (assistant for Trainer, Bobby Martinez) (currently under summary suspension) was duly notified and appeared for a summary suspension hearing before the Board of Stewards on July 21, 2019. The summary suspension hearing was in regard to the detection of the Class 1 Penalty A substance (15.2.6.9(A)(4)MEDICATIONS AND PROHIBITED SUBSTANCES Penalties), Ostarine, found in test samples #E329203 and#E329220. Test sample #E329203 was taken from the 1st place finisher, “FM DYNASTY ROCK ”, following the 10th race on July 5, 2019, at Ruidoso Downs Racetrack. Test sample #E329220, was taken from the 1st place finisher, “FM EASE ROCK ”, following the 4th race on July 6, 2019, at Ruidoso Downs Racetrack.

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

In accordance with 15.2.1.9 (C)(21), Paul Ramirez 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 Paul Ramirez 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 Paul Ramirez 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: 15.2.6.9(C)(8)(a)(9)(10)(a)(b)(c)(d)Medication Restrictions/ 15.2.6.9(A)(4)MEDICATIONS AND PROHIBITED SUBSTANCES Penalties Any drug or metabolite thereof found to be presenting a pre- or post-race sample which is not classified in the association of racing commissioners international uniform classification guidelines for foreign substances shall be assumed to be an association of racing commissioners international class 1 drug and the trainer and owner shall be subject to those penalties as set forth in penalty category A unless satisfactorily demonstrated otherwise by the racing medication and testing consortium, with a penalty category assigned. 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. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. 16.47.1.8(U)(2) Protection of horses No licensee or other person under the jurisdiction of the commission shall subject or permit any animal under their control, custody or supervision to be subjected to or to incur any form of cruelty, mistreatment, neglect or abuse or abandon, injure, maim or kill or administer any noxious substance to or deprive any animal of necessary care or sustenance, shelter or veterinary care. 16.47.1.10(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 The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting; interfering with the orderly conduct of a race meeting shall include, but is not limited to, disruptive or intemperate behavior or behavior which exposes others to danger anywhere on the racetrack grounds; the fact that the race meet was not actually interrupted is not a defense to the imposition of discipline under this rule. 15.2.1.9(B)(3)(b) Proceedings Before The Stewards: Summary Suspension A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the 10th day after the license was summarily suspended. The licensee may waive their right to a hearing on the summary suspension within the 10-day limit 15.2.6.9(B)(1)Penalty Recommendations /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: FERNANDO CARRETE Ruling Date: 5/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-24 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/17/2019 Suspension End: 5/22/2019
Ruling Text: Owner Fernando Carrete is hereby suspended, effective immediately May 17, 2019, for failing to pay the fine ($25) assessed in Ruling 2019-SUN-166.

During said time of applicable suspension Fernando 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 by or under the care and custody of Fernando 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 owned by or under the care and custody of Fernando Carrete must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

Name: LUIS NEGRON Ruling Date: 4/27/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-250 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Luis Negron was summoned and appeared before the Board of Stewards on April 26, 2019. The hearing was in regard to Luis Negron’s excessive use of the whip on his mount “McAway” during the running of the 5th race on April 23, 2019, at Sunland Park Racetrack.

The Board of Stewards hereby fines Luis Negron in the amount of five hundred dollars ($500.00). The fine is to be paid on or before May 26, 2019, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed shall result in immediate suspension.

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

15.2.5.13(E)(6)(e) Use of riding crops. Indiscriminate use of the whip is prohibited including whipping a horse: on the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse; during the post parade or after the finish of the race except when necessary to control the horse; excessively or brutally causing welts or breaks in the skin; when the horse is clearly out of the race or has obtained its maximum placing; persistently even though the horse is showing no response under the riding crop; or striking another rider or horse. 15.2.1.9(B)(4)(A)Jockeys Notice of Hearing 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority/ 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/

Name: LUIS ALBERTO GUERRERO Ruling Date: 11/15/2018
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2018-PRM-98 Ruling Type: Failure to Pay Fine or Fees
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/15/2018 Suspension End: 5/15/2020
Ruling Text:
Jockey Luis Guerrero was fined three hundred dollars ($300.00) on September 29, 2018, ruling 46004, for failing to honor his riding engagements in the second and sixth races on September 8 and the seventh race on September 9, 2018.  Guerrero has not paid his fine as required in 491 IAC 4.7(1).  Therefore, Luis Guerrero is hereby suspended pending payment of the above mentioned fine.
 
