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. >6/11/2019<

164 Total Rulings compiled at: 6/16/2019 8:45:30 PM G.M.T.

Name: WILLIAM N MARTIN Ruling Date: 6/16/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19028 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer William Martin is hereby assessed a civil penalty of $100 for failing to have Serengeti present on the grounds for pre-race inspection at the designated time necessitating a scratch from the 7th Race on June 8 at Canterbury Park. 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority. 7876.0110 (Off-Track Stabling) Subp. 3. --Horse must be at racetrack for race day inspection. 7897.0130 (Schedule of Fines) Subp. 6. --Timetable for paying fines.
Name: CHRISTIAN RUBEN ESQUEDA Ruling Date: 6/16/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19035 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Cristian Esqueda is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount "Little Bit of Hero" more than three consecutive times without pausing during the stretch run of the Second Race at Canterbury Park on June 15, 2019 (1st whip rule violation during the 2019 Canterbury Park meet). Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority 7883.0160 (Post to Finish) Subp. 6a.C. -- Use of riding crop 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: EUGENIO ALBERTO NAVARRETE Ruling Date: 6/16/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19036 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Eugenio Navarrete, Jr. is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount "Cy Suebiscuit Finale" more than three consecutive times without pausing during the stretch run of the Fourth Race at Canterbury Park on June 15, 2019 (1st whip rule violation during the 2019 Canterbury Park meet). Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority 7883.0160 (Post to Finish) Subp. 6a.C. -- Use of riding crop 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: John Brandon Scott Campbell Ruling Date: 6/16/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-31 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule 456(j) Cross over too quickly causing Placings
Name: John Brandon Scott Campbell Ruling Date: 6/16/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-31-FO Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-31 - Ruling Final Outcome
Name: WILFREDO A. VEGA Ruling Date: 6/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON12 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Stable Employee Wilfredo Vega is hereby fined the sum of one hundred ($100.00) dollars for falsification of his 2019 license.

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

Name: HARRY HERNANDEZ Ruling Date: 6/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON13 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Harry Hernandez is hereby fined the sum of fifty ($50.00) dollars for parking in a restricted area on Saturday, May 25, 2019.

Violation of Rule N.J.A.C. 13:70-1.15

Name: RODOLFO RODRIGUEZ Ruling Date: 6/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON14 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Agent Rodolfo Rodriguez, Jr. is hereby fined the sum of fifty ($50.00) dollars for parking in a restricted area on Saturday, May 25, 2019.

Violation of Rule N.J.A.C. 13:70-1.15

Name: RAYMOND RHYMER Ruling Date: 6/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON15 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Raymond Rhymer, Jr. is hereby fined the sum of two hundred ($200.00) dollars for falsification of his 2019 license.

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

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

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

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

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

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

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

Name: ANGEL S ARROYO Ruling Date: 6/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON17 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Angel Arroyo is hereby fined one hundred ($100.00) dollars for failing to fulfill his riding engagement on Sunday, June 9, 2019 in the 3rd race necessitating a late rider change.

Violation of NJAC Rule 13:70-9.14 "REPORTING TO THE JOCKEY ROOM"- Every jockey who is engaged to ride in a race shall report to the jockey room at the time required by the Clerk of Scales. He or she shall then report any over- weight to the Clerk of Scales and thereafter shall not leave the jockey room until all his or her engagements have been fulfilled, except with the permission of the Stewards.

Name: CHAD C. BROWN Ruling Date: 6/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON18 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Chad Brown is hereby fined one hundred ($100.00) dollars for violation of the fire code regulations.

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

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

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

Name: ROBERT M DELUCA Ruling Date: 6/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON20 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Robert M. DeLuca is hereby fined the sum of two hundred ($200.00) dollars for falsification of his 2019 license.

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

Name: Christopher George Currie Ruling Date: 6/14/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-30 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Restored to good standing
Name: Christopher George Currie Ruling Date: 6/15/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-30-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-30 - Ruling Final Outcome
Name: MICHAEL EDWARD LANDERS Ruling Date: 6/15/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-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: Mike Landers was suspended on May 17, 2019, ruling 46027. Having provided proper documentation regarding his financial obligations Mike Landers is hereby restored to good standings.
Name: JASON D SEYMOUR Ruling Date: 6/15/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-150 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Urine sample #854760 collected at Northfield Park on 5/14/19 from the horse JD`s Macca Lodge was found to contain  Trichlormethiazide (TCMZ), Hydroclorothizide (HCTZ), and Chloraminophenamide (CAP). HCTV and CAP are metabolites of TCMZ. All purse money must be returned for redistribution ($2,900.00). O.S.R.C.-3769-18-01(A)(2)  18-01(B)(1), (10),(13),(15),(16)&(17) 18-02  18-99
Name: DONNIE J MECHE Ruling Date: 6/15/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19034 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Donnie Meche is hereby assessed a civil penalty of Three Hundred Dollars ($300) for prohibited use of the riding crop while striking his mount "Blue Jeans N Beer" more than three consecutive times without pausing during the stretch run of the Ninth Race at Canterbury Park on June 14, 2019 (2nd whip rule violation during the 2019 Canterbury Park meet). Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority 7883.0160 (Post to Finish) Subp. 6a.C. -- Use of riding crop 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: Timothy Allen Maier Ruling Date: 6/15/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19009 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Tim Maier who drove #6 FOX VALLEY NEMITZ finishing first in the fourth race on June 8, 2019 is hereby fined the sum of one hundred ($100.00) dollars for violation of the MRC Rule 7879.0260 Subpart 2 (T) 1 - Whipping first offense MRC Rule 7879.0260 Subpart (T) 1 - Whipping MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges Authority
Name: JAMES EVERETT HELZER Ruling Date: 6/14/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-15 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having waived his right to present evidence and testimony to the Board of Stewards, Owner/Trainer James Helzer is hereby fined $200.00 for smoking in Barn E-4. This is Mr. Helzer’s first offense.

Name: Ry Patrick Eikleberry Ruling Date: 6/14/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19033 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Ry Eikleberry is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount "Wildscore" more than three consecutive times without pausing during the stretch run of the Ninth Race at Canterbury Park on June 9, 2019 (1st whip rule violation during the 2019 Canterbury Park meet). Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority 7883.0160 (Post to Finish) Subp. 6a.C. -- Use of riding crop 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: Froylan Tellez-Ramirez Ruling Date: 6/13/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19023 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Froylan Ramirez is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount "Hey Seis" more than three consecutive times without pausing during the stretch run of the Second Race (Gopher State Derby) at Canterbury Park on June 8, 2019 (1st whip rule violation during the 2019 Canterbury Park meet). Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority 7883.0160 (Post to Finish) Subp. 6a.C. -- Use of riding crop 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: JULIAN SERRANO Ruling Date: 6/13/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19024 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Julian Serrano is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount "The Bald Eagle" more than three consecutive times without pausing during the stretch run of the Second Race (Gopher State Derby) at Canterbury Park on June 8, 2019 (1st whip rule violation during the 2019 Canterbury Park meet). Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority 7883.0160 (Post to Finish) Subp. 6a.C. -- Use of riding crop 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: GONZALO GUTIERREZ-GALVANIZ Ruling Date: 6/13/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19025 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Gonzalo Gutierrez is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount "Sunlight Seven" past the finish line of the Second Race (Gopher State Derby) at Canterbury Park on June 8, 2019. Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority 7883.0160 (Post to Finish) Subp. 6a.D.6. -- Use of riding crop 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: ORLANDO MOJICA Ruling Date: 6/13/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19026 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/15/2019 Suspension End: 6/20/2019
Ruling Text: Jockey Orlando Mojica is suspended three racing days, Saturday, June 15, 2019, Sunday, June 16, 2019 and Thursday, June 20, 2019 for lacking running room behind #7 Deflater while riding #1 Kata Copy, then angling in front of #6 Kenai Bob without being clear in the Seventh Race on June 8, 2019. Kata Copy was disquaified from third and placed fifth. During his period of suspension, Mojica is permitted to ride in designated stakes races but then must serve a replacement day of suspension. Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.B.C. -- General authority. 7883.0160 (Post to Finish) Subp. 6.A.D -- Interference and willful fouling.
Name: JOHN QUINCY HAMILTON Ruling Date: 6/13/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19027 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Following a report from the Commission Veterinarian in the test barn of a bleeding welt, Jockey Quincy Hamilton is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop on his mount, "Delfina", during the running of the Fifth (5th) Race at Canterbury Park on June 9, 2019. Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority 7883.0160 (Post to Finish) Subp. 6a.D.(3). -- Use of riding crop 7897.0130 (Schedule of Fines) Subp. 6. Timetable for paying fines (within 72 hours of ruling date)
Name: RANDAL WEIDNER Ruling Date: 6/13/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19029 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Randall Weidner is hereby assessed a civil penalty of $100 for failing to have foal papers on file for Corazon de Cartel necessitating a scratch from the 1st Race on June 9 at Canterbury Park. 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority. 7883.0100 (Entries and Subscriptions) Subp. 2.8. -- Horse must be registered and eligible. 7897.0130 (Schedule of Fines) Subp. 6. --Timetable for paying fines.
Name: RYAN D KENNEY Ruling Date: 6/13/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19030 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Ryan Kenney is hereby issued a formal written warning in regard to two medication violations involving Brazilian and Kiss of Dahpespe after both had timed workouts before the Commission Veterinarian on May 21, 2019 at Canterbury Park. Certificates of analysis dated June 5, 2019 were received from Industrial Laboratories reporting that Sample No. E255099 taken from Kiss of Dahpespe for post-workout analysis contained Ranitidine at a concentration of 147ng/ml (MU=6ng/ml) and Sample No. E255100 taken from Brazilian for post-workout analysis contained Ranitidine at a concentration of 187ng/ml (MU=6ng/ml). Both results were from testing of serum samples. Minnesota Rule 7869.0200 (Incorporation by Reference) Subp. 2.C. -Association of Racing Commissioners International (ARCI) incorporates the ARCI Uniform Classification Guidelines for Foreign Substances and Recommended Penalties. Ranitidine is categorized as a Class D drug with issuance of a written warning as a penalty guideline.The Board of Stewards also took cognizance of the fact that Trainer Kenney showed no previous horse medication violations in his ARCI records dating back to 2008. Minnesota Racing Commission Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A. -- General authority. 7869.0200 (Incorporation by Reference) Subp. 2.C. - Association of Racing Commissioners International. 7877.0170 (Duties and Responsibilities of Class C Licensees) Subp. 2.C(3) and (4) - Trainers. 7883.0100 (Entries and Subscriptions) Subp. 16.D.E. - Workout requirements.
Name: CRISTINA MARQUEZ RINCON Ruling Date: 6/13/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-16 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Groom/Hot Walker Cristina Rincon was trespassed by Prairie Meadows Security on June 12, 2019 for fighting. Therefore, Cristina Rincon IRGC license is hereby rescinded as she is unable to work in that capacity.
Name: ROBERTO DUENES Ruling Date: 6/13/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 19-REM-054A Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: ON 6/5/2019, THIS MATTER COMES BEFORE THE RP BOARD OF STEWARDS ON THE SHOW CAUSE HEARING HELD PURSUANT TO THE ORDER OF THE BOARD SUMMARILY SUSPENDING THE OCCUPATIONAL LICENSE OF OWNER/TRAINER ROBERTO DUENES. FOLLOWING RECEIPT OF A FINAL REPORT REFLECTING A POSITIVE TEST RESULT TAKEN FROM THE HORSE, "MOJOSIE WALES" FOLLOWING THE 1ST RACE AT RP ON 5/10/2019. UPON HEARING TESTIMONY FINDS THAT, FOR GOOD CAUSE SHOWN, THE ORDER OF SUMMARY SUSPENSION ENTERED SHALL BE SET ASIDE PENDING A HEARING ON THIS MATTER.
Name: DONALD GENE TRETT Ruling Date: 6/13/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-043 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 7/6/2019 Suspension End: 9/3/2019
Ruling Text: OWNER/TR DONALD G. TRETT PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "BIZZAR BROWN" THE 1ST PLACE FINISHER IN THE 6TH RACE AT WRD ON 5/13/2019, TESTING POSITIVE FOR THE DRUG "CLENBUTEROL". IT IS THEREFORE, THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. TRETT HAVING A THIRD OFFENSE FOR A CATEGORY "B" SUBSTANCE IN THE PAST 365 DAYS BE FINED $2500.00 AND IS SUPENDED FOR 60 DAYS EFFECTIVE 7/6/2019 AND CONTINUING THROUGH 9/3/2019. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM 1ST PLACE AT WRD ON 5/13/2019. DURING THE TERM OF SUSPENSION FOR MR. TRETT, HE IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACETRACKS AND PUBLIC AREAS COMING UNDER OHRC JURISDICTION.
Name: GARY LEONARD ANDERSON Ruling Date: 6/13/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 19-FMT-005 Ruling Type: License Type Changed
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: THE GROOM/HOTWALKER'S LICENSE ISSUED TO GARY ANDERSON, IS HEREBY RESCINDED WITHOUT PREJUDICE AS HE HAS BEEN ISSUED AN OWNER/TRAINER'S LICENSE AT FMT FOR 2019.
Name: ALLEN LEE SISCO Ruling Date: 6/13/2019
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2019-FRE-40 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 6/15/2019 Suspension End: 6/30/2019
Ruling Text:

Allen Sisco was the programmed trainer of the horse "Super Manning" which raced in the 3rd race on May 18,2019 at Freehold Raceway. Following this race, the horse "Super Manning" was requested to submit blood samples for analysis. A report from Truesdail laboratories of the samples taken from "Super Manning" disclosed the presence of Flunixin above the allowable limits.

Consistent with N.J.A.C. 13:71-23.7, the horse "Super Manning" is hereby disqualified from sharing in all purse monies earned in the 3rd race on May 18, 2019 at Freehold Raceway.

As a result, Mr. Sisco is hereby fined the sum of five-hundred ($500.00) dollars and issued a fifteen (15) day full suspension of his New Jersey Racing Commission license. Said suspension shall begin on June 15, 2019 and run through June 29, 2019 inclusive. During the period of suspension, Mr. Sisco is denied access to all grounds under the jurisdiction of the New Jersey Racing Commission for any and all purposes. Mr. Sisco has waived his right to send a split sample to an independent laboratory for analysis as well as his right to a hearing with the Board of Judges and accepted the above penalty.

MMV Points incurred: 1/2 point

Violation of N.J.A.C. 13:71-23.6 (a) (b) (c) (d) Violation of N.J.A.C. 13:71- 23.8 (g) 1

Name: Elizabeth Adkins Ruling Date: 6/12/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-26 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RULING #98 DATE: 6/12/2019 NAME: Elizabeth Adkins DOB: 7/1/1994 PERMIT: # 25261 Groom

The Stewards hereby impose the following penalty: After conducting a hearing, the Board of Stewards hereby fine Groom Elizabeth Adkins two hundred fifty dollars ($250.00) for violation of WV Rule of Racing 178-1-23.2b.3 and 178-24.11.gg of the Thoroughbred Racing Rules, 178 S.S.R.1, “leaving an unattended electrical device that was plugged into an electrical outlet in tack room.”

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

Name: C Brian Loney Ruling Date: 6/12/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-148 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Loney allowed inaccurate information to be programmed on #9 Paydaze A Rockin in race 15 on 6/11/19 by entering the horse prior to the transfer of ownership being completed. O.S.R.C.-3769-15-06(B)  15-33(E)  15-99
Name: JOHN C EHRHARDT Ruling Date: 6/12/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-149 Ruling Type: Conduct Detrimental to Racing
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/12/2019 Suspension End:
Ruling Text:
Mr. Ehrhardt is hereby suspended until he appears before the judges at Northfield Park. O.S.R.C.-3769-12-26(A)(10)  12-99
Name: LARRIS HUGH ALLEN Ruling Date: 6/12/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-29 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/15/2019 Suspension End: 7/4/2019
Ruling Text: Carelless Riding Susp 2 days Riding Only
Name: LARRIS HUGH ALLEN Ruling Date: 6/12/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-29-FO Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/15/2019 Suspension End: 7/4/2019
Ruling Text: RE: 2019-CENT-29 - Ruling Final Outcome
Name: Neville Fitzroy Stephenson Ruling Date: 6/12/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-10 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule Causing interference in Race
Name: Neville Fitzroy Stephenson Ruling Date: 6/12/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-10-FO Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-WUD-10 - Ruling Final Outcome
Name: Ruja Lahoe Ruling Date: 6/12/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-11 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule Causing interference in Race
Name: Ruja Lahoe Ruling Date: 6/12/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-11-FO Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-WUD-11 - Ruling Final Outcome
Name: RUSTY LEYES Ruling Date: 6/11/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-147 Ruling Type: Financial Obligation/Restoration
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End: 6/10/2019
Ruling Text:
Mr. Leyes has paid the fine and returned the purse money per ruling 2018-DkCo1 and is restored to good standing in Ohio. O.S.R.C.-3769-17-36  17-99
Name: Eddie Clouston Ruling Date: 6/11/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-25 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RULING #97 DATE: 6/11/2019 NAME: Eddie Clouston DOB: 7/2/1965 PERMIT: # 20156 Owner/Trainer

The Stewards hereby impose the following penalty: Owner/Trainer Eddie Clouston is hereby fined one hundred dollars ($100.00) for violation of WV Rule of Racing 178-1-44.17. Mr. Clouston failed to have a current negative Coggins on file with the racing office for the horse “Flash Me Not” in the 4th race on Tuesday, June 11, 2019, necessitating a late scratch.

