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. >4/15/2018<

290 Total Rulings compiled at: 4/20/2018 11:37:09 PM G.M.T.

Name: MARY JOANNA BOGGS Ruling Date: 4/20/2018
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2018-CT-24 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer, M. Joanna Boggs Permit #13032 On April 20, 2018, the Board of Stewards offered a hearing to Owner/Trainer, M. Joanna Boggs, Permit #13032, SS (xxx-xx-6225) to which she waived her right to a hearing regarding a medication violation pertaining to his horse “Gingers Hero” who finished first (1st) in the sixth (6th) race on Saturday, April 07, 2018. The Stewards hereby find the following: The official blood sample #262230, taken on 4/07/18 was reported by Industrial Laboratories, the official testing laboratory, to contain Methocarbamol which is a Class 4 drug, with a C Penalty, designation. The permissible threshold for Methocarbamol is 1 ng/ml in blood. Sample #262230 contained 7.16 +/-0.13 ng/ml of the drug, which is above the permissible threshold for this drug. The sample was taken from the Fifth (5) horse, “Gingers Hero”, which ran in the 6th Race on 4/07/18, finishing First (1st). Mrs. Boggs elected not to have a split sample tested. Pursuant to 178 W. Va. C.S.R. 1, Table 178-1 F, the post-race threshold for Methocarbamol is 1 ng.ml in the blood. Because the amount of Methocarbamol in “Gingers Hero” exceeded the acceptable threshold set forth in Table 178-1 F, Mrs. Boggs may be held responsible and her occupational permit disciplined pursuant to 178 W. Va. C.S.R. 1, sections 49.a.1. and 51.1.a. The Methocarbamol positive in “Gingers Hero” is Mrs. Boggs’ First Offense in this category for a medication/substance violation in a 365 day period. The permit holder has accumulated 0 points under the multiple medication violation point system as a result of the issuance of. Mrs. Boggs is assessed ½ point for this Methocarbamol medication/substance violation pursuant to section 49.3.m. of 178 of W.Va.C.S.R.1. Based on the above, the Stewards hereby impose the following penalty for the underlying offense: Mrs. Boggs’ horse “Gingers Hero” will be disqualified from all purse money and will have a total of ½ points on her record. With the Methocarbamol positive being first medication violation in 365 day. Mrs. Boggs’ is fined $1000 dollars.

The horse “Gingers Hero” is disqualified from all purse money; Re-Distribution is as following. 1. #1 Corky Lemon 2. #2 Relentless Strike 3. #7 Catcher 4. #4 Bold Again 5. #3 Chatter Pattern 6. #6 James Alex

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

Name: WILLIAM SHADRICK SEATON Ruling Date: 4/20/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-037 Ruling Type: Employment Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: ASSISTANT RACING OFFICIALWILLIAM SHAD SEATON PLED "NO CONTEST" FOR FAILING TO OBTAIN HIS EXERCISE RIDERS LICENSE ON 3/26/2018 PRIOR TO WORKING IN HIS VOCATION WITHIN THE ENCLOSURE OF WRD. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. SEATON BE FINED $100.00.
Name: JOSE CARMEN ESPINOZA Ruling Date: 4/20/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-021 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: OWNER/TR JOSE C. PEREZ-ESPINOZA HAS PLED GUILTY AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "EL MALKERIDO" THE 1ST PLACE FINISHER IN THE 8TH RACE AT RP ON 3/25/2018, TESTING POSITIVE FOR THE DRUG, "DEXAMETHASONE" AT A QUANTITATIVE LEVEL. IT IS THE ORDER OF THE RP STEWARDS THAT MR. PEREZ-ESPINOZA BE FINED $500.00. THE HORSE IS ORDERED DISQUALIFIED FROM THE 1ST PLACE AND SHALL REMAIN UNPLACED IN THE 8TH RACE AT RP ON 3/25/2018.
Name: KELLI LINN MARTIN Ruling Date: 4/20/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-040 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 10/20/2017 Suspension End: 10/19/2018
Ruling Text: ON 4/12/2018, THE MATTER COMES ON FOR THE MODIFICATION OF ORDER #17-WRD-064. THE WRD STEWARDS ON BEHALF OF THE FMT BOARD OF STEWARDS HAVE CONSULTED AND REACHED AN AGREEMENT WITH OWNER/TR KELLI MARTIN, WHO WAS NOT REPRESENTED BY COUNSEL. MS MARTIN ENTERED AND RACED THE HORSE, "ITSJESSAGAME" WHICH WAS THE 2ND PLACE FINISHER IN THE 9TH RACE AT FMT ON 7/27/2017, WHO TESTED POSITIVE FOR THE DRUG, "ZILPATEROL". IT IS THE ORDER OF THE WRD STEWARDS ON BEHALF OF THE FMT STEWARDS THAT MS KELLI L. MARTIN BE FINED $2500.00 AND IS SUSPENDED FOR 1 YEAR BEGINNING 10/20/2017 THROUGH 10/19/2018. DURING HER SUSPENSION, SHE IS DENIED ACCESS TO THE ENCLOSURE OF ALL RACETRACKS AND PUBLIC AREAS UNDER THE OHRC JURISDICTION. AFTER FURTHER CONSIDERATION PERTAINING TO ORDER #17-WRD-064, DUE TO MITIGATING CIRCUMSTANCES THE WRD BOARD OF STEWARDS RESCINDS THEIR RECOMMENDATION OF REFERRAL TO THE OHRC AND THAT NO FURTHER ACTION BE TAKEN AGAINST OWNER/TR KELLI L. MARTIN. IT IS FURTHER ORDERED THAT THE HORSE REMAIN UNPLACED IN THE 9TH RACE AT FMT ON 7/27/2017.
Name: KELLI LINN MARTIN Ruling Date: 4/20/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Fair Meadows, Tulsa
Ruling Number: 18-WRD-041 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 10/20/2018 Suspension End: 10/19/2019
Ruling Text: ON 4/12/2018, THE MATTER COMES ON FOR THE MODIFICATION OF ORDER #17-WRD-065. THE WRD STEWARDS ON BEHALF OF THE FMT BOARD OF STEWARDS HAVE CONSULTED AND REACHED AN AGREEMENT WITH OWNER/TR KELLI MARTIN, WHO WAS NOT REPRESENTED BY COUNSEL. MS MARTIN ENTERED AND RACED THE HORSE, "ACCOUNTABLY" WHICH WAS IN THE DEAD HEAT POSITION IN 1ST PLACE THE 11TH RACE AT FMT ON 7/30/2016, WHO TESTED POSITIVE FOR THE DRUG, "ZILPATEROL". IT IS THE ORDER OF THE WRD STEWARDS ON BEHALF OF THE FMT STEWARDS THAT MS KELLI L. MARTIN BE FINED $2500.00 AND IS SUSPENDED FOR 1 YEAR BEGINNING 10/20/2018 THROUGH 10/19/2019, THIS SUSPENSION IS TO RUN CONSECTUTIVE TO WRD ORDER #17-WRD-064. DURING HER SUSPENSION, SHE IS DENIED ACCESS TO THE ENCLOSURE OF ALL RACETRACKS AND PUBLIC AREAS UNDER THE OHRC JURISDICTION. AFTER FURTHER CONSIDERATION PERTAINING TO ORDER #17-WRD-065, DUE TO MITIGATING CIRCUMSTANCES THE WRD BOARD OF STEWARDS RESCINDS THEIR RECOMMENDATION OF REFERRAL TO THE OHRC AND THAT NO FURTHER ACTION BE TAKEN AGAINST OWNER/TR KELLI L. MARTIN. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM THE DEAD HEAT POSITION IN 1ST PLACE AND SHALL REMAIN UNPLACED IN THE 11TH RACE AT FMT ON 7/30/2016.
Name: BOYD SHERMAN FINNELL Ruling Date: 4/20/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-042 Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: ASSISTANT RACING OFFICIAL BOYD FINNELL PLED "NO CONTEST" FOR FAILING TO OBTAIN HIS EXERCISE RIDERS LICENSE ON 3/26/2018 PRIOR TO WORKING IN HIS VOCATION WITHIN THE ENCLOSURE OF WRD. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. FINNELL BE FINED $100.00.
Name: CRISTINO E ESTRADA-REGALADO Ruling Date: 4/20/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-020 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: TRAINER CRISTINO ESTRADA-REGALADO HAS PLED "NO CONTEST" FOR A HORSE UNDER HIS SUPERVISION, "MO FRENCHIE" HAVING TESTED FOR THE DRUG, "PHENYLBUTAZONE" EXCEEDING THE QUANTITATIVE TEST LEVEL, FOLLOWING THE 6TH RACE AT RP ON 3/23/2018. MR. ESTRADA-REGALADO WAIVED HIS RIGHT TO A HEARING AND IS FINED $500.00.
Name: HUNTER ROBERT MYERS Ruling Date: 4/19/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-67 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #2 Mc Honey B in race 15 on 4/18/18 he did whip in an exaggerated manner by raising his whipping arm above shoulder height and using more than elbow and wrist action. O.S.R.C.-3769-17-17(B)&(C)  17-99
Name: LARRY A. DEYERMAND Ruling Date: 4/19/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-65 Ruling Type: Failure to Meet Financial Obligation
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/20/2018 Suspension End:
Ruling Text:
Mr. Deyermand is hereby suspended until he pays the fine and purse money per ruling NFLD-2018-034. O.S.R.C.-3769-17-36  17-99
Name: KEITH J KASH Ruling Date: 4/19/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-66 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Kash was late to the paddock with #1 Momsgotabikinion in race 2 on 4/18/18. O.S.R.C.-3769-14-50  14-99
Name: LISA A. DUNN Ruling Date: 4/19/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-64 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Blood sample #868185 collected at Northfield Park on 3/19/18 from the horse Trustworthy Kid was found to contain flunixin at a concentration of 5.0+-0.4 nanograms per milliliter of plasma and phenylbutazone at a concentration of 0.36+-0.02 nanograms per milliliter. The presence of more than one approved NSAID is prohibited. O.S.R.C.-3769-18-01(B)(1)(a)  18-02  18-99
Name: JOHN GREGORY KINA Ruling Date: 4/18/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-62 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 4/18/2018 Suspension End: 5/2/2018
Ruling Text:
Mr. Kina has dropped his appeal of ruling NFLD-2018-055 and the penalty has been amended. All purse money must be returned ($1,750.00). O.S.R.C.-3769-18-01(B)(10)&(13)  18-02  18-99  17-30(B)  17-33(A)&(B)  17-43  Subject is barred from all grounds governed by the OSRC during his suspension. Any horses under subjects care that he wants to transfer must be approved by the judges or the OSRC.
Name: THOMAS L MERTON Ruling Date: 4/18/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 18-MDH-24 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/26/2018 Suspension End: 4/29/2018
Ruling Text: Mr. Merton is hereby suspended from driving for a period of three days, April 26, 2018 through and including April 28, 2018.

While driving #6 BNA STARRR in the 4th race on Friday, April 13, 2018, Mr. Merton did drive in a careless manner and moved his horse off the hubless rail pylons into the outer tier without clearance, causing driver #2 FINA PATINA to move three wide in order to avoid contact with the wheel of #6 BNA STARRR prior to the 1/2 mile pole.

Violation of N.J.A.C. Rule 13:71-20.6(a) 2,3,4,5,8,10

Name: MICHAEL JAMES DERUNTZ Ruling Date: 4/18/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-63 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. DeRuntz failed to honor the declaration of #4 Ramsay in race 9 on 4/17/18. O.S.R.C.-3769-15-30  15-99
Name: JAVIER J CASTELLANO Ruling Date: 4/18/2018
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #18-0051 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/25/2018 Suspension End: 4/27/2018
Ruling Text: Jockey: Javier Castellano (D.O.B. 10/23/1977)

After a hearing before the Board of Stewards, Javier Castellano who rode BIRD’S EYE VIEW in the fifth race at Keeneland on April 14, 2018, is hereby suspended three (3) racing days, April 25 through April 27, 2018 (inclusive) for careless riding that resulted in the disqualification of his mount.

810 KAR 1:016 Section 13

By Order of the Stewards

Name: ERIC EDWARD ELL Ruling Date: 4/17/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-004-18 Ruling Type: Necessitating a Late Scratch
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Eric Ell is fined $200.00 for bringing SOTO late to the paddock for the 5th race at Harringon Raceway resulting in a scratch. DHRC rule 8.9.7. All fines are to be paid within 10 days of written rule.
Name: JUAN CESAR TORRES-CASAS Ruling Date: 4/17/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP089 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/17/2018 Suspension End:
Ruling Text: Exercise Rider, Groom and Pony Person Juan Cesar Torres-Casas (ADG #16242) is hereby summarily suspended and denied access to all grounds under the jurisdiction of the Arizona Department of Gaming pending a hearing before the Board of Stewards for a positive human drug test for Methamphetamines, Amphetamines, THC, (Tetrahydrocannabinol- Marijuana) and Opioids, pending confirmation from Southwest Labs Inc, which is conduct detrimental to the best interest of racing, and the safety, welfare, economy, health and peace of the people of the state as well

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106(C); A.A.C. R19-2-112(8)(12)(13); A.A.C. R19-2-121(E)(2)(3); A.A.C. R19-2-121(E)(6)(7); A.R.S. 5-108(A)(1).

Name: VINCENT J COPELAND Ruling Date: 4/17/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-003-18 Ruling Type: Necessitating a Late Scratch
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Vince Copeland is fined $200.00 for missing Lasix with MY BIG KADILAC on April 11, 2018 at Harrington Raceway resulting in a scratch. DHRC rule: 8.3.5.4. All fines are to be paid within 10 days of written rule.
Name: SHAWN B FAIRMAN Ruling Date: 4/17/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-53 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-053                                                                                                                                
                                                                                                                                                                 
                                                                                                                                                                   Date: April 17, 2018
 
RULING INVOLVES: Trainer, Shawn Fairman   
                                       License #7380
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Blood sample #847130 taken from horse “Savethetangoforme” which finished (1st) in the (8th) race on Friday, March  20, 2018 at Mahoning Valley Race Course, Blood sample #847130 was found to contain flunixin in excess (610) nanograms per milliliter of plasma, which exceeds the Regulatory Threshold of 20 nanograms per milliliter adopted by the Ohio State Racing Commission for Flunixin. .
 
 As a result of this report a hearing was conducted in the Steward’s office at Mahoning Valley Race Course Tuesday April 17, 2018, Mr. Fairman had agreed to go with the Stewards findings, and reserved his rights to appeal.
  
After considering all testimony and evidence presented, Trainer, Shawn Fairman, D.O.B 06/24/1969, SSN-XXX-XX-8049, is hereby fined One Thousand ($1,000.00) Dollars & loss of purse. For violation of O.S.R.C. Rules #3769-8-01, Rule #3769-8-02, Rule #3769-2-26 (A) (10), Rule # 3769-4-24, & Rule #3769-4-26.   
 
The horse “Savethetangoforme” is hereby disqualified from all purse monies and the Horsemen’s bookkeeper is instructed to make the proper adjustments. The Owner (Paula M. Zameroski), Trainer (Shawn Fairman), and Horse (Savethetangoforme), shall stand suspended until all monies (purse and fine) have been returned as per Rule #3769-7-45 & 3769-8-01 (B) (13).
 
This ruling does not affect the mutuel payoff.
 
 
Fine to be paid within forty-eight (48) hours as per OSRC Rule 3769-7-35.  
 
Name: Jimmy Smith Ruling Date: 4/17/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-60 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
While driving #7 Ultra Violet in race 5 on 4/11/18 he came out at the top of the stretch and interfered with #2 Ima Ironman. O.S.R.C.-3769-17-11  17-99
Name: MATTHEW CODY MCCART Ruling Date: 4/17/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-014 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 7/20/2017 Suspension End: 10/17/2017
Ruling Text: ON 3/6/2018, THE COMPLAINT AGAINST OWNER/TR MATTHEW CODY MCCART COMES FOR HEARING BEFORE THE RP BOARD OF STEWARDS. MR. MCCART WAS NOTIFIED OF A HEARING SCHEDULED AT RP, HE DID APPEAR IN PERSON AND WAS REPRESENTED BY LEGAL COUNSEL. IN AGREEMENT BETWEEN THE TWO PARTIES, THE TWO HEARINGS SCHEDULED THAT DAY WOULD BE HEARD SIMULTANEOUSLY. MR. MCCART ENTERED AND RACED THE HORSE, "TWICE JOHNNY RED" THE 2ND PLACE FINISHER IN THE 1ST RACE AT RP ON 4/9/2017. THE RP BOARD OF STEWARDS FIND THE HORSE UNDER MR. MCCART'S SUPERVISION "TWICE JOHNNIE RED" TESTING POSITIVE FOR THE DRUG "CLENBUTEROL". IT IS THE ORDER OF THE RP BOARD OF STEWARDS THAT OWNER/TRAINER MATTHEW CODY MCCART BE FINED $1500.00 AND SUSPENDED FOR 90 DAYS BEGINNING 7/20/2017 AND CONTINUING THROUGH 10/17/2017. DURING THE TERM OF HIS SUSPENSION, MR MCCART IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACETRACKS AND PUBLIC AREAS UNDER THE OHRC JURISDICTION. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM THE 2ND PLACE AND SHALL REMAIN UNPLACED IN THE 1ST RACE AT RP ON 4/9/2017.
Name: MATTHEW CODY MCCART Ruling Date: 4/17/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-012 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 4/21/2017 Suspension End: 7/19/2017
Ruling Text: ON 3/6/2018, THE COMPLAINT AGAINST OWNER/TR MATTHEW CODY MCCART COMES FOR HEARING BEFORE THE RP BOARD OF STEWARDS. MR. MCCART WAS NOTIFIED OF A HEARING SCHEDULED AT RP, HE DID APPEAR IN PERSON AND WAS REPRESENTED BY LEGAL COUNSEL. IN AGREEMENT BETWEEN THE TWO PARTIES, THE TWO HEARINGS SCHEDULED THAT DAY WOULD BE HEARD SIMULTANEOUSLY. MR. MCCART ENTERED AND RACED THE HORSE, "CL FLASH THE CARTEL" THE 1ST PLACE FINISHER IN THE 1ST RACE AT RP ON 4/6/2017. THE RP BOARD OF STEWARDS FIND THE HORSE UNDER MR. MCCART'S SUPERVISION "CL FLASH THE CARTEL" TESTING POSITIVE FOR THE DRUG "CLENBUTEROL". IT IS THE ORDER OF THE RP BOARD OF STEWARDS THAT OWNER/TRAINER MATTHEW CODY MCCART BE FINED $1500.00 AND SUSPENDED FOR 90 DAYS BEGINNING 4/21/2017 AND CONTINUING THROUGH 7/19/2017. DURING THE TERM OF HIS SUSPENSION, MR MCCART IS DENIED ACCESS TO THE ENCLOSURES OF ALL RACETRACKS AND PUBLIC AREAS UNDER THE OHRC JURISDICTION. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM THE 1ST PLACE AND SHALL REMAIN UNPLACED IN THE 1ST RACE AT RP ON 4/6/2017.
Name: VINCENT SCOTT BRADLEY Ruling Date: 4/18/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-002-18-ASUB Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Harness Division: Horse
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 4/19/2018 Suspension End: 4/29/2018
Ruling Text: RE: HAR-002-18 - Appeal Submitted - Suspension days stand, full 10 days.
Name: VINCENT SCOTT BRADLEY Ruling Date: 4/17/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-002-18 Ruling Type: Total Carbon Dioxide Above Allowed Limit
Breed: Harness Division: Horse
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 4/19/2018 Suspension End: 4/29/2018
Ruling Text: Vincent Bradley, being trainer of record on 'GOIN DOWN ROCKIN" is fined $2000.00 and GOIN DOWN ROCKIN is placed on the Judge's List for 14 days for failing a pre-race test on April 9, 2018. Any horse that tests at a level over 12.3 Base Excess Level with Lasix is postiive and is declared unfit to race. GOIN DOWN ROCKIN tested at a Base Excess Level of 12.8 mmol/L and at 12.7 mmol/ second test. DHRC rule: 8.9.14.2.1; 8.9.14.2.3. After 14 days GOIN DOWN ROCKIN must pass a blood gas test and re-qualify to compete in purse events DHRC rule: 8.9.15.2.2. This is Mr. Bradley's second pre-race positive test with two years. DHRC rule 8.9.15.2.2. Fines are due within 10 days of written rule. Appeals are due within 48 hours of written rule. Mr. Bradley had a judge's hearing on April 16,, 2018 at Harrington Raceway.
Name: MARK MAPES Ruling Date: 4/17/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-58 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Blood sample #868089 collected at Northfield Park on 3/7/18 from the horse Everclear Hanover was found to contain flunixin at a concentration of 48+-5 nanograms per milliliter of plasma. This exceeds the Regulatory Threshold of 20 nanograms per milliliter adopted by the OSRC. O.S.R.C.-3769-18-01(B)(1)(a) 18-02 18-99
Name: RONNIE H WRENN Ruling Date: 4/17/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-61 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Wrenn was late for the breath analyzer test for race 1 on 4/14/18. O.S.R.C.-3769-14-22  14-50  14-99
Name: DARRELL T BAIRD Ruling Date: 4/17/2018
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2018-NDP-59 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Urine sample #868168 collected at Northfield Park on 3/17/18 from the horse Threefold Breanna was found to contain Methocarbamol at a concentration of 2.8+-0.1 micrograms per milliliter of urine. This exceeds the Regulatory Threshold of 1.0 micrograms per milliliter adopted by the OSRC. All purse money must be returned for redistribution ($2,500.00). O.S.R.C.-3769-18-01(B)(10)&(13) 18-02  18-99  17-43
Name: HOWARD EDWARD DAVIS Ruling Date: 4/17/2018
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-005-18 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 Eddie Davis Jr. Is fined $50.00 for failing to keep the hole closed going to the 1/4 pole in th 3rd race at Harrington Raceway on April 16, 2018. DHRC rule: 7.6.13.1.10. All fines are to be paid within 10 days of written rule.
Name: MATTHEW CODY MCCART Ruling Date: 4/16/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-018 Ruling Type: Reinstatement to Good Standing in State
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 10/18/2017 Suspension End: 4/7/2018
Ruling Text: SUMMARILY SUSPENDED OWNER/TR MATTHEW CODY MCCART HAS WAIVED HIS RIGHT TO BE REPRESENTED BY LEGAL COUNSEL AND HAS PLED 'NO CONTEST' AND WAIVED HIS RIGHT TO A HEARING FOR THREE HORSES UNDER HIS SUPERVISION, "DTL LIL RED CORVETTE" IN THE 3RD RACE, "DJ PAULY D" IN THE 4TH RACE AND "DTL STREAKIN CHIC" IN THE 9TH RACE AT RP ON 4/14/2017, TESTING POSITIVE FOR A PROHIBITED DRUG. BY AGREEMENT BETWEEN THE PARTIES, MR. MCCART SHALL BE SUSPENDED AND/OR MADE INELIGIBLE FOR LICENSING WITH THE OHRC FOR A PERIOD OF 171 DAYS AND TO CONTINUE AFTER THE 90 DAY SUSPENSION ORDERED IN RP ORDER #18-RP-012 AND THE 90 DAY SUSPENSION ORDERED IN RP ORDER #18-RP-014 IN THE 4TH RACE AND FINED $1500.00. ALSO, THE HORSES SHALL BE DISQUALIFIED FROM THE 3RD, 4TH AND 9TH RACES AT RP ON 4/14/2017. ADDITIONALLY, BY AGREEMENT BETWEEN THE OHRC ATTORNEY, THE RP BOARD OF STEWARDS AND MR. MCCART. MR. MCCART AGREES TO WITHDRAW HIS APPEALS REGARDING RP ORDER #18-RP-012 AND 18-RP-014 DATED 3/23/2018. IT IS THE ORDER OF THE RP BOARD OF STEWARDS THAT THE OWNER/TRAINER LICENSE ISSUED TO MATTHEW CODY MCCART SHALL BE AND IS HEREBY SUSPENDED 171 DAYS BEGINNING 10/18/2017 THROUGH 4/6/2018 AND FINED $1500.00. THE HORSES ARE ORDERED DISQUALIFIED AND SHALL REMAIN UNPLACED ON 4/14/2017. IT IS FURTHER ORDERED THAT MR. MCCART HAVING SERVED THE SUSPENSIONS AND PAID THE FINES, IS HEREBY RESTORED TO GOOD STANDING WITH THE OHRC EFFECTIVE 4/7/2018.
Name: MICHAEL L WRIGHT III Ruling Date: 4/16/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-039 Ruling Type: Failure to Report or Make Correct Weight
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: JOCKEY MICHAEL WRIGHT III HAVING PLED "NO CONTEST" FOR FAILING TO OBTAIN APPROVAL FOR A LATE ARRIVAL TIME AND TO REPORT HIS WEIGHT TO THE JOCKEY'S QUARTERS FROM THE WRD BOARD OF STEWARDS ON 3/27/2018. THEREFORE, IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. WRIGHT BE FINED $100.00.
Name: PETE ANTHONY GUERRA Ruling Date: 4/16/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5165 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Pete Guerra having been duly noticed waived his right to a formal hearing and his right to appeal and entered into an agreed settlement with the Sam Houston Race Park Board of Stewards on 04/16/18. Mr. Guerra is hereby issued a written warning to resolve ticket #1036. On 04/06/18 Mr. Guerra was found in possession of one broken needle in his vehicle during a compliance inspection at the back gate at Sam Houston Race Park.