You are barred from working at any pari-mutuel racetrack or gaming facility licensed to operate in the State of Iowa.  The suspension may be re-evaluated when you pay the administrative penalty imposed in ruling number 46004.  
Name: LUIS ALBERTO GUERRERO Ruling Date: 9/30/2018
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2018-PRM-85 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Quarter Horse Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
The Board scheduled a hearing for Jockey Luis Guerrero on September 26, 2018, to determine if Jockey Luis Guerrero was in violation of 491 IAC 10.5(2) “l” Failure to Honor Riding Engagements. Jockey Guerrero was scheduled to ride in the second and sixth races on September 8, and the seventh race on September 9, 2018 and failed honor his riding engagements.  Also, Jockey Guerrero failed to notify the Board of Stewards prior to taking off his above mentioned mounts.  Jockey Guerrero participated in his hearing via telephone.  Guerrero’s agent, Jolene Guy appeared in person.
 
Jockey Guerrero stated he tried to contact the Stewards but could not reach anyone.   
 
Agent Guy stated she was not informed by Guerrero that he was leaving to ride at another race track at the time she entered horses for Guerrero in the second and sixth races on September 8 and the seventh race on September 9, 2018.  Guy stated she did not know Guerrero was leaving town until she heard it from other jockeys.  
 
 The Board of Stewards finds Jockey Luis Guerrero failed to honor his riding engagements in the second and sixth races on September 8 and the seventh race on September 9, 2018, in violation of 491 IAC 10.5(2)”l.”  Therefore, Jockey Luis Guerrero is hereby fined three hundred dollars ($300.00) ($100.00 per horse).  
Name: EUGENE FRANCO METHOLA Ruling Date: 2/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-107 Ruling Type: Financial Obligation/Restoration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/20/2018 Suspension End: 7/7/2018
Ruling Text: Trainer Eugene Methola was duly notified and responded telephonically before the Board of Stewards on February 20, 2018, at Sunland Park Racetrack. The hearing was in regard to a financial obligation to Ruidoso Select Yearling Sales in the amount of $8,490.91.

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

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

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

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

Name: EUGENE FRANCO METHOLA Ruling Date: 7/7/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-107-REST Ruling Type: Financial Obligation/Restoration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/20/2018 Suspension End: 7/7/2018
Ruling Text: RE: 2018-SUN-107 - Restored to Good Standing Trainer Eugene Methola is hereby restored to good staning on July 6, 2018, after fulfilling his financial obligation to Ruidoso Select Yearling Sales in the amount of $8,490.91.
Name: CYNTHIA G GONZALEZ Ruling Date: 8/11/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-60 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Cynthia G. Gonzalez, having been duly notified and having waived her right to a 10 day notice and formal hearing before the Board Of Stewards on Aug. 11, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Flunixin (class 4 penalty category C drug) found in test sample NM 27466 taken from the horse “The Downsize” following the 6th race, on July 29, 2017 at The Downs at Albuquerque. The original lab report indicated a finding of Flunixin at 50.4 ng/ml in the blood, which exceeds the allowable limit of 20.0 ng/ml in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Cynthia G. Gonzalez. Licensee is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".

For this FIRST Class 4C-Minor medication violation issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Cynthia G. Gonzalez a penalty as follows:

    1. A ($500.00) FIVE hundred dollar fine to be paid on or before Sep. 11, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.

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

Name: JOSE E MERAZ Ruling Date: 4/24/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-5 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/24/2017 Suspension End: 5/23/2017
Ruling Text: Trainer Jose E. Meraz., having been duly notified, and appeared by telephone before the Board of Stewards on April 23, 2017, regarding a confirmed positive test for the Class III drug “Clenbuterol”, in sample NM 23690, after it was collected from the horse “Perrys Stamina” which finished 1st in the 7th race, Jan. 27,2017, at Sunland Park Race Track; (The original lab report indicated a finding of Clenbuterol in the urine at 474 pg/ml. Split sample rights, as provided in 15.2.6.10(D) NMAC were offered and confirmed by Industrial Laboratories at 474 pg/ml).