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

Name: LOUIS A BATISTA Ruling Date: 6/10/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-22 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING #96 DATE: 6/10/2019 NAME: Luis Batista DOB: 5/7/1990 PERMIT: # 20046 Jockey

The Stewards hereby impose the following penalty: Jockey Luis Batista is hereby suspended three (3) days, effective Sunday, June 16, 2019 through and including Tuesday, June 18, 2019 for violation of WV Rule of Racing 178-1-45.7.b.1 and 178-1-45.7.b.2. During the stretch run of the 3rd race on Wednesday, June 5, 2019. Mr. Batista’s mount #7 “Unruly Julie” came in repeatedly initiating contact with #4 “Chiplee”. His mount was disqualified from 2nd and placed 3rd for failure to correct his mount in a timely manner. As per rule 178-1.28.1.f, while suspended Mr. Batista may gallop.

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

Name: BRIENNA BOWERMAN Ruling Date: 6/10/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-23 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING #95 DATE: 6/10/2019 NAME: Brienna Bowerman DOB: 8/31/1992 PERMIT: # 16062 Owner

The Stewards hereby impose the following penalty: A hearing was scheduled on Wednesday, May 29, 2019 for Brienna Bowerman for violation of WV Rule of Racing 178-1-24.11.c. A hearing notice was sent to Ms. Bowerman by certified mail, which was signed for. Ms. Bowerman did not attend the above hearing. Ms. Bowerman is hereby suspended for demonstrating financial irresponsibility by having a judgement issued against him.

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

Name: Scott Bowerman Ruling Date: 6/10/2019
Jurisdiction: West Virginia Racing Commission Facility: Mountaineer Park
Ruling Number: 2019-MP-24 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING #94 DATE: 6/10/2019 NAME: Eugene Scott Bowerman DOB: 3/23/1964 PERMIT: # 16064 Groom

The Stewards hereby impose the following penalty: A hearing was scheduled on Wednesday, May 29, 2019 for Eugene Scott Bowerman for violation of WV Rule of Racing 178-1-24.11.c. A hearing notice was sent to Mr. Bowerman by certified mail, which was signed for. Mr. Bowerman did not attend above hearing. Mr. Bowerman is hereby suspended for demonstrating financial irresponsibility by having a judgement issued against him.

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

Name: JIMMY GUERRA Ruling Date: 6/10/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-74 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/10/2019 Suspension End:
Ruling Text: Owner/Trainer, JIMMY WRIGHT GUERRA, is hereby summarily suspended, effective immediately, June 10, 2019, pending the outcome of his hearing on June 17, 2019, @ 1:00 p.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 2 Penalty A substance, Cardarine (GW501516)/ Cardarine (GW501516) Sulfone, found test sample #E317973 taken from the 2nd place finisher (trained by JIMMY WRIGHT GUERRA), “Major Bites ”, following the 9th race on May 24, 2019, at Sunray Park Racetrack.

In accordance with 15.2.1.9 (C)(21), JIMMY WRIGHT GUERRA 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 JIMMY WRIGHT GUERRA 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 JIMMY WRIGHT GUERRA 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 NMAC Attachment #1 ARCI Uniform Classification of Substances-Version 14.0- January 2019 pg17 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: AVERY BRADFORD WHISMAN Ruling Date: 6/10/2019
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 27-2019 DE Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/10/2019 Suspension End: 6/16/2019
Ruling Text: June 10, 2019

Delaware Park Stewards Ruling

(27-2019)

Apprentice Jockey Avery Whisman, DOB: 11/29/1999, RCI ID: 2146956, is suspended for seven (7) calendar days, from Monday, June 10, 2019, through and including Sunday, June 16, 2019, for careless riding in the second race on Thursday, June 6, 2019. Refer to D.T.R.C. Rules 3.3, 14.15, and 14.16.

Name: RONALD JAMES RICHARD Ruling Date: 6/9/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-14 Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/16/2019 Suspension End: 6/21/2019
Ruling Text: After reviewing all testimony and evidence, Jockey Ronald Richard is hereby suspended three racing days, Sunday, June 16th, Thursday June 20th and Friday June 21st 2019 for conduct detrimental to the best interest of horse racing in the ninth (9th) race on Saturday June 8th, 2019. Specifically, Jockey Richard jumped off his mount #6 “Classy Maxi” soon after the start instead of attempting to pull up.
Name: RUBEN FUENTES Ruling Date: 6/9/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-115 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/23/2019 Suspension End: 7/5/2019
Ruling Text: Jockey RUBEN FUENTES, who rode OH MAN in the third race at Santa Anita Park on June 8, 2019, is suspended for FIVE (5) racing days (June 23, 29, 30 and July 4 and 5, 2019), for failure to maintain a straight course in the stretch and causing interference. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rules – careless riding – second offense in sixty days). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Name: BERNARDO HERNANDEZ Ruling Date: 6/9/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-116 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Exercise Rider BERNARDO HERNANDEZ, is fined TWO HUNDRED DOLLARS ($200.00)* for violation of California Horse Racing Board rule #1930 (Obedience to Security Officers and Public Safety Officers – failure to adhere to Santa Anita Park protocols and improper conduct towards the Outrider) on June 6, 2019 at Santa Anita Park.
Name: PAUL OSVALDO RODRIGUEZ-GARCIA Ruling Date: 6/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-69 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey PAUL OSVALDO RODRIGUEZ-GARCIA was summoned and failed to appear, respond, or send a jockey guild’s representative for film review regarding the 4th race on May 26, 2019, at Ruidoso Downs.

The Board of Stewards hereby fines PAUL OSVALDO RODRIGUEZ-GARCIA in the amount of one hundred dollars ($100.00). The fine is to be paid on or before July 9, 2019 in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed will result in immediate suspension.

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

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

15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (a)(c)(d)Stewards General Authority /16.47.1.8 (T) KNOWLEDGE OF RULES/16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required/ 16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 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: PAUL OSVALDO RODRIGUEZ-GARCIA Ruling Date: 6/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-70 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/22/2019 Suspension End: 6/29/2019
Ruling Text: Jockey PAUL OSVALDO RODRIGUEZ-GARCIA was summoned , failed to appear or respond, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance,before the Board of Stewards on June 9, 2019, for careless riding during the running of the 4th race on May 26, 2019, at Ruidoso Downs, while aboard “CD BETTER BE FIRST”, which resulted in his mount being disqualified from 3rd place to 10th place. (Bore out shortly after the start impeding outside horses.)

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

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

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

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

Name: SERGIO G DOMINGUEZ Ruling Date: 6/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-71 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey SERGIO DOMINGUEZ was summoned and failed to appear, respond, or send a jockey guild’s representative for film review regarding the 6th race on May 31, 2019, at Ruidoso Downs.

The Board of Stewards hereby fines SERGIO DOMINGUEZ in the amount of one hundred dollars ($100.00). The fine is to be paid on or before July 9, 2019 in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed will result in immediate suspension.

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

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

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

Name: Sergio Becerra Ruling Date: 6/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-72 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey SERGIO BECERRA, JR was summoned and failed to appear, respond, or send a jockey guild’s representative for film review regarding the 9th race on June 9, 2019, at Ruidoso Downs.

The Board of Stewards hereby fines SERGIO BECERRA, JR in the amount of one hundred dollars ($100.00). The fine is to be paid on or before July 9, 2019 in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed will result in immediate suspension.

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

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

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

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

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

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

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

Name: RUBEN FUENTES Ruling Date: 6/8/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-112 Ruling Type: Misuse of Whip
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey RUBEN FUENTES, is fined Three hundred dollars ($300.00)* for violation of California Horse Racing Board rule #1688(b)(6) (Use of Riding Crop – more than three times in succession without giving the horse a chance to respond – third offense in last 60 days), during the fifth race at Santa Anita Park on June 7, 2019.

Name: GEOVANNI ANGELES FRANCO Ruling Date: 6/8/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-113 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/15/2019 Suspension End: 6/21/2019
Ruling Text:
GEOVANNI FRANCO, who rode GRINNING TIGER in the fifth race at Santa Anita Park on June 7, 2019, is suspended for THREE (3) racing days (June 15, 16 and 21, 2019) for failure to maintain a straight course in the stretch and causing interference. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rule – careless riding).

Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Name: RUBEN FUENTES Ruling Date: 6/8/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-114 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/15/2019 Suspension End: 6/22/2019
Ruling Text: Jockey RUBEN FUENTES, who rode GOODTINGSCOMINPINK in the first race at Santa Anita Park on June 7, 2019, is suspended for FOUR (4) racing days (June 15, 16, 21 and 22, 2019), for failure to maintain a straight course in the stretch (two incidents) and causing interference. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rules – careless riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.
Name: KARL MATTHEW BROBERG Ruling Date: 6/8/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-13 Ruling Type: Fined
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
A hearing was held in the Steward’s office on June 7, 2019 to determine if Owner/Trainer Karl Broberg was in violation for failure to follow the directive of the Stewards to have a sufficient number of colors in the jockey’s room.  Owner/Trainer Broberg participated by phone. Broberg admitted to only having one set of colors in the jockey’s room after being instructed by the Stewards multiple times to have enough sets of colors for the number of horses Broberg typically runs on the card.
 
Owner/Trainer Karl Broberg is hereby fined the sum of Two Hundred Dollars ($200.00) for failure to follow the directive of the Stewards.
Name: MARK JASSO Ruling Date: 6/8/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19022 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/13/2019 Suspension End: 6/15/2019
Ruling Text: Jockey Mark Jasso is suspended three racing days, Thursday, June 13, 2019, Friday, June 14, 2019 and Saturday, June 15, 2019 for allowing his mount, #6 Mighty Be, to drift out and bump #8 Krash For Kash, ridden by Patrick Canchari, taking him wide in the Second Race on June 2, 2019. During his period of suspension, Jasso is permitted to ride in designated stakes and trials but then must serve a replacement day of suspension. Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.B.C. -- General authority. 7883.0160 (Post to Finish) Subp. 6.A.D -- Interference and willful fouling.
Name: DONALD EUGENE ROBERSON Ruling Date: 6/7/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-11 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having waived his right to a split sample and present evidence and testimony to the Board, Trainer Donald Roberson is hereby fined Two Hundred Fifty Dollars ($250.00). “Domestic Violet” tested over the permitted level of Ketoprofen after finishing second in the fifth race on May 26, 2019.

Name: MIKE PENDER Ruling Date: 6/7/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-111 Ruling Type: Improper or Inhumane Treatment of Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/14/2019 Suspension End: 7/13/2019
Ruling Text: Trainer MICHAEL PENDER, who worked the horse NEW KARMA at Santa Anita Park on March 24, 2019, and subsequently entered to race at Golden Gate Fields on April 6, 2019, is suspended for THIRTY (30) DAYS from June 14, 2019, to July 13, 2019, pursuant to California Horse Racing Board rule #1887 (Trainer to Insure Condition of Horse) for violation of California Horse Racing Board rule #1902.5 (Animal Welfare). During the term of suspension, all licenses and license privileges of MICHAEL PENDER are suspended and pursuant to California Horse Racing Board rule #1528 (Jurisdiction of Stewards to Suspend and Fine), MICHAEL PENDER is denied access to all premises in this jurisdiction.
Name: LARRY W KOPYCINSKI Ruling Date: 6/7/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23469 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/30/2019 Suspension End: 7/29/2019
Ruling Text: Clenbuterol was reported, by the Equine Medical Surveillance Laboratory of the Louisiana State University, in sample DD57066 at 154pg/ml in the post-race urine taken from “Eyejessdashfast”, winner of race 5, May 9, 2019, at Delta Downs. Upon Notification Trainer Larry Kopycinski. declined his right to have the split portion of sample DD57066 tested and waived his right to a formal stewards’ hearing. The stewards concluded that, based on the findings of the Primary Laboratory sample DD57066 contained the prohibited drug Clenbuterol and this is an ARCI category III drug violation and Trainer Trainer Larry Kopycinski the absolute insurer regardless of the actions of a third party.Trainer Trainer Larry Kopycinski is hereby suspended 60 days, May 30, 2019, through July 29, 2019, and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission. “Eyejessdashfast”, is disqualified and declared unplaced and the purse ordered redistributed.
Name: LARRY W KOPYCINSKI Ruling Date: 6/7/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23470 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/5/2019 Suspension End: 6/16/2019
Ruling Text: Discovery of needles, syringes and an assortment of injectibles in his assigned stalls, in barn 7, at Delta Downs. Although Owner Aaron Harvey admitted the contraband was his, see ruling 23470, Trainer Larry Kopycinski took responsibility as the absolute insurer, regardless of the acts of a third party, is thereby suspended the balance of the Delta Downs Meeting plus ten days, June 5, 2019 through July 16, 2019. While under suspension is denied access to all race tracks, off track wagering facilities and recognized training tracks under the jurisdiction of the LSRC.
Name: MARTIN RODRIGUEZ ORONA Ruling Date: 6/7/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-66 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/7/2019 Suspension End:
Ruling Text: Trainer, Martin Orona Sr., is hereby summarily suspended, effective immediately, June 7, 2019, pending the outcome of his hearing on June 17, 2019, @ 12:00 p.m in the office of the Board of Stewards at Ruidoso Downs Racetrack (26225 US-70, Ruidoso NM 88346.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses) Controlled Substance, clenbuterol, found test sample #E316797 taken from the second place finisher (trained by Martin Orona Sr.), “DADDIES GIRL”, in the 6th race on May 27, 2019, at Ruidoso Downs.

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

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

Name: CARLOS O. ALVIDREZ Ruling Date: 6/7/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-67 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/7/2019 Suspension End:
Ruling Text: Trainer, Carlos O. Alvidrez, is hereby summarily suspended, effective immediately, June 7, 2019, pending the outcome of his hearing on June 17, 2019, @ 11:30 a.m in the office of the Board of Stewards at Ruidoso Downs Racetrack (26225 US-70, Ruidoso NM 88346.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the confirmed positive of the Drug Class 3 Penalty Class A (Quarter Horses), Controlled Substance, clenbuterol, found test sample #E316667 taken from the first place finisher (trained by Carlos O. Alvidrez), “LEAD BY FIRE”, in the 9th race on May 18, 2019, at Ruidoso Downs.

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

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

Name: ANGEL SUAREZ Ruling Date: 6/6/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON10 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey, Angel Suarez is hereby fined the sum of one thousand ($1,000.00) dollars for careless riding during the running of the 5th race on Sunday, May 26, 2019.

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

Name: DONELL N BLAKE Ruling Date: 6/5/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23457 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/5/2019 Suspension End: 6/11/2019
Ruling Text: Suspended for seven calendar days June 5, 2019, through June 11, 2019 inclusive, for careless riding, while aboard Louisianadressblues, during the running of race 9, May 31, 2019, at Delta Downs, resulting in the disqualification of his mount from first to second place. Allowed to ride in designated races. Participation in such race/s extends suspension a like number days.
Name: Douglas William Chappell Ruling Date: 6/5/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-26 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule 458(2) (g) (b) Hitting more than 3 times after 7/8/ mile pole no pausing
Name: Douglas William Chappell Ruling Date: 6/5/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-26-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-26 - Ruling Final Outcome
Name: KELLY ORVIN HOERDT Ruling Date: 6/5/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-27 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule Contacting horse with foot out of Stirrup
Name: KELLY ORVIN HOERDT Ruling Date: 6/5/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-27-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-27 - Ruling Final Outcome
Name: Douglas William Chappell Ruling Date: 6/7/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-26-FO1 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-26 - Ruling Final Outcome
Name: JASON ELLIOTT THOMPSON Ruling Date: 6/5/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-016-19 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Jason Thompson is fined $50.00 for failure to come up in position behind the starting gate while driving GOJETEM in the 4th race at Harrington Raceway on May 29, 2019. DHRC rule: 7.6.6.6.7. All fines are to be paid within 10 days of written rule.
Name: MARK JASSO Ruling Date: 6/5/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19021 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Mark Jasso is assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount, "Hesa Mr Moonflash," more than three consecutive times without pausing during the stretch run of the 2nd race at Canterbury Park on June 1, 2019 (1st whip rule violation during the 2019 Canterbury Park meet).