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

Name: DONNIE LEE STRICKLAND Ruling Date: 4/16/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-016 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: OWNER/TR DONNIE LEE STRICKLAND PLED "GUILTY " AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "MARK TO MARKET" THE 2ND PLACE FINISHER IN THE 8TH RACE AT RP ON 3/16/2018, TESTING POSITIVE FOR THE DRUG "DEXAMETHASONE" AT A QUANTITATIVE LEVEL. IT IS THE ORDER OF THE RP BOARD OF STEWARDS THAT MR. STRICKLAND BE FINED $500.00 AND THE HORSE BE DISQUALIFIED FROM THE 2ND PLACE AND REMAIN UNPLACED IN THE 8TH RACE AT RP ON 3/16/2018.
Name: SAMANTHA LYNN MCCART Ruling Date: 4/16/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 18-RP-019 Ruling Type: Reinstatement to Good Standing in State
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: SUMMARILY SUSPENDED OWNER SAMANTHA LYNN MCCART IS HEREBY RESTORED TO GOOD STANDING AND/OR ELIGIBLE FOR LICENSURE WITH THE OHRC EFFECTIVE 4/7/2018. THE CASE PENDING AGAINST HER SPOUSE, MATTHEW CODY MCCART HAS BEEN ADJUDICATED AND HE WAS RESTORED TO GOOD STANDING EFFECTIVE 4/7/2018.
Name: EZEQUIEL LARA Ruling Date: 4/16/2018
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 18-WRD-038 Ruling Type: Failure to Report or Make Correct Weight
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: JOCKEY EZEQUIEL LARA HAVING PLED "NO CONTEST" FOR FAILING TO OBTAIN APPROVAL FOR A LATE ARRIVAL TIME AND TO REPORT HIS WEIGHT TO THE JIOCKEY'S QUARTERS FROM THE WRD BOARD OF STEWARDS ON 4/2/2018.THEREFORE, IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT MR. LARA BE FINED $100.00.
Name: RICHARD TROY SMITH Ruling Date: 4/16/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP088 Ruling Type: Employment Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 105 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on April 15, 2018, Owner/Trainer Troy Richard Smith (ADG #12065) is hereby fined one hundred dollars ($100.00) plus 5% Race Horse Adoption Fund surcharge for a total of one hundred and five dollars ($105.00) for employment of an unlicensed participant on the backside of Turf Paradise racetrack. The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by April 26, 2018, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning April 27, 2018 through and inclusive of October 24, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R-19-2-106(A)(C); A.A.C. R-19-2-111(A)(B)(D).; A.A.C. R-19-2-121(E);

Name: Peter Miller Ruling Date: 4/15/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-143 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 3500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer PETER MILLER, who worked the horse TE AMO MAMO on January 15, 2018 at Santa Anita Park is fined THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00)* pursuant to California Horse Racing Board rule #1887 (Trainer to Insure Condition of Horse) and #1866 (Veterinarian’s List) for violation of California Horse Racing Board rule #1843 (a)(d) (Medication, Drugs and Other Substances) and #1844(c)(1) (Authorized Medication – phenylbutazone [2.65 ug/ml] – third offense in 365 days).
Name: RAUL HERRERA Ruling Date: 4/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-251-MODPEN Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-251 - Modified Penalty

15.2.3.8 B (1)(e) The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules.

Ruling 2018-SUN-251 was issued in error. No penalty will be assessed to Jockey Raul Herrera.

Name: RAUL HERRERA Ruling Date: 4/15/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-251 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Raul Herrera , having failed to appear or send a jockey guild’s representative before the Board of Stewards, as requested, for film review regarding the 10th race on April 14, 2018, at Sunland Park Racetrack, is found in violation of Commission rules.

For this rule violation, the Board of Stewards assessed Raul Herrera a penalty of one hundred dollars ($100.00). The fine is to be paid on or before May 15, 2018, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension. Licensee is found in violation of: 15.2.1.9(B)(4)(d)NMAC: Which states in pertinent part that “Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the board of stewards. 15.2.1.9(B)(4)(A)NMAC Notice Except as provided by these rules regarding summary suspension, jockey riding infractions and trial races, the stewards or a racing commission designee shall provide written notice, at least 10 days before the hearing, to a person who is the subject of a disciplinary hearing. The person may waive their right to 10 days notice by executing a written waiver.

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

Name: MAURO SALCEDO Ruling Date: 4/15/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-250 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Mauro Salcedo, having failed to appear or send a jockey guild’s representative before the Board of Stewards, as requested, for film review regarding the 10th race on April 14, 2018, at Sunland Park Racetrack, is found in violation of Commission rules.

For this rule violation, the Board of Stewards assessed Mauro Salcedo a penalty of one hundred dollars ($100.00). The fine is to be paid on or before May 15, 2018, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension. Licensee is found in violation of: 15.2.1.9(B)(4)(d)NMAC: Which states in pertinent part that “Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the board of stewards. 15.2.1.9(B)(4)(A)NMAC Notice Except as provided by these rules regarding summary suspension, jockey riding infractions and trial races, the stewards or a racing commission designee shall provide written notice, at least 10 days before the hearing, to a person who is the subject of a disciplinary hearing. The person may waive their right to 10 days notice by executing a written waiver.

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

Name: ROBERD NOCHOLAS FALCONE Ruling Date: 4/15/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-142 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer ROBERT FALCONE, JR is fined FIVE HUNDRED DOLLARS ($500.00)* for violation of California Horse Racing Board rule #1874 (Disorderly Conduct – entering restricted area without permission / aggressive behavior) on March 12, 2018 at Santa Anita Park.
Name: GLEN KHAN Ruling Date: 4/15/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-141 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/15/2018 Suspension End:
Ruling Text: Owner GLEN KHAN having failed to respond to a complaint alleging violation of California Horse Racing Board rule #1876 (Financial Responsibility - $1,008.10 to Veterinarian Ronald Magrini) is suspended for violation of California Horse Racing Board rule #1547 (Failure to Appear). During the term of suspension, all licenses and license privileges of GLEN KHAN are suspended and pursuant to California Horse Racing Board rule #1528 (Jurisdiction of Stewards to Suspend and Fine), GLEN KHAN is denied access to all premises in this jurisdiction.
Name: Enrique Alvarado Ruling Date: 4/14/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5157 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Enrique Alvarado having been duly noticed waived his right to a formal hearing and his right to appeal telephonically and entered into an agreed settlement with the Sam Houston Race Park Board of Stewards on 04/14/18.

Mr. Alvardo is hereby fined two hundred and fifty ($250) dollars because he was in possession of eight 18 x1.5 needles and five 5ml syringes during a compliance inspection in the restricted stable area at Sam Houston Race Park on 4/6/18.

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

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

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

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

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

By Order of The Sunland Park Stewards

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

Name: MARCELINO CUANDA Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-246 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/18/2018 Suspension End: 7/17/2018
Ruling Text: Owner/Trainer Marcelino Cuanda, was duly notified and appeared for a hearing before the Board of Stewards on April 13, 2018. The hearing was in regard Marcelino Cuanda failing to report, as instructed, to the Sunland Park Test Barn Facility for out of competition testing on March 13, 2018, with horse “Mt. Zobie”, who was selected for out of competition testing. The Board of Stewards hereby issues Marcelino Cuanda a penalty as follows:
    1. A 90 day suspension any/all NMRC licenses starting, April 18, 2018, through July 17, 2018, inclusive.
    2. The horse “Mt. Zobie” is hereby placed on the Stewards list for 60 days for failing to appear for Out Of Competition Testing. 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 test.

During said time of applicable suspension Marcelino Cuanda 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 Marcelino Cuanda are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned by, trained by, or in the care and custody of Marcelino Cuanda must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

15.2.6.9 J (1) (a-e)OUT OF COMPETITION TESTING/ 15.2.6.9 J (7) (a)(b) OUT OF COMPETITION TESTING/ 15.2.6.9 J (8) OUT OF COMPETITION TESTING

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

Name: MARCELINO CUANDA Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-247 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/18/2018 Suspension End: 10/16/2018
Ruling Text: Owner/Trainer Marcelino Cuanda, was duly notified and appeared for a hearing before the Board of Stewards on April 13, 2018. The hearing was in regard Marcelino Cuanda failing to report, as instructed, to the Sunland Park Test Barn Facility for out of competition testing on March 13, 2018, with horse “Hr Hammer Wagon”, who was selected for out of competition testing. The Board of Stewards hereby issues Marcelino Cuanda a penalty as follows:
    1. A 90 day suspension any/all NMRC licenses to be run consecutively from ruling 2018-SUN-246, July 18, 2018, through October 16, 2018, inclusive.
    2. The horse “Hr Hammer Wagon” is hereby placed on the Stewards list for 60 days for failing to appear for Out Of Competition Testing. 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 test.

During said time of applicable suspension Marcelino Cuanda 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 Marcelino Cuanda are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned by, trained by, or in the care and custody of Marcelino Cuanda must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

Licensee is found in violation of and this ruling is written in accordance with 15.2.6.9 J (1) (a-e)OUT OF COMPETITION TESTING/ 15.2.6.9 J (7) (a)(b) OUT OF COMPETITION TESTING/ 15.2.6.9 J (8) OUT OF COMPETITION TESTING

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

Name: REX A STOKES Ruling Date: 4/14/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-52 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/16/2018 Suspension End: 4/18/2018
Ruling Text:
                                                                                                                                                   Ruling No: 2018-052
                                                                                                                                
                                                                                                                                                                  Date: April 14, 2018
 
 
 
RULING INVOLVES: Jockey, Rex Stokes III
                                      License: #7898
                                                                                                                          
 Jockey, Rex Stokes III, DOB-08/22/1983, SSN XXX-XX-7775, is hereby suspended Three (3) racing days from Monday, April 16, 2018, Tuesday, April 17, 2018, & Wednesday, April 18, 2018. Jockey Stokes III, under left hand whipping drove his horse out the path of #4 Youvegottopaytopla  keeping her from being able to past for a better position in the late stretch. Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-6-46 & Rule # 3769-6-47.    
 
  
 
 
The terms of this suspension shall not prohibit participation in designated races as per OSRC Rule #3769-7-32.
 
Name: GERARDO OCHOA Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-248 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: 4/23/2018 Suspension End: 10/20/2018
Ruling Text: Trainer Gerardo Ochoa was duly notified and represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 13, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Taleas Pride” (Test Sample #: NM29819), who finished 2nd place in the 8th race on January 5, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

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

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

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

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

Name: EDWIN A MALDONADO Ruling Date: 4/14/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-140 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/21/2018 Suspension End: 4/26/2018
Ruling Text: Jockey EDWIN MALDONADO, who rode HACKLETON in the first race at Santa Anita Park on April 13, 2018 is suspended for THREE (3) racing days (April 21, 22 and 26, 2018) for failure to make the proper effort to maintain a straight course and causing interference in the stretch resulting in a disqualification from first to second position. 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: NADINE MARIE ANDERSON Ruling Date: 4/14/2018
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2018-SA-139 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/14/2018 Suspension End:
Ruling Text: Owner NADINE ANDERSON having failed to respond to a complaint alleging violation of California Horse Racing Board rule #1876 (Financial Responsibility - $49,263.00 to Eric Yohan DBA EF1 Farms) is suspended for violation of California Horse Racing Board rule #1547 (Failure to Appear). During the term of suspension, all licenses and license privileges of NADINE ANDERSON are suspended and pursuant to California Horse Racing Board rule #1528 (Jurisdiction of Stewards to Suspend and Fine), NADINE ANDERSON is denied access to all premises in this jurisdiction.
Name: MATT J HEBERT Ruling Date: 4/14/2018
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 184036 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: HAVING PAID THE CIVIL PENALTY ($500) ISSUED AGAINST HIM ON 10 NOVEMBER 2017 AT HAWTHORNE RACE COURSE, TRAINER MATT J. HEBERT IS HEREBY DEEMED ELIGIBLE FOR FUTURE LICENSING IN THE STATE OF ILLINOIS. IRB RULES: 502.40 502.104 1425.10
Name: CHRIS A RYAN Ruling Date: 4/14/2018
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 184037 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: PURSUANT TO ILLINOIS RACING BOARD RULE 603.60 A3AI, TRAINER CHRIS A. RYAN IS HEREBY ISSUED A WRITTEN WARNING (1ST OFFENSE) FOR THE EXCESSIVE USE OF PHENYLBUTAZONE (2.82 +/-.34 UG/ML 99%.7 CONFIDENCE LEVEL) WHICH RESULTED IN OVERAGE IN THE HORSE FORGOT TO FORGET WHO RAN IN THE 5TH RACE AT HAWTHORNE RACE COURSE ON 7 APRIL 2018.
Name: ADAM A TAPIA Ruling Date: 4/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-245 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/13/2018 Suspension End:
Ruling Text: Owner/Trainer, Adam A. Tapia, is hereby summarily suspended (effective immediately, April 13, 2018) for the detection of the Class A drug Zilpaterol in sample #NM30280 taken from horse, "Ms Elegant Eyes", who placed 1st in the 7th race on 03/30/2018 at Sunland Park, per 15.2.1.9(B)(3)(a).

In accordance with 15.2.1.9 (C)(21), Adam A. Tapia is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC and all horses owned, trained, or under the care Adam A. Tapia are denied further entry, pending the outcome of his hearing on April 23, 2018, @ 10:15 am in the Board of Steward’s office at Sunray Park Racetrack, in Farmington, NM. (39 Rd 5568, Farmington, NM 87401), ) per 15.2.1.9 (B)(3)(b).

Licensee is found in violation of: 15.2.1.9(B)(3)(a) NMAC: Which states in pertinent part “If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing”. 16.47.1.8 (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.

This ruling is written in accordance: 16.47.1.8 (L)(1)(i) – Conduct Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(a) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General authority. The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

By Order of The Sunland Park Stewards
Name: SYLVESTER JOSEPH CARMOUCHE Ruling Date: 4/19/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22690 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/12/2018 Suspension End: 5/11/2018
Ruling Text:
Tested positive for a Dangerous Substance Abuse, first offence. Suspended 30 days and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission. Reinstatement is contingent upon an evaluation and after providing a negative urine report.
Name: JOSE CAMEJO Ruling Date: 4/19/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22692 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol (223.4pg/ml ) reported in post-race  Urine sample DD55022 taken from “PI”, second finisher of race 4, March 18, 2018, at Delta Downs. Trainer declined his right to have the split portion tested and waived his right to a formal steward’s hearing. The stewards concluded that the sample contained Clenbuterol. Trainer Jose Camejo is hereby fined the sum of $1000. “PI” is disqualified and declared unplaced and the purse ordered redistributed.
Name: ROBERT J PRIEST Ruling Date: 4/13/2018
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #18-0050 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ 0 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner: Robert J. Priest (D.O.B. 1/17/1942)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 00112875 taken from RALLA’S RALLY, who finished first in the seventh race at Turfway Park on March 24, 2018 contained methocarbamol at a level of 6.3 ng/ml in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards RALLA’S RALLY is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. All purse monies must be returned to the association. The purse of this race is ordered redistributed as follows:

THE OFFICIAL ORDER OF FINISH IS:

1st # 6 OUR ADIEU 2nd # 1 AUDRE’S ACES 3rd # 5 VENEZUELANTREASURE 4th # 4 OCALA MAGIC 5th # 3 MISS OMEARA 6th # 2 SHAKAKAN

Disqualified # 7 RALLA’S RALLY

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

BY ORDER OF THE STEWARDS

Name: ROBERT J PRIEST Ruling Date: 4/13/2018
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #18-0050 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Robert J. Priest (D.O.B. 1/17/1942)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 00112875 taken from RALLA’S RALLY, who finished first in the seventh race at Turfway Park on March 24, 2018 contained methocarbamol at a level of 6.3 ng/ml in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards RALLA’S RALLY is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. All purse monies must be returned to the association. The purse of this race is ordered redistributed as follows:

THE OFFICIAL ORDER OF FINISH IS:

1st # 6 OUR ADIEU 2nd # 1 AUDRE’S ACES 3rd # 5 VENEZUELANTREASURE 4th # 4 OCALA MAGIC 5th # 3 MISS OMEARA 6th # 2 SHAKAKAN

Disqualified # 7 RALLA’S RALLY

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

BY ORDER OF THE STEWARDS

Name: SERGIO BAEZ Ruling Date: 4/13/2018
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #18-0049 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: Sergio Baez (D.O.B. 10/7/1982)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 00112875 taken from RALLA’S RALLY, who finished first in the seventh race at Turfway Park on March 24, 2018 contained methocarbamol at a level of 6.3 ng/ml in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards you are hereby fined FIVE HUNDRED ($500.00) DOLLARS. RALLA’S RALLY is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. 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 1:008 Section 3, subsection (4) 810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section (6)(7) 810 KAR 1:018 Section 2 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028, Section 4, subsection (3)(a)(b)

BY ORDER OF THE STEWARDS

Name: CHERYL L KING Ruling Date: 4/19/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22691 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Failed to have a current negative piroplasmosis test result on file for her scheduled starter, Bigboyshowshart resulting in a late scratch from race 6, April 6, 2018 at Evangeline Downs.
Name: VICTOR ARTURO ESCOBAR Ruling Date: 4/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-1 Ruling Type: License Type Changed
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: The Owner’s license issued to Victor A. Escobar is herby rescinded without prejudice as he has been issued a stewards license.