Licensee is found in violation of :

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

For this FIRST - Class 3B medication violation the Board of Stewards assessed Jose E. Meraz a penalty as follows.

      1. A 30 day suspension of all NMRC licenses starting April 24, 2017, through May 23, 2017, inclusive. Jose E. Meraz waived his appeal rights in order to start his suspension immediately.
      2. Seven hundred and fifty ($750.00) dollar fine to paid on or before May 23, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.
      3. Pursuant to rules 15.2.6.9(C)(5)(c), 15.2.6.9 (C)(6), and 15.2.6.9(C)(7), the horse “Perrys Stamina” is placed on the Stewards list for a minimum period of 60 days (beginning Feb 7,2017). During this period, the papers are to be removed from the racing office and horse is denied entry until it passes a commission approved veterinary examination with a negative blood and urine test.
      4. The horse “Perrys Stamina” is hereby disqualified from FIRST PLACE and ordered unplaced from the 7th race on Jan. 27, 2017 at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                  1. Jm Mr Evan
                  2. See Yacht Sea Jump
                  3. Apollitical Sign
                  4. Smarties
                  5. Adashinrose
                  6. Bos Big Shamoon
                  7. Gone Hitting
                  8. The Ocean King
Unplaced “Perrys StaminaThis ruling is written in accordance with 15.2.6.11(A) NMAC: Trainer Responsibility and 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.3.8(B)(3)(k) NMAC: Which states in pertinent part that “Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.”

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

Name: JOSE E MERAZ Ruling Date: 5/27/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2017-SRP-5-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/24/2017 Suspension End: 5/23/2017
Ruling Text: RE: 2017-SRP-5 - Modified Ruling Ruling was done in error The wrong Applicant ID was used.
Name: FERNANDO CARRETE Ruling Date: 12/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-316 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 12/29/2016 Suspension End: 3/29/2017
Ruling Text: Trainer Fernando Carrete having been duly notified waived his right to a formal hearing before the Board of Stewards on December 18, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Rarin”( Test Sample #: NM21403), who finished first place in the 10th race on November 6, 2016, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Fernando Carrete.

Edilberto Estrada is the owner of record for the horse “Rarin”. This is Mr. Estrad’s SECOND Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (L)NMAC,

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

1. A 90 day suspension of all NMRC licenses starting December 29, 2016, through March 29, 2017, inclusive. 2. ($2,000) two thousand dollar fine to paid on or before January 17, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension. 3. Pursuant to rules 15.2.6.9(C)(5)(c), 15.2.6.9 (C)(6), and 15.2.6.9(C)(7),the horse “Rarin” is placed on the Stewards list for a period of 60 days (beginning November 20, 2016). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test prior to entry. 4. The horse “Rarin” is hereby disqualified from FIRST PACE and ordered unplaced from the 10th race on November 6, 2016, at Zia Park Racetrack in Hobbs, NM, for all but pari-mutuel wagering. The purse redistribution is as follows.

        1. Miracle Fish
        2. Eyes On Brimmerton
        3. Ugo Igo
        4. Shezarealfast
        5. Ghost Wagon
        6. Korina
        7. Gros Wreck
        8. Immahotdude
        9. Latest Theory
Unplaced “RarinDuring said time of applicable suspension, Fernando Carrete is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) 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 Fernando Carrete are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Fernando Carrete is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: Prima Facie Evidence ; 15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.9. B. Penalty recommendations: Trainer Second Lifetime offense (365-day period) in any jurisdiction: A minimum 30-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 180-day suspension. A minimum $1,000 absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum fine of $2,500. Owner Second Lifetime offense (365-day period) in any jurisdiction: Disqualification, loss of purse (in the absence of mitigating circumstances)* and horse must pass a commission-approved examination before becoming eligible to be entered.