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

Name: WILLIAM B HERNANDEZ Ruling Date: 6/5/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19007 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Williams Hernandez who drove #2 WAR DADDY finishing first in the ninth race on June 2, , 2019 is hereby fined the sum of one hundred ($100.00) dollars for violation of the MRC Rule 7879.0260 Subpart 2 (T) 1 - Whipping first offense. MRC Rule 7879.0260 Subpart 2 (T) 1 - Whipping MRC Rule 7879.0200 Subpart 1 (A)(B) - Judges Authority

Name: MANUEL ALMANZA-RUIZ Ruling Date: 6/3/2019
Jurisdiction: Colorado Racing Commission Facility: Arapahoe Park
Ruling Number: 2019-ARP-1 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 6/3/2019 Suspension End: 6/14/2019
Ruling Text: HEARING MANUEL ALMANZA, JR. (“Licensee”) was duly notified of a hearing to be held in this case before the Colorado Racing Commission “(Commission”) originally set for October 9, 2018, duly served via mail on August 24, 2018. Due to scheduling conflicts, Licensee, by and through his attorney, and the Division agreed to continue the hearing to a later time. After other unsuccessful attempts to hold a hearing before the Commission, Licensee and the Division agreed to put the case before the Board of Stewards of Arapahoe Park, to be held at Arapahoe Park, 26000 E. Quincy Avenue, Aurora, Colorado 80016 on May 22, 2019.

Licensee appeared via his attorney, Mr. John Mac Hayes, Esq., admitted pro hac vice to represent Licensee in this matter. Licensee appeared via telephone to give testimony to the Board but was not physically present for the hearing. The Colorado Division of Racing Events (the “Division”) was represented by Senior Assistant Attorney General Bradford Jones. The Stewards heard the available evidence and made the following findings and conclusions.

FINDINGS OF FACT

1. On July 22, 2018, Licensee submitted a Support Occupational License Application (“Application”) under the classifications of “Owner/Trainer” to the Division.

2. On the Application, Licensee provided his name as “Manuel Almanza Jr.” and entered no information regarding “Other Names, Alias(es), Nickname(s) Used.” a. Before October 22, 2013, Licensee was known as “Bonifacio Almanza-Ruiz.” b. On October 22, 2013, Licensee legally changed his name from “Bonifacio Almanza Ruiz” to “Manuel Almanza Ruiz.” c. Licensee’s 2018 Oklahoma Racing license was issued under the name “Manuel Almanza-Ruiz, Jr.”

3. On Page 2, Box 11 of the Application, in response to the question “Is the business presently licensed, or has it been licensed within the last five (5) years by any racing or gaming jurisdiction, including Colorado?” Licensee answered “Yes” and listed a 2018 Oklahoma Racing license. a. Licensee failed to disclose a New Mexico Racing license that expired May 31, 2014, less than five (5) years from the date of application.

4. On Page 2, Box 13 of the Application, Licensee answered “No” to question “C. Have you been placed under suspension for more than 7 days . . . in this or any other racing or gaming jurisdiction?” a. On June 17, 2009, Licensee was suspended by the Oklahoma Horse Racing Commission for a period of 30 days. b. On December 15, 2009, Licensee was suspended Oklahoma Horse Racing Commission for a period of 14 days. c. On October 15, 2010, Licensee was suspended by the Iowa Racing Commission for a period of 365 days.

5. On Page 2, Box 13 of the Application, Licensee answered “Yes” to question “D. Have you ever been ruled off, suspended, or discharged for cause, or denied the privileges of a racetrack or gaming facility, by any commission or board?” a. Licensee wrote “OK” in the boxes provided to identify the circumstances. b. Licensee failed to report Oklahoma Horse Racing Commission Ruling 09-RP-072 from June 17, 2009, suspending his license, under the name Bonifacio Almanza-Ruiz, for a period of 30-days. c. Licensee failed to report Oklahoma Horse Racing Commission Ruling 09-RP-135 from December 15, 2009, suspending his license, under the name Bonifacio Almanza-Ruiz, for a period of 14-days. d. Licensee failed to report Iowa State Racing and Gaming Commission Ruling #45088 from October 15, 2010 (“Iowa Ruling”), suspending his license, under the name Bonifacio Almanza-Ruiz, for a period of 365-days.

6. On Page 3 of the Application, Licensee signed the “Certification” which he affirmed that he “understand[s] that providing false information or failing to provide complete information on this application will justify either the Commission or the Division to assess a fine, refuse to issue, deny, suspend, revoke my license, or institute other disciplinary action.”

7. On Page 3 of the Application, Licensee certified under the penalty of perjury that his statements and answers on the Application were complete and true and that no material facts or information relevant to qualification were omitted.

8. Manuel Almanza Jr., Manuel Almanza, Manuel Almanza Ruiz, Bonifacio Almanza-Ruiz, Bonifacio Almanza Ruiz and Bonifacio Almanaz are the same person. a. Records obtained from the State of Oklahoma show that Manuel Almanza used the names or was previously known as: Bonifacio Almanza-Ruiz, Bonifacio Almanza Ruiz and Bonifacio Almanza. b. Records obtained from the ARCI Licensing Database and the State of Oklahoma show that all of Licensee’s aliases share a social security number, the same address and, with one exception, the same birthdate.

9. At all times relevant hereto, Licensee was the Owner of record for the horse called “SLAYER”.

10. At all times relevant hereto, Licensee was the Trainer of record for SLAYER.

11. SLAYER is a Quarter Horse registered with the American Quarter Horse Association.

12. SLAYER ran in the 6th race on August 12, 2018 at Arapahoe Park (hereafter, the “Race”).

13. SLAYER finished in 3rd place in the Race.

14. The total purse for the Race was $115,300.

15. According to the official records of the Division, Licensee was the Trainer of record for SLAYER at the time of the Race.

16. According to the official records of the Division, Licensee was the Owner of record for SLAYER at the time of the Race.

17. Following the Race, employees of the Division took and labeled a blood and urine sample (Sample Tag #E 283428) (hereafter, the “Sample”) from SLAYER in accordance with CRCR 5.420. The Sample was properly and securely transferred to the Commission’s official chemist, Industrial Laboratories Company, Inc. (hereafter “ILC”), an ISO-17025-compliant, RMTC, and A2LA-accredited laboratory.

18. The Sample’s chain of custody was intact and was not challenged by Licensee.

19. ILC analyzed the Sample utilizing sample-analysis procedures consistent with the recommendations of the Association of Official Racing Chemists.

20. On August 22, 2018, ILC determined that the urine Sample was positive for modafinil acid, as certified in the Certificate of Analysis by ILC’s Director of Drug Testing Services Petra Hartmann, dated August 22, 2018.

21. Modafinil acid is a Drug Class 2 / Penalty Class A (“Class 2A”) drug pursuant to the Association of Racing Commissioners International (ARCI) Uniform Classification Guidelines for Foreign Substances and CRCR 5.300 and is an unauthorized medication and prohibited substance.

22. Modafinil acid is a stimulant similar to, but not as powerful as, amphetamines.

23. Licensee declined to send a split sample.

24. The Iowa Ruling found Licensee in violation of a Drug Class 1 / Penalty Class A (“Class 1A”) medication violation. It was his first lifetime Penalty Class A medication violation.

25. The Iowa Ruling issued by the Board of Stewards of Prairie Meadows fined Licensee $1,000 and suspended his License for 365-days.

26. Licensee has had only two minor rule violations since the issuance of the Iowa Ruling.

CONCLUSIONS OF LAW

27. Pursuant to CRCR 5.500:

Whenever the laboratory test results are obtained as indicated herein, there shall be a rebuttable presumption that the trainer and/or assistant trainer of the animal were responsible for the administration of the unauthorized medication. At any hearing conducted to determine responsibility for the administration of any unauthorized medication, unless other evidence of sufficient credibility and weight is presented to the contrary, the Board, a hearing officer, or the Commission may make a finding in accordance with the presumption.

28. Pursuant to CRCR 5.502:

The trainer shall be responsible for and the absolute insurer of the condition of the animals entered for his or her stable regardless of the acts of third parties except as provided in these rules. If the chemical analysis of a sample indicates the presence of an unauthorized drug or medication regardless of the effect on the racing condition or the performance of a horse in a race, the trainer of the horse and any other person shown to have care or attendance of the horse or shown to have administered or conspired to have administered the drug are subject to disciplinary action. The owner of the horse shall not participate in the purse distribution of that race, a redistribution of that purse shall be ordered, and the horse shall be declared unplaced for every purpose except for pari-mutuel wagering. “Unplaced for every purpose” means any placement based upon the race would be declared invalid and the purse or prize for any such race would be returned. “Unplaced for every purpose” includes, but is not limited to, any placement, purses or prizes that an owner may have earned in subsequent races, for which the horse would not have been qualified due to the presence of an unauthorized medication found in a previous race. A trophy received by the owner of the horse shall be returned.

29. Pursuant to CRCR 5.301:

No person shall administer or apply or cause to be administered or applied to any animal participating in a race any unauthorized medication.

30. Pursuant to CRCR 5.304:

A person shall not administer or apply or cause to be administered to applied to any animal any medication which might have the effect of stimulating, exciting or depressing any animal or which could otherwise alter the normal performance of an animal during a race. Any medication so administered or applied shall be deemed unauthorized as defined in this section.

31. CRCR 5.300 states in relevant part:

The following outline describes the types of substances placed in each category. 2: Class 2 Drugs placed in this category have a high potential for affecting the outcome of a race. Most are not generally accepted as therapeutic agents in the racing horse. Many are products intended to alter consciousness or the psychic state of humans, and have no approved or indicated use in the horse. Some, such as injectable local anesthetics, have legitimate use in equine medicine, but should not be found in a racing horse. The following groups of drugs are in this class: (A) Opiate partial agonists, or agonist-antagonists; (B) Non-opiate psychotropic drugs. These drugs may have stimulant, depressant, analgesic or neuroleptic effects; (C) Miscellaneous drugs that might have a stimulant effect on the central nervous system (CNS); (D) Drugs with prominent CNS depressant action; (E) Antidepressant and antipsychotic drugs, with or without prominent CNS stimulatory or depressant effects; (F) Muscle blocking drugs which have a direct neuromuscular blocking action; (G) Local anesthetics that have a reasonable potential for use as nerve blocking agents (except Procaine); and (H) Snake venoms and other biologic substances, which may be used as nerve blocking agents. 32. Pursuant to Penalty Guideline Listing under CRCR 5.441, the penalty to be assessed for Penalty Class A violations is determined by how many Penalty Class A violations the Licensee has been found in violation of during the Licensee’s lifetime.

33. Pursuant to the Penalty Guideline Listing under CRCR 5.441, the penalty to be imposed on a trainer for a second lifetime offense of a Penalty Class A substance is: a. A minimum three-year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of license revocation with no reapplication for a three year period; and,

b. A minimum fine of $25,000 or 25% of the total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $50,000 or 50% (greater of the two).

a. Any other action the Commission deems necessary.

34. The Board finds that SLAYER had a Class 2A medication and substance present in his system at the time of the Race, evidenced by blood and urine samples taken directly after the Race and analyzed by ILC. Pursuant to CRCR 5.500, based upon ILC’s report, a rebuttable presumption was placed on Licensee as the Trainer of SLAYER that Licensee was responsible for the administration of the Class 2A to SLAYER. Licensee declined to send a split sample to a referee laboratory to rebut the presumption. Licensee.

35. Licensee suggested, but was unable to provide evidence, that it was possible that a person, licensed or unlicensed could have entered the secured grounds and administered the prohibited substance to SLAYER without any other person noticing. Licensee argued that he could have been sabotaged by somebody. The Board does not find the argument persuasive. In order to overcome the presumption that Licensee administered the substance himself, he must present at hearing “evidence of sufficient credibility and weight … to the contrary.” Licensee did not provide any evidence to support the assertion that somebody else administered the substance or that he was sabotaged. In accordance with CRCR 5.500, we find that Licensee was responsible for the administration of the unauthorized medication and prohibited substance.

36. The Board finds Licensee is in violation of CRCR 5.301, stating that no person shall administer or any animal participating in a race any unauthorized medication. Pursuant to CRCR 5.502, the Trainer is the absolute insurer of the condition of the horse and responsible for any substance found in the horse in a post-race test. The Trainer or any other person shown to have care or custody of the horse is shown to have administered the drug are subject to administrative action. Licensee administered or was responsible for the administration of a Class 2A medication and substance, in violation of the rules.

37. The Board finds Licensee in violation of CRCR 5.304, prohibiting a person from administering any medication which might have the effect of stimulating, exciting or depressing any animal or which could otherwise alter the normal performance of an animal during the race. Both veterinarians testified to the fact that modafinil acid is a stimulant and stimulants are specifically enumerated as prohibited by the Rule, regardless of whether the stimulant actually had an effect on the horse or the outcome of the Race.

38. The Board finds Licensee in violation of CRCR 3.202 for failing to accurately and truthfully complete the Application. Licensee applied for a Colorado Racing License using the name “Manuel Almanza, Jr.” However, Licensee applied for his Oklahoma Racing license approximately 8 months prior under the name “Manuel Almanza-Ruiz, Jr.” but failed to include “Manuel Almanza-Ruiz, Jr.” on Page 1, Box 3 of the Application asking for other names used. Licensee argued that the names are the same and that the hyphen would not make any difference in identifying the person as one and the same during the routine background check in the licensing databases. We are not persuaded by this argument. If Licensee’s last name were “Johnston,” a computer search for “Johnson” would not produce a result that identified a Licensee named “Johnson.” The “t” in “Johnston” has the same effect as the “-“ in “Almanza-Ruiz.”

39. Licensee presented evidence that he had applied for a legal name change in 2013 that made his legal name “Manuel Almanza Ruiz.” Licensee presented these documents as proof that he did not intentionally omit information. These documents prove that Licensee should have disclosed at least the name “Bonifacio Almanza-Ruiz.” But these documents also prove that Licensee did not even disclose his legal last name on the Licensing application as the documents show that Licensee changed his legal last name to “Almanza Ruiz.” Licensee stated on the Application that his legal last name was “Almanza” with no mention of “Ruiz.” And finally, Licensee’s Oklahoma driving record clearly reports that Licensee has used other names in the past which were not disclosed on the Licensing application that should have been.

40. The Board finds Licensee violated CRCR 3.202 by failing to disclose his three previous suspensions of 14-, 30- and 365-days. Page 2, Box 13 Question C is very clear; “Have you ever been suspended more than 7 days…?” Licensee answered “No” to this question. It is understandable if after 9 years a Trainer forgets that they served a 14-day suspension. It is less understandable if after 9 years a Trainer forgets they served a 30-day suspension. Licensee testified about how hard the 1 year suspension was to recover from for his career. He stated that he “had to start from the bottom.” It is unfathomable to consider that Licensee simply forgot that he served a 365-day suspension when it had such an impact on his life and career.

41. The Board finds that Licensee violated CRCR 3.202 by failing to disclose any of his suspensions. While true that he answered “Yes” to Question D on Page 2, Box 13 of the Application, the directions are very clear in that detail is required if there is a “Yes” answer. The directions go as far to instruct an applicant to use a separate sheet of paper if necessary. Licensee detailed nothing, except “OK” in the date column of the explanation area.