This ruling is in accordance with: 16.47.1.8 (M)(2)Duration Of License Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such a license. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): 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: Angel Arriaga Sanchez Ruling Date: 4/13/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5159 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner-Trainer Angel Sanchez having been duly noticed, waived his right to a formal hearing and his right to appeal on 04/13/2018. Mr. Sanchez is hereby fined one hundred($100) dollars because he was found in possession of Thyrol Powder with no label and a tick medicine with an improper label on it. This contraband was found in Barn I tack room T-6 during a compliance inspection at Sam Houston Race Park on 04/06/18.

1st violation in the previous 365 days.

Name: LACY E PIERCE Ruling Date: 4/13/2018
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #18-0048 Ruling Type: License Type Changed
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Assistant Trainer: Lacy E. Pierce (D.O.B. 10/17/1981)

Assistant Trainer license is hereby rescinded without prejudice and she is issued a Trainer license.

Discontinuance of activity for which a license was issued 810 KAR 1:025, Section 14, Subsection (aa)

By Order of the Stewards

Name: Diane Lorraine Perkins Ruling Date: 4/19/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22688 Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ 0 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Ineligible to participate in racing pending completion of license requirements. (Temporary owner license expired 04/07/2018).
Name: EDWIN L LADNER Ruling Date: 4/19/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22689 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Omeprazole Sulfide, reported in post-race plasma (20.003ng/ml) sample taken from Ithinkimflying winner of race 3, March 05, 2018 at Louisiana Downs. Trainer declined his right to testing of split and waived his right to a stewards hearing. Fined $500 for a first violation of a category IV or V drug within a twelve month period.
Name: JOHNNY LEE SHARP Ruling Date: 4/11/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5163 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner-Trainer Johnny Sharp Jr, having been duly noticed waived his right to a formal hearing and his right to appeal and entered into an agreed settlement with the Sam Houston Race Park Board of Stewards on 04/06/18. Mr. Sharp is hereby fined one hundred ($100) dollars. On 04/06/18 Mr. Sharp was found in possession of a bottle of Firocoxib (Equioxx) during a gate inspection at Sam Houston Race Park. The bottle was not labeled properly, with a correct prescription.

1st violation in the previous 365 days.

Name: LUCAS PAUL CONSTANTIN Ruling Date: 4/19/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22687 Ruling Type: License Type Changed
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
The 2018 license issued as an Assistant Starter is hereby withdrawn, without prejudice, in lieu of issuance of a Jockey License .
Name: ELIAZAR SALAS-GOMEZ Ruling Date: 4/11/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP085 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 525 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Having been properly notified of a formal hearing, and having waived that right on April 7, 2018 Trainer Eliazar Salas-Gomez (ADG #10913), is hereby fined FIVE HUNDRED DOLLARS ($500.00) plus 5% Race Horse Adoption Fund surcharge for a total of FIVE HUNDRED TWENTY FIVE ($525.00) following receipt of a report from Industrial Laboratories indicating blood sample #E230172 taken from the horse "LODE THE GOLD" winner of the eighth race on March 20, 2018, was confirmed positive for the presence of the Class IV foreign substance TRIAMCINOLONE ACETONIDE (292 +/- 18 pg/mL).

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by April 21, 2018, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning April 22, 2018 through and inclusive of October 19, 2018, and this matter is referred to the Director of the Arizona Division of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102(19), R19-2-102(39), R19-2-106(C), R19-2-111(A)(B)(C), R19-2-112(12), R19-2-120(C)(D)(O), R19-2-121(E).

Name: FRANCISCO HERNANDEZ PEREZ Ruling Date: 4/9/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5154 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner-Trainer Francisco Perez Jr, having been duly noticed, waived his right to a formal hearing and his right to appeal and entered into an agreed settlement with the Sam Houston Race Park Board of Stewards on 04/09/2018. Mr. Perez was found in possession of one (1) syringe for administering "Wind Aid", during a TxRC and SET Team gate inspection at Sam Houston Race Park on 04/06/18. This is a violation of TxRC Rule 311.215 Contraband.

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

Name: PIERRE JR. AMESTOY Ruling Date: 4/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-232-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1666.67 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Modification not required.

Name: LORENZO VEGA Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-234 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 4/18/2018 Suspension End: 5/18/2018
Ruling Text: Trainer Lorenzo Vega was duly notified represented by attorney Daniel Marquez before the Board of Stewards on April 7, 2018, for a hearing that was continued from February 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 “Tf Im That Guy” (Test Sample #: NM29778), who finished 1st place in the 11th race on December 31, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

Victor Diaz, the owner of record for horse “Tf Im That Guy”, was duly notified and represented by attorney Daniel Marquez for this hearing. This is Victor Diaz’s SECOND Class 3B medication violation in a lifetime.

Finding of Facts:

    • Lorenzo Vega was the Absolute Insurer and trainer of record at the time of the violation.
    • Tf Im That Guy” did participate in and won the 11th race on December 31, 2017, at Sunland Park Racetrack, with the prohibited drug “clenbuterol” in his system.
    • Lorenzo Vega was afforded his due process by sending his split sample to Industrial Laboratories, where clenbuterol was confirmed in the sample.
    • Clebuterol is zero tolerance.
    • Approximately 20 horses were sent to the test barn on December 31, 2017, at Sunland Park Racetrack.Tf Im That Guy” was the only horse that tested positive for Clenbuterol or any other drug.

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

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

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

Name: GASTON FLORAS VALENZUELA Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-238 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 4/18/2018 Suspension End: 5/18/2018
Ruling Text: Trainer Gaston Valenzuela was duly notified represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 8, 2018 . The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Expect A Storm” (Test Sample #: NM28574), who finished 1st place in the 8th race on January 13, 2018, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

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

Finding of Facts:

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

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

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

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

Name: 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: N
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: PIERRE JR. AMESTOY Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-232 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1666.67 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Pierre Amestoy was duly notified, failed to appear, and had her hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Betamethasone (class 4 penalty category C major drug) found in test sample NM29849 taken from the 2nd place finisher Ice Patrol” following the 7th race, on January 7, 2018, at Sunland Park Racetrack in Sunland Park, NM.

The original lab report indicated a finding of Betamethasone at a level of 136 pg/ml in the blood, the allowable limit for Betamethasone is 10 pg/ml in the blood (15.2.6.9 Attachment#2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer Ross Amestoy.

Leslie Amestoy and Mike Abraham, the co-owners of record for horse “Ice Patrol”, were duly notified and failed to appear for their hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Leslie Amestoy’s FOURTH Class 4C MAJOR medication violation in a 365- day period and Mike Abraham’s THIRD Class 4C MAJOR medication violation in a 365- day period.

Ross Amestoy, the trainer of record for horse “Ice Patrol”, was duly notified and waived his rights to a formal hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s FOURTH Class 4C MAJOR medication violation in a 365- day period .

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

    1. A ($5,000) five thousand dollar fine (to be equally divided, $1,666.67 each) to paid on or before May 8, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Ice Patrol” must pass a commission approved veterinary examination before being eligible to enter.
    3. The horse “Ice Patrol” is hereby disqualified from SECOND PLACE and ordered unplaced from the 7th race, on January 7, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Streakin Dome
                2. Whoop Whoop
                3. Siabolical Mile
                4. Accompany
                5. Classy Homewrecker
                6. Darshini
                7. Fortyfoursmokeless
                8. El Gigante
                9. Stormy Dani Unplaced “Ice Patrol
Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling.

Name: LESLIE ANN AMESTOY Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-231 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1666.67 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Leslie Amestoy was duly notified, failed to appear, and had her hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Betamethasone (class 4 penalty category C major drug) found in test sample NM29849 taken from the 2nd place finisher Ice Patrol” following the 7th race, on January 7, 2018, at Sunland Park Racetrack in Sunland Park, NM.

The original lab report indicated a finding of Betamethasone at a level of 136 pg/ml in the blood, the allowable limit for Betamethasone is 10 pg/ml in the blood (15.2.6.9 Attachment#2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer Ross Amestoy.

Pierre Amestoy and Mike Abraham, the co-owners of record for horse “Ice Patrol”, were duly notified and failed to appear for their hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Pierre Amestoy’s FOURTH Class 4C MAJOR medication violation in a 365- day period and Mike Abraham’s THIRD Class 4C MAJOR medication violation in a 365- day period.

Ross Amestoy, the trainer of record for horse “Ice Patrol”, was duly notified and waived his rights to a formal hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s FOURTH Class 4C MAJOR medication violation in a 365- day period .

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

    1. A ($5,000) five thousand dollar fine (to be equally divided, $1,666.67 each) to paid on or before May 8, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Ice Patrol” must pass a commission approved veterinary examination before being eligible to enter.
    3. The horse “Ice Patrol” is hereby disqualified from SECOND PLACE and ordered unplaced from the 7th race, on January 7, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Streakin Dome
                2. Whoop Whoop
                3. Siabolical Mile
                4. Accompany
                5. Classy Homewrecker
                6. Darshini
                7. Fortyfoursmokeless
                8. El Gigante
                9. Stormy Dani Unplaced “Ice Patrol
Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling.
Name: RICHARD G WASHINGTON Ruling Date: 4/8/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5150 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Upon being duly noticed, Richard Washington appeared before the Sam Houston Race Park Board of Stewards in the matter of a citation #001032 for possession of contraband issued on 03/31/18 at Sam Houston Race Park. Mr. Washington stated that the syringe w/ needle, in it's original sealed packaging was his property. It's intended use was for newborn foals, and was inadvertently left in his vehicle.

The Sam Houston Race Park Board of Stewards hereby fine Owner/Trainer Richard Washington one hundred (100.00) dollars in an agreed settlement for violation of TxRC rules.

First violation in this category in 365 days.

Name: STEVE A CAPPS Ruling Date: 4/8/2018
Jurisdiction: Kentucky Racing Commission Facility: Keeneland
Ruling Number: #18-0047 Ruling Type: License Type Changed
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey Agent: Steve A. Capps (D.O.B. 12/1/1957)

Jockey Agent license is hereby rescinded without prejudice and he is issued a Trainer license.

Discontinuance of activity for which a license was issued 810 KAR 1:025, Section 14, Subsection (aa)

By Order of the Stewards

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

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

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

By Order of the Stewards

Name: GUILLERMO MORALES Ruling Date: 4/8/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP083 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 105 Fine Paid: N
Suspension Start: 4/19/2018 Suspension End: 10/16/2018
Ruling Text: Having been properly noticed for a formal hearing and having waived that right on April 7, 2018, Owner/Trainer Guillermo Morales (ADG #18662) is hereby fined ONE HUNDRED ($100.00) plus 5% Race Horse Adoption Fund surcharge for a total of ONE HUNDRED FIVE DOLLARS ($105.00) for failing to have the owner of the horse "KISS MY EAGLE" properly licensed resulting in a late scratch in the 3rd race on April 7, 2018 at Turf Paradise Racetrack.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by April 18, 2018, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning April 19, 2018 through and inclusive of October 16, 2018, and this matter is referred to the Director of the Arizona Division of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106.A.; A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.; A.A.C. R19-2-111.D.; A.A.C. R19-2-111.D.2.; A.A.C. R19-2-121.E.2.; A.A.C. R19-2-121.E.3.; A.A.C. R19-2-121.E.3.d.f.; A.A.C. R19-2-121.E.6.a.b.c.d.e.f.i.j.k.;

Name: GUILLERMO MORALES Ruling Date: 4/19/2018
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 17-18TP083-FTC Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 105 Fine Paid: N
Suspension Start: 4/19/2018 Suspension End: 10/16/2018
Ruling Text: RE: 17-18TP083 - Failure to Comply - License is suspended for failing to pay $105 fine.
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: N
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: VICTOR MANUEL DIAZ Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-235 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Victor Diaz was duly notified represented by attorney Daniel Marquez before the Board of Stewards on April 7, 2018, for a hearing that was continued from February 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 “Tf Im That Guy” (Test Sample #: NM29778), who finished 1st place in the 11th race on December 31, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on February 6, 2018.

Lorenzo Vega, the trainer of record for horse “Tf Im That Guy”, was duly notified and represented by attorney Daniel Marquez for this hearing. This is Lorenzo Vega’s FIRST Class 3B medication violation in a lifetime.

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

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Tf Im That Guy” is placed on the Stewards list for a period of 60 days (beginning January 17, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Tf Im That Guy” is hereby disqualified from FIRST PLACE and ordered unplaced from the 11th race on December 31, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Once Over
                2. Jessies First Down
                3. Cobalt Creek
                4. Marseille
                5. De La Eagle
                6. Jm Mister Destiny
                7. Don Quixote
Unplaced “Tf Im That Guy

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.

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

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

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

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

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

Name: MAURO SALCEDO Ruling Date: 4/7/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-225 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/15/2018 Suspension End: 4/22/2018
Ruling Text: Jockey Mauro Salcedo was summoned and appeared before the Board of Stewards on April 7, 2018, for careless riding during the running of the 9th race on April 6, 2018, at Sunland Park Racetrack, while aboard “Big Sierra Cartel”, which resulted in his mount being disqualified from 1st place to 10th place. (Bore out forcing the outside horses into the hindquarters of the #8, tipping the #8 in.)

For this violation, the Board of Stewards assessed Mauro Salcedo, a suspension of 7 calendar days (April 15, 2018, through April 21, 2018). Mauro Salcedo 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 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)(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: Francisco Alfredo Mendez Ruling Date: 4/7/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5149 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Apprentice Jockey Francisco Mendez having been duly noticed waived his right to a formal hearing and his right to appeal and entered into an agreed settlement with the Sam Houston Race Park Board of Stewards on 04/07/18. Mr. Mendez is hereby issued a written warning. On 03/31/18 Mr. Mendez drove his sister's car to the back gate at Sam Houston Race Park. During a compliance inspection of the vehicle, a bottle of Acepromazine that was labeled with the pony horses' owners name on it was discovered. Mr. Mendez was not aware of the Acepromazine being in the vehicle.

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

Name: EDGAR S MARTINEZ Ruling Date: 4/7/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-227 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Edgar S. Martinez was duly notified and appeared for a hearing before the Board of Stewards on April 6, 2018. The hearing was in regard to Edgar S. Martinez failing to be excused from, or to notify the Board of Stewards of his absence, and subsequent failure to honor his riding engagement, entry “RUNAWAYRICK” in the 9th race on March 4, 2018, at Sunland Park Racetrack.

The Board of Stewards hereby fines Edgar S. Martinez in the amount of two hundred dollars ($200.00). The fine is to be paid on or before May 7, 2018, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of and this ruling 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.” 5.2.5.13(C)(3) Which states in pertinent part that “Except as otherwise provided by this subsection, a jockey engaged for a certain race or for a specified time may not fail or refuse to abide by the engagement agreement, unless excused by the Stewards.” 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys15.2.1.8(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: BERT W CRAWFORD Ruling Date: 4/7/2018
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #18-0045 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 4/15/2018 Suspension End: 4/21/2018
Ruling Text: Owner/Trainer: Bert W. Crawford (D.O.B. 6/30/1964)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 00112712 taken from TETRADRACHM, who finished first in the first race at Turfway Park on March 16, 2018 contained MULTIPLE NSAIDS; phenylbutazone (.78 ug/ml in blood) and flunixin (4.1 ng/ml in blood). The concentrations of both permitted NSAIDS are below the primary threshold and above the secondary threshold (2nd offense in 365 days). After waiving your right to a formal hearing before the Board of Stewards you are hereby suspended SEVEN (7) DAYS, April 15, 2018 through April 21, 2018 (inclusive) and fined SEVEN HUNDRED FIFTY ($750.00) DOLLARS. During his suspension Mr. Crawford is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Entry of all horses owned or trained by Mr. Crawford is denied pending transfer to persons acceptable to the stewards. Purse monies and pari-mutuel wagering are not affected by this ruling. 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 1:008 Section 3, subsection (4) 810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:018 Section 2 810 KAR 1:018 Section 8, subsection (3)(a)(b)(c) 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028, Section 4, subsection (5)(a) BY ORDER OF THE STEWARDS

Name: RAMIRO MARTINEZ Ruling Date: 4/7/2018
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 184033 Ruling Type: Reinstatement to Good Standing in State
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: EXERCISE PERSON RAMIRO MARTINEZ IS RESTORED TO GOOD IN STANDING IN THE STATE OF ILLINOIS HAVING PAID AN OUTSTANDING FINE.
Name: VICTOR E SANTIAGO Ruling Date: 4/7/2018
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 184034 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY VICTOR SANTIAGO IS HEREBY ASSESSED A CIVIL PENALTY OF $500 (FIVE HUNDRED) FOR PERMITTING HIS MOUNT SUZ TO CROSS IN FRONT OF ANOTHER HORSE WITHOUT SUFFICENT CLEARANCE DURING THE RUNNING OF THE 7TH RACE ON SATURDAY MARCH 31, 2018 AT HAWTHORNE RACE COURSE. IRB RULE 1416.5(A(B
Name: LUIS RAMON RODRIGUEZ Ruling Date: 4/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-223 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Luis Ramon Rodriguez was duly notified and appeared before the Board of Stewards on April 6, 2018, for standing up before the wire, which resulted in his mount “Fly Lady Fly” not achieving optimal placing in the 3rd race on April 3, 2018, at Sunland Park.

The Board of Stewards hereby fines Luis Ramon Rodriguez in the amount of five hundred dollars, ($500.00). This fine is to be paid on or before May 7, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

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

15.2.5.13(E)(5) A Jockey shall not ease up, or coast to the finish, without adequate cause, even if a horse has no apparent chance to win prize money. 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: JAIME PARGA-LEOS Ruling Date: 4/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-221 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/14/2018 Suspension End: 4/21/2018
Ruling Text: Jockey Jaime Parga Leos, was summoned and appeared before the Board of Stewards on April 6, 2018, for careless riding during the running of the 10th race on March 31, 2018, at Sunland Park Racetrack, while aboard “FLASHNINTHEFASTLANE”, which resulted in his mount being disqualified from 6th place to 9th place. (Drifted out forcing the outside horses into the hindquarters of the #8, tipping the #8 in.)

For this violation, the Board of Stewards assessed Jaime Parga Leos, a suspension of 7 calendar days (April 14, 2018, through April 20, 2018). Jaime Parga Leos 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 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)(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: MICHAEL W JOHNSON Ruling Date: 4/5/2018
Jurisdiction: Illinois Racing Board Facility: Hawthorne
Ruling Number: 184032 Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: TRAINER MIKE JOHNSON IS HEREBY DECLARED INELIGBLE FOR AN OCCUPATIONAL LICENSE IN ILLINOIS FOR SUBMITTING AN NSF CHECK FOR HIS 2017 LICENSING FEE. IRB RULE 502.20 (FILING A COMPLETE APPLICATON)
Name: Misdee W. Miller Ruling Date: 4/12/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22678 Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Ineligible to participate in racing pending completion of license requirements. (Temporary owner license expired 03/17/2018).
Name: Misdee W. Miller Ruling Date: 4/19/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 22678-REST Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
RE: 22678 - Restored to Good Standing on April 4, 2018 upon completion of  license procedures.
Name: DONNIE W. HARPER Ruling Date: 4/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-218 Ruling Type: Disorderly Conduct
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Donald Harper was duly notified and appeared before the Board of Stewards on April 3, 2018. The hearing was in regards Donald Harper’s involvement in a verbal altercation with security personnel in the barn area at Sunland Park Racetrack on March 3, 2018.

The Board of Stewards hereby fines Donald Harper in the amount of ($500) five hundred dollars. This fine is to be paid on or before May 4, 2018 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

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

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

Name: ANTHONY C CHAVEZ Ruling Date: 4/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-219 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/7/2018 Suspension End:
Ruling Text: Trainer Anthony Chavez was duly notified and responded telephonically for a hearing before the Board of Stewards on April 3, 2018. The hearing was in regard to Anthony Chavez failing to comply with the terms of his settlement agreement, dated March 28, 2016.

The Board of Stewards hereby rescinds the Trainer’s license issued to Anthony Chavez, effective April 7, 2018. Anthony Chavez must pass the Trainer’s Test in New Mexico before his Trainer’s license is reinstated.