This ruling is written in accordance with:15.2.6.11(A) NMAC: Trainer Responsibility; 16.47.1.10(B)(1) NMAC: Absolute Insurer 15.2.3.8(B)(3)(k) NMAC: Stewards Authority; 15.2.5.13(E)(4)(d) NMAC: Stewards Authority; 15.2.3.8 B (3)(f) Stewards Disciplinary Action; 15.2.3.8 B (1) (d) Stewards General Authority; 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required; 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: FERNANDO CARRETE Ruling Date: 12/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-321 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 Fernando Carrete having been duly notified and waived his rights to a 10 day notice and a formal hearing, before the Board of Stewards, on December 20, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMRC). The report confirmed an overage for the therapeutic (class 4 penalty C) drug Methylprednisolone found in sample # NM21685 taken from the horse “Bringin The Gray”, who finished 2nd place in the 8th race on November 26, 2016 at Zia Park Racetrack in Hobbs, NM. The concentration of Methylprednisolone was 227 pg/ml in the blood, which exceeds the authorized medication limit of 100 pg/ml in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Fernando Carrete.

Ediberto Estrada is the owner of record for horse “Bringin The Gray”. Pursuant to rules 15.2.6.9 C, this is Mr. Estrada’s FIRST Class 4 Category C major medication in a 365 day period.

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

    1. A fine in the amount of one thousand dollars ($ 1,000.00). This fine is to paid on or before January 19, 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“Bringin The Gray” must pass a commission-approved examination before being eligible to run.

Fernando Carrete is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: Prima Facie Evidence 15.2.6.9 C. (3)PENALTY RECOMMENDATIONS: TRAINER 1ST offense in 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; 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: RENE PERALES Ruling Date: 4/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-273 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: Licensee, Rene Perales, having been duly notified, appeared before the Board of Stewards on April 16, 2016, for failure to disclose prior arrests on licensing application.

Rene Perales is found to be in violation of:

16.47.1.8 (L)(1)NMAC: 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

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

A suspension of any/all New Mexico Racing Commission licenses, effective April 17, 2016, and Rene Perales is referred to the New Mexico Racing Commission for any future licensing in New Mexico.

During said time of suspension Rene Perales is denied access to all grounds under the jurisdiction of the New Mexico Racing Commission in accordance with 15.2.1.9(C)(21)(a) NMAC. Additionally, during the applicable term of this suspension, all horses owned, or under the care of Rene Perales are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

Name: CYNTHIA G GONZALEZ Ruling Date: 3/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-170 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 3/29/2016 Suspension End: 6/27/2016
Ruling Text:
Trainer Cynthia Gonzalez, having been summoned and appeared before the Board of Stewards on March 18, 2016, for falsification of works on February 12, 2016, for horses First Noted and BrooksBad Boy and for failure to follow protocol for substitute training (having unapproved horses from another trainer in her stalls at Sunland Park).

Trainer Cynthia Gonzalez has been found in violation of

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

15.2.5.11 B. IDENTIFICATION: (1) Each horse must be properly identified prior to its participation in an official timed workout

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

16.47.1.10 E. SUBSTITUTE TRAINERS:(1) If any licensed trainer is prevented from performing his duties or is absent from the track where he is participating, the stewards shall be immediately notified, and at the same time, a substitute trainer or assistant trainer, acceptable to the stewards, shall be appointed. The stewards shall be advised when the regular trainer resumes his duties (2) A substitute trainer must accept responsibility for the horses in writing and be approved by the stewards. (3) A substitute trainer and the absent trainer shall be jointly responsible as absolute insurers of the condition of their horses entered in an official workout or race pursuant to Subsection B, Paragraphs (1), (2) and (3) of 16.47.1.10 NMAC.

For this violation, the Board of Stewards assessed Cynthia Gonzalez:

      1. fine in the amount of two thousand five hundred dollars ($2,500).
      2. A suspension of 90 days to begin March 29, 2016 through June 27, 2016 inclusive
The fine is to be paid on or before April 18, 2016 or before reinstatement of license, 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. During said time of applicable suspension, Cynthia Gonzalez 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 Cynthia Gonzalez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

Name: DOMINICK ARTECA Ruling Date: 6/21/2013
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD13-071 Ruling Type: Unknown
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: 6/21/2013 Suspension End: 5/16/2020
Ruling Text: FAILED TO COMPLETE LICENSING PROCESS/FINED $100/LICENSE SUSPENDED
Name: DOMINICK ARTECA Ruling Date: 6/21/2013
Jurisdiction: Washington Racing Commission Facility: Emerald Downs
Ruling Number: EMD13-072 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/21/2013 Suspension End: 5/16/2020
Ruling Text: FAILED TO APPEAR FOR FINANCIAL COMPLAINT/SUSPENDED



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