42. The Board finds that Licensee violated previous subsection 12-60-507(1)(d), C.R.S., (August 2018), by engaging in Willful Misrepresentation and Deceit in Racing and violating subsection 12-60-507(1)(f), C.R.S., (August 2018), by engaging in Misrepresentation in connection to a Racing Matter. Licensee did not disclose suspensions of 14-, 30- and 365-days. While no explanation was ever given as to why these suspensions were not disclosed, the only plausible explanations would be that Licensee forgot or did not believe that he had to disclose them. We have already addressed that we do not believe that he simply forgot about the 365-day suspension and the Application is clear that he is required to disclose all suspensions. The conclusion that we come to is that Licensee intentionally omitted the information. The Division investigator testified that he believed that the failure to disclose this information, as well as Licensee’s various names, was for the purpose of hiding his past. While this was just an opinion by the investigator, a Class 1A medication violation is the worst violation in our industry. Had the suspension been disclosed or the previous names researched, the Division most certainly would have investigated further into Licensee upon seeing the Iowa Ruling and might have prevented Licensee from licensure and entry until a full background check had been completed. We find that it is more likely than not that Licensee intentionally omitted information and misrepresented his identity in order to avoid scrutiny from the Division and enter SLAYER into the Race.

43. Licensee offered several arguments in his defense and as mitigation to the alleged medication violations. We shall address each argument individually. They are addressed in no particular order.

44. Licensee argued that no reasonable trainer would risk their livelihood on a single race, no matter the size of the purse, by doping a horse with a stimulant that, while rare, is almost certainly tested for. Licensee’s position is that with already having a Penalty Class A medication violation on his record, a second Penalty Class A would take him out of the industry for multiple years. While we certainly agree that no reasonable trainer would take such actions, that argument holds little weight here. We are not here to determine whether Licensee meets the reasonable person or reasonable trainer standard, we are here to consider the facts and the evidence put before us.

45. Licensee argued that his good record for the past nine years should be considered as a mitigating circumstance. We agree and give some weight in mitigation to this evidence. According to Licensee’s ARCI record, the last rule violation Licensee had was in 2017 for failure to report for a hearing in regards to a financial responsibility claim. However, Penalty Class A medication violations are among the most, if not the most, serious violations in our industry. This is evidenced by the fact that Penalty Class A medication violations follow Trainers found in violation for their entire career and the severe suspensions and fines that are assessed as penalties. Though it has been nine years since Licensee has had anything resembling a medication violation, a second Penalty Class A violation is extremely rare and weighs heavily against Licensee’s good record for purposes of mitigation. Even so, we find the final balance to slightly favor Licensee.

46. Licensee argued that the circumstances regarding the Iowa Ruling and the first Penalty Class A medication violation should be considered as mitigation. We agree and give some weight in mitigation to this evidence. Licensee testified to the fact that he had only taken over as Trainer for the horse at issue in the Iowa Ruling ten days prior to the race in which the horse tested positive for mephentermine, a Class 1A substance. Licensee testified that the Board of Stewards of Prairie Meadows understood that Licensee did not attempt to dope the horse, but that he was responsible for the condition of the horse as the ultimate insurer and as a result, some action needed to occur. We note that, while we do not know whether Iowa followed the ARCI Penalty Guidelines at the time, the fine amount of $1,000 is significantly less than the recommended $10,000 or 10% of the purse fine that is currently employed. We find it more likely than not that the Board of Stewards of Prairie Meadows found mitigation in the Iowa Ruling and we take that into account with our penalty assessment here.

47. Licensee argued that because he was not present at Arapahoe Park between when SLAYER made the trial finals and when SLAYER ran in the finals it should be taken as a mitigating circumstance. Licensee testified that after he became the Owner and Trainer of SLAYER, he had to return home to Oklahoma to take care of some racing business. Licensee left SLAYER in the care of a friend while he was in Oklahoma. We give this mitigating factor very little weight. Regardless of whether he was present or not, Licensee is still the ultimate insurer of the condition of the horse. Licensee offered no evidence, like his friend having a prescription for modafinil acid or even a condition that modafinil acid would treat, that might suggest that the presence of the substance was something beyond his control or was environmental contamination that we might consider a much heavier mitigator.

48. Licensee attempted several times to present evidence regarding SLAYER’s racing history in other jurisdictions as mitigating evidence. Licensee’s argument was that because SLAYER had won several races in other jurisdictions in the weeks leading up to the Race, had been tested based upon the placement in those races and had not been found with modafinil acid in his system, we should consider as mitigating evidence that it does not make sense that Licensee would attempt to dope the horse in the Race. On Division’s objection, we ruled that the line of questioning was irrelevant to the matter at hand. It is more likely than not that SLAYER was post-race tested after those races; we do not know of a single instance where a first place winner would not be tested post-race and it is rare that a qualifying finisher in a trial series would not be tested post-race. However, the absence of modafinil in those post-race tests does not make it any more or less likely that modafinil was present or administered prior to the Race. ILC’s Director of Laboratory Services testified that there is no known withdrawal time for modafinil in horses. Licensee’s veterinarian testified that it would be impossible for anybody to individually determine a withdrawal time because of the sheer amount of data required to make any conclusion. Because the withdrawal time could be anything, SLAYER’s racing history is irrelevant to the matter at hand.

DECISION AND ORDER

The Board of Stewards finds that Licensee has engaged in a violation of Colorado Racing Commission Rules 5.301 and 5.304 by administering or causing to be administered an unauthorized medication which Licensee is responsible for pursuant to CRCR 5.500 and 5.502. Considering the totality of the circumstances surrounding the medication violation, the Board finds sufficient mitigation to reduce the minimum penalty for a second lifetime offense of a Penalty Class A medication violation from the guidelines established by the Colorado Racing Commission.

The Board of Stewards finds that Licensee has engaged in a violation of Colorado Racing Commission Rule 3.202 for failing to accurately and truthfully complete the Application. The Board of Stewards also finds Licensee violated Colorado Racing law previously located at subsections 12-60-507(1)(d) and (f), by engaging in willful misrepresentation, deceit in racing and willful misrepresentation in connection with a racing matter.

This matter shall be referred to the Colorado Racing Commission for any other action it deems sufficient.

THE BOARD ORDERS as follows:

1. Licensee MANUEL ALMANZA, JR. shall be fined the amount of TEN THOUSAND DOLLARS ($10,000.00). The fine is due and payable in 20 DAYS from the service date listed in the Certificate of Service.

2. The Colorado Racing license of Licensee MANUEL ALMANZA, JR. shall be suspended for: a. Two (2) Years for a second lifetime violation of a Penalty Class A medication violation; b. 122 days for the violation of CRCR 3.202; c. 122 days for the violation of former subsection 12-60-507(1)(d); d. 121 days for the violation of former subsection 12-60-507(1)(f).

3. The suspensions are to run consecutively for a total suspension of three (3) years and shall begin on the date of service listed in the Certificate of Service.

4. The ARCI Multiple Medication Violation penalty for a Penalty Class A substance is SIX POINTS. SIX POINTS for a Penalty Class A substance will be assessed on the record of the Trainer licensee. Class A violation points will stay on the ARCI record of such Trainer for 3 years. The ARCI points can be combined over time to cause a suspension in all ARCI member jurisdictions. This ARCI suspension policy runs consecutively (in addition to) any penalties and/or suspension in the jurisdiction of Colorado for subsequent violations.

5. The horse SLAYER is declared disqualified and unplaced for the 6th race on August 12, 2018 at Arapahoe Park for every purpose, except for pari-mutuel wagering.

6. SLAYER was placed on the Veterinarian’s List for a period of ONE HUNDRED EIGHTY (180) DAYS, starting from the date of the ILC report (August 22, 2018) and was eligible to be removed from the list on February 22, 2019.

7. Loss of purse for the 3rd race on June 16, 2018 at Arapahoe Park and the purse shall be redistributed in accordance with CRCR 5.502.

8. This case shall be referred to the Colorado Racing Commission: a. Pursuant to CRCR 5.441 to determine whether further action is required; and, b. Pursuant to CRCR 6.530 to determine whether Licensee shall be required to appear before the Colorado Racing Commission before being permitted to apply for re-licensure in the state of Colorado and being restored to Good Standing.

Name: MANUEL ALMANZA-RUIZ Ruling Date: 6/14/2019
Jurisdiction: Colorado Racing Commission Facility: Arapahoe Park
Ruling Number: 2019-ARP-1-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 6/3/2019 Suspension End: 6/14/2019
Ruling Text: RE: 2019-ARP-1 - Appeal Stay Granted Pending the Appeal Process. MANUEL ALMANZA, JR. (“Licensee”) was fined TEN THOUSAND DOLLARS ($10,000.00) and suspended for 3 YEARS for being found in violation of: a second lifetime Penalty Class A Medication Violation; Colorado Racing Commission Rule (“CRCR”) 3.202 for failing to completely disclose all information required by the licensing application; former subsection 12-60-507(1)(d), C.R.S., (2018), by engaging in Willful Misrepresentation and Deceit in Racing, and; former subsection 12-60-507(1)(f), C.R.S., (2018), by engaging in Misrepresentation in connection to a Racing Matter by Stewards’ Ruling 19-01 issued on June 3, 2019 (the “Ruling”). On June 11, Licensee filed an appeal with the Colorado Racing Commission challenging the Ruling. Licensee simultaneously filed a request for stay of execution pending the Commission’s determination of the appeal, pursuant to CRCR 6.520. Having considered the factors required by CRCR 6.520, a majority of the members of the Commission determined that the stay should be CONDITIONALLY GRANTED pending the outcome of the appeal. The stay of execution granted by the Commission shall not exceed 90 DAYS. Therefore, the Colorado Racing license of Licensee MANUEL ALMANZA, JR. is immediately reinstated for 90 DAYS. Additionally, the due of the fine assessed by Stewards’ Ruling 19-01 shall be tolled, pending the outcome of the appeal.
Name: EDDIE DWAYNE WILLIS Ruling Date: 6/3/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 19-RP-051 Ruling Type: Conduct Detrimental to Racing
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TRAINER EDDIE D. WILLIS PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR USING ABUSIVE AND PROFANE LANGUAGE TO THE SAFETY STEWARD ON 5/16/2019. MR. WILLIS IS HEREBY FINED $200.00.
Name: RAUL M RANGEL Ruling Date: 6/2/2019
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3526 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Upon being duly notified, Owner/Trainer Raul Rangel waived hearing and was fined two hundred fifty dollars by the LSP Board of Stewards for Phenylbutazone at a level of 3.3 ug/ml in test sample number LS057862 that was collected from the horse Mister Ander, the second place finisher in the sixth race at Lone Star Park on 04/27/19.

First violation in a 365 day period.

Name: DANIEL G LUNA Ruling Date: 6/2/2019
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5313 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner - Trainer Daniel G. Luna was duly noticed and waived his right to a formal hearing before the Lone Star Park Board of Stewards on 6/1/19, and his right to appeal.

Mr. Luna is hereby fined five hundred ($500.00) dollars because a post-race serum sample (SH066191) taken from his horse, Waving Cartel the second place finisher in the first race at Sam Houston Race Park on 5/10/19, tested positive for Phenylbutazone at a level of 0.83 +/- 0.5 mg/ml and Flunixin at a level of 3.79 +/- 0.3 ng/ml, a Class 3 Stacking violation.

First violation in this category within 365 days.

Name: Paul Brent Davies Ruling Date: 6/2/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-25 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule 458(2)© Exaggerated hand motions
Name: Paul Brent Davies Ruling Date: 6/2/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-25-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-25 - Ruling Final Outcome
Name: GERRY JOHN HUDON Ruling Date: 6/1/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-22 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule 458 (2)(g)(b) more than 3 strikes before 7/8/ mile pole
Name: GERRY JOHN HUDON Ruling Date: 6/1/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-22-FO Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-CENT-22 - Ruling Final Outcome
Name: PAYTON D YOUNG Ruling Date: 6/1/2019
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5311 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner - Trainer Payton Young was duly noticed and waived his right to a formal hearing before the Lone Star Park Board of Stewards on 6/1/19, and his right to appeal.

Mr. Young is hereby fined five hundred ($500.00) dollars because a post-race serum sample (SH066207) taken from his horse, "Devonish," the winner of the first race at Sam Houston Race Park on 5/11/19, tested positive for Phenylbutazone at a level of 1.19 +/- 0.5 ng/ml and Flunixin at a level of 4.38 +/- 0.5 ng/ml, a Class 3 Stacking violation. First violation in this category within 365 days.

Name: MICHAEL EDWARD LANDERS Ruling Date: 6/1/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-10 Ruling Type: Failure to Pay Fine or Fees
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/1/2019 Suspension End: 6/5/2019
Ruling Text:
Assistant Trainer/Exercise/Pony Rider Mike Landers was fined two hundred dollars ($200.00) on May 17, 2019 ruling 46027, for falsification of his 2019-2021 IRGC license application.  Landers has not paid said fine as required in 491 IAC 4.7(1).  Therefore, Mike Landers 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 46027.  
Name: EDWARD MARTIN Ruling Date: 6/1/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19019 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: NARRATIVE: Jockey Eddie Martin Jr. is assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount, "MELODY ROSE", more than three consecutive times without pausing during the stretch run of the 4th Race at Canterbury Park on May 26, 2019 (1st whip rule violation during the Canterbury Park meet).

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

FINES ARE DUE 72 HOURS FROM THE DATE OF THE RULING

Name: PATRICK LUIS CANCHARI Ruling Date: 6/1/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19020 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Patrick Canchari is assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount, "Sax Zim Boss", more than three consecutive times without pausing during the stretch run of the 7th Race at Canterbury Park on May 31, 2019 (1st whip rule violation during the 2019 Canterbury Park meet).

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

Name: JASON LYNN OLMSTEAD Ruling Date: 5/30/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19018 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Jason Olmstead is hereby assessed a civil penalty of One Hundred Dollars ($100) for failing to have a gate workout within 60 days for first-time starter An Ivory Rose necessitating a scratch from the 1st Race on May 26, 2019, at Canterbury Park.

Minnesota Rules: 7879.0200 Authority and Duties of Stewards. Subp. 1.A. General authority of stewards. 7883.0100 Entries and Subscriptions.Subp. 16.C. Workout requirements. 7897.0130 Schedule of Fines. Subp. 6.Timetable for paying fines (within 72 hours of ruling date).

Name: GEORGE REIDER Ruling Date: 5/29/2019
Jurisdiction: Minnesota Racing Commission Facility: Running Aces Harness Park
Ruling Number: R19004 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer George Reider was fined the sum of fifty ($50.00) dollars for violation of MRC Rule #7884.0230 Subpart 7. Trainer must wear distinguishing colors, Must be registered with the USTA. No trainer permitted on the racetrack warming up unless they are properly dressed. MRC Rule #7879.0200 1 (A)(B) / Judgs Authority MRC Rule #7884.0230 Subpart 7 / Driving Colors
Name: ANDREW MAXWELL GLADD Ruling Date: 5/28/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-040 Ruling Type: Conduct Detrimental to Racing
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: ON 5/23/2019, IT COMES FOR HEARING BEFORE THE WRD BOARD OF STEWARDS THE COMPLAINT AGAINST OWNER/TRAINER ANDREW M. GLADD. AFTER HAVING BEEN NOTIFIED OF A HEARING AT WRD, HE DID APPEAR IN PERSON AND WASN'T REPRESENTED BY LEGAL COUNSEL. ON 4/17/2019, MR. GLADD WAS VERBALLY ABUSIVE AND USED VULGAR LANGUAGE WHEN ASKED BY WRD SECURITY TO PRESENT HIS CURRENT OHRC LICENSE IF HE WANTED TO ENTER THROUGH THE PADDOCK GATE. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. GLADD BE FINED $500.00.
Name: NICHOLAS JUAREZ Ruling Date: 5/26/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON5 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Nicholas Juarez is hereby fined the sum of one thousand ($1,000.00) dollars for careless riding during the running of the 10th race on May 11, 2019 resulting in a disqualification.

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

Name: DONNIE J MECHE Ruling Date: 5/26/2019
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C19017 Ruling Type: Misuse of Whip
Breed: Mixed Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Donnie Meche is hereby assessed a civil penalty of Two Hundred Dollars ($200) for prohibited use of the riding crop while striking his mount "Shot of Wine" more than three consecutive times without pausing during the stretch run of the Seventh Race at Canterbury Park on May 25, 2019 (1st whip rule violation during the 2019 Canterbury Park meet.

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

Name: ALLAN W DAVIS Ruling Date: 5/20/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-015-19 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Driver Allan Davis is fined $50.00 for a Euro Rail Rule violation in the last turn while driving Enno Hanover in the 11th race at Harrington Raceway on May 15, 2019. Enno Hanover finished 2nd and was placed 3rd (see DHRC rule: 7.6.15.2.3). All fines are to be paid within 10 days of written rule.
Name: MICHAEL EDWARD LANDERS Ruling Date: 5/17/2019
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2019-PRM-7 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: 5/17/2019 Suspension End: 6/15/2019
Ruling Text:
A hearing was held for Mike Landers on May 12, 2019 in the Steward’s Office on the backside of Prairie Meadows Racetrack and Casino.  The hearing was to determine if Mike Landers was in violation of IRGC rules of racing by failing to provide full disclosure of criminal information on his 2019-2021 IRGC license application, working without a license 2017, 2018 and 2019 and for making false and misleading statements to Security.
 