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

16.47.1.8 L (4)(C) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license if a license is suspended or revoked by the commission or stewards pursuant to these rules the commission or stewards may probate all or any portion of the suspension. If the commission or stewards determine the licensee has failed to comply with the terms of the probation, the probation may be revoked on three days’ notice to the licensee and the licensee may be required to appear before the New Mexico racing commission. Failure to comply with the terms of the probation may subject the licensee to additional disciplinary action

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

Name: OMAR VILLABOS CRUZ Ruling Date: 4/2/2018
Jurisdiction: Arizona Department of Racing Facility: Rillito
Ruling Number: 2018CRI007 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 525 Fine Paid: N
Suspension Start: 4/13/2018 Suspension End: 10/10/2018
Ruling Text: Having been properly notified of a formal hearing, and having waived that right on March 31, 2018, Owner/Trainer Omar Villalobos Cruz (ADG #11748), is hereby fined FIVE HUNFRED DOLLARS ($500.00) plus 5% Race Horse Adoption Fund surcharge for a total of FIVE HUNDRED AND TWENTY-FIVE DOLLARS ($525.00) and suspended FIFTEEN (15) calendar days (April 2, 2018, through APRIL 16, 2018 inclusive) following receipt of a report from Industrial Laboratories indicating blood sample #E230017 taken from the horse "BEAUTIFUL RETURN" winner of the 8th race on March 11, 2018 was confirmed positive for the presence of the foreign substance PIROXICAM (9.4 ng/mL). The horse "BEAUTIFUL RETURN" winner of the eighth race on March 11, 2018, is hereby disqualified and declared unplaced. The revised order of finish is as follows: 1st DASHIN FOR FORTUNE 2nd HEZA MANZY SCOOTER 3rd FIRST PRIZE DOWN 4th LAPRIETA LINDA 2014 5th SUNNITA SPECIAL 6th JFR EL MARRO 7th SHES JESS A PHANTOM The horsemen's bookkeeper is directed to make the necessary changes. This revision of the order of finish does not alter the Pari-Mutuel results of the race in question. The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by April 12, 2018, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning April 13, 2018 through and inclusive of October 10, 2018, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements are satisfied. The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102.19.; A.A.C. R19-2-102.39.; A.A.C. R19-2-106.C.; A.A.C. R19-2-111.A.B.C.; A.A.C. R19-2-120.B.1.; A.A.C. R19-2-120.C.1.; A.A.C. R19-2-120.C.2.; A.A.C. R19-2-120.C.3.; A.A.C. R19-2-120.C.6.; A.A.C. R19-2-120.D.1.; A.A.C. R19-2-120.D.2.; A.A.C. R19-2-120.O.1.; A.A.C. R19-2-120.O.2.; A.A.C. R19-2-121.E.2.; A.A.C. R19-2-121.E.3.; A.A.C. R19-2-121.E.6.
Name: OMAR VILLABOS CRUZ Ruling Date: 4/19/2018
Jurisdiction: Arizona Department of Racing Facility: Rillito
Ruling Number: 2018CRI007-FTC Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 525 Fine Paid: N
Suspension Start: 4/13/2018 Suspension End: 10/10/2018
Ruling Text: RE: 2018CRI007 - Failure to Comply - Suspended 180-days due to nonpayment of $525.00 fine.
Name: DAVID KINDER Ruling Date: 4/2/2018
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #18-0043 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: David L. Kinder (D.O.B. 2/28/1954)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 00112630 taken from ROB AND JON’S GIRL, who finished first in the third race at Turfway Park on March 9, 2018 contained dexamethasone at a level of 20 pg/ml in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards you are hereby fined FIVE HUNDRED ($500.00) DOLLARS. ROB AND JON’S GIRL is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. 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 1:008 Section 3, subsection (4) 810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section (6)(7) 810 KAR 1:018 Section 2 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028, Section 4, subsection (3)(a)(b)

BY ORDER OF THE STEWARDS

Name: JUAN ERNESTO POBLANO Ruling Date: 4/18/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-212-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-212 - Modified Ruling to correct Fine omited .

Owner Juan Poblano 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 1, 2018, for a hearing that was continued from January 21, 2018. The hearing was in regard to an certificate of analysis from UC/Davis (official testing laboratory for the NMRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “First Fancy Tac” (test sample #NC26354) during Out Of Competition Testing on February 6, 2017, at Sunland Park Racetrack in Sunland Park NM . Clebuterol was confirmed in the Split Sample sent to Industrial Laboratories on May 4, 2017. Trainer Raul Vega, the trainer of record for horse “First Fancy Tac”, was duly notified and represented by attorney Daniel Marquez for this hearing.

In accordance with 15.2.6.9 (B)(2) Penalty Recommendations,This is Raul Vega’s FOURTH Class 3B medication violation in a lifetime.

For owner Juan Poblano’s FIFTH Class 3B medication violation in a lifetime, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards issue a penalty as follows. 1.. A ($5,000.00) five thousand dollar fine for the 5th Class B violation, to paid on or before May 18, 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 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d), the horse “First Fancy Tac” was placed on the Stewards list for a period of 60 days (beginning April 14, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(3)(7)(c)(8) Medication Restrictions/ 15.2.6.9(J)(2)(d)(3) Out of Competition Testing/ 16.47.1.8(L)(i)(T)Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license/ 15.2.6.9 (B)(2) Penalty Recommendations

Name: JUAN ERNESTO POBLANO Ruling Date: 4/1/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-212 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner Juan Poblano 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 1, 2018, for a hearing that was continued from January 21, 2018. The hearing was in regard to an certificate of analysis from UC/Davis (official testing laboratory for the NMRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “First Fancy Tac(test sample #NC26354) during Out Of Competition Testing on February 6, 2017, at Sunland Park Racetrack in Sunland Park NM . Clebuterol was confirmed in the Split Sample sent to Industrial Laboratories on May 4, 2017.

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

    1. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d), the horse “First Fancy Tac” was placed on the Stewards list for a period of 60 days (beginning April 14, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(3)(7)(c)(8) Medication Restrictions/ 15.2.6.9(J)(2)(d)(3) Out of Competition Testing/ 16.47.1.8(L)(i)(T)Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license/ 15.2.6.9 (B)(2) Penalty Recommendations

Name: RAUL VELARDE VEGA Ruling Date: 4/11/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-211-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/28/2018 Suspension End: 1/25/2019
Ruling Text: RE: 2018-SUN-211 - Appeal Submitted
Name: RAUL VELARDE VEGA Ruling Date: 4/1/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-211 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/28/2018 Suspension End: 1/25/2019
Ruling Text: Trainer Raul Vega, was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on April 1, 2018, for a hearing that was continued from January 21, 2018. The hearing was in regard to an certificate of analysis from UC/Davis (official testing laboratory for the NMRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “First Fancy Tac(test sample #NC26354) during Out Of Competition Testing on February 6, 2017, at Sunland Park Racetrack in Sunland Park NM . Clebuterol was confirmed in the Split Sample sent to Industrial Laboratories on May 4, 2017.

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

    1. A 6 month suspension of all NMRC licenses to run consecutively from ruling 2018-SUN-40 July 28, 2018, through January 24, 2019, inclusive.
    2. ($2,500) two thousand and five hundred dollar fine to paid on or before May 3, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

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

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(3)(7)(c)(8) Medication Restrictions/ 15.2.6.9(J)(2)(d)(3) Out of Competition Testing/ 16.47.1.8(L)(i)(T)Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license/ 15.2.6.10(B)(1)(2) Absolute insurer/ 15.2.6.9 (B)(2) Penalty Recommendations/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: FRANCISCO ALBERTO AMPARAN Ruling Date: 3/31/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-210 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey, Francisco Amparan was summoned, 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 31, 2018, for failing to make assigned weight in the 7th race on March 18, 2018, at Sunland Park Racetrack.

The Board of Stewards hereby fines Francisco Amparan in the amount of two hundred dollars ($200.00). The fine is to be paid on or before May 1, 2018, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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/ 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: HOWARD EDDIE EDWARD DAVIS Ruling Date: 3/29/2018
Jurisdiction: New Jersey Racing Commission Facility: Freehold Raceway
Ruling Number: 2018-FRE-23 Ruling Type: Medication/Drug Violation - Animal
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: As a result of the administrative hearing conducted on March 24, 2018 at Freehold Raceway, the Board of Judges has determined that Howard (Eddie) Davis, as the trainer of the horse "LIFE IS GOOD AS" which raced in the 11th race on February 10, 2018 at Freehold Raceway, is the responsible party for the care and condition of the horse which was under his custody. The horse "LIFE IS GOOD AS" finished first in the 11th race on February 10, 2018 and as a result was required to submit blood and urine samples for analysis.

The urine sample collected from "LIFE IS GOOD AS" following his performance in the 11th race on February 10, 2018, identified the presence of the prohibited substance Benzoylecogonine.

The presence of Benzoylecogonine in the horse" LIFE IS GOOD AS" on February 10, 2018 is in violation of N.J.A.C . 13:71-23.1.

Consistent with N.J.A.C. 13:71-23.7(b), the horse "LIFE IS GOOD AS" is hereby disqualified from sharing in the purse. The amount of the purse earned by "LIFE IS GOOD AS" in the 11th race on February 10, 2018 ($1,400) is hereby ordered to be redistributed among the eligible finishing horses.

Mr. Davis, as trainer of the horse "LIFE IS GOOD AS" is in violation of N.J.A.C. 13:71-23.6. Based on mitigating factors, Mr. Davis is hereby fined the sum of one-thousand ($1,000.00) dollars.

Violation of N.J.A.C. 13:71-23.1 Violation of N.J.A.C. 13:71-23.6 Violation of N.J.A.C. 13:71-23.7

Name: GREGORY GEORGE MANNING Ruling Date: 3/24/2018
Jurisdiction: Horse Racing Alberta Facility: Century Downs
Ruling Number: 2018-CENT-H#19 Ruling Type: Reinstatement to Good Standing in State
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Having served his suspension and paid his fine regarding Horse Racing Alberta Ruling #68 dated July 18, 2017, is hereby eligible to apply for a 2018 Horse Racing Alberta license.
Name: GERALD EDWARD BROOKS Ruling Date: 3/24/2018
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #18-0036 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: Gerald E. Brooks (4/24/1966)

After waiving your right to a hearing before the Board of Stewards you are hereby fined SEVEN HUNDRED FIFTY ($750.00) DOLLARS for your disorderly conduct, use of profane, abusive and insulting language, and your interference with Turfway Park employees and racing officials while these persons were in the course of performing their duties on association grounds on March 13, 2018. Upon receipt of this ruling, you are required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject you to summary suspension of your license pursuant to 810 KAR 1:025 Section 14 (cc).

810 KAR 1:025 Section 14, Subsection (1)(x)5, (x)8 and (y)

By Order of the Stewards

Name: VILMA I DE LA CRUZ Ruling Date: 3/24/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-193 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer, Vilma De La Cruz waived her rights to a 10 day notice and formal hearing before the Board of Stewards on March 23, 2018. The hearing was concerning to a security citation where her NMRC license was found on an unlicensed person, who was using it to gain access to the Sunland Park stable area on March 20, 2018.

The Board of Stewards hereby fine Vilma De La Cruz in the amount of two hundred dollars ($200.00). The fine is to be paid on or before April 24, 2018, in accordance with 15.2.3.8 (B)(3)(8) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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

16.47.1.8 (R)(3)License Presentation A license may only be used by the person to whom it is issued 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 GARCIA Ruling Date: 3/21/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Ocala Breeders Sales
Ruling Number: 2018-OBS-1 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 150 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2018005673 - F.S. 550.2415 Violation - Methocarbamol.
Name: RUBEN GARCIA Ruling Date: 3/21/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Ocala Breeders Sales
Ruling Number: 2018-OBS-2 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 150 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2018005679 - F.S. 550.2415 Violation = Methocarbamol.
Name: Manuel Perez Melendez Ruling Date: 3/21/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5141 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/21/2018 Suspension End:
Ruling Text: Groom/Hot Walker Manuel Perez Melendez was duly noticed, and failed to appear for a formal hearing before the Sam Houston Race Park Board of Stewards on 2/21/18.

Mr. Perez Melendez's occupational license is hereby revoked in absentia, because when he applied for a license, he failed to disclose that he had been deported to Mexico five times because of multiple criminal convictions. He is not permitted to reside, visit or work inside the United States and was deported to Mexico again on January 19, 2018.

Name: RICHARD PAUL DUHON Ruling Date: 3/21/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5142 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 4/16/2018 Suspension End: 4/22/2018
Ruling Text: Trainer Richard Duhon was duly noticed and telephonically waived his right to a formal hearing and his right to appeal before the Sam Houston Race Park Board of Stewards on 03/21/18.

Mr. Duhon is hereby fined five hundred ($500) dollars and suspended seven (7) days beginning 04/16/18 through 04/22/18 because he was in possession of 2 loaded syringes with needles attached. After being tested at TVMDL one syringe contained Detomidine and the other no drug was found. The contraband was found during a random barn search of Barn E on 02/28/18 at Sam Houston Race Park.

First violation in this category in the previous 365 days.

Name: STEPHEN FARRELL WILLIAMS Ruling Date: 3/20/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5140 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner-Trainer, Stephen F. Williams, having been duly noticed, waived his right telephonically to a formal hearing and his right to appeal before the Sam Houston Race Park Board of Stewards on 03/19/2018. Pursuant to an agreed settlement, is hereby fined two-hundred fifty ($250.00) dollars. Mr. Williams raced the horse, "GOSPEL CARLO" the 2nd place finisher in the 5th race at Sam Houston Race Park on 02/21/2018. A post-race serum sample, labeled SH064735, collected from this horse indicated the presence of Phenylbutazone overage concentration at 3.59+/-0.34mg/ml.

(1st violation in this classification within the past 365 days.)

Name: EMILIO CADENA Ruling Date: 3/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-186 Ruling Type: Employment Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Emilio Cadena III was waived his rights to a 10 day notice and formal hearing before the Board of Stewards on March 18, 2018, for working unlicensed help on March 18, 2018, at Sunland Park Racetrack.

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

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

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

Name: LUIS ALBERTO GUERRERO Ruling Date: 3/20/2018
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5139 Ruling Type: Failure to Pay Fine or Fees
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: 3/31/2018 Suspension End:
Ruling Text: Jockey, Luis Guerrero having failed to appear for a formal hearing before the Board of Stewards at Sam Houston Race Park on 03/10/18 is hereby suspended and he is fined in absentia, fifty ($50) dollars. In order to be reinstated he must make restitution in the amount of one hundred and twenty seven ($127) dollars for NSF check #1010 to the TxRC.

Mr. Guerrero presented check #1010 when renewing his TxRC Jockey license on 02/01/18.

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

Name: OVIDIO M SANDOVAL Ruling Date: 4/19/2018
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22643-REST Ruling Type: Failure to Complete License Procedure
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
RE: 22643 - Restored to Good Standing upon completetion of license procedure on April 13, 2018.
Name: OVIDIO M SANDOVAL Ruling Date: 3/26/2018
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 22643 Ruling Type: Failure to Complete License Procedure
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Ineligible to participate in racing pending completion of license requirements. (Temporary owner license expired 02/26/2018).
 
Name: ALEJANDRO HERRERA MEDELLIN Ruling Date: 3/18/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-183 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, Alejandro Medellin was summoned and appeared before the Board of Stewards, on March 18, 2018, for failing to make assigned weight, which resulted in a late change of rider for entry “DOM DEE DOM DOM DOM” in the 9th race on March 17, 2018, at Sunland Park Racetrack.

The Board of Stewards hereby fines Alejandro Medellin in the amount of two hundred dollars ($200.00). The fine is to be paid on or before April 18, 2018, in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

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/ 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 A IBARRA Ruling Date: 3/18/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-179 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1750 Fine Paid: N
Suspension Start: 3/19/2018 Suspension End: 4/18/2018
Ruling Text: Trainer Sergio Ibarra was duly notified and appeared for a hearing before the Board of Stewards on March 18, 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” and the therapeutic drug Dexamethasone (class 4 penalty category C MAJOR drug) detected in the urine of horse “Lett Her Dominate” (Test Sample #: NM28622), who finished 2nd place in the 3rd race on January 19, 2018, at Sunland Park Racetrack in Sunland Park, NM.

The certificate of analysis from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 123 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 Sergio Ibarra.

Rafael Saenz, the owner of record for horse “Lett Her Dominate”, was duly notified and failed to appear for this hearing. This is Rafael Saenz’s FIRST Class 3B medication violation in a lifetime and FIRST class 4C MAJOR medication violation in a 365-day period.

For Sergio Ibarra’s FIRST Class 3B medication violation in a lifetime and FIRST class 4C MAJOR medication violation in a 365-day period, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 30 day suspension of all NMRC licenses starting March 19, 2018, through April 17, 2018 inclusive.
    2. (Clenbuterol Positive) A ($750.00) seven hundred and fifty dollar fine to paid on or before April 20, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. (Dexamethasone Positive) A ($1,000.00) one thousand dollar fine to paid on or before April 20, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
During said time of applicable suspension Sergio Ibarra 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 by or under the care of Sergio Ibarra 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 Sergio Ibarra must done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.Licensee is found in violation of and 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/ 16.47.1.8(T)Knowledge of the Rules/16.47.1.8(U)Protection of Horses/ 16.47.1.10(B)Absolute Insurer 15.2.1.9(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.
Name: JESUS J CARRETE Ruling Date: 3/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-175 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Jesus Carrete was duly notified and represented by attorneys Carlo Fisco and Darrell Vienna before the Board of Stewards on March 2, 2018, and March 3, 2018, for a hearing that was continued at the request of Carlo Fisco and Darrell Vienna from November 6, 2017, to January 27, 2018 and then continued again to March 2, 2018, and March 3, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Dexamethasone (class 4 penalty category C MAJOR drug), found in test sample NM29002. The test sample was taken from the first place finisher TF Carters Pick” following the 1st race on September 9, 2017, at the New Mexico State Fair in Albuquerque, NM.

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

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

    1. A ($1,000) one thousand dollar fine to paid on or before April 17, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “TF Carters Pick” must pass a commission approved veterinary examination before being eligible to enter.

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

Name: JESUS J CARRETE Ruling Date: 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 ROBERTO GONZALEZ Ruling Date: 3/14/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-5 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Commission remanded Case for Sample #NM24402 on February 16, 2018. Please see D&O in documents.
Name: JOSEPH PATRICK MUSARRO Ruling Date: 3/13/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-37 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: 3/13/2018 Suspension End: 3/22/2018
Ruling Text:
                                                                                                                                                   Ruling No: 2018-037
                                                                                                                                
                                                                                                                                                                  Date: March 13, 2018
 
           
RULING INVOLVES: Jockey/Groom, Joe Musarro                                  
                                       License: #7521. #2466  
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Alere Drug Testing Laboratory stating that the human urine sample #202624088 submitted by Jockey/Groom, Joe Musarro collected at Mahoning Valley Race Course on Wednesday, March 07, 2018. Human urine sample #202624088 contained Benzoylecgonine-Cocaine Metab & Hydrocodone.   
 
As a result of this report, a hearing was conducted in the Steward’s office on Monday, March 12, 2018. Mr. Musarro was presented with the lab report & agreed with the Stewards penalty.       
 
After considering all testimony and evidence presented at the hearing Jockey/Groom, Joe Musarro, D.O.B. 08/21/1991, SSN-XXX-XX-1911, is hereby fined Two Hundred & Fifty ($250.00) Dollars and suspended Ten (10) calendar days from Tuesday, March 13, 2018 through Thursday, March 22, 2018 inclusive. For violation of and as per O.S.R.C. Rules #3769-8-09 (first offense) and 3769-2-26 (A) (10) in addition Mr. Musarro will be subject to future mandatory drug testing.   
 
During his suspension Mr. Musarro is denied privileges of the grounds of all race courses under the jurisdiction of the O.S.R.C. (Backside, Grandstand, and Racino).
 
Fine to be paid within forty-eight (48) hours as per OSRC Rule 3769-7-35.
 
 
 
 
Name: VICTOR DIAZ Ruling Date: 3/24/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-162-RES Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-162 - Ruling Rescinded 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Ruling issued in error per Investigator Ryan, having failed to properly notice licensee.
Name: VICTOR DIAZ Ruling Date: 3/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-162 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Victor Diaz was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 10, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the class 3 penalty B drug “clenbuterol” detected in the urine of horse “Watch For Corona”(Test Sample #: NM13234), who finished third place in the 3rd race on June 13, 2015, at the Downs of Albuquerque Racetrack in Albuquerque, NM. Clenbuterol was confirmed in the urine of the split sample sent to Industrial Laboratories on August 4, 2015.

Martin Orona Jr., the trainer of horse “Watch For Corona”, was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on March 10, 2018, for a hearing that was continued at the request of Daniel Marquez from January 14, 2018, to January 28, 2018, and then continued again to March 10, 2018. This is Martin Orona Jr.’s THIRD Class 3B medication in a 365-day period, in accordance with 15.2.6.9 (B)(2) Penalty Recommendations.

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

    1. A ($5,000) five thousand dollar fine to paid on or before April 13, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Watch For Corona” is hereby disqualified from THIRD PLACE and ordered unplaced from 3rd race on June 13, 2015, at the Downs of Albuquerque Racetrack for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Mess Can
                2. Bederinas Miracle Rf
                3. Lady Secret Sash
                4. First Full Pocket
                5. La Esrella de Oro
                6. Tyebo
                7. BI Corona
Unplaced “Watch For Corona” Unplaced “CD Tight Rope” (ruling 2015-RUI-177) Unplaced “Mr. Mo Runaway” (ruling 2015-ZIA-169)

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

Name: JAMES MAROHN Ruling Date: 3/13/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 18-MDH-9 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Marohn, Jr. is hereby fined the sum of three hundred ($300.00) dollars.

You did use the whip in an unnecessary and indiscriminate manner while scoring #8 "MISQUED " prior to the 12th race on Friday, February 23, 2018.

Violation of NJAC Rule 13:71-20.15

Name: MARTIN M ORONA Ruling Date: 3/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-161 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 7/1/2018 Suspension End: 7/1/2019
Ruling Text: Owner/Trainer Martin Orona Jr. was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on March 10, 2018, for a hearing that was continued at the request of Daniel Marquez from January 14, 2018, to January 28, 2018, and then continued again to March 10, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the class 3 penalty B drug “clenbuterol” detected in the urine of horse “Watch For Corona”(Test Sample #: NM13234), who finished third place in the 3rd race on June 13, 2015, at the Downs of Albuquerque Racetrack in Albuquerque, NM. Clenbuterol was confirmed in the urine of the split sample sent to Industrial Laboratories on August 4, 2015.

Victor Diaz, the owner of horse “Watch For Corona”, was duly notified and failed to appear for this hearing. This is Victor Diaz’s THIRD Class 3B medication in a 365-day period, in accordance with 15.2.6.9 (B)(2) Penalty Recommendations.

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

    1. A 365 day suspension of all NMRC licenses running consecutively from ruling 2018-SUN-73, July 1, 2018, through June 30, 2019, inclusive.
    2. A ($5,000) five thousand dollar fine to paid on or before April 13, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

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

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

Name: ALFREDO SIGALA Ruling Date: 3/11/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-154 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/20/2018 Suspension End: 3/27/2018
Ruling Text: Jockey Alfredo Sigala, was summoned and appeared before the Board of Stewards March 11, 2018, for careless riding during the running of the 1st race on March 9, 2018, at Sunland Park Racetrack, while aboard “EC ON ICE”, which resulted in his mount being disqualified from 6th place to 8th place. (Broke out shortly after the start, impeding the 2 and 3.)

For this violation, the Board of Stewards assessed Alfredo Sigala, a suspension of 7 calendar days (March 20, 2018, through March 26, 2018). Alfredo Sigala 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 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)(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: MARTIN M ORONA Ruling Date: 3/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-152 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer Martin Orona Jr. was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on March 10, 2018, for a hearing that was continued at the request of Daniel Marquez from January 14, 2018, to January 28, 2018, and then continued again to March 10, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the class 3 penalty B drug stanozolol metabolite “OH-stanozolol” detected in the urine of horse “Johnny Walker”(Test Sample #: NM12865), who finished FIRST place in the 2nd race on June 5, 2015, at Ruidoso Downs Racetrack in Ruidoso, NM.

Rogelio Carrasco Sr., the owner of horse “Johnny Walker”, was duly notified and failed to appear for this hearing.

The Board of Stewards hereby dismisses this case due to lack of evidence presented by the State Investigator during the hearing. The case is hereby dismissed and the purse being held from the 2nd race on June 5, 2015, at Ruidoso Downs Racetrack shall be released in its original order.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.1.9(B)(6)(b) Proceedings Before The Board Of Stewards: Evidence The stewards shall allow a full presentation of evidence and are not bound by the technical rules of evidence. The stewards may admit hearsay evidence if the stewards determine the evidence is of a type that is commonly relied on by reasonably prudent people. The rules of privilege recognized by state law apply in hearings before the stewards. Hearsay evidence alone is insufficient basis for a ruling.

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

Name: MARTIN M ORONA Ruling Date: 3/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-152-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-152 - Modified Ruling 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. The State Investigator changed to include the name "Ryan". Owner/Trainer Martin Orona Jr. was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on March 10, 2018, for a hearing that was continued at the request of Daniel Marquez from January 14, 2018, to January 28, 2018, and then continued again to March 10, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the class 3 penalty B drug stanozolol metabolite “OH-stanozolol” detected in the urine of horse “Johnny Walker”(Test Sample #: NM12865), who finished FIRST place in the 2nd race on June 5, 2015, at Ruidoso Downs Racetrack in Ruidoso, NM.

Rogelio Carrasco Sr., the owner of horse “Johnny Walker”, was duly notified and failed to appear for this hearing.

The Board of Stewards hereby dismisses this case due to lack of evidence presented by State Investigator Ryan during the hearing. The case is hereby dismissed and the purse being held from the 2nd race on June 5, 2015, at Ruidoso Downs Racetrack shall be released in its original order.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.1.9(B)(6)(b) Proceedings Before The Board Of Stewards: Evidence The stewards shall allow a full presentation of evidence and are not bound by the technical rules of evidence. The stewards may admit hearsay evidence if the stewards determine the evidence is of a type that is commonly relied on by reasonably prudent people. The rules of privilege recognized by state law apply in hearings before the stewards. Hearsay evidence alone is insufficient basis for a ruling.

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

Name: WILLIAM RAYMOND GROSS Ruling Date: 3/15/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22626 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/9/2018 Suspension End: 4/12/2018
Ruling Text:
Suspended and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending appearance before the Stewards regarding his financial obligation to Equine Track Associates, Inc ($1506).
Name: WILLIAM RAYMOND GROSS Ruling Date: 4/19/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22626-REST Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/9/2018 Suspension End: 4/12/2018
Ruling Text:
RE: 22626 - Restored to Good Standing: Settled his debt with Equine Track Associates.
Name: Ross A Amestoy Ruling Date: 3/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-134 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 3/14/2018 Suspension End: 3/29/2018
Ruling Text: Trainer Ross Amestoy was duly notified and appeared for a hearing before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Methocarbamol (class 4 penalty category C MAJOR drug), found in test sample NM29222. The test sample was taken from the winner Moon River” following the 2nd race on December 29,2017, at Sunland Park Racetrack, in Sunland Park, NM.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 121 ng/ml in the blood, the allowable limit for Methocarbamol is 1.0 ng/ml in the blood (15.2.6.9 Attachment 2 Page 5). Methocarbamol was confirmed at a level of 138±3 ng/ml in the blood of the split sample sent to Industrial Laboratories on January 29, 2018.

Mike Abraham, Pierre Amestoy, and Leslie Amestoy, the owners of record for horse “Moon River”, were duly notified and failed to appear for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is their SECOND Class 4C MAJOR medication violation in a 365- day period . For Ross Amestoy’s SECOND Class 4C MAJOR medication violation in a 365 day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

    1. A ($1,500) one thousand and five hundred dollar fine to paid on or before April 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. A 15 day suspension of all NMRC licenses starting March 14, 2018, through March 28, 2018, inclusive.

During said time of applicable suspension Ross Amestoy is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Ross Amestoy 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 Ross Amestoy 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)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 15.2.6.11(A)(B)Trainer Responsibility/ 16.47.1.10(B)(1-3)Absolute Insurer/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(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: Ross A Amestoy Ruling Date: 3/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-138 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 3/29/2018 Suspension End: 4/28/2018
Ruling Text: Trainer Ross Amestoy was duly notified and appeared for a hearing before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Methocarbamol (class 4 penalty category C MAJOR drug), found in test sample NM29786. The test sample was taken from the winner Western Warning” following the 3rd race on January 2, 2018, at Sunland Park Racetrack, in Sunland Park, NM.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 1630 ng/ml in the blood, the allowable limit for Methocarbamol is 1.0 ng/ml in the blood (15.2.6.9 Attachment 2 Page 5). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ross Amestoy.

Pierre Amestoy and Leslie Amestoy, the owners of record for horse “Western Warning”, were duly notified and failed to appear for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is their THIRD Class 4C MAJOR medication violation in a 365- day period .

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

    1. A ($2,500) two thousand and five hundred dollar fine to paid on or before April 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. A 30 day suspension of all NMRC licenses to run consecutively from ruling 2018-SUN-134, March 29, 2018, through April 27, 2018, inclusive.

During said time of applicable suspension Ross Amestoy 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 Ross Amestoy 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 Ross Amestoy 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)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 15.2.6.11(A)(B)Trainer Responsibility/ 16.47.1.10(B)(1-3)Absolute Insurer/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(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: PIERRE JR. AMESTOY Ruling Date: 4/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-139-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-139 - Modified Ruling 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Owners Pierre Amestoy and Leslie Amestoy were duly notified, failed to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Methocarbamol (class 4 penalty category C MAJOR drug), found in test sample NM29786. The test sample was taken from the winner Western Warning” following the 3rd race on January 2, 2018, at Sunland Park Racetrack, in Sunland Park, NM.

The certificate of analysis from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 1630 ng/ml in the blood, the allowable limit for Methocarbamol is 1.0 ng/ml in the blood (15.2.6.9 Attachment 2 Page 5). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ross Amestoy.

Ross Amestoy, the trainer of record for horse “Western Warning”, was duly notified and appeared for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s THIRD Class 4C MAJOR medication violation in a 365- day period .

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

    1. A ($5,000) five thousand dollar fine divided between the two owners, Pierre Amestoy and Leslie Amestoy ($2,500 each), to be paid on or before April 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Western Warning” must pass a commission approved veterinary examination before being eligible to enter.
    3. The horse “Western Warning” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3rd race on January 2, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Keep On Zenon On
                2. Wheredoesthecashgo
                3. Pac Sum Heat
                4. Big Boom
                5. Tucker D
Unplaced “Western WarningLicensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(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
Name: PIERRE JR. AMESTOY Ruling Date: 3/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-139 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owners Pierre Amestoy and Leslie Amestoy were duly notified, failed to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Methocarbamol (class 4 penalty category C MAJOR drug), found in test sample NM29786. The test sample was taken from the winner Western Warning” following the 3rd race on January 2, 2018, at Sunland Park Racetrack, in Sunland Park, NM.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 1630 ng/ml in the blood, the allowable limit for Methocarbamol is 1.0 ng/ml in the blood (15.2.6.9 Attachment 2 Page 5). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ross Amestoy.

Ross Amestoy, the trainer of record for horse “Western Warning”, was duly notified and appeared for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s THIRD Class 4C MAJOR medication violation in a 365- day period .

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

    1. A ($5,000) five thousand dollar fine divided between the two owners, Pierre Amestoy and Leslie Amestoy ($2,500 each), to be paid on or before April 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Western Warning” must pass a commission approved veterinary examination before being eligible to enter.
    3. The horse “Western Warning” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3rd race on January 2, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Keep On Zenon On
                2. Wheredoesthecashgo
                3. Pac Sum Heat
                4. Big Boom
                5. Tucker D
Unplaced “Western WarningLicensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(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: PIERRE JR. AMESTOY Ruling Date: 4/11/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-139-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-139 - Appeal Submitted
Name: PIERRE JR. AMESTOY Ruling Date: 4/12/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-139-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-139 - Appeal Stay Granted Pending the Appeal Process- STAY granted on this fine until adjudicated. See documents/ or Tina
Name: LESLIE ANN AMESTOY Ruling Date: 4/12/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-140-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-140 - Appeal Submitted
Name: LESLIE ANN AMESTOY Ruling Date: 4/12/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-140-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-140 - Appeal Stay Granted Pending the Appeal Process- a STAY was issued for the fines related to this ruling. See documents, or Tina
Name: LESLIE ANN AMESTOY Ruling Date: 3/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-140 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owners Pierre Amestoy and Leslie Amestoy were duly notified, failed to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Methocarbamol (class 4 penalty category C MAJOR drug), found in test sample NM29786. The test sample was taken from the winner Western Warning” following the 3rd race on January 2, 2018, at Sunland Park Racetrack, in Sunland Park, NM.

The affidavit from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 1630 ng/ml in the blood, the allowable limit for Methocarbamol is 1.0 ng/ml in the blood (15.2.6.9 Attachment 2 Page 5). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ross Amestoy.

Ross Amestoy, the trainer of record for horse “Western Warning”, was duly notified and appeared for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s THIRD Class 4C MAJOR medication violation in a 365- day period .

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

    1. A ($5,000) five thousand dollar fine divided between the two owners, Pierre Amestoy and Leslie Amestoy ($2,500 each), to be paid on or before April 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Western Warning” must pass a commission approved veterinary examination before being eligible to enter.
    3. The horse “Western Warning” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3rd race on January 2, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Keep On Zenon On
                2. Wheredoesthecashgo
                3. Pac Sum Heat
                4. Big Boom
                5. Tucker D
Unplaced “Western WarningLicensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(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: LESLIE ANN AMESTOY Ruling Date: 4/14/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-140-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-140 - Modified Ruling 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Owners Pierre Amestoy and Leslie Amestoy were duly notified, failed to appear, and had their hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on March 6, 2018. The hearing was in regard to a confirmed positive for the therapeutic drug Methocarbamol (class 4 penalty category C MAJOR drug), found in test sample NM29786. The test sample was taken from the winner Western Warning” following the 3rd race on January 2, 2018, at Sunland Park Racetrack, in Sunland Park, NM.

The certificate of analysis from UC/Davis (official testing laboratory for the NMRC) indicated a finding of Methocarbamol at 1630 ng/ml in the blood, the allowable limit for Methocarbamol is 1.0 ng/ml in the blood (15.2.6.9 Attachment 2 Page 5). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ross Amestoy.

Ross Amestoy, the trainer of record for horse “Western Warning”, was duly notified and appeared for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Ross Amestoy’s THIRD Class 4C MAJOR medication violation in a 365- day period .

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

    1. A ($5,000) five thousand dollar fine divided between the two owners, Pierre Amestoy and Leslie Amestoy ($2,500 each), to be paid on or before April 10, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. The horse “Western Warning” must pass a commission approved veterinary examination before being eligible to enter.
    3. The horse “Western Warning” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3rd race on January 2, 2018, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.

1.Keep On Zenon On 2.Wheredoesthecashgo 3.Pac Sum Heat 4.Big Boom 5.Tucker D

Unplaced “Western WarningLicensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(a)(f)(g)(j)Stewards/ 15.2.6.9 medications and prohibited substances/15.2.6.9(B)(4)(e) medications and prohibited substances/15.2.6.9(C)(1) medications and prohibited substances/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)Protection of Horses15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JAVIER G BORUNDA Ruling Date: 4/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-129-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: 3/9/2018 Suspension End: 9/7/2018
Ruling Text: RE: 2018-SUN-129 - Modified Ruling 15.2.3.8 B (1)(e) The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Trainer Javier Borunda 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 February 27, 2018. The hearing was in regards 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 “Guanabenz” detected in the urine of horse “Leona Who” (Test Sample #: NM29577), who finished 2nd place in the 1st race on December 5, 2017, at Zia Park Racetrack in Hobbs, NM. Guanabenz was confirmed in the split sample sent to TVMDL on February 3, 2018.

Armando Arreola Jr., the owner of record for horse “Leona Who”, was duly notified and failed to appear for this hearing. This is Armando Arreola Jr.’s FIRST Class 3B medication violation in a lifetime.

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

        1. A 6 month suspension of all NMRC licenses starting March 9, 2018, through September 6, 2018 inclusive.
        2. A ($3,000.00) three thousand dollar fine to paid on or before April 3, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
During said time of applicable suspension, Javier Borunda 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 , Javier Borunda 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)Trainer Responsibility/16.47.1.8(T)Knowledge of Rules/ 16.47.1.8(U)Protection of Horses/16.47.1.10(B)(1)(2)(3)Absolute Insurer/15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JAVIER G BORUNDA Ruling Date: 3/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-129 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: 3/9/2018 Suspension End: 9/7/2018
Ruling Text: Trainer Javier Borunda 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 February 27, 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 “Guanabenz” detected in the urine of horse “Leona Who” (Test Sample #: NM29577), who finished 2nd place in the 1st race on December 5, 2017, at Zia Park Racetrack in Hobbs, NM. Guanabenz was confirmed in the split sample sent to TVMDL on February 3, 2018.

Armando Arreola Jr., the owner of record for horse “Leona Who”, was duly notified and failed to appear for this hearing. This is Armando Arreola Jr.’s FIRST Class 3B medication violation in a lifetime.

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

    1. A 6 month suspension of all NMRC licenses starting March 9, 2018, through September 6, 2018 inclusive.
    2. A ($3,000.00) three thousand dollar fine to paid on or before April 3, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
During said time of applicable suspension, Javier Borunda 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 , Javier Borunda 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)Trainer Responsibility/16.47.1.8(T)Knowledge of Rules/ 16.47.1.8(U)Protection of Horses/16.47.1.10(B)(1)(2)(3)Absolute Insurer/15.2.6.9(B)(2) Penalty Recommendations 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ARMANDO ARREOLA Ruling Date: 4/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-130-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-SUN-130 - Modified Ruling 15.2.3.8 B (1)(e) The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Owner Armando Arreola Jr., 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 February 27, 2018. The hearing was in regards 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 “Guanabenz” detected in the urine of horse “Leona Who” (Test Sample #: NM29577), who finished 2nd place in the 1st race on December 5, 2017, at Zia Park Racetrack in Hobbs, NM. Guanabenz was confirmed in the split sample sent to TVMDL on February 3, 2018.

Javier Borunda, the trainer of record for horse “Leona Who”, was duly notified and failed to appear for this hearing. This is Javier Borunda’s THIRD Class 3B medication violation in a lifetime.

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

        1. Pursuant to 15.2.6.9 (B)(2) Penalty Recommendations, the horse “Leona Who” must pass a commission approved exam before being eligible to enter.
        2. The horse “Leona Who” is hereby disqualified from SECOND PLACE and ordered unplaced from the 1st race on December 5, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                                1. Money Order
                                2. Exactly Like You
                                3. Infinite Gal
                                4. Waytogohome
                                5. Rolling Ghost
Unplaced “Leona Who

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/ /16.47.1.8(T)Knowledge of Rules/ 16.47.1.8(U)Protection of Horses/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: ARMANDO ARREOLA Ruling Date: 3/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-130 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Armando Arreola Jr., 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 February 27, 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 “Guanabenz” detected in the urine of horse “Leona Who” (Test Sample #: NM29577), who finished 2nd place in the 1st race on December 5, 2017, at Zia Park Racetrack in Hobbs, NM. Guanabenz was confirmed in the split sample sent to TVMDL on February 3, 2018.

Javier Borunda, the trainer of record for horse “Leona Who”, was duly notified and failed to appear for this hearing. This is Javier Borunda’s THIRD Class 3B medication violation in a lifetime.

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

    1. Pursuant to 15.2.6.9 (B)(2) Penalty Recommendations, the horse “Leona Who” must pass a commission approved exam before being eligible to enter.
    2. The horse “Leona Who” is hereby disqualified from SECOND PLACE and ordered unplaced from the 1st race on December 5, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Money Order
                2. Exactly Like You
                3. Infinite Gal
                4. Waytogohome
                5. Rolling Ghost
Unplaced “Leona Who

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

Name: TRACY LEE SLATEN Ruling Date: 4/7/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-120-FO Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/25/2018 Suspension End: 5/26/2018
Ruling Text: RE: 2018-SUN-120 - Ruling Final Outcome Pony Person TRACY LEE SLATEN, (currently summarily suspended) was duly notified and appeared for a hearing before the Board of Stewards on April 6, 2018. The hearing was in regard to TRACY LEE SLATEN refusing to submit to a drug test as requested by Stewards on February 25, 2018.

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

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

Licensee is found in violation of and this ruling is written in accordance with: .47.1.18 (C) ASSESSMENT/TREATMENT REQUIREMENTS GENERAL SECOND-TIME OFFENDERS 16.47.1.17 (C)(6) Human Drug Testing/ Restricted Activities It shall be an offense to exercise the privileges granted by a license from this commission if the licensee: refuses to submit to urine or drug testing, when notified that such testing is based on a random drug testing procedure, is based on reasonable suspicion that the person is using drugs or alcohol or is based on the licensee's acting as if in an impaired condition. 16.47.1.8 (L)(1)(i) – Conduct Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.3.8 B (3)(A) Stewards Disciplinary Action stewards shall take notice of alleged misconduct or rule violations and initiate investigations into the matters. The stewards shall have authority to charge any licensee for a violation of these rules, to conduct hearings and to impose disciplinary action in accordance with these rules. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: TRACY LEE SLATEN Ruling Date: 3/3/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-120-CC Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/25/2018 Suspension End: 5/26/2018
Ruling Text: RE: 2018-SUN-120 - Case Continued Pony Person TRACY LEE SLATEN, shall remain summary suspended, having failed to appear for his summary suspension hearing on March 2, 2018, in accordance with 15.2.1.9(B)(4)(d)non-appearance. Per 15.2.1.9 (C)(21)(a-b) Exclusion, TRACY LEE SLATEN is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC.

Licensee is found in violation of and this ruling is written in accordance with: 15.2.1.9(B)(3)(a) Summary Suspension Which states in pertinent part “If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing”. 15.2.1.9 (B)(3)(b) Summary Suspension 15.2.3.8 B (3)(f) Stewards Disciplinary Action 16.47.1.8 (L)(1)(i) – Conduct Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.3.8 B (3)(A) Stewards Disciplinary Action stewards shall take notice of alleged misconduct or rule violations and initiate investigations into the matters. The stewards shall have authority to charge any licensee for a violation of these rules, to conduct hearings and to impose disciplinary action in accordance with these rules. 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

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

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

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

Name: JON WAYNE DAILEY Ruling Date: 2/23/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Tampa Bay Downs
Ruling Number: 2018-TAM-6 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: CONSENT ORDER # 2018001119, F.S. 550.2415 DRUG VIOLATION = O-DESMETHYLTRAMADOL.
Name: JOHN JOSEPH FILIPELLI Ruling Date: 2/21/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Derby Lane
Ruling Number: 2018-DBL-1 Ruling Type: Medication/Drug Violation - Animal
Breed: Greyhound Division: Dog
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2018008152 - F.S. 550.2415 Violation = Flunixin
Name: CAROLINA GAYTAN Ruling Date: 2/16/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-6 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Commission remanded case for Positive samples NM21010, NM19092, NM19028, NM21275, NM21265 and NM21597. Please see D&O in documents.
Name: MATTHEW ALLEN CRAWFORD Ruling Date: 2/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-89 Ruling Type: Necessitating a Late Scratch
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Racing Secretary Matthew Crawford was duly notified and responded telephonically for a hearing before the Board of Stewards on February 13, 2018. The hearing was in regard to Matthew Crawford improperly entering the horses “Fact Finding” and “You’re to Blame” without the authorization of the owner, trainer, or assistant trainer, on November 15, 2017, at Zia Park Racetrack. As a result of Matthew Crawford’s actions, “Fact Finding” and “You’re to Blame” were scratched from the Zia Park Sprint and Zia Park Derby on November 22, 2017, at Zia Park Racetrack.