The Board received a Prairie Meadows Security Report dated 5-7-19 stating on 5-4-19 Landers had entered the Stable Gate. When Security Supervisor Kendra Sickels asked for his license, Landers produced a 2016 license. Officer Sickels told Landers his license was expired and he stated his current license was in another truck. Landers left and returned later with a new IRGC Assistant Trainer license. Landers was told that if he did not have a pony or exercise license, that he would not be able to be on horseback. Officer Sickels then called Steward Rick Evans and Evans verified that Landers would not be able to exercise or pony horses until he obtained the proper license. On 5-7-19 Security Officer/EMT Joe Shearer observed Landers exiting the Training Track on horseback.  When Shearer spoke with Landers, he presented Shearer with his currant Asst. Trainer license. Officer Shearer told Landers he could not be exercise riding if he did not have a license to do so. Landers stated that he had spoken with Steward Rick Evans and he (Evans) had told him he could exercise horses until he was able to get the proper license when the IRGC office opened.
 
The Board received an Iowa Department of Public Safety DCI Gaming Unit report dated 5-9-19 that shows a 2018 conviction for a controlled substance, an outstanding financial obligation for his possession of a controlled substance violation in the amount of $1,395.25 in Polk County, Iowa, a judgement for reimbursement to the Polk County Sheriff’s Office for room/board/medical in the amount of $555.00. Landers failed to list these convictions and his financial obligations on his 2019 IRGC license application.
 
 
Landers appeared in person for his hearing and was not represented by council. Also present was Prairie Meadows Security Officer Joe Shearer.
 
Landers testified that when he told Officer Sickels that his current license was in another truck that he did not realize that was his Oklahoma license. When asked about his statement to Officer Shearer that Steward Rick Evans had told him (Landers) that he could exercise horses until he was able to get the proper license Landers testified that he meant he needed to contact the Stewards to get his license. Landers also testified that he is making payments on outstanding financial obligations.
The Board notes that Landers had not been licensed in Iowa since 2016 and had not been licensed as an Exercise rider since 2012.
 
The Board hereby  suspends any and all licenses held by Michael Landers 15 days and is placed on probation through 2019 for working without being properly licensed for multiple years and for providing false and misleading statements to Prairie Meadows Security. Landers is to remain suspended until he provides the Board with proof that has been making payments and is current on his financial obligations. In addition Landers is assessed an administrative penalty of $200.00 for falsification of his 2019-2021 IRGC license application.
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: LARRIS HUGH ALLEN Ruling Date: 5/15/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-1 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: HRA Rule 240 - Careless Riding
Name: LARRIS HUGH ALLEN Ruling Date: 5/15/2019
Jurisdiction: Horse Racing Alberta Facility: Whoop Up Downs
Ruling Number: 2019-WUD-1-FO Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-WUD-1 - Ruling Final Outcome
Name: MIGUEL A. PEREZ Ruling Date: 5/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2019-SRP-9 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey, Miguel Perez, having been summoned and appeared before the Board of Stewards on May 13, 2019 for failure to make sufficient effort to control his mount during the running of the 7th race on May 11, 2019, at Sunray Park Racetrack while aboard “Bellelaro”.

For this violation, the Board of Stewards assessed Miguel Perez a fine in the amount of $200. The fine is to be paid on or before June 12, 2019 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found in violation of and written in accordance with: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13 (E) (3) (a) NMAC Post to Finish When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede or intimidate any other horse, it is a foul. 15.2.5.13 (E) (3) (b) NMAC Post to Finish The offending horse may be disqualified, if in the opinion of the stewards, the foul altered the finish of the race, regardless of whether the foul was accidental, willful or the result of careless riding. 15.2.5.13 (E) (3) (c) NMAC Post to Finish If the stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey. 15.2.5.13(E)(4)(a) NMAC Disqualification. When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horse as in their judgment it interfered with, or they may place it last 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: EFREN AGUILAR Ruling Date: 5/12/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-11 Ruling Type: Failure to Report or Make Correct Weight
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey EFREN AGUILAR was summoned and appeared for hearing before the Board of Stewards on May 12, 2019. The hearing was in regard to EFREN AGUILAR failing to make his assigned weight, which resulted in a late change of rider for entry “CHROME STILLETTOS” in the 3rd race on May 11, 2019, at Ruidoso Downs.

The Board of Stewards hereby fines EFREN AGUILAR in the amount of two hundred dollars ($200.00). The fine is to be paid on or before June 12, 2019, in accordance with 15.2.3.8(B)(3)(l) NMRC. Failure to pay the fine within the time prescribed will result in immediate suspension.

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

15.2.5.13(C)(1) Which states in pertinent part that “Jockeys shall report to the Jockey’s quarters at the time designated by the association. Jockeys shall report their engagements and any overweight to the clerk of scales. Jockeys shall not leave the Jockeys’ quarters, except to ride in scheduled races, until all of their riding engagements of the day have been fulfilled except as approved by the Stewards.” 15.2.5.13(C) (12) Seven pounds is the limit of overweight any horse is permitted to carry.

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: MAURO SALCEDO Ruling Date: 5/12/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2019-RUI-12 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Mauro Salcedo was summoned and failed to appear, respond, or send a jockey guild’s representative for film review regarding the 3rd race on May 5, 2019, at Sunland Park Racetrack.

The Board of Stewards hereby fines Mauro Salcedo in the amount of one hundred dollars ($100.00). The fine is to be paid on or before June 12, 2019 in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed will result in immediate suspension.

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

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

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

Name: MARCO A FLORES Ruling Date: 5/11/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2019-SRP-7 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/11/2019 Suspension End:
Ruling Text: Trainer, Marco A. Flores, is hereby summarily suspended, effective immediately, May 11, 2019 pending the outcome of his hearing scheduled for May 19, 2019, at 9:30 a.m. in the office of the Board of Stewards at Sunray Park Racetrack (39 Road 5568, Farmington, NM 87401), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Penalty B Controlled Substance, clenbuterol, found in test sample #E316350 taken from the second place finisher, “Bonafide Hero”, in the 6th race on April 19, 2019, at Sunland Park Racetrack.

In accordance with 15.2.1.9 (C)(21), Marco A. Flores 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 Marco A. Flores 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 Marco A. Flores must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

Name: MARCO A FLORES Ruling Date: 5/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2019-SRP-7-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/11/2019 Suspension End:
Ruling Text: RE: 2019-SRP-7 - Ruling Final Outcome Trainer: Marco A. Flores was duly notified and waived his right to a summary suspension and a disciplinary hearing before the Board of Stewards on May 19, 2019. The hearing was in regard to a certificate of analysis from Industrial Laboratories (the official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” at 115 pg/ml which exceeds the authorized limit of 0pg/ml in urine detected in the horse “Bonafide Hero” (Test Sample #: E316350), who finished 2nd in the 6th race on April 19, 2019, at Sunland Park Racetrack.

Patricio Venzor, was the owner of record for horse “Bonafide Hero” at the time of the incident.

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

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

    1. A 60 day suspension of all NMRC licenses starting May 11, 2019, through July 10. 2019, inclusive.
    2. A ($1000.00) One Thousand Dollar fine to be paid on or before June 18, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.

Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Bonafide Hero” was placed on the Stewards list for a minimum period of 60 days (beginning May 11, 2019). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

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

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

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

Name: JODY MARION PRUITT Ruling Date: 5/7/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 19-FMT-004 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TRAINER JODY PRUITT PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "BE DE LOCK" THE 1ST PLACE FINISHER IN THE 4TH RACE AT FMT ON 7/1/2017, FOR HAVING THE PRESENCE OF MORE THAN 2 PERMITTED NON-STEROIDAL ANTI-INFLAMMITORY DRUGS IN THE POST-RACE SERUM: PHENYLBUTAZONE, FLUNIXIN AND KETOPROFEN. IT IS THE ORDER OF THE FMT BOARD OF STEWARDS THAT JODY PRUITT SHALL BE FINED $1500.00. THE HORSE IS ORDERED DISQUALIFIED FROM 1ST PLACE AND SHALL REMAIN UNPLACED IN THE 4TH RACE.
Name: JODY MARION PRUITT Ruling Date: 5/7/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 19-FMT-003 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: OWNER/TRAINER JODY PRUITT PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "GADSDEN PURCHASE" THE 1ST PLACE FINISHER IN THE 1ST RACE AT FMT ON 6/30/2017 FOR HAVING THE PRESENCE OF MORE THAN 2 PERMITTED NON-STEROIDAL ANTI-INFLAMMITORY DRUGS IN THE POST-RACE SERUM: PHENYLBUTAZONE, FLUNIXIN AND KETOPROFEN. IT IS THE ORDER OF THE FMT BOARD OF STEWARDS THAT JODY PRUITT SHALL BE FINED $1500.00. THE HORSE IS ORDERED DISQUALIFIED FROM 1ST PLACE AND SHALL REMAIN UNPLACED IN 1ST RACE.
Name: DONALD GENE TRETT Ruling Date: 5/6/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-031 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 6/6/2019 Suspension End: 7/5/2019
Ruling Text: OWNER/TR DONALD G. TRETT PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION "MAVERICK BROWN" THE 1ST PLACE FINISHER IN THE 10TH RACE AT WRD ON 4/16/2019, TESTING POSITIVE FOR THE DRUG "CLENBUTEROL". IT IS THEREFORE, THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. TRETT HAVING A SECOND OFFENSE FOR A CATEGORY "B" SUBSTANCE IN THE PAST 365 DAYS BE FINED $1500.00 AND IS SUPENDED FOR 30 DAYS EFFECTIVE 6/6/2019 AND CONTINUING THROUGH 7/5/2019. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM 1ST PLACE AT WRD ON 4/16/2019. DURING THE TERM OF SUSPENSION FOR MR. TRETT, HE IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACETRACKS AND PUBLIC AREAS COMING UNDER OHRC JURISDICTION.
Name: JAIME ALBERTO JOHNSTON Ruling Date: 4/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-260 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: Applicant Jaime Johnston having applied for a groom’s license on April 23, 2019 is herby denied having disclosed that he is currently on probation for a 5 year period.

Liscensee is found to be in violation of and this Ruling is written in accordance with: 16.47.1 L (e) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license.

Name: DANIEL ROBERTO RUIZ AMAYA Ruling Date: 4/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-216 Ruling Type: Misuse of Whip
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Daniel Ruiz Amaya was summoned and appeared before the Board of Stewards on April 7, 2019. The hearing was in regard to Daniel Ruiz Amaya excessive use of the whip on his mount “Clay Court” during the running of the 2nd race on April 6, 2019, at Sunland Park Racetrack.

The Board of Stewards hereby fines Daniel Ruiz Amaya in the amount of two hundred dollars ($200.00). The fine is to be paid on or before May 8, 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: JOSE IGNACIO DEHERRERA Ruling Date: 3/24/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-183 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Jose Ignacio DeHerrera; having been duly notified and appeared before the Board Of Stewards by phone to waive his right to a hearing on March 24, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drugs, Methylprednisolone and Triamcinolone Acetonide (both class 4C-Major penalty drugs) found in test sample E291722 taken from the 2nd place finisherPropagandist” following the 9th race, on January 18,2019, at Sunland Park Racetrack..

The original lab report indicated a finding of Methylprednisolone at 426 +/- 21 pg/ml in the blood, and Triamcinolone Acetonide at 215 +/- 16 pg/ml in the blood the allowable limit for both Methylprednisolone and Triamcinolone Acetonide is 100 pg/ml in the blood. (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer.

Javier M. Chavez is the owner of record for horse “Propagandist

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

AGGRAVATING FACTOR: Two 4-C major drug violations in one sample.

    1. A ($2,000) Two Thousand Dollar fine to paid on or before April 23, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

Name: FERNANDO CARRETE Ruling Date: 3/15/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-166 Ruling Type: Race Office/Track Rule Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 25 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner: Fernando Carrete , was duly notified (by security citation) and waived h is rights to a 10 day notice and a hearing before the board of Stewards on March 11, 2019. The hearing was to be in regard to Fernando Carrete parking in a restricted area for an extended time (Limit 15 Minutes) on March 11, 2019, at Sunland Park Racetrack.

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

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

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

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

Name: MARCO A FLORES Ruling Date: 3/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-138 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Marco A. Flores; having been duly notified and appeared before the Board Of Stewards on March 3, 2019, to waive his rights to a hearing in regard to a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Dexamethasone (a class 4C-Major penalty drug) found in test sample E291793 taken from the 1st place finisherPauls Special Knight” following the 6th race, on January 25,2019, at Sunland Park Race Track.

The original lab report indicated a finding of Dexamethasone at 78.9 +/- 2.2 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer.

Dianna E. Melendez is the owner of record for horse “Pauls Special Knight

For Marco A. Flores’s FIRST Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows: Aggravating Circumstances very high level of medication.

        1. A ($1,500) Fifteen Hundred dollar fine to paid on or before April 1, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

Name: CARLOS O. ALVIDREZ Ruling Date: 2/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-94 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 2/19/2019 Suspension End: 4/19/2019
Ruling Text: Trainer, Carlos O Alvidrez, is hereby summarily suspended, effective immediately, February 19, 2019 pending the outcome of his hearing scheduled for February 26, 2019, at 9:00 a.m. in the office of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Dr, Sunland Park, NM.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Penalty B Controlled Substance, clenbuterol, found in test sample #E291867 taken from the second place finisher “Streicher”, in the 2nd race on February 1, 2019, at Sunland Park Racetrack.

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

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

Name: JAIME ALBERTO JOHNSTON Ruling Date: 2/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-98 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: Applicant Jaime Johnston having applied for a groom’s license on January 27, 2019, is herby denied having failed the mandatory drug test by testing positive for Amphetamine and Methamphetamine.

Liscensee is found to be in violation of and this Ruling is written in accordance with: 16.47.1 L (e) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license.

Name: CARLOS O. ALVIDREZ Ruling Date: 2/26/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-94-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 2/19/2019 Suspension End: 4/19/2019
Ruling Text: RE: 2019-SUN-94 - Ruling Final Outcome Trainer Carlos O. Alvidrez was duly notified, appeared, waived his right to a summary suspension hearing and proceeded to his disciplinary hearing before the Board Of Stewards on February 24, 2019. The hearing was in regard to a certificate of analysis from Industrial Laboratory (official testing laboratory for the NMRC) for a confirmed positive for the controlled substance and prohibited drug Class 3 Penalty B Controlled Substance, clenbuterol, found in test sample #E291867 taken from the second place finisher, “Streicher”, in the 2nd race on February 1, 2019, at Sunland Park Racetrack.

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

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

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

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

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

Name: Ryne Andrew Valerio Ruling Date: 1/29/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-58 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Assistant Racing Secretary License issued to Ryne Valerio is herby rescinded without prejudice as he is no longer employed in that capacity.

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: JAMES T SPICER Ruling Date: 1/24/2019
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #19-0007 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: James T. Spicer (D.O.B. 12/2/1953)

After waiving your right to a hearing before the Board of Stewards you are hereby fined TWO HUNDRED ($200.00) DOLLARS for your disorderly conduct, display of temper and use of offensive and profane language that occurred after the running of the seventh race on December 28, 2018 at Turfway Park. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).

810 KAR 1:025 Section 14, subsection (x) 5. 8.

By Order of the Stewards

Name: Christopher George Currie Ruling Date: 1/20/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-4 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: 1/20/2019 Suspension End: 6/13/2019
Ruling Text:
Susp 30 days failing drug policy
Name: Christopher George Currie Ruling Date: 1/20/2019
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2019-CENT-4-FO Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: 1/20/2019 Suspension End: 6/13/2019
Ruling Text: RE: 2019-CENT-4 - Ruling Final Outcome
Name: MICHAEL VINCENT PINO Ruling Date: 1/16/2019
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 19MON1 Ruling Type: Update Previous Ruling
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 5/4/2019 Suspension End: 5/19/2019
Ruling Text: By Ruling 18MON52 the Board of Stewards at Monmouth Park found trainer Michael V. Pino in violation of N.J.A.C. rules 13:70-14A.6 (Trainers), 13:70-14A.9f (3) in part-Administration of non-steroidal anti-inflamatory drugs, and 13:70-20.7 (Trainers Responsibility) in connection with the presence of both Phenylbutazone and Flunixin in the sample taken from the horse "RAVISH" who finished 3rd in the eighth race on August 12, 2018 at Monmouth Park.