The Board of Stewards hereby fine Matthew Crawford in the amount of five hundred dollars, ($500.00). The fine is to be paid on or before March 16, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine within the time prescribed may result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with: 16.47.1.8(L)(1)(e)(i) Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license/ 16.47.1.8(T) Knowledge of Rules/ 15.2.5.8(A)(B)(1-10)(C)(1-6) Entries/ 15.2.3.8 B(1) (3)(a)(f)(g)(j) Stewards

Name: JOSE IGNACIO DEHERRERA Ruling Date: 2/11/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-87 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 2/21/2018 Suspension End: 3/23/2018
Ruling Text: Trainer Jose I. DeHerrera was duly notified and responded telephonically for a hearing before the Board of Stewards on February 11, 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 “Famous Crawdaddy”(Test Sample #: NM30199), who finished 2nd place in the 4th race on November 25, 2017, at Zia Park Racetrack in Hobbs, NM. Clenbuterol was confirmed in the split sample sent to TVMDL on January 17, 2018.

Joaquin Grajeda-Erives, the owner of record for horse “Famous Crawdaddy”, was duly notified and failed to appear for this hearing. This is Joaquin Grajeda-Erives’s FIRST Class 3B medication violation in a lifetime.

For Jose I. DeHerrera’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 February 21, 2018 through March 22, 2018, inclusive.
    2. A ($750.00) seven hundred and fifty dollar fine to paid on or before March 14, 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, Jose I. DeHerrera 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 , Jose I. DeHerrera 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/ 16.47.1.10(B)(1-3)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: JAMES MAROHN Ruling Date: 2/9/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 18-MDH-7 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. J. Marohn, Jr. is hereby fined the sum of three hundred ($300.00) dollars.

While driving #3 JO JO JOVE in the 5th race on Saturday, February 3, 2018, Mr. J. Marohn, Jr. did drive in a careless manner, moving his horse off of the hubless rail pylons into the outer flow without clearance, causing the driver of #10 TERROR OF THE NIGHT to take hold of his horse and move three wide prior to the half mile pole.

Violation of NJAC Rule 13:71-20.6 (a) 1,2,4,5,8,10

Name: LARRY PILOTTI Ruling Date: 2/6/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Calder Race Course
Ruling Number: 22837 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2017060610 - F.S. 550.2415 violation = Methocarbamol.
Name: GASTON LAREAU Ruling Date: 1/30/2018
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Pompano Park
Ruling Number: 22830 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2018002428 - F.S. 550.2415 Violation = Flunixin
Name: JORGE LUIS CARRILLO Ruling Date: 1/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-50-MOD 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-50 - Modified Ruling 15.2.3.8(B)(1)(e) Stewards Authority The stewards shall have the authority to amend, revoke, rescind or modify any ruling that they issued in error in accordance with the laws of this state and these rules. Five thousand dollar penalty was inadvertently omitted in original ruling.

Owner Jorge Carrillo was duly notified and responded telephonically for a hearing before the Board of Stewards on January 20, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for drug “Caffeine” (drug class 2, penalty B) detected in horse “Kick Some Dash”(Test Sample NM30204), who finished 1st place in the 7th race on November 25, 2017, at Zia Park Racetrack in Hobbs, NM.

The original lab report indicated a finding of Caffeine at a level of 164 ng/ml in the blood, which exceeds the regulatory threshold limit for Caffeine of 100 ng/ml in the blood (15.2.6.9 (L)(3)(C)). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Michael Megariz III.

Michael Megariz III, the trainer of record for horse “Kick Some Dash”, was duly notified and appeared for this hearing. This is Michael Megariz III’s SECOND Penalty B medication violation in a lifetime.

For Jorge Carrillo’s FOURTH Penalty B medication violation, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards hereby assess a penalty as follows.

        1. A five thousand dollar ($5,000) fine to be paid on or before January 23, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
        2. The horse “Kick Some Dash”, is hereby disqualified from FIRST PLACE and ordered unplaced from the 7th race on February November 25, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                                1. Pernambuco
                                2. June Bug Junior
                                3. Wood Be a Bullet
                                4. If Ur Cute Im Quick
                                5. Penny Snipin
                                6. Passtheflower
                                7. Crème Dela Cartel
                                8. Eunaway Siesta
                                9. Magic Lil Jesse
Unplaced “Kick Some Dash

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.9(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: JORGE LUIS CARRILLO Ruling Date: 1/23/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-50 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 Jorge Carrillo was duly notified and responded telephonically for a hearing before the Board of Stewards on January 20, 2018. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for drug “Caffeine” (drug class 2, penalty B) detected in horse “Kick Some Dash”(Test Sample NM30204), who finished 1st place in the 7th race on November 25, 2017, at Zia Park Racetrack in Hobbs, NM.

The original lab report indicated a finding of Caffeine at a level of 164 ng/ml in the blood, which exceeds the regulatory threshold limit for Caffeine of 100 ng/ml in the blood (15.2.6.9 (L)(3)(C)). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Michael Megariz III.

Michael Megariz III, the trainer of record for horse “Kick Some Dash”, was duly notified and appeared for this hearing. This is Michael Megariz III’s SECOND Penalty B medication violation in a lifetime.

For Jorge Carrillo’s FOURTH Penalty B medication violation, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards hereby assess a penalty as follows.

    1. The horse “Kick Some Dash”, is hereby disqualified from FIRST PLACE and ordered unplaced from the 7th race on February November 25, 2017, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Pernambuco
                2. June Bug Junior
                3. Wood Be a Bullet
                4. If Ur Cute Im Quick
                5. Penny Snipin
                6. Passtheflower
                7. Crème Dela Cartel
                8. Eunaway Siesta
                9. Magic Lil Jesse
Unplaced “Kick Some Dash

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

Name: RAUL VELARDE VEGA Ruling Date: 1/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-40 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 1/28/2018 Suspension End: 7/28/2018
Ruling Text: Trainer Raul Vega, was duly notified and represented by attorney Daniel Marquez before the Board of Stewards on January 19, 2018, for a hearing that was continued from January 7, 2018, (at the request of Daniel Marquez). The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “Not Holding Back(test sample #NC26355) during Out Of Competition Testing on February 6, 2017, at Sunland Park Racetrack in Sunland Park NM . Clebuterol was confirmed in the Split Sample sent to Industrial Laborites on May 4, 2017.

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

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

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

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

Name: RAUL VELARDE VEGA Ruling Date: 4/11/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-40-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 1/28/2018 Suspension End: 7/28/2018
Ruling Text: RE: 2018-SUN-40 - Appeal Submitted
Name: RAUL VELARDE VEGA Ruling Date: 4/20/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-40-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 1/28/2018 Suspension End: 7/28/2018
Ruling Text: RE: 2018-SUN-40 - Appeal Stay Granted Pending the Appeal Process- See Documentation
Name: Ronald Lynn Stephens Ruling Date: 1/18/2018
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2018-Comm-4 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 10000 Fine Paid: N
Suspension Start: 1/18/2018 Suspension End: 7/19/2019
Ruling Text: Settlement Agreement Reached with General Counsel in District Court- Please see attached Documents

Name: GARY LEE GRAY Ruling Date: 1/17/2018
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #18-0003 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Gary L. Gray (D.O.B. 10/20/1940)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, sample number 00113306 taken from RED ALERT, who finished second in the first race at Turfway Park on December 16, 2017 contained triamcinolone acetonide at a level of 150 pg/ml in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards you are hereby fined FIVE HUNDRED ($500.00) DOLLARS. RED ALERT is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. 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 1:008 Section 3, subsection (4) 810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section (6)(7) 810 KAR 1:018 Section 2 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028, Section 4, subsection (3)(a)(b)

BY ORDER OF THE STEWARDS

Name: DEWAYNE S MINOR Ruling Date: 1/17/2018
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-59 Ruling Type: Trainer Responsibility
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Dewayne Minor is hereby fined the sum of three hundred ($300.00) dollars. Mr. Minor was the trainer of the horse SOUTH SIDE HANOVER in the race 12 on December 29, 2017 at the Meadowlands Racetrack. SOUTH SIDE HANOVER was left unattended in the paddock following race12 for extended period time. As the trainer, Mr. Minor is responsible for SOUTH SIDE HANOVER being unattended in the paddock.

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

Name: PORFIRIO CANO Ruling Date: 12/31/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-237 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/2/2018 Suspension End: 4/1/2018
Ruling Text: Jockey Porfirio Cano is hereby suspended, effective January 2, 2017, for failing to pay the ($200) two hundred dollar fine assessed in Ruling 2017-NMS-33.

During said time of applicable suspension, Porfirio Cano 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.

Licensee is found to be in violation of: 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

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

Name: ANTOINETTE MARIE GONZALES Ruling Date: 12/31/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-243 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/2/2018 Suspension End:
Ruling Text: Trainer ANTOINETTE MARIE GONZALES is hereby suspended, effective January 2, 2017, for failing to pay the ($400) four hundred dollar fine assessed in Rulings 2017-ZIA-151 and 2017-ZIA-168.

During said time of applicable suspension, ANTOINETTE MARIE GONZALES . 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 , ANTOINETTE MARIE GONZALES 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 to be in violation of: 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

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

Name: ROY R MAROHN Ruling Date: 12/22/2017
Jurisdiction: New Jersey Racing Commission Facility: Meadowlands
Ruling Number: 17-MDH-55 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. R. Marohn is hereby fined the sum of three hundred ($300.00) dollars.

You did use the whip in an excessive, unnecessary and indiscriminate manner while driving #6 "PARTY ON THE RIVER" in the 5th race on Thrsday, December 14, 2017.

Violation of NJAC Rule 13:71-20.15

Name: TONY M GALLEGOS Ruling Date: 12/12/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-24 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 4000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Gallegos has entered into a Settlement Agreement with the Commission for the Following Ruling#'s : 2016-DAA-109 2015-DAA-96 2015-DAA-15 2015-DAA-12 See Settlement Agreement in Documents or See Tina Arce

BEFORE THE STATE RACING COMMISSION OF THE STATE OF NEW MEXICO

IN THE MATTER OF THE APPEAL OF: TONY GALLEGOS, TRAINER FOR POSITIVE SAMPLES NM06847, NM07504, NM08572, NM08497 AND FOR HORSES "CORPORATIST," "MIRACLE FISH" AND "GENUINE KISS," "FUTURE JABONERO"

STIPULATED SETTLEMENT AGREEMENT

WHEREAS, TONY GALLEGOS (the "Appellant" or "Licensee") Sample Nos. NM06847, NM07504, NM08572 and NM08497, as the trainer responsible for the horses "CORPORTIST," "MIRACLE FISH," "GENUINE KISS" and "FUTURE JABNERO" which tested positive for the substances of Methocarbomal and Clenbuterol at levels in excess of 100 pglmL, respectively; and therefore were found to be in violation of the State Racing Commission's (the "Commission") prohibition on Methocarbomal and Clenbuterol in excess of 100 pglmL and penalties were imposed; and WHEREAS, Appellant has sought administrative appellate review of Sample Nos. NM06847, NM07504, NM08572 and NM08497, (the "Appeal"); and the Appeal is currently pending a hearing before the Commission; WHEREAS, the Commission and Appellant wish to resolve all matters at issue in the Appeal in an amicable fashion without the need for a formal hearing:

NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE AS FOLLOWS:

      1. Jurisdiction. The Commission has jurisdiction over Licensee and the subject matter of this matter pursuant to the Horse Racing Act, NMSA 1978, Sections 60-1a-1 to -30 (the "Act"), and has the authority to take disciplinary action thereunder.
      2. Waiver of Rights. Licensee knowingly, intentionally and voluntarily waives his right to a hearing and the right to judicial appeal. This waiver includes, but is not limited to, Licensee's right to: (a) a full evidentiary hearing, including the right to present evidence and confront and cross-examine witnesses; and (b) any right to appeal this settlement or any decision rendered by the Commission in connection with these proceedings to the district court or a higher court in the State of New Mexico.
      3. Discipline. As full and final resolution of this matter, TONY GALLEGOS agrees to the following penalties:
        1. A four thousand ($4,000.00)fine to bepaid by Licensee within sixty (60) days of the approval by the Commission at a regular meeting before thepublic after execution of this Settlement Agreement by the parties; this Settlement Agreement shall be deemed approved and executed upon approval by the Commission at a regular meeting before the public after being signed by both parties,· and
(ii) Licensee's Trainer License shall be suspended for 105 days, the Commission shall construe this suspension period as time served. 4. Contingent on Commission Approval. This Settlement Agreement is subject to the binding approval of the Commission, at its discretion. If the Commission rejects this Settlement Agreement, this matter will be heard at a later time, date, and place to be set by the Commission. Any statements made by either party concerning this Settlement Agreement may not be used by either party at a hearing conducted by the Commission.
      1. Right to Counsel. Licensee is aware of his right to seek legal counsel in conjunction with this Settlement Agreement.
      2. Public Records. Licensee further understands that this Settlement Agreement and other documents related to these proceedings are matters of public record under the Inspection of Public Records Act, NMSA 1978, Sections 14-2-1 to -12, unless excepted thereunder or as otherwise may be excepted under applicable law.
      3. Full and Complete Settlement. This Settlement Agreement constitutes a full and complete resolution of all claims and defenses that either party did raise or could have raised with respect to these proceedings and execution of this Settlement constitutes full and final resolution of Licensee's appeal.

IT IS SO STIPULATED AND AGREED:

LICENSEE: TONY GALLEGOS

and

THE NEW MEXICO STATE RACING COMMISSION By: Ismael Trejo Director for the Commission By: Ray dlis Chair of the Commission

Name: CODY LYMOIN REYNOLDS Ruling Date: 12/2/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-207 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/18/2018 Suspension End: 3/19/2018
Ruling Text: Trainer Cody Reynolds, having been duly notified, having 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 December 2, 2017, for being on the grounds (Stable area) of Zia Park Racetrack, while under suspension, on November 7, 2017.

The Board of Stewards hereby issue Cody Reynolds a suspension of all NMRC licenses for a period of 60 days, running consecutively from ruling 2017-RUI-98, February 5, 2018, through April 5, 2018, inclusive.

During said time of applicable suspension , Cody Reynolds is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a) Exclusion. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of , Cody Reynolds 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 : 15.2.1.9 (C)(21)(a) Exclusion The steward, agency director, or commission may order an individual ejected or excluded from all or part of any premises under the regulatory jurisdiction of the commission if the stewards, agency director, or commission determine that the individual's presence on association grounds is inconsistent with maintaining the honesty and integrity of racing.

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

Name: JORGE VALENZUELA Ruling Date: 11/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-180 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer, Jorge Valenzuela, having been duly notified and having responded telephonically before the Board of Stewards on November 11, 2017, for failing to disclose criminal/arrest history on his licensing application.

Aggravating Circumstance: Jorge Valenzuela failed to present documentation for exoneration of these charges.

The Board of Stewards hereby access Jorge Valenzuela a fine in the amount of five hundred dollars ($500.00). The fine is to be paid on or before December 19, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension

Licensee is found to be in violation of: 16.47.1.8 (L)(1)(d) GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE. Application requirements

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

Name: PEDRO CARRILLO GOMEZ Ruling Date: 11/18/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-174 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner Pedro Carrillo, having been duly notified and having appeared before the Board of Stewards on November 18, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Azoom Policy”(Test Sample #: NM27687), who finished 2nd place in the 2nd race on September 24, 2017, at Zia Park Racetrack in Hobbs, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Michael Megariz III.

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

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

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

Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B(2) Penalty recommendations This ruling is written in accordance with 15.2.3.8(B)(3)(k) NMAC/ Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: Carlos Diaz Ruling Date: 11/15/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 2017-DEL-85 Ruling Type: False Ownership/Hidden Ownership
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: WWW.STATE.DE.US/DEPTAGRI Office of the Stewards

November 13, 2017, Delaware Park Stewards Ruling

(164-2017)

STATE OF DELAWARE DEPARTMENT OF AGRICULTURE DELAWARE THOROUGHBRED RACING COMMISSION
777 DELAWARE PARK BOULEVARD WILMINGTON, DELAWARE 19804 PHONE: (302) 994-2521 EXT. 7246 FAX: (302) 993-8932

Assistant Starter Mr. Carlos Diaz, RC/ Id 1808510, DOB 03/26/1967, having appeared at a duly noticed hearing on Monday, November 13, 2017 concerning the violation of ownership of the horse "Rhythm and Moves" by his spouse Ms. Luz M. Bayon and with Mr. Diaz being a racing official. Under the authority of the Stewards, based on evidence and testimony presented at the hearing, Mr. Diaz was found to be in violation of D.T.R.C. Rules 3.3.2, 3.3.3, 3.3.10, and 4.1.2.1, is fined the amount of two hundred and fifty ($250.00.) dollars

Name: MARVIN RICHARDS Ruling Date: 11/13/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 2017-DEL-78 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: ( 165- 2017) Owner- Alleged - Trainer, Mr. Marvin Richards, RCI Id 1859928,D O B 03/23/1973, having appeared at a duly noticed hearing on Monday,Npvember 13, 2017,concering the issuance of a trainers license for which Mr. Richards has never passed a written or verbal examination. Under the authority of the Stewards,based on evidence and tesimony presented at the hearing, Mr. Richards trainer's license that was issued in (Error) shall be RESCINDED Refer to D.T.R.C. Tules 2.4,2.5.1,2.5.1.6,3.3.2, 3.3.7,3.3.10, and 3.4.1.3,and 7.2.1.2.
Name: CLAUDE SOUVERAIN Ruling Date: 10/31/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 2017-DEL-75 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

STATE OF DELAWARE DEPARTMENT OF AGRICULTURE DELAWARE THOROUGHBRED RACING COMMISSION
777 DELAWARE PARK BOULEVARD WILMINGTON, DELAWARE 19804

WWW.STATE.DE.US/DEPTAGRI Office of the Stewards PHONE: (302) 994-2521 EXT. 7246 FAX: (302) 993-8932

October 26, 2017,

Delaware Park Stewards Ruling

(155-2017)

Groom Claude B. Souverain, RCI Id 1984461, DOB 101091197,3 is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous arrest records. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthl)l)

Name: Kasaan Jermaine Beard-Smith Ruling Date: 10/31/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 2017-DEL-76 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: 11/15/2017 Suspension End:
Ruling Text:

STATE OF DELAWARE DEPARTMENT OF AGRICULTURE DELAWARE THOROUGHBRED RACING COMMISSION
777 DELAWARE PARK BOULEVARD WILMINGTON, DELAWARE 19804
WWW.STATE.DE.US/DEPTAGRI Office of the Stewards PHONE: (302) 994-2521 EXT. 7246 FAX: (302) 993-8932

October 26, 2017,

Delaware Park Stewards Ruling

(156-2017)

Groom Kasaan J. Beard-Smith, RCI Id 2133033, DOB 11/911995, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous arrest records. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthlYJ

Name: Kasaan Jermaine Beard-Smith Ruling Date: 11/15/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 2017-DEL-76-FTC Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: 11/15/2017 Suspension End:
Ruling Text: RE: 2017-DEL-76 - Failure to Comply November 15, 2017, Delaware Park Stewards Ruling (166-2017) STATE OF DELAWARE DEPARTMENT OF AGRICULTURE DELAWARE THOROUGHBRED RACING COMMISSION 777 DELAWARE PARK BOULEVARD WILMINGTON, DELAWARE 19804 PHONE: (302) 994-2521 EXT. 7246 FAX: (302) 993-8932

Groom Mr. Kasaan J. Beard-Smith, RC/ Id 2133033, DOB 11/9/1995, is hereby suspended indefinitely until his outstanding one hundred dollar ($100.00)flnefor falsifying his 2017 license application, is paid inf ull. Mr. Beard-Smith shall be denied the privileges of all grounds under the jurisdiction of the Delaware Thoroughbred Racing Commission, Refer to D.T.R.C. Rules 2.5.1.17.1, 3.3, 3.4, and 18.1 (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: Phylis Viamantio Ruling Date: 10/31/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 2017-DEL-74 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

STATE OF DELAWARE DEPARTMENT OF AGRICULTURE DELAWARE THOROUGHBRED RACING COMMISSION
777 DELAWARE PARK BOULEVARD WILMINGTON, DELAWARE 19804

WWW.STATE.DE.US/DEPTAGRI Office of the Stewards PHONE: (302) 994-2521 EXT. 7246 FAX: (302) 993-8932

October 26, 2017,

Delaware Park Stewards Ruling

(154-2017)

Groom Phylis A. Viamantie, RCI Id 2128674, DOB 06/3/1958, is hereby fined the sum One Hundred ($100.00) dollars for the falsification of her 2017 State License application with the omission of a previous arrest record. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded month/JI)

Name: MICHAEL VINCENT PINO Ruling Date: 4/20/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 140-2017-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 5/30/2018 Suspension End: 6/14/2018
Ruling Text: 142-2017 Trainer Michael Pino, DOB 11/24/1962, RCI 1896259, ha s filed an appeal to the Delaware Thoroughbred Racing Commission in regards to the Stewards Ruling 140-2017, where Mr. Pino was given a fifteen (15) calendar days sus pens ion, a fine in the amount of Five Hundred Dollars ($500.00), 2 points towards the ARCI Medication point system and the disqualification of the horse " Bridget' s Big Luvy" from all purse monies; at this time the Delaware Thoroughbred Racing Commission ha s granted a Stay until the case is heard. Refer to D.T.R.C. Rules 3.3, 3.4, 19.2, 19.2.1 and 19.2.2.
Name: MICHAEL VINCENT PINO Ruling Date: 4/20/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 140-2017-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 5/30/2018 Suspension End: 6/14/2018
Ruling Text: RE: 140-2017 - Ruling Final Outcome Delaware Park Stewards Ruling (1-2018) By ruling 140-2017, the Board of Stewards at Delaware Park found trainer Michael Pino in violation of D.T.R.C. Rules 7.3.1, 7.3.6, 10.8.1.3, 15.1.1.1, 15.1.2.2, 15.1.3.1, 15.1.3.1.1, 15.1.3.1.2 and 15.3.2. in connection with a post-race positive revealing the presence of "Clenbuterol” in the horse “Bridget’s Big Luvy,” who finished first in the eighth race on Saturday, August 12, 2017. Mr. Pino filed an appeal to the Delaware Thoroughbred Racing Commission on October 24, 2017, and was granted a stay; see Steward’s ruling 142-2017. The appeal hearing was conducted at the January 17, 2018, Commission Meeting. Steward’s ruling 140-2017 was upheld in an order issued by the Commission on March 8, 2018 As a result, Mr. Pino is fined the sum of five hundred ($500.00) dollars and suspended fifteen (15) calendar days from Wednesday, May 30, 2018, through and including Wednesday, June 13, 2018. During the period of his suspension, he shall be denied the privileges of all grounds under the jurisdiction of the Delaware Thoroughbred Racing Commission. Refer to D.T.R.C. Rules 3.4 and 18.1. Fine must be paid within 48 hours. Also for a class B drug violation Mr. Pino shall incur Two (2) Points towards the ARCI Medication point system. The horse “Bridget’s Big Luvy" is disqualified from all purse monies in the eighth race on Saturday, August 12, 2017. The purse is ordered redistributed as follows: 1st –Twocubanbrothersu; 2nd –Flash McCaul; 3rd –Langdarma; 4th-Sugar Buzz; 5th-Fundy’s Tide; 6th-Artistic Drifter; 7th- Bridget’s Big Luvy. This ruling in no way affects the pari-mutuel wagering in this race. Refer to D.R.T.C. Rules 17.6.1 and 17.7.
Name: MICHAEL VINCENT PINO Ruling Date: 10/25/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 140-2017 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 5/30/2018 Suspension End: 6/14/2018
Ruling Text: A report from Truesdail Laboratories, Inc., the official Chemists of the Delaware Thoroughbred Racing Commission, showed that the blood and urine sample 18678, taken from the horse "Bridget's Big Luvy", who finished first in the eighth race on Saturday, August 12, 2017, tested positive/or "Clenbuterol". The trainer of this horse, Mr. Michael Pillo, RC/ Id 1896259, DOB 11/24/1962, availed himself to a split sample. The testing of the split sample was confirmed on 10/4/2017 by Industrial Laboratories.

As a result of the positive, Mr. Pino was notified for a hearing. Having appeared/or a hearing on October 20, 2017; Mr. Pino voluntarily waived his right to he represented by legal counsel. Under the authority of the Stewards, refer to D.T.R.C. 3.3.1, 3.3.3, 3.3.10, 3.4.1, 3.4.1.7, and based on evidence and testimony presented at the /tearing, Mr. Pino was found to be in violation of D.T.R.C. Rules 7.3.1, 7.3.6, 7.3.9, 10.8.1.3, 15.J.J.J, 15.1.1.2, 15.1.2.2, 15.1.2.6, 15.1.2.7, 15.1.3.1, 15.1.3.1.1, 15.1.3.1.2 and 15.3.2. Mr. Pino is fined the sum of five hundred ($500.00) dollars and suspended fifteen (15) calendar days from Wednesday, October 25, 2017, through and including Wednesday, November 8, 2017. During the period of his suspension, he shall be denied the privileges of all grounds under the jurisdiction of the Delaware Thoroughbred Racing Commission. Refer to D.T.R.C. Rules 3.4 and 18.1. Fine must be paid within 48 hours. Also for a class B drug violation Mr. Pino shall incur Two (2) Points towards the ARC/ Medication point system.

The horse " Bridget's Big Luvy" is disqualified from all purse monies in the eighth race on Saturday, August 12, 2017. The purse is ordered redistributed as follows: 1st - Twocubanbrothersu; 2nd - Flash McCaul; 3rd -Langdarma; 4th-Sugar Buzz; 511'- Fundy's Tide; 6th-Artistic Drifter; 7'"- Bridget's Big Luvy. This ruling in no way affects the pari-mutuel wagering in this race. Refer to D.R.C. Rules 17.6.1 and 17.7.

Name: LEWIS G LAKIN Ruling Date: 10/9/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 127-2017 DEL Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: October 9, 2017,

Delaware Park Stewards Ruling

(127-2017)

Owner Lewis G. Lakin RCI Id 1993455, DOB 0811611934, is hereby fined the sum One Hundred ($100.00) dollars for falsification of his 2017 State License application with the omission of previous ARCI Rulings. Refer to D.T.R.C. Rules 2.5.1.3, 3.3, 3.4, 3.4.1.15 and 18.1. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthlYJ

Name: ROBERT MOSER Ruling Date: 10/1/2017
Jurisdiction: Wyoming Pari-Mutuel Commission Facility: Energy Downs
Ruling Number: 2017-ED-3 Ruling Type: Failure to Complete License Procedure
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/1/2017 Suspension End: 4/16/2018
Ruling Text:
Ruling No. #17-0025
In the Disciplinary Matter of Robert Moser WPMC #17-1123 Owner
Robert Moser is hereby made ineligible for licensing by the Wyoming Pari- Mutuel Commission for failure to complete “temporary owner license” issued on September 9, 2017, and shall remain ineligible for licensing until the owner licensing procedure has been completed.

Robert Moser is denied access to all racing and OTB facilities under the control of the Wyoming Pari-Mutuel Commission. Chapter 7, Section 1A, Section 7A

Wyoming Board of Stewards: Bill Brown / Tom Davis / Pat Mackey

Name: ALEXIS MERCADO-PEREZ Ruling Date: 9/30/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 120-2017 DEL Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: September 30, 2017

Delaware Park Stewards Ruling

(120-2017)

Assistant Trainer Alexis Mercado, RC/ 1567688, DOB 12/18/1983, is hereby fined the sum of Two Hundred Fifty ($250.00) dollar for being disrespectful, using profane and abusive language toward a Security Officer while in performance of his duties. Refer to D.T.R.C. Rules 2.5.1.13, 3.3, 3.4 and 3.4.1.15. Fine must be paid within 48 hours. (Monetary fines not paid within the parameters of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded month/JI)

Name: JOSE GERMAN CASTANON Ruling Date: 9/30/2017
Jurisdiction: Kentucky Racing Commission Facility: Churchill Downs
Ruling Number: #17-0089 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 10/7/2017 Suspension End: 11/5/2017
Ruling Text: Owner/Trainer: Jose G. Castanon (D.O.B. 7/31/1971)

Upon receipt of notification from LGC Science, Inc., the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at Industrial Laboratories (Sample Code 17082206-001), sample number 0101772 taken from RUN TO GLORY, who finished first in the third race at Ellis Park on July 9, 2017 contained strychnine in blood (Class B drug). After waiving your right to a formal hearing before the Board of Stewards you are hereby suspended THIRTY (30) days, October 7, 2017 through November 5, 2017 (inclusive) and fined FIVE HUNDRED ($500.00) DOLLARS. RUN TO GLORY is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. During his suspension Mr. Castanon is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Entry of all horses owned or trained by Mr. Castanon is denied pending transfer to persons acceptable to the stewards. 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 1:008 Section 3, subsection (4) 810 KAR 1:012 Section 10, subsection (3) 810 KAR 1:017 Section (6)(7) 810 KAR 1:018 Section 2, subsection (2)(5)(6) 810 KAR 1:018 Section 15, subsection (2)(3) 810 KAR 1:028, Section 4, subsection (2)(a) 1.(b)

BY ORDER OF THE STEWARDS

Name: RAYMOND gene RADFORD Ruling Date: 9/21/2017
Jurisdiction: Minnesota Racing Commission Facility: Canterbury Park
Ruling Number: C17116 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/27/2017 Suspension End: 11/23/2017
Ruling Text: Having appeared with counsel before the Board of Stewards, Pony Rider Raymond Radford Jr. is hereby issued a license suspension of ninety (90) days as a result of a positive urine sample. Credit is given for time served from August 27, 2017 through the hearing date of September 21, 2017, making the ending date of the suspension November 23, 2017. In addition, Radford is directed to undergo an assessment for substance abuse and fully comply with any recommendations that result. Prior to relicensing, Radford must meet with the stewards and provide proof of completion of the above requirement as well as a negative urine sample.

On August 26, 2017, Radford was administered an on-site saliva drug screen, which resulted in a positive finding. On August 27, 2017, Radford supplied a subsequent urine sample (V17060788), which was sent to an off-site laboratory for analysis. On August 31, 2017, a notice of a positive finding for a controlled substance was received from Advanced Drug Testing, Inc. In the opinion of the Board of Stewards, Radford failed to provide an explanation for this result.

During his suspension, Radford is denied privileges of the grounds of all racetracks under the jurisdiction of the Minnesota Racing Commission.

Minnesota Rules: 7879.0200 (Stewards Authority and Duties) Subp. 1.A.C.-General authority of stewards 7877.0155 H. (Conditions Precedent to Licensing) 7897.0110 (Use of Drugs and Alcohol) Subp. 1.-Drugs 7897.0150 (Disciplinary and Appeal Procedures) Subp. 1.A.--Stewards' Meetings, and Subp. 2. -Penalties imposed by stewards

Name: PORFIRIO CANO Ruling Date: 9/20/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2017-NMS-33 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 Porfirio Cano, having been summoned and having appeared before the Board of Stewards on September 20, 2017, for failure to make sufficient effort to maintain his lane while aboard “Cache This Cheque” in the 5th race on September 17, 2017 at the New Mexico State Fair. (#7 drifted across in front of the inside horses making it tight for there forward progress)

Licensee is found to be in violation of: 15.2.5.13(E)(3)(d) NMAC: Post to Finish (d) In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane in such a manner that it interferes with, impedes or intimidates another horse, it is a foul and may result in the disqualification of the offending horse.

The Board of Stewards hereby assess, Porfirio Cano a fine in the amount of two hundred dollars, ($200.00). The fine is to be paid on or before October 19, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

This ruling is written in accordance with: 16.47.1.8. T. KNOWLEDGE OF RULES:

Name: Carlos Constancio Gonzalez Ruling Date: 9/18/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-20 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:

STATE OF NEW MEXICO
BEFORE THE RACING COMMISSION

IN THE MATTER OF CARLOS GONZALEZ, TRAINER, APPLICANT ID NO. 28926 MELAQUIAS VALDEZ, OWNER, APPLICANT ID NO. 25906 POSITIVE SAMPLE NO. NM15188 HORSE “DEFINITELY NOT”

Respondents.

DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on review of the hearing officer’s report regarding the above named Trainer and Owner; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material; WHEREAS, the hearing officer’s report is attached to this Decision and Order; WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law incorporated herein by reference. WHEREAS the Commission voted unanimously to adopt the recommendations of the Hearing Officer, incorporated herein. IT IS THEREFORE ORDERED as to Trainer Carlos Gonzalez offense Sample No. NM15188 pertaining to horse “Definitely Not:”

      1. That the Contemplated Disciplinary Action against Respondents be dismissed without prejudice; and
      2. The purse in this matter for “Definitely Not” be released.
This Decision and Order shall be served upon Appellant Trainer Carlos Gonzalez. This Order will take effect upon the date of filing. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA within 30 days of the date that this Order was signed by the Commission. IT IS SO ORDERED.
Name: SAMUEL ROBLEDO Ruling Date: 9/12/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-12 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 9/25/2017 Suspension End: 9/25/2020
Ruling Text:
DECISION AND ORDER

WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on August 17, 2017, on review of the hearing officer’s report regarding the above named Trainer and Owner; WHEREAS, proper notice was given to those parties entitled to notice; WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material; WHEREAS, the hearing officer’s report is attached to this Decision and Order; WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law incorporated herein by reference; WHEREAS, the Commission finds that Trainer’s actions constitute a violation of New Mexico Racing Commission Rules; WHEREAS the Commission finds there to be sufficient evidence to support the findings of violations on behalf of Trainer; WHEREAS the Commission voted unanimously to adopt the penalty recommendations of the Hearing Officer, incorporated herein, and incorporating additional conditions. IT IS THEREFORE ORDERED as to Trainer Samuel Robledo offense Sample No. NM18383 pertaining to horse “Sweet Lady Corona,” Trainer Robledo is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Zilpaterol) in a horse he is training. As such, Trainer, the Owner, and the horse “Sweet Lady Corona,” shall be assessed penalties as follows with conditions as follows: Samuel Robledo as Trainer

      1. A suspension of three (3) years, pursuant to regulation 15.2.6.9(C)(1) NMAC (9/15/2015); and
      2. A fine of $25,000 or 25% of the total purse, whichever is greater, to be paid in one lump sum prior to appearing before the Commission as set forth in IV below.
      3. Once eligible, Appellant Trainer Samuel Robledo must retake and pass the trainer’s test prior to the three (3) year suspension of his license being lifted;
      4. Appellant Trainer Samuel Robledo must personally appear before the Commission prior to the suspension of the license being lifted and after having taken and passed the trainer’s test. Appellant Trainer Samuel Robledo must request to be placed on the Agenda;
      5. Appellant Trainer Samuel Robledo is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;

Jaime Brito as Owner VI. For the offense of the positive test of Zilpaterol Sample No. NM18383 pertaining to horse “Sweet Lady Corona” which placed 1st in the 2nd race at the Zia Park Race Track in Hobbs, NM on November 2, 2015 the penalty imposed shall be disqualification and unplaced; VII. Loss of purse; and VIII. Sweet Lady Corona shall be placed on the veterinarian’s list for one hundred twenty (120) days and must pass a Commission-approved examination before becoming eligible to be entered in any race which is governed by the New Mexico Racing Commission This Decision and Order shall be served upon Trainer Samuel Robledo and Owner Jaime Brito. This Order will take effect on September 25, 2017. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA within 30 days of the date that this Order was signed by the Commission. IT IS SO ORDERED.

Name: KENNETH LAYMON Ruling Date: 9/7/2017
Jurisdiction: Iowa Racing Commission Facility: Prairie Meadows
Ruling Number: 2017-PRM-55 Ruling Type: Conduct Detrimental to Racing
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 8/27/2017 Suspension End: 2/21/2019
Ruling Text:
(Received another stay beginning 4/18/18 that is indefinite due to a settlement of the appeal that is in the process of being finalized)
(Original term date of this suspension was 8/27/2018, however a stay was given to this licensee from October 16, 2017 through April 13,2018 (179 days) therefore 179 days was added to the end of the suspension date making the new end date 2/21/2019.) On August 26, 2017, the Board of Stewards summarily suspended Trainer Kenneth Laymon’s 2016-2018 IRGC occupational license under 491 IAC 4.47(17A), 491 IAC 4.47(1). The Board determined Laymon posed an immediate danger to the public health, safety, or welfare for the alleged violation of; 491 IAC 6.5(3) “i” & “p” and 99D.25 7.  
 
491 IAC 6.5(3) Has been involved in any fraudulent or corrupt practices, including, but not limited to: 6.5(3) ”i” Conduct in Iowa or elsewhere has been dishonest, undesirable, detrimental to, or reflects negatively on, the integrity or best interests of racing and gaming; 491 IAC 6.5(3)”p” Possessing any equipment for hypodermic injection, any substance for hypodermic administration, or any container designed to hold an injectable substance (narcotics, medications, drugs, or substances which could be used to alter the speed of racing animals) by anyone other than a veterinarian licensed by the commission… and 99D.25 7 A person found within or in the immediate vicinity of a security stall who is in possession of unauthorized drugs or hypodermic needles or who is not authorized to possess drugs or hypodermic needles shall, in addition to any other penalties, be barred from entry into any racetrack in Iowa and any occupational license the person holds shall be revoked.
 
 The Board received an August 25, 2017 Prairie Meadows Security Report stating on August 25, 2017, Prairie Meadows Security caught Assistant Trainer Victor Ibarra in possession of two loaded syringes in his barn (D1.) Ibarra is employed by Trainer Kenneth Laymon.
 
Laymon requested his hearing be held on August 27, 2017 to address this matter.  Laymon’s hearing was held in Board of Steward’s Office on the backside of Prairie Meadows.   The hearing was to determine if Trainer Kenneth Laymon was in violation of the above mentioned state statue and IRGC Rules of Racing. Laymon appeared in person and was represented by Attorney John Mac Hayes who participated via telephone.  Also present were Prairie Meadows Security Officer Victoria Palmer and Prairie Meadows Security Supervisor Joe Shearer. Shearer did not participate in the hearing; he appeared in an observatory position only.
 
The Board introduced the following exhibits into the administrative file:
 
Exhibit A:  A photo copy of Trainer Kenneth Laymon’s summary suspension ruling 45862.
 
Exhibit B: A photo copy of Prairie Meadows Security Incident Report dated August 25, 2017 @ 1500 hrs.
 
Exhibit C: A photo copy of Prairie Meadows Security Incident Report dated August 25, 2017 @ 1530 hrs.
 
Officer Palmer testified the Prairie Meadows Security Incident Report she authored (Exhibit B) was accurate.  Officer Palmer testified when she was walking through Barn D1 conducting a barn patrol, she heard two male voices on the opposite side.  Before rounding the corner, she turned her security radio down and grasped the keys that hung from her belt with her hand. As she (Palmer) rounded the corner at the north end of D1, Veterinarian Jones walked by her heading north.  As she headed down the shed row, she (Palmer) observed Assistant Trainer Victor Ibarra walking in front of her.  She did not observe anyone else in the barn at that time.  When Ibarra got to the middle of the barn on the west side, he bent over at a bale of hay and placed something behind it.  Palmer testified she advised Ibarra to hand her what he placed behind the hay.  Ibarra handed her two syringes wrapped together in bubble wrap.  Palmer’s report states the syringes each had a yellow cap over the 1 ½ inch, 9 gauge needles, and contained 12 ml of an unknown substance.  Palmer further testified, and Exhibit B states, she (Palmer) asked Ibarra why he hid the syringes and he (Ibarra) said that Jones gave them to him and told him to hide them.  The report (Exhibit B) further states Palmer radioed the stable gate to have Training Manger Kendra Sickels come to D1 immediately.  Said report states Jones returned to D1 and stated to Sickels that the syringes were for horses that were running on Sunday.  Ibarra told Sickels that the syringes were for horses running tomorrow (Saturday.)  
 
The Board notes:  This incident took place at approximately 1500 (3:00p.m.) Friday, August 25, 2017.  Trainer Laymon had two horse scheduled to race on Friday (25), two Saturday (26) and eight on Sunday (27.)
 
Trainer Laymon testified he was not present at his barn (D1) at the time Officer Parmer caught Ibarra with the syringes.  Laymon testified Ibarra has been with him for approximately eight years and he (Laymon) is in the process of handing his training business over to him (Ibarra.)  Laymon testified he did not know Ibarra was going to inject his horses.  Laymon stated he allows Ibarra to run his shedrow as he (Ibarra) feels is best.  Laymon testified he does go to his barn on a regular basis and discusses how the horses are doing and their training with Ibarra. Laymon further testified Dr. Verlin Jones is his practicing veterinarian and has authority to treat his horses as he (Jones) feels they need it, usually on a Monday or Tuesday for horses racing that week.  Laymon further testified he knows the rules of racing and he is ultimately responsible for this horses and his employee (Ibarra.)      
 
The Board finds, based upon the preponderance of evidence and testimony, Trainer Kenneth Laymon in violation of the aforementioned state statue and IRGC Rules of Racing.  Laymon’s position of trainer is one of highest responsibility and integrity, and as such, affects jockeys, equine athletes and the public health, safety and welfare of the racing industry.  Therefore, the board hereby suspends Kenneth Laymon’s IRGC occupational Trainer license for a period of (one) 1 year, August 27, 2017 through August 26, 2018 and fines Laymon one thousand dollars ($1,000.00.)    
Name: LUIS R DOMINGUEZ Ruling Date: 8/30/2017
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park
Ruling Number: 22813 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 150 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2017041235 - F.S. 550.2415 violation = Phenylbutzone & Flunixin.
Name: LUIS R DOMINGUEZ Ruling Date: 8/30/2017
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park
Ruling Number: 2018-GP-7 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 150 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Administrative Complaint # 2017040050 - F.S. 550.2415 Violation = Phenylbutazone & Flunixin.
Name: Sergio Becerra Ruling Date: 8/26/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-159 Ruling Type: Failure to Report or Appear
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Jockey Sergio Becerra Jr , having failed to appear or send a jockey guild’s representative after being summoned regarding the 1st race on August 20, 2017 at Ruidoso Downs, is hereby assessed a fine of one hundred dollars ($100.00). The fine is to be paid on or before September 26, 2017, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.