Trainer Pino was issued a five hundred ($500.00) dollar fine and fifteen day suspension to be served at the start of the 2019 New Jersey Thoroughbred season, to be determined.

Therefore Trainer Michael V. Pino is ordered to serve his fifteen suspension May 4, 2019 through and including May 18, 2019. During the term of his suspension Mr. Pino is denied access to all grounds under the jurisdiction of the New Jersey Racing Commission for any and all purposes.

Related Ruling: 18MON52

Name: LYMON PERREN Ruling Date: 11/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-217 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 6/28/2019 Suspension End: 7/11/2019
Ruling Text: Trainer Lymon Perren was duly notified and responded telephonically for a hearing before the Board of Stewards on November 19, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “All Trumped Up” (Test Sample #: E276557), who finished SECOND place in the 18th race on July 18, 2018, at The Downs at Albuquerque. On October 25, 2018, clenbuterol was confirmed in the urine of the split sample sent to TVMDL.

Kevin R. Owens, the owner of record for horse “All Trumped Up”, was duly notified and failed to appear for this hearing. This is Kevin R. Owens’s FIRST Class 3B medication violation in a 365-day period.

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

    1. A 30 day suspension of all NMRC licenses starting , November 29, 2018 through December 28, 2018, inclusive.
    2. A ($750.00) seven hundred and fifty dollar fine to paid on or before December 19, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

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

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

Name: LYMON PERREN Ruling Date: 11/28/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-217-ASC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 6/28/2019 Suspension End: 7/11/2019
Ruling Text: RE: 2018-ZIA-217 - Appeal Submitted to Commission
Name: Mike Augustine Archuleta Ruling Date: 10/29/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-156 Ruling Type: Reinstatement to Good Standing in State
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: MIKE AUGUSTINE ARCHULETA is hereby restored to good standing (ruling 656613, written on 12/30/11) on October 29, 2018, after fulfilling his financial obligation to Stanley Equine Practice in the amount of $4,603.64.
Name: ANGEL S ARROYO Ruling Date: 8/30/2018
Jurisdiction: New Jersey Racing Commission Facility: Monmouth Park
Ruling Number: 18MON38 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Jockey Angel Arroyo is hereby fined one hundred ($100.00) dollars for failing to fulfill his riding engagement on Sunday, August 25, 2018 in the 5th race necessitating a late rider change.
 
Violation of NJAC Rule 13:70-9.14 "REPORTING TO THE JOCKEY ROOM"- Every jockey who is engaged to ride in a race shall report to the jockey room at the time required by the Clerk of Scales. He or she shall then report any over- weight to the Clerk of Scales and thereafter shall not leave the jockey room until all his or her engagements have been fulfilled, except with the permission of the Stewards.
Name: TY JOHN REMINGTON Ruling Date: 6/13/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 18-FMT-026-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 6/7/2019 Suspension End: 8/20/2019
Ruling Text: RE: 18-FMT-026 - Ruling Final Outcome 19-FMT-058 BY AGREEMENT BETWEEN THE TWO PARTIES, THE RP BOARD OF STEWARDS STATE THAT THE LICENSE ISSUED TO MR. REMINGTON SHALL BE SUSPENDED FOR 90 DAYS AND FINED $1500.00, AND THE HORSE IS DISQUALIFIED FROM THE 9TH RACE ON 7/5/2018. MR. REMINGTON'S SUMMARY SUSPENSION WAS SET ASIDE AFTER SERVING 15 DAYS FROM 7/27/2018 THROUGH 8/10/2018. ADDITIONALLY MR. REMINGTON WILL BE SUSPENDED FOR 75 DAYS BEGINNING 6/7/2019 AND CONTINUING THROUGH 8/20/2019. THE HORSE SHALL REMAIN DISQUALIFIED AND UNPLACED IN THE 9TH RACE AT FMT ON 7/5/2018.
Name: TY JOHN REMINGTON Ruling Date: 8/28/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 18-FMT-026 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 6/7/2019 Suspension End: 8/20/2019
Ruling Text: A REPORT HAS BEEN RECEIVED STATING URINE SAMPLE COLLECTED FROM THE HORSE, "AM OPEN MY SECRET" THAT PLACED 2ND IN THE 9TH RACE ON 7/5/2018, TESTED POSITIVE FOR THE PROHIBITED SUBSTANCE, "CLENBUTEROL". THE FMT BOARD OF STEWARDS FINDS THAT THE PUBLIC HEALTH, SAFETY AND WELFARE IS AT RISK AND REQUIRES EMERGENCY ACTION. THEREFORE, OWNER/TRAINER TY REMINGTON IS HEREBY SUMMARILY SUSPENDED EFFECTIVE 7/27/2018 AND CONTINUING PENDING A HEARING AND FINAL DETERMINATION. DURING THE TERM OF MR. REMINGTON'S SUSPENSION, HE IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACETRACKS AND PUBLIC AREAS UNDER OHRC JURISDICTION.
Name: TY JOHN REMINGTON Ruling Date: 8/28/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 18-FMT-026-CC Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 6/7/2019 Suspension End: 8/20/2019
Ruling Text: RE: 18-FMT-026 - Case Continued 18-FMT-026A ON 8/1/2018 THE MATTER COMES BEFORE THE BOARD OF STEWAARDS AT RP ON THE SHOW CAUSE HEARING HELD PURSUANT TO THE ORDER OF THE BOARD SUMMARILY SUSPENDING THE LICENSE OF OWNER/TR TY JOHN REMINGTON FOLLOWING RECEIPT OF A FINAL REPORT AND AFFIDAVIT REFLECTING A POSITIVE TEST RESULT FROM THE HORSE, "AM OPEN MY SECRET". UPON HEARING TESTIMONY AND STATEMENTS OF LICENSEE AND COUNSEL, THE BOARD OF STEWARDS FINDS THAT THE ORDER OF SUMMARY SUSPENSION ENTERED HEREIN ON 7/25/2018 SHOULD BE SET ASIDE PENDING A HEARING ON THE MERITS OF THIS MATTER TO BE SET AT A LATER DATE.
Name: CARLOS O. ALVIDREZ Ruling Date: 8/25/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-135 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Carlos Alvidrez was duly notified and appeared with translator Joel Valeriano for a hearing before the Board of Stewards on August 25, 2018. The hearing was in regard to a confirmed positive for the therapeutic drugs Dexamethasone (class 4 penalty category C MAJOR drug), Phenylbutazone, and Flunixin (a stacking violation for class 4 Penalty C minor, 15.2.6.9(N)(6)NSAIDS), found in test sample E282400. The test sample was taken from the second place finisher Mountain Party” following the 1st race on June 29, 2018, at Ruidoso Downs, NM.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Phenylbutazone at .84±.03 micrograms per milliliter in the blood and Flunixin at 16±.6 nanograms per milliliter in the blood. Dexamethasone at 136±2.2 pg/ml in the blood (the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3)). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Carlos Alvidrez.

Cuauhtemoc Anguinan and Christina Anguiano, the owners of record for horse “Mountain Party”, were duly notified and failed to appear for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this their FIRST Class 4C MAJOR and FIRST class 4C MINOR medication violation in a 365-day period .

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

    1. For the Dexamethasone violation - A ($1,000) one thousand dollar fine to paid on or before September 25, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time may result in an immediate suspension.
    2. For the Phenylbutazone and Flunixin stacking violation- A ($500) five hundred dollar fine to paid on or before September 25, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time may result in an immediate suspension.

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

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

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

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

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

By Order of The Sunland Park Stewards

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

Name: EUSEBIO V SANCHEZ Ruling Date: 4/18/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-249-AFF Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF: OWNER EUSEBIO V. SANCHEZ ID # 7076 RULING #2018-SUN-249 FOR POSITIVE SAMPLE #NM29819 HORSE “TALEAS PRIDE” 2018-SUN-249-AFF

DECISION AND ORDER

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

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

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

Date: April 18, 2019 Signed by: Chairman Ray Willis

Name: CARLOS O. ALVIDREZ Ruling Date: 2/6/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-236-MODPEN Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/8/2018 Suspension End: 5/8/2018
Ruling Text: RE: 2018-SUN-236 - Modified Penalty; BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO IN THE MATTER OF TRAINER CARLOS O. ALVIDREZ, ID #31447 OWNER JAIME BUJANDA PAYAN, ID #34399 RULING NUMBER 2018-SUN-236 HORSE: “TEMPTING COLT” AMENDED DECISION AND ORDER THIS MATTER came before the New Mexico Racing Commission (“Commission”) on November 15, 2018 and January 17, 2019 for a decision in the above-captioned matter pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act. A hearing on the merits was held on September 20, 2018 before the Honorable Kevin L. Fitzwater, appointed by the Commission to act as the Hearing Officer in this matter. Daniel A. Marquez, Esq., appeared on behalf of Respondents Carlos Alvidrez and Jaime Bujanda Payan. Assistant Attorney General Ismael Camacho appeared on behalf of the Commission. The hearing was transcribed by Debra L. Williams of Williams & Associates Reporting, LLC, and the transcripts are in the custody of the New Mexico Racing Commission. A quorum of the Commission, having familiarized itself with the transcript of the September 20, 2018 hearing, the Hearing Officer’s Report, and the exhibits admitted into evidence, adopted Hearing Officer Fitzwater’s Findings of Fact and Conclusions of Law as follows: FINDINGS OF FACT 1. On January 19, 2018, the horse "Tempting Colt" raced in the eighth (8th) race at Sunland Park Racetrack located in Sunland Park, New Mexico, finishing in first (1st) place. [Exhibit 4]. 2. On that day, licensee Carlos Alvidrez was the trainer of the trainer of the horse "Tempting Colt." [Exhibit 4, Dr. Ashby's testimony, TP page 33, lines 2-8; pages 34, lines 24-25; page 35, line 1; and Melodie Ryan testimony, TP page 56, lines 4-7. 3. On that day, Jaime Bujanda Payan was the owner of "Tempting Colt". [Exhibit 4, Exhibit 7, Melodie Ryan testimony page 56, line 3.] 4. Upon completion of the 8th race at Sunland Park Racetrack, "Tempting Colt" was designated by the racetrack Board of Stewards to have a urine sample taken at the test barn. [Dr. Ashby testimony, page 40, lines 2-5; page 41, lines 14-17]. 5. A urine sample was collected from "Tempting Colt" in the test barn. The sample was assigned the code #NM 28635 (“Sample #NM 28635”). [Exhibit 6; Dr. Ashby testimony page 15, lines 5-18; page 17, lines 20-24; page 18. lines 3-5; page 49, lines 18-25; Bugarin testimony page 132, lines 17-18]. 6. "Tempting Colt" was tested in conformity with established procedures under the supervision of Dr. Ashby. [Exhibit 6; Dr. Ashby testimony page 10, lines 21-22.] 7. The taking, packaging and sealing of the Sample #NM 28635 were witnessed at all times by a representative of the Trainer, Carlos Alvidrez, and was supervised by Dr. Ashby. [Exhibit 6; Dr. Ashby testimony page 14, lines 1-9; page 15, lines 1-3]. 8. After being sealed, Sample #NM 28635 was stored in a locked cooler. The cooler was stored in a locked freezer within a locked office inside the secured test barn. The cooler remained so stored until the Sample #NM 28635 was shipped. [Exhibit 3, page 8; Dr. Ashby testimony page 14, lines 8-9; page 17, lines 1-5; pages 31, lines 14-15; page 32, line 1; Dr. Moeller testimony, page 98, lines 1-3 and 12-25]. 9. The integrity of the chain of custody of Sample #NM 28635 was maintained throughout. [Id.] 10. Sample #NM 28635 was shipped via UPS bonded courier to the Equine Analytical Chemistry Laboratory at the University of California, Davis (the "Laboratory.") [Exhibit 1; Exhibit 3, page 5-9; Dr. Moeller testimony, page 96, lines 18-20.] 11. Upon receipt, the Laboratory tested urine Sample #NM 28635. [Dr. Moeller testimony page 101, lines 2-24]. 12. Using established procedures and protocol, the Laboratory screened Sample #NM 28635 for the presence of drugs by the method of liquid chromatography/ mass spectrometry. [Exhibit 3, Dr. Moeller testimony, page 102, lines 1-25.] 13. The Laboratory identified the presence of Clenbuterol in Sample #NM 28635. [Exhibit 3; Dr. Moeller testimony page 103, lines 14-18.] 14. On January 19, 2018, Clenbuterol was a banned substance pursuant to 15.2.6.9(C)(4) NMAC. [Exhibit 3] 15. By letters dated February 7, 2018, notice was provided individually to Trainer Carlos O. Alvidrez and Owner Jaime Bujanda Payan, informing each of the positive test for Clenbuterol and of potential disciplinary penalties as a result. [Exhibit 7] 16. Trainer Carlos O. Alvidrez was informed of his right to have a split sample tested. [Id.] 17. No evidence was introduced that the Trainer requested a split sample to be tested. CONCLUSIONS OF LAW A. This matter came properly before the Commission in accordance with NMSA 1978, Sections 60-1A-4(A)(8)(2007) and 60-1A-5(C)(2007) and the Hearing Officer held this as a de novo hearing. B. Notice was properly given, and the Commission has jurisdiction over the Respondents. C. The Commission rules are intended to "protect the integrity of horse racing, to ensure the health and welfare of race horses and to safeguard the interests of the public and the participants in racing." 15.2.6.6 NMAC. D. A positive test for a prohibited drug, medication or substance is prima facie evidence of a violation, as reported by a Commission approved laboratory, absent substantial evidence to the contrary. 15.2.6.ll(A) NMAC. E. Any level of Clenbuterol is prohibited from being present in race horses. NMSA 1978, Section 60-lA-11(E) and 15.2.6.9 NMAC. F. The presence of Clenbuterol in the sample is prima facie evidence of a violation. NMSA 1978 Section, 60-lA-ll(E), 15.2.6.9 NMAC and 15.2.6.ll(A) NMAC. G. The Trainer is the "absolute insurer" of the condition of the horse entered in an official race and is responsible for the presence of any prohibited drug, medication or other substance. 15.2.6.ll(A) NMAC. H. Test results are admissible upon the Prosecution establishing the identity of the sample with reasonable certainty. Claridge v. New Mexico State Racing Comm'n, 1988-NMCA-056, 107 N.M. 632, 763 P.2d 66. I. Sample #NM 28635 tested positive for Clenbuterol, a violation of 15.2.6.9(C)(4) NMAC. J. The penalty for a trainer's first Class 3B violation is a minimum 15-day suspension absent mitigating circumstances and a minimum fine of $500 absent mitigating circumstances. 15.2.6.9(B)(2). K. The penalty for an owner's third lifetime Class 3B violation is disqualification, loss of purse, and, in the absence of mitigating circumstances, a $5,000 fine. 15.2.6.9(B)(2). L. There are no mitigating circumstances. AMENDED ORDER IT IS THEREFORE ORDERED A. Respondent Trainer Carlos O. Alvidrez and the horse “Tempting Colt” shall be assessed the following penalties for the positive test of Clenbuterol present in Sample #NM 28635 on January 19, 2018: I. A fine in the amount of seven hundred fifty dollars ($750), which has been paid; II. A sixty-day (60) day suspension (already served). B. Respondent Owner Jaime Bujanda Payan and his horse “Tempting Colt” shall be assessed the following penalties for the positive test of Clenbuterol present in Sample #NM 28635 on January 19, 2018: I. A fine in the amount of five thousand dollars ($5000), which has been paid; II. The horse “Tempting Colt” will be placed on the Stewards list for a period of sixty (60) days (already served); III. The horse “Tempting Colt” will be disqualified for the 8th race on January 19, 2018 at Sunland Park Racetrack; and IV. Loss of the purse for the 8th race on January 19, 2018 at Sunland Park Racetrack. This Decision and Order shall be served upon Respondents in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. IT IS SO ORDERED. Date: ____________ Chairman Willis:__________________________________
Name: CARLOS O. ALVIDREZ Ruling Date: 4/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-236-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/8/2018 Suspension End: 5/8/2018
Ruling Text: RE: 2018-SUN-236 - Appeal Submitted
Name: JAIME BUJANDA Ruling Date: 12/18/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-237-ASC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-237 - Appeal Submitted to Commission
Name: CARLOS O. ALVIDREZ Ruling Date: 12/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-236-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/8/2018 Suspension End: 5/8/2018
Ruling Text: RE: 2018-SUN-236 - Penalty Affirmed - this matter went befor the full Commission on November 15, 2018.

BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO

IN THE MATTER OF TRAINER CARLOS O. ALVIDREZ, ID #31447 OWNER JAIME BUJANDA PAYAN, ID #34399 RULING NUMBER 2018-SUN-236 HORSE: “TEMPTING COLT”

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) on November 15, 2018 for a decision in the above-captioned matter pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act. A hearing on the merits was held on September 20, 2018 before the Honorable Kevin L. Fitzwater, appointed by the Commission to act as the Hearing Officer in this matter. Daniel A. Marquez, Esq., appeared on behalf of Respondents Carlos O. Alvidrez and Jaime Bujanda Payan. Assistant Attorney General Ismael Camacho appeared on behalf of the Commission. The hearing was transcribed by Debra L. Williams of Williams & Associates Reporting, LLC, and the transcripts are in the custody of the New Mexico Racing Commission. A quorum of the Commission, having familiarized itself with the transcript of the September 20, 2018 hearing, the Hearing Officer’s Report, and the exhibits admitted into evidence, adopted Hearing Officer Fitzwater’s Findings of Fact and Conclusions of Law as follows:

FINDINGS OF FACT

      1. On January 19, 2018, the horse "Tempting Colt" raced in the eighth (8th) race at Sunland Park Racetrack located in Sunland Park, New Mexico, finishing in first (1st) place. [Exhibit 4].

2. On that day, licensee Carlos O. Alvidrez was the trainer of the horse "Tempting Colt." [Exhibit 4, Dr. Ashby's testimony, TP page 33, lines 2-8; pages 34, lines 24-25; page 35, line 1; and Melodie Ryan testimony, TP page 56, lines 4-7.

3. On that day, Jaime Bujanda Payan was the owner of "Tempting Colt". [Exhibit 4, Exhibit 7, Melodie Ryan testimony page 56, line 3.] 4. Upon completion of the 8th race at Sunland Park Racetrack, "Tempting Colt" was designated by the racetrack Board of Stewards to have a urine sample taken at the test barn. [Dr. Ashby testimony, page 40, lines 2-5; page 41, lines 14-17]. 5. A urine sample was collected from "Tempting Colt" in the test barn. The sample was assigned the code #NM 28635 (“Sample #NM 28635”). [Exhibit 6; Dr. Ashby testimony page 15, lines 5-18; page 17, lines 20-24; page 18. lines 3-5; page 49, lines 18-25; Bugarin testimony page 132, lines 17-18].

6. "Tempting Colt" was tested in conformity with established procedures under the supervision of Dr. Ashby. [Exhibit 6; Dr. Ashby testimony page 10, lines 21-22.] 7. The taking, packaging and sealing of the Sample #NM 28635 were witnessed at all times by a representative of the Trainer, Carlos O. Alvidrez, and was supervised by Dr. Ashby. [Exhibit 6; Dr. Ashby testimony page 14, lines 1-9; page 15, lines 1-3]. 8. After being sealed, Sample #NM 28635 was stored in a locked cooler. The cooler was stored in a locked freezer within a locked office inside the secured test barn. The cooler remained so stored until the Sample #NM 28635 was shipped. [Exhibit 3, page 8; Dr. Ashby testimony page 14, lines 8-9; page 17, lines 1-5; pages 31, lines 14-15; page 32, line 1; Dr. Moeller testimony, page 98, lines 1-3 and 12-25].

9. The integrity of the chain of custody of Sample #NM 28635 was maintained throughout. [Id.]

10. Sample #NM 28635 was shipped via UPS bonded courier to the Equine Analytical Chemistry Laboratory at the University of California, Davis (the "Laboratory.") [Exhibit 1; Exhibit 3, page 5-9; Dr. Moeller testimony, page 96, lines 18-20.] 11. Upon receipt, the Laboratory tested urine Sample #NM 28635. [Dr. Moeller testimony page 101, lines 2-24]. 12. Using established procedures and protocol, the Laboratory screened Sample #NM 28635 for the presence of drugs by the method of liquid chromatography/ mass spectrometry. [Exhibit 3, Dr. Moeller testimony, page 102, lines 1-25.] 13. The Laboratory identified the presence of Clenbuterol in Sample #NM 28635. [Exhibit 3; Dr. Moeller testimony page 103, lines 14-18.] 14. On January 19, 2018, Clenbuterol was a banned substance pursuant to 15.2.6.9(C)(4) NMAC. [Exhibit 3] 15. By letters dated February 7, 2018, notice was provided individually to Trainer Carlos O. Alvidrez and Owner Jaime Bujanda Payan, informing each of the positive test for Clenbuterol and of potential disciplinary penalties as a result. [Exhibit 7] 16. Trainer Carlos O. Alvidrez was informed of his right to have a split sample tested. [Id.]

17. No evidence was introduced that the Trainer requested a split sample to be tested.

CONCLUSIONS OF LAW

      1. This matter came properly before the Commission in accordance with NMSA 1978, Sections 60-1A-4(A)(8)(2007) and 60-1A-5(C)(2007) and the Hearing Officer held this as a de novo hearing.
      2. Notice was properly given, and the Commission has jurisdiction over the Respondents.

C. The Commission rules are intended to "protect the integrity of horse racing, to ensure the health and welfare of race horses and to safeguard the interests of the public and the participants in racing." 15.2.6.6 NMAC. D. A positive test for a prohibited drug, medication or substance is prima facie evidence of a violation, as reported by a Commission approved laboratory, absent substantial evidence to the contrary. 15.2.6.ll(A) NMAC. E. Any level of Clenbuterol is prohibited from being present in race horses. NMSA 1978, Section 60-lA-11(E) and 15.2.6.9 NMAC. F. The presence of Clenbuterol in the sample is prima facie evidence of a violation. NMSA 1978 Section, 60-lA-ll(E), 15.2.6.9 NMAC and 15.2.6.ll(A) NMAC. G. The Trainer is the "absolute insurer" of the condition of the horse entered in an official race and is responsible for the presence of any prohibited drug, medication or other substance. 15.2.6.ll(A) NMAC. H. Test results are admissible upon the Prosecution establishing the identity of the sample with reasonable certainty. Claridge v. New Mexico State Racing Comm'n, 1988-NMCA-056, 107 N.M. 632, 763 P.2d 66.

I. Sample #NM 28635 tested positive for Clenbuterol, a violation of 15.2.6.9(C)(4) NMAC. J. The penalty for a trainer's first Class 3B violation is a minimum 15-day suspension absent mitigating circumstances and a minimum fine of $500 absent mitigating circumstances. 15.2.6.9(B)(2). K. The penalty for an owner's third lifetime Class 3B violation is disqualification, loss of purse, and, in the absence of mitigating circumstances, a $5,000 fine. 15.2.6.9(B)(2). L. There are no mitigating circumstances.

ORDER

IT IS THEREFORE ORDERED

      1. Respondent Trainer Carlos O. Alvidrez shall be assessed the following penalties for the positive test of Clenbuterol present in Sample #NM 28635 on January 19, 2018:
        1. A fine in the amount of one thousand dollars ($1000), of which two hundred-fifty dollars ($250) must be paid within thirty (30) days from the date of this Order pursuant to 15.2.1.9(B)(7)(f) NMAC;
        2. A sixty-day (60) day suspension of which thirty (30) days have been served. Trainer Alvidrez suspension will commence on December 20, 2018.

B. Respondent Owner Jaime Bujanda Payan and his horse “Tempting Colt” shall be assessed the following penalties for the positive test of Clenbuterol present in Sample #NM 28635 on January 19, 2018:

        1. A fine in the amount of five thousand dollars ($5000), which must be paid within thirty (30) days from the date of this Order pursuant to 15.2.1.9(B)(7)(f) NMAC;
        2. The horse “Tempting Colt” will be placed on the Stewards list for a period of sixty (60) days;
        3. The horse “Tempting Colt” will be disqualified for the 8th race on January 19,

2018 at Sunland Park Racetrack; and

IV. Loss of the purse for the 8th race on January 19, 2018 at Sunland Park Racetrack. This Decision and Order shall be served upon Respondents in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.

IT IS SO ORDERED.

Date: December 17, 2018 by Chairman Willis

Name: JAIME BUJANDA Ruling Date: 12/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-237-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-237 - Penalty Affirmed This Matter came before the full Commission on November 15, 2018.

BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO

IN THE MATTER OF TRAINER CARLOS O. ALVIDREZ, ID #31447 OWNER JAIME BUJANDA PAYAN, ID #34399 RULING NUMBER 2018-SUN-236 HORSE: “TEMPTING COLT”

DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) on November 15, 2018 for a decision in the above-captioned matter pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act. A hearing on the merits was held on September 20, 2018 before the Honorable Kevin L. Fitzwater, appointed by the Commission to act as the Hearing Officer in this matter. Daniel A. Marquez, Esq., appeared on behalf of Respondents Carlos O. Alvidrez and Jaime Bujanda Payan. Assistant Attorney General Ismael Camacho appeared on behalf of the Commission. The hearing was transcribed by Debra L. Williams of Williams & Associates Reporting, LLC, and the transcripts are in the custody of the New Mexico Racing Commission. A quorum of the Commission, having familiarized itself with the transcript of the September 20, 2018 hearing, the Hearing Officer’s Report, and the exhibits admitted into evidence, adopted Hearing Officer Fitzwater’s Findings of Fact and Conclusions of Law as follows:

FINDINGS OF FACT

      1. On January 19, 2018, the horse "Tempting Colt" raced in the eighth (8th) race at Sunland Park Racetrack located in Sunland Park, New Mexico, finishing in first (1st) place. [Exhibit 4].

2. On that day, licensee Carlos O. Alvidrez was the trainer of the horse "Tempting Colt." [Exhibit 4, Dr. Ashby's testimony, TP page 33, lines 2-8; pages 34, lines 24-25; page 35, line 1; and Melodie Ryan testimony, TP page 56, lines 4-7.

3. On that day, Jaime Bujanda Payan was the owner of "Tempting Colt". [Exhibit 4, Exhibit 7, Melodie Ryan testimony page 56, line 3.] 4. Upon completion of the 8th race at Sunland Park Racetrack, "Tempting Colt" was designated by the racetrack Board of Stewards to have a urine sample taken at the test barn. [Dr. Ashby testimony, page 40, lines 2-5; page 41, lines 14-17]. 5. A urine sample was collected from "Tempting Colt" in the test barn. The sample was assigned the code #NM 28635 (“Sample #NM 28635”). [Exhibit 6; Dr. Ashby testimony page 15, lines 5-18; page 17, lines 20-24; page 18. lines 3-5; page 49, lines 18-25; Bugarin testimony page 132, lines 17-18].

6. "Tempting Colt" was tested in conformity with established procedures under the supervision of Dr. Ashby. [Exhibit 6; Dr. Ashby testimony page 10, lines 21-22.] 7. The taking, packaging and sealing of the Sample #NM 28635 were witnessed at all times by a representative of the Trainer, Carlos O. Alvidrez, and was supervised by Dr. Ashby. [Exhibit 6; Dr. Ashby testimony page 14, lines 1-9; page 15, lines 1-3]. 8. After being sealed, Sample #NM 28635 was stored in a locked cooler. The cooler was stored in a locked freezer within a locked office inside the secured test barn. The cooler remained so stored until the Sample #NM 28635 was shipped. [Exhibit 3, page 8; Dr. Ashby testimony page 14, lines 8-9; page 17, lines 1-5; pages 31, lines 14-15; page 32, line 1; Dr. Moeller testimony, page 98, lines 1-3 and 12-25].

9. The integrity of the chain of custody of Sample #NM 28635 was maintained throughout. [Id.]

10. Sample #NM 28635 was shipped via UPS bonded courier to the Equine Analytical Chemistry Laboratory at the University of California, Davis (the "Laboratory.") [Exhibit 1; Exhibit 3, page 5-9; Dr. Moeller testimony, page 96, lines 18-20.] 11. Upon receipt, the Laboratory tested urine Sample #NM 28635. [Dr. Moeller testimony page 101, lines 2-24]. 12. Using established procedures and protocol, the Laboratory screened Sample #NM 28635 for the presence of drugs by the method of liquid chromatography/ mass spectrometry. [Exhibit 3, Dr. Moeller testimony, page 102, lines 1-25.] 13. The Laboratory identified the presence of Clenbuterol in Sample #NM 28635. [Exhibit 3; Dr. Moeller testimony page 103, lines 14-18.] 14. On January 19, 2018, Clenbuterol was a banned substance pursuant to 15.2.6.9(C)(4) NMAC. [Exhibit 3] 15. By letters dated February 7, 2018, notice was provided individually to Trainer Carlos O. Alvidrez and Owner Jaime Bujanda Payan, informing each of the positive test for Clenbuterol and of potential disciplinary penalties as a result. [Exhibit 7] 16. Trainer Carlos O. Alvidrez was informed of his right to have a split sample tested. [Id.]

17. No evidence was introduced that the Trainer requested a split sample to be tested.

CONCLUSIONS OF LAW

      1. This matter came properly before the Commission in accordance with NMSA 1978, Sections 60-1A-4(A)(8)(2007) and 60-1A-5(C)(2007) and the Hearing Officer held this as a de novo hearing.
      2. Notice was properly given, and the Commission has jurisdiction over the Respondents.

C. The Commission rules are intended to "protect the integrity of horse racing, to ensure the health and welfare of race horses and to safeguard the interests of the public and the participants in racing." 15.2.6.6 NMAC. D. A positive test for a prohibited drug, medication or substance is prima facie evidence of a violation, as reported by a Commission approved laboratory, absent substantial evidence to the contrary. 15.2.6.ll(A) NMAC. E. Any level of Clenbuterol is prohibited from being present in race horses. NMSA 1978, Section 60-lA-11(E) and 15.2.6.9 NMAC. F. The presence of Clenbuterol in the sample is prima facie evidence of a violation. NMSA 1978 Section, 60-lA-ll(E), 15.2.6.9 NMAC and 15.2.6.ll(A) NMAC. G. The Trainer is the "absolute insurer" of the condition of the horse entered in an official race and is responsible for the presence of any prohibited drug, medication or other substance. 15.2.6.ll(A) NMAC. H. Test results are admissible upon the Prosecution establishing the identity of the sample with reasonable certainty. Claridge v. New Mexico State Racing Comm'n, 1988-NMCA-056, 107 N.M. 632, 763 P.2d 66.

I. Sample #NM 28635 tested positive for Clenbuterol, a violation of 15.2.6.9(C)(4) NMAC. J. The penalty for a trainer's first Class 3B violation is a minimum 15-day suspension absent mitigating circumstances and a minimum fine of $500 absent mitigating circumstances. 15.2.6.9(B)(2). K. The penalty for an owner's third lifetime Class 3B violation is disqualification, loss of purse, and, in the absence of mitigating circumstances, a $5,000 fine. 15.2.6.9(B)(2). L. There are no mitigating circumstances.

ORDER

IT IS THEREFORE ORDERED

      1. Respondent Trainer Carlos O. Alvidrez shall be assessed the following penalties for the positive test of Clenbuterol present in Sample #NM 28635 on January 19, 2018:
        1. A fine in the amount of one thousand dollars ($1000), of which two hundred-fifty dollars ($250) must be paid within thirty (30) days from the date of this Order pursuant to 15.2.1.9(B)(7)(f) NMAC;
        2. A sixty-day (60) day suspension of which thirty (30) days have been served. Trainer Alvidrez suspension will commence on December 20, 2018.

B. Respondent Owner Jaime Bujanda Payan and his horse “Tempting Colt” shall be assessed the following penalties for the positive test of Clenbuterol present in Sample #NM 28635 on January 19, 2018:

        1. A fine in the amount of five thousand dollars ($5000), which has been paid;
        2. The horse “Tempting Colt” will be placed on the Stewards list for a period of sixty (60) days;
        3. The horse “Tempting Colt” will be disqualified for the 8th race on January 19, 2018 at Sunland Park Racetrack; and

IV. Loss of the purse for the 8th race on January 19, 2018 at Sunland Park Racetrack.

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

Date: December 17, 2018 by Chairman Willis.

Name: CARLOS O. ALVIDREZ Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-236 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/8/2018 Suspension End: 5/8/2018
Ruling Text: Trainer Carlos Alvidrez was duly notified represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 8, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Tempting Colt” (Test Sample #: NM28635), who finished 1st place in the 8th race on January 19, 2018, at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer Carlos Alvidrez.

Jaime Bujanda-Payan, the owner of record for horse “Tempting Colt”, was duly notified and represented by attorney Daniel Marquez for this hearing. This is Jaime Bujanda-Payan’s THIRD Class 3B medication violation in a lifetime.

Finding of Facts:

    • Carlos Alvidrez was the Absolute Insurer and trainer of record at the time of the violation.
    • Tempting Colt” did participate in and won the 8th race on January 19, 2018, at Sunland Park Racetrack in Sunland Park, with the prohibited drug “clenbuterol” in his system.
    • Clebuterol is zero tolerance.
    • The certificate of analysis from UC/Davis, detecting clenbuterol in sample NM28635, is Prima Facie Evidence which by definition is “evidence that, until its effect is overcome by other evidence, will suffice as proof of fact in issue” (15.2.1.7(P)(11)definitions beginning the letter “P”).
    • Carlos Alvidrez failed to request a split sample in 48 hours after being notified of the positive test. Per 15.2.6.10 (D)(2) Storage and shipment of split samples, failure to request a split sample shall be considered a positive test.

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

    1. A 30 day suspension of all NMRC licenses starting April 8, 2018, through May 7, 2018 inclusive.
    2. A ($750.00) seven hundred and fifty dollar fine to paid on or before May 8, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

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

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

Name: JAIME BUJANDA Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-237 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner Jaime Bujanda-Payan was duly notified represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 8, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Tempting Colt” (Test Sample #: NM28635), who finished 1st place in the 8th race on January 19, 2018, at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer Carlos Alvidrez.

Carlos Alvidrez, the trainer of record for horse “Tempting Colt”, was duly notified and represented by attorney Daniel Marquez for this hearing. This is Carlos Alvidrez’s FIRST Class 3B medication violation in a lifetime.

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

    1. A ($5,000.00) five thousand dollar fine to paid on or before May 8, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Tempting Colt” is placed on the Stewards list for a period of 60 days (beginning February 6, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    3. The horse “Tempting Colt” is hereby disqualified from FIRST PLACE and ordered unplaced from the 8th race on January 19, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Highest Return
                2. Southern Temptation
                3. Stoli Elit
                4. Cool Cash 123
                5. The Louisiana Rocket
                6. Sweet Splenda
                7. California Gurl
                8. Fire N Dice
                9. Frenemy
Unplaced “Tempting ColtLicensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)(1)(2)(3) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures WAn 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.
Name: JESUS J CARRETE Ruling Date: 3/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-176 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 3/27/2018 Suspension End: 4/11/2018
Ruling Text: Owner/Trainer Jesus Carrete was duly notified and represented by attorneys Carlo Fisco and Darrell Vienna before the Board of Stewards on March 2, 2018, and March 3, 2018, for a hearing that was continued at the request of Carlo Fisco and Darrell Vienna from November 6, 2017, to January 27, 2018 and then continued again to March 2, 2018, and March 3, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4 penalty category C MAJOR drug), found in test sample NM29005. The test sample was taken from the first place finisher Strykr Force” following the 2nd race (La Fiesta Futurity Trial) on September 9, 2017, at the New Mexico State Fair in Albuquerque, NM.

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

AGGRAVATING CIRCUMSTANCES

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

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

    1. A ($1,500) one thousand five hundred dollar fine to paid on or before April 17, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. A 15 day suspension of all NMRC licenses starting March 27, 2018, through April 10, 2018, inclusive.
    3. The horse “Strykr Force” must pass a commission approved veterinary examination before being eligible to enter.
    4. The horse “Strykr Force” is hereby disqualified from FIRST PLACE and ordered unplaced from the 2nd race (La Fiesta Futurity Trial) on September 9, 2017, at the New Mexico State Fair, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Legacist 4. Namgis Legendaryhero
                2. Receptor 5. My Best Return
                3. Grandmas the Boss 6. Featured Secret
Unplaced “Strykr Force” 5. Per 15.2.1.9(B)(3)(d) Positive Test Trial Race and 15.2.6.9(A)(7) Medication Violation Trial Race Penalty , The horse “Strykr Force” is hereby disqualified from FIRST PLACE and ordered unplaced from the 9th race (La Fiesta Futurity) on September 24, 2017, at the New Mexico State Fair, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Seminole Senator 5. Mr Perrys Tres SEIS
                2. Swankee 6. Receptor
                3. High Rate of Motion 7. Legacist
                4. Flashionista 8. Kiss My Ivory
Unplaced “Strykr Force” During said time of applicable suspension Jesus Carrete is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Jesus Carrete are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained by or in the care and custody of Jesus Carrete must done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION. Licensee is found to be in violation of and this ruling is written in accordance with 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards /15.2.6.9(C)(4) Medication Restrictions/15.2.6.11 Trainer Responsibility/16.47.1.10(B)(1): Absolute Insurer /15.2.6.9(B)(4)Penalty Recommendations/15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500
Name: JOSE ALBERTO CHAVEZ Ruling Date: 3/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-169 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/13/2018 Suspension End:
Ruling Text: Jockey, JOSE ALBERTO CHAVEZ, was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 13, 2018, at Sunland Park Racetrack, for failing to comply with the Parental Responsibility Act.

The Board of Stewards hereby issues a suspension any/all New Mexico Racing Commission licenses belonging to JOSE ALBERTO CHAVEZ, effective immediately March 13, 2018.

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

Licensee is found to be in violation of and this ruling is written in accordance with: 16.47.1.8(L)(1)(j) 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: demonstrates a lack of financial responsibility by accumulating unpaid obligations, defaulting on obligations or issuing drafts or checks that are dishonored, or payment refused; for the purpose of this sub-section, non-compliance with the Parental Responsibility Act shall be considered grounds for refusal, denial, suspension, or revocation of a license; the application, or license as applicable, shall be reinstated if within 30 days of the date of the notice, the applicant provides the commission with a certified statement from the department that they are in compliance with a judgment and order for support.

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

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

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

    1. A 30 day suspension of all NMRC licenses starting March 6, 2018, through April 4, 2018 inclusive.
    2. A ($750.00) seven hundred and fifty dollar fine to paid on or before April 2, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

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

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

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

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

Respondents.

DECISION AND ORDER

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

FOR THE NEW MEXICO RACNG COMMISSION

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

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

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

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

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

    1. A 45 day suspension of all NMRC licenses starting August 20, 2017, through October 3, 2017, inclusive.
    2. ($1,000) one thousand dollar fine to paid on or before September 10, 2017, in accordance with 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension, Johnny Soto is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-c), and 15.2.3.8 (B)(3)(f). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Johnny Soto are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) exclusion.Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: prima facie evidence /15.2.1.7 (P)(15) Prohibited substance/ 15.2.6.9(B)(2)Penalty recommendations. This ruling is written in accordance with Uniform Classification Guidelines for Foreign Substances, Page #18/ 15.2.6.11(A) NMAC: Trainer Responsibility/16.47.1.10(B)(1) NMAC: Absolute Insurer /15.2.3.8(B)(3)(k) NMAC: Redistribution of Purse/15.2.5.13(E)(4)(d) NMAC: Steward’s Authority for Disqualification/ 16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JOHNNY SOTO Ruling Date: 8/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-117 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/4/2017 Suspension End: 1/28/2019
Ruling Text: Trainer Johnny Soto (currently under a summary suspension, refer to rulings 2017-SUN-183 and 2017-SUN-169, concerning test sample number NM23939) was duly notified for the disciplinary hearing and appeared with attorney Daniel Marquez, before the Board of Stewards on August 5, 2017. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive of the prohibited substances “Ractopamine” (drug class 2, penalty A) and “O-Desmethyl-tramadol” (drug class 2, penalty B) detected in horse “Justified By Chicks”(Test Sample NM25130), who finished 5th place in the 10th race on March 4, 2017, at Sunland Park Racetrack in Sunland Park, NM.

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

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

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

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

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

All fines are to paid on or before September 10, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fines in prescribed time may result in an immediate suspension. During said time of applicable suspension, Johnny Soto is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21) Exclusion. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Johnny Soto are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) Exclusion. Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence/ 15.2.1.7 (P)(15) Prohibited substance /16.47.1.8 (U)(1) PROTECTION OF HORSES 16.47.1.8(U)(2)PROTECTION OF HORSES/ 15.2.6.9. B.(1)(2) Penalty recommendations This ruling is written in accordance with15.2.6.11(A) NMAC: Trainer Responsibility/ 16.47.1.10(B)(1) NMAC: Absolute Insurer / Uniform Classification Guidelines for Foreign Substances, Page #18 Tramadol/ Uniform Classification Guidelines for Foreign Substances, Page #17 Rectopamine/ 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JOHNNY SOTO Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-115-ASD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 8/20/2017 Suspension End: 10/3/2017
Ruling Text: RE: 2017-RUI-115 - Appeal Stay Denied
Name: JOHNNY SOTO Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-117-ASD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/4/2017 Suspension End: 1/28/2019
Ruling Text: RE: 2017-RUI-117 - Appeal Stay Denied
Name: JOHNNY SOTO Ruling Date: 3/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-115-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 8/20/2017 Suspension End: 10/3/2017
Ruling Text: RE: 2017-RUI-115 - Penalty Affirmed STATE OF NEW MEXICO BEFORE THE NEW MEXICO RACING COMMISSION

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

DECISION AND ORDER

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

The Horse ‘Walken to the Moon’ Sample #NM23939

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

The Horse 'Justified by Chicks' and Sample #NM25130

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

ORDER IT IS THEREFORE ORDERED

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

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

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

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

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

DECISION AND ORDER

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

Name: SHANE M SONNIER Ruling Date: 10/5/2016
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 102-2016 DE Ruling Type: Fined
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: 102-2016

Pony Person Shane Sonnier, RCI ID 940015, DOB 11/30/1973, is hereby fined the sum of One Hundred ($100.00) dollars fr a Safety Violation (Smoking in the Shed Row). Refer to D.T.R.C. Rules 5.26, 3.4.1.15 and 3.4. Fine must be paid within 48 hours.

Name: SERGIO G DOMINGUEZ Ruling Date: 8/5/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-74 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/6/2016 Suspension End: 4/26/2018
Ruling Text:
 
Licensee Sergio G Dominguez having failed to pay the fine assessed in Ruling#:  2016-RUI-10 issued on June 3, 2016 at Ruidoso Downs race track is found to be in violation of Commission rules.
 
Mr. Dominguez failed to pay his fine by July 3, 2016 in the time prescribed in accordance with  
15.2.3.8 MNAC B. Stewards.
  (3) Disciplinary action
   (l) All fines imposed by the stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered
 
For this rule violation, all licenses issued to him/her is/are suspended, and he/she will be ineligible to apply for a New Mexico Racing Commission license until the fine has been paid in full.”
Name: MANDY HAWKINS Ruling Date: 4/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-9 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: Mandy Hawkins having taken and passed the Jockey Agents test and surrendered her owners license is hereby elligible to preform the duties of a Jockeys agent.
Name: PATRICIO VENZOR Ruling Date: 11/17/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-280 Ruling Type: Race Office/Track Rule Violation
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner PATRICIO VENZOR, having telephonically appeared on this date, before the Board of Stewards regarding an ineligible entry of “A Reckless Royal” (not in the Trainer’s care at time of entry), which resulted in a scratch of said horse in the eleventh race, Saturday, November 21, 2015, at Zia Park; (The Owner of the horse “A Reckless Royal” made entry of his horse on November 14, 2015. At the time of entry, Mr. Venzor made application to transfer the horse from Trainer Carl Cunningham to another Trainer; however the application was not approved prior to entry. Mr. Cunningham stated he did not have the horse in his care/custody, and that he did not authorize the horse “A Reckless Royal” to be entered. The horse was ineligible to enter without the current Trainer being disclosed, and the transfer approved to the current Trainer).

PATRICIO VENZOR is found to be in violation of; 16.47.1.9 (A)(5) NMAC: Which states in pertinent part “Licensed Owners are responsible for disclosure of true and entire Ownership of each of their horses registered with the Racing Secretary. Any change in Ownership or Trainer of a horse registered with the Racing Secretary must be approved by the Stewards”.

16.47.1.10 (C)(17) NMAC: Which states in pertinent part “The Trainer is responsible for representing an Owner in making entries and scratches and in all other matters pertaining to racing”.

(Additional verbiage included in the 2015 Zia Park Condition book states “All registration certificates within 7 days after arrival. Registration certificates will not be accepted during entry hours, nor will transfers, bills of sale, etc must be handled after the draw has been concluded”).

This ruling is in accordance with: 15.2.3.8 (B)(2) NMAC: Which states in pertinent part “An entry shall be made in the name of the horse’s licensed Owner, and made by the Owner, Trainer, or a licensed designee of the Owner or Trainer”.

For this rule violation, the Board of Stewards assessed PATRICIO VENZOR a penalty in the amount of one hundred dollars ($100.00).The fine is to be paid on or before December 17, 2015, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

BY ORDER OF THE ZIA PARK BOARD OF STEWARDS

Name: MAGGIE ALDAVAZ Ruling Date: 6/10/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-385-REST 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: RE: 2014-SUN-385 - Restored to Good Standing No Longer employed with NMRC
Name: MAGGIE ALDAVAZ Ruling Date: 12/6/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-385 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 Commission Staff license issued to Maggie Aldavaz is hereby rescinded. Mrs. Aldavaz is not currently working in this capacity.

Additionally, should Mrs. Aldavaz desire to work in as a Commission Staff in the future, she will need to seek approval of the New Mexico Racing Commission prior to working in this capacity.

This ruling is in accordance with:

15.2.3.8 (A)(1) NMAC: Which states in pertinent part “To qualify as a racing official, the applicant shall be of good character and reputation, demonstrate experience in flat racing, be familiar with the duties of the position, and with the Commission’s rules of flat racing, and show an ability to fulfill the requirements of the position.

15.2.3.8(A)(2) NMAC: Which states in pertinent part “The Commission, in its sole discretion, may determine the eligibility of a racing official and, in its sole discretion, may approve or disapprove any such official for licensing”.

(Mrs. Aldavaz currently holds an Owner's license, and acts in this capacity).
Name: HERMENEGILDO G ALDAVAZ Ruling Date: 5/29/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3511814 Ruling Type: Penalty Affirmed
Breed: Mixed Division: Horse
Fine Amount: $ 3000 Fine Paid: Y
Suspension Start: 5/29/2014 Suspension End: 9/1/2015
Ruling Text: BEFORE THE NEW MEXICO RACING COMMISSION OF THE STATE OF NEW MEXICO IN THE MATTER OF TRAINER HERMENEGILDO G. ALDAVAZ (LIC NO. 560834) FOR POSITIVE SAMPLE #NM02098 IN HORSE "FLASHING NOTES." RULING: 3511814 DECISION AND ORDER WHEREAS, this matter came before a quorum of the New Mexico Racing Commission ("Commission") on May 15, 2014, on review of a hearing officer's report by the above-named Appellant; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, the Commission reviewed the hearing officer's report and all related hearing material; WHEREAS, the hearing officer's report is attached to this Decision and Order; WHEREAS, the Commission unanimously voted to adopt the hearing officer's findings of fact and conclusions of law; WHEREAS, the Commission finds that Appellant's actions constitute violations of New Mexico Racing Commission Rules; WHEREAS, the Commission finds there is sufficient evidence to support findings of violations made by Appellant; WHEREAS, the Commission unanimously voted to adopt the penalty recommendations of the Hearing Officer. IT IS THEREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance, in a horse trained by him. As such, Appellant shall be assessed the following penalties: I. A fine in the amount of twenty-five thousand dollars ($25,000.00); and II. A three (3) year suspension; This Decision and Order shall be served upon Appellant in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. FOR THE NEW MEXICO RACING COMMISSION Date: ____________ _________________________________ Robert Doughty III Chairman
Name: HERMENEGILDO G ALDAVAZ Ruling Date: 9/4/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 3511814-REST Ruling Type: Penalty Affirmed
Breed: Mixed Division: Horse
Fine Amount: $ 3000 Fine Paid: Y
Suspension Start: 5/29/2014 Suspension End: 9/1/2015
Ruling Text:
RE: 3511814 - Restored to Good Standing- Appellant appealed to District Court- AG settled this case and Appellant
dropped appeal - Restored to Good Standing - has until September 21, 2015 to pay 3,000 fine. Please see attached document



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