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

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

Name: JORGE LUIS CARRILLO Ruling Date: 8/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-78 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Jorge L. Carnillo having been duly notified, and appeared with trainer Adam Tapia before the Board of Stewards Aug.16, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 46 pg/ml in the horse “Kick Some Dash” (Test Sample #: NM27222), who finished 2nd in the 4th race on June 25, 2017, at The Downs at Albuquerque. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and confirmed by Industrial Labs at 47.1 pg/ml. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

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

    1. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Kick Some Dash” is placed on the Stewards list for a minimum period of 60 days (beginning July 11, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Kick Some Dash” is hereby disqualified from 2nd Place and ordered unplaced from the 4th race on June 25, 2017 at The Downs at Albuquerque for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Jess Pollitical
                2. Famous She Is
                3. Witman
                4. Magic Corona
                5. El Tenedor
                6. Miss Pretty Tee
                7. A Horse Called Buddy
                8. Carters Way to Fly
Unplaced “Kick Some DashThis ruling is written in accordance with: 15.2.3.8(B)(3)(k): Redistribution of Purses and Prizes/ 15.2.5.13(E)(4)(d) : Stewards General Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

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

Name: ADAM A TAPIA Ruling Date: 8/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-76 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 8/16/2017 Suspension End: 9/30/2017
Ruling Text: Trainer Adam A. Tapia having been duly notified, and appeared before the Board of Stewards Aug. 16, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 46 pg/ml in the horse “Kick Some Dash” (Test Sample #: NM27222), who finished 2nd in the 4th race on June 25, 2017, at The Downs at Albuquerque. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded and confirmed by Industrial Labs at 47.1 pg/ml. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

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

    1. A 45 day suspension of all NMRC licenses starting Aug. 16, 2017, through Sep. 29, 2017, inclusive.
    2. A ($1000.00) One Thousand dollar fine to paid on or before Sep. 15, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Chicks in Chains” is placed on the Stewards list for a minimum period of 60 days (beginning July 11, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Adam A. Tapia is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Adam A. Tapia are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

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

Name: ADAM A TAPIA Ruling Date: 11/11/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-76-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 8/16/2017 Suspension End: 9/30/2017
Ruling Text: RE: 2017-DAA-76 - Modified Ruling Trainer Adam A. Tapia having been duly notified, and appeared before the Board of Stewards Aug. 16, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 46 pg/ml in the horse “Kick Some Dash” (Test Sample #: NM27222), who finished 2nd in the 4th race on June 25, 2017, at The Downs at Albuquerque. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded and confirmed by Industrial Labs at 47.1 pg/ml. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

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

    1. A 45 day suspension of all NMRC licenses starting Aug. 16, 2017, through Sep. 29, 2017, inclusive.
    2. A ($1000.00) One Thousand dollar fine to paid on or before Sep. 15, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Kick Some Dash” is placed on the Stewards list for a minimum period of 60 days (beginning July 11, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
During said time of applicable suspension, Adam A. Tapia is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Adam A. Tapia are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

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

Name: Alfonso Borrego Ruling Date: 8/19/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-71 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 8/29/2017 Suspension End: 11/27/2017
Ruling Text: Trainer, Alfonso Borrego, having appeared before the Board of Stewards with attorney Helene Garduno Dobbins on August 18, 2017, for an altercation in the barn area at The Downs in Albuquerque, on Sunday July 16, 2017. Alfonso Borrego is found to be in violation of 16.47.8(L)(i) NMRC rules.

Licensee is found to be in violation of: 16.47.8.(L) NMAC: GROUNDS FOR DISCIPLINARY MEASURES FOR A LICENSEE, AND REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE: (i) in part: a person whose conduct or reputation may adversely reflect the orderly conduct of a race meeting....shall include disruptive or intemperate behavior which exposes others to danger anywhere on the racetrack grounds.

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

    1. A 90 day suspension of any/all New Mexico Racing Commission licenses, effective Aug. 29, 2017 through Nov. 26, 2017 inclusive.
    2. A ($2000.00) Two Thousand dollar fine. The fine is to paid on or before Sep. 19, 2017 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.
In accordance with 15.2.1.9 (C)(21) Exclusion, Alfonso Borrego is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC and all horses owned, trained, or under the care of Alfonso Borrego are denied further entry.

This ruling is written in accordance with: 16.47.1.8 (L)(1)(i) – Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 16.47.1.8. T. KNOWLEDGE OF RULES: 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: CODY LYMOIN REYNOLDS Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-98-ASD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/8/2017 Suspension End: 1/18/2018
Ruling Text: RE: 2017-RUI-98 - Appeal Stay Denied
Name: CODY LYMOIN REYNOLDS Ruling Date: 7/30/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-98 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/8/2017 Suspension End: 1/18/2018
Ruling Text: Trainer Cody Reynolds, having been duly notified and having appeared with counsel C. Barry Crutchfield and Owner Mary Cap before the Board of Stewards on July 29, 2017, concerning a hearing that was continued at the request of Mr. Crutchfield from May 29, 2017. The haring was in regard to Cody Reynolds failing to report, as instructed, to the Ruidoso Test Barn Facility on May 10, 2017, with horse “Chaddyshack” who was selected for out of competition testing.

AGGRVATING CICUMSTANCES:

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

After considering the aggravating circumstances, the Board of Stewards hereby access Cody Reynolds of penalty of a 180 day suspension of all NMRC licenses starting August 08, 2017, through February 4, 2018, inclusive.

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

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

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

Name: CODY LYMOIN REYNOLDS Ruling Date: 1/25/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-98-SA Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/8/2017 Suspension End: 1/18/2018
Ruling Text: STIPULATED SETTLEMENT AGREEMENT THE PARTIES STIPULATE AND AGREE AS FOLLOWS: I. Jurisdiction. The Commission has jurisdiction over Respondent, a Licensee and the Subject Matter pursuant to the Horse Racing Act, § 60- l A- l -30 NMSA 1978, (the "Act"). 2. Waiver of Rights. Respondent knowingly, intentionally and voluntarily waives his right to a full hearing and the right to judicial appeal. Respondent further waives any time limitations and procedural rights related to hearing as set forth in the Commission regulations governing disciplinary hearings. 3. Discipline. In consideration of the particular circumstances and as full and final resolution of this matter, Respondent agrees to the following penalties: (A) The Board of Stewards accessed a penalty of 180-day suspension to be served from August 08, 20 17 through February 4, 20 18. (B) Respondent is serving and continues to serve the term of suspension. (C) This matter is set for hearing on December 7, 20 I 7. (D) Respondent accepts the suspension related to Ruling 2017-RUI-98, with the agreement that the suspension shall terminate on December 31, 2017. 4. Contingent on Commission Approval. This Settlement Agreement is subject to the binding approval of the Commission. 5. Public Records. Respondent understands that this Settlement Agreement and other documents related to these proceedings are public record under the Inspection of Public Records Act, § 14-2-1 -12. NMSA 1978. 6. Full and Complete Settlement. This Settlement Agreement constitutes a full and complete resolution of all claims and defenses that either party did or could have raised related to these proceedings and execution of this Settlement constitutes full and final resolution of Ruling # 2017-RU l -98 occurring at Ruidoso Downs, Ruling Date 7/30/2017. 7. Upon Commission approval of this agreement, Respondent shall dismiss his appeal. IT IS SO STIPULATED AND ORDERED
Name: RANDY V NUNLEY Ruling Date: 7/29/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 51-2017 DE Ruling Type: Claiming Irregularities
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: 51-2017

Owner Carol P. Porter, Dba Porter Racing Stable LLC, having timely filed a written protest to void the claim for the horse "All Abouthe Salsa" on Wedneday, July 26, 2017 made by Trainer Randy Nunley for Owner Jerry B. Hackett Dba Hackett Brothers Thoroughbreds Inc.

After waiving the right for a hearing scheduled by the Stewards on July 28, 2017, the claim of the horse "All Abouthe Salsa" is VOID as Mr. Jerry B. Hackett did not sign the claim slip.

Accordingly, upon request of the original Owner, Carol P. Porter, on July 28, 2017, the Stewards voided the July 26, 2017 claims for "All Abouthe Salsa" and ordered the horse returned to the original owner pursuant to Delaware Thoroughbred Racing Commission Rules 3.3.3, 3.3.7, 3.3.10, 3.1.1.1, 3.4.1.1, 3.4.1.5 and 13.14.

Name: JOSE FRANCISCO RAMIREZ Ruling Date: 6/25/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-56 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 7/6/2017 Suspension End: 7/5/2018
Ruling Text: Trainer Jose F. Ramirez, Sr. having been duly notified failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)Non Appearance, before the Board of Stewards on June 25, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Clay Court”(Test Sample #: NM26327), who finished 1st place in the 3rd race on April 18, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Texas A&M on May 31, 2017.

Paul Jenson, DMV, the owner of record for horse “Clay Court”, was duly notified, failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d) Non Appearance. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, this Paul Jenson’s FIRST Class 3B medication violation in a lifetime.

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

After considering the aggravating circumstances, for Jose F. Ramirez, Sr.’s THIRD Class 3B medication violation, the Board of Stewards assessed a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows:

    1. A 365 day suspension of all NMRC licenses starting July 6, 2017, through July 5, 2018, inclusive.
    2. A ($5,000) five thousand dollar fine to paid on or before July 25, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension Jose F. Ramirez, Sr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of David Jose F. Ramirez, Sr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/ 16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance with15.2.6.11(A) NMAC: Trainer Responsibility/16.47.1.10(B)(1) NMAC: Absolute Insurer 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: MARVIN RICHARDS Ruling Date: 6/1/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 15-2017 DE Ruling Type: Fined
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: 15-2017

Trainer Marvin Richards, RCI: 1859928, DOB 3/3/1973, having appeared before the Board of Stewards on June 1, 2017, is hereby fined the wum of One Hundred ($100.00) dollars for a Fire Safety Violation (portable heater in Barn 2, Tack Room 28). Refer to D.T.R.C. Rules 3.3, 3.4, 3.4.1.15, 5.26, 5.26.1 and 5.26.1.2.

Fine must be paid within 48 hours (Monetary fines not paid within the parameteres of the official ruling are subject to penalty and interest charges at the rate of 1.5% per month compounded monthly)

Name: JULIO RICARDO CARTAGENA Ruling Date: 5/25/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 01-2017 DE Ruling Type: Financial Obligation/Restoration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: 01-2017

Trainer Julio R Cartagena, RCI: 1041142, DOB 1/9/1957, having paid his fine of $2,500.00 along with the penalties and interest in the amount of $1,073.76 for non payment of his fine which was deliquent for 24 months is permitted to reapply for a license. Refer to D.T.R.C. Rules

Name: ALBERT GLEN DAVIS Ruling Date: 5/10/2017
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22208 Ruling Type: Failure to Pay Fine or Fees
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/4/2017 Suspension End: 4/12/2018
Ruling Text:
Failed to reimburse the horsemen's bookeeper $5670 as ordered by the stewards as per ruling 22120 in which his horse Tough to the Bone was disqualified. Suspended and denied access to all facilities under the jurisdiction of the LSRC pending payment of this debt.
Name: ALBERT GLEN DAVIS Ruling Date: 4/19/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22208-REST Ruling Type: Failure to Pay Fine or Fees
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/4/2017 Suspension End: 4/12/2018
Ruling Text:
RE: 22208 - Restored to Good Standing: Paid debt to LAHBPA.
Name: JOSE ALFREDO GONZALEZ Ruling Date: 4/18/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-5 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 75000 Fine Paid: N
Suspension Start: 5/5/2017 Suspension End: 5/5/2021
Ruling Text:
DECISION AND ORDER
 
            WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on April 13, 2017, on review of the hearing officer’s report regarding the above named Appellant;
           WHEREAS, proper notice was given to those parties entitled to notice;
           WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material;
 WHEREAS, the hearing officer’s report is attached to this Decision and Order;
WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law incorporated herein by reference;
WHEREAS, the Commission finds that Appellant’s actions constitute a violation of New Mexico Racing Commission Rules;
WHEREAS the Commission finds there to be sufficient evidence to support the findings of violations on behalf of Appellant;
WHEREAS the Commission voted unanimously to adopt the penalty recommendations of the Hearing Officer, incorporated herein and to incorporate additional conditions.
 
IT IS THEREFORE ORDERED as to Trainer Jose A. Gonzalez offense Sample NM14852 pertaining to horse “Go Autumn Go” and as to Sample NM14905 pertaining to horse “Copes My Goat,” Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Nikethamide/N-ethylnicotinamide) in a horse he is training. As such, Appellant, the Owners, and the horse “Go Autumn Go” and “Copes My Goat,” shall be assessed penalties as follows with conditions as follows:
      1. Appellant Trainer Jose A. Gonzalez is assessed a fine in the amount of $25,000 for the first offense pertaining to  “Go Autumn Go” and $50,000 for the second offense pertaining to “Copes My Goat”. The total fine of $75,000 is to be paid in one lump sum prior to appearing before the Commission as set forth in IV below;
      2. Appellant Trainer Jose A. Gonzalez is assessed a suspension of one (1) year for the first offense pertaining to “Go Autumn Go” and is assessed a suspension of three (3) years for the second offense pertaining to “Copes My Goat”. The total assessed suspension is four (4) years, to run consecutively;
      3. Once eligible, Appellant Trainer Jose A. Gonzalez must retake and pass the trainer’s test prior to the four (4) year suspension of his license being lifted;
      4. Once eligible, Appellant Trainer Jose A. Gonzalez must personally appear before the Commission prior to the suspension of the license being lifted and after having taken and passed the trainer’s test. Appellant Trainer Jose A. Gonzalez must request to be placed on the Agenda;
      5. Appellant Trainer Jose A. Gonzalez is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;
      6. In regards to Owner, Jose Gonzalez for the first offense for the positive test of Nikethamide/N-ethylnicotinamide Sample NM14905 pertaining to horse “Copes My Goat” which placed 2nd in the 5th race at the Sun Ray Park Racetrack in Farmington, NM on August 8, 2015 the penalty imposed shall be disqualification and loss of the purse, and “Copes My Goat” shall be placed on the veterinarian’s list for ninety (90) days;
      7. In regards to the Owner, Douglas L. Lee for the first offense for the positive test of Nikethamide/N-ethylnicotinamide Sample NM14852 pertaining to horse “Go Autumn Go,” which placed 1st in the 7th race at the Sun Ray Park Racetrack in Farmington, NM on August 2, 2015 the penalty shall be disqualification and loss of the purse and “Go Autumn Go” shall be placed on the veterinarian’s list for ninety (90) days; and for the second offense for the positive test of Nikethamide/N-ethylnicotinamide Sample NM14905 pertaining to horse “Copes My Goat” which placed 2nd in the 5th race at the Sun Ray Park Racetrack in Farmington, NM on August 8, 2015 the penalty shall be disqualification and loss of the purse,” and “Copes My Goat” shall be placed on the veterinarian’s list for one-hundred (120) days;
      8.  “Go Autumn Go” must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission; and
      9. “Copes My Goat” must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.
This Decision and Order shall be served upon Appellant Trainer Jose A. Gonzalez in accordance with law.  This Order will take effect on May 5, 2017. A person aggrieved by a final decision or order of an agency may appeal the decision to district court pursuant to Rule 1-075 NMRA.
IT IS SO ORDERED.
Date: ____________                         _________________________________
                                                            Chairman Ray Willis
     
 
Name: JOHNNY RAUL VALENZUELA Ruling Date: 4/9/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-180 Ruling Type: Possession and/or Use of an Electrical Device
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/15/2017 Suspension End: 4/19/2018
Ruling Text: Jockey Johnny Raul Valenzuela appeared before the Sunland Park Board of Stewards with attorney Daniel Marquez and telephonic counsel John McPherson Hayes on April 8, 2017, for a disciplinary hearing, concerning a summary suspension dated January 15, 2017, for his involvement with an electrical device during a compliance search by the New Mexico Racing Commission and Sunland Park Racetrack Security in the 4th race on January 15, 2017, at Sunland Park Racetrack (refer to rulings 2017-SUN-26 and 2017-SUN-43).

Johnny Raul Valenzuela, the accused, had been duly notified for a hearing originally scheduled for February 4, 2017, and was continued by the attorney for accused to February 19, 2017. On February 19, 2017, the attorney for the accused again requested a continuance until March 12, 2017. On March 12, 2017, the New Mexico Racing Commission requested a continuance of the hearing upon an agreement with the attorney for the accused.

On January 15, 2017, Security Supervisor Martin Bustillos witnessed jockey Johnny Raul Valenzuela approach the plastic trash can to the right of the entrance into the jockey’s quarters and remove an object from under his sleeve. Mr. Bustillos then heard the noise of the object being dropped into the trash can. Upon inspection of the trash can, Mr. Bustillos discovered the electrical device.

For this violation, the Board of Stewards issue Johnny Raul Valenzuela the following penalty:

    1. A 5 year suspension of any/all New Mexico Racing Commission licenses starting retroactive from ruling 2017-SUN-26, January 15, 2017, through January 14, 2022, inclusive.
    2. A $5,000 five thousand dollar fine to paid on or before May 8, 2017, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed may result in immediate suspension.
During said time of applicable suspension Johnny Raul Valenzuela is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC per 15.2.1.9 (C)(21)(a-b).

Licensee is found to be in violation of: 15.2.5.13 (E)(6)(c) : Use of Riding Crop No electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than the riding crop approved by the Stewards, shall be possessed by anyone, or applied by anyone to a horse at any time on the grounds of the Association during the meeting, whether in a race or otherwise. 16.47.1.8 (E) : Consent to Search and Seizure By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law. This Ruling is written in accordance with 16.47.1.8 (L)(1)(i) – CONDUCT Which states in pertinent part “The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant is a person whose conduct or reputation may reflect on the honesty, and integrity of horse racing” 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (3)(a) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/16.47.1.3 Statutory Authority/16.47.1.8 (A)(1) License Required / 16.47.1.8 (A)(2) License Required/16.47.1.8(N) Last Known Address/ 15.2.1.9(B)(9)(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JOHNNY RAUL VALENZUELA Ruling Date: 4/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-180-FO Ruling Type: Possession and/or Use of an Electrical Device
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/15/2017 Suspension End: 4/19/2018
Ruling Text: RE: 2017-SUN-180 - Ruling Final Outcome- The Commission has dismissed this case- Decision and Order to follow. See Tina Arce or Izzy Trejo
Name: ADAM A TAPIA Ruling Date: 4/4/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-175 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/13/2017 Suspension End: 5/12/2017
Ruling Text: Trainer Adam Tapia having been duly notified and having appeared with witness’s Gary Roybal and Robert Rivera before the Board of Stewards on April 2, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Gimmie A Reason”(Test Sample #: NM23773), who flipped in the gate and was scratched from the 7th race on February 3, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on March 3, 2017.

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

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

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

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

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

Name: JORGE LUIS CARRILLO Ruling Date: 4/4/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-176 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Jorge Carrillo having been duly notified, failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d) before the Board of Stewards on April 2, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Gimmie A Reason”(Test Sample #: NM23773), who flipped in the gate and was scratched from the 7th race on February 3, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Industrial Laboratories on March 3, 2017.

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

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

    1. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Gimmie A Reason” is placed on the Stewards list for a period of 60 days (beginning February 22, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

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

Name: MIGUEL CASTILLO Ruling Date: 3/31/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-153 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3500 Fine Paid: N
Suspension Start: 9/24/2017 Suspension End: 5/24/2018
Ruling Text: Trainer Miguel Castillo having been duly notified and having responded telephonically before the Board of Stewards on March 25, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in horse “Looking For Girls”(Test Sample #: NM23854), who finished 2nd place in the 8th race on February 10, 2017, at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Miguel Castillo.

Julio Caballero, Daniel Caballero, and Rafeal Caballero, the owners of record for horse “Looking For Girls”, were duly notified and failed to appear for this hearing. In accordance with 15.2.1.9(B)(4)(d) and 15.2.6.9 (B)(2), this is their FIRST Class 3B medication violation in a lifetime.

For Miguel Castillo’s THIRD Class 3B medication violation issued in accordance with 15.2.6.9 (B)(2) and 15.2.6.9(B)(5) multiple violations, the Board of Stewards assessed a penalty as follows.

    1. A 8 month suspension of all NMRC licenses starting consecutively from ruling 2017-SUN-104, September 24, 2017 through May 24, 2018, inclusive. These dates are associated with other rulings and may become effective immediately or changed, if those rulings are amended or appealed
    2. ($3,500) three thousand and five hundred dollar fine to paid on or before April 28, 2017, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7)(c), 15.2.6.9(C)(8), 15.2.6.9(C)(9)(a-d),the horse “Looking For Girls” is placed on the Stewards list for a period of 60 days (beginning March 3, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    4. The horse “Looking For Girls” is hereby disqualified from SECOND PLACE and ordered unplaced from the 8th race on February 10, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Fast Lady’s Man
                2. Jess A Dynasty
                3. Cautionsly
                4. Grc Justplainazoom
                5. Jess Wilson
                6. Bringing the Gray
                7. Chief Coronas Charm
                8. Scoot With Da Loot
                9. Pitchin Woo
Unplaced “Looking For GirlsDuring said time of applicable suspension, Miguel Castillo is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Miguel Castillo are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

Licensee is found in violation of :15.2.6.9(C)(1-2-3): Prima Facie Evidence/ 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/ 16.47.1.8 (U)(1) PROTECTION OF HORSES/ 15.2.6.9. B.(2) Penalty recommendations 15.2.6.9(B)(5) Multiple Violations This ruling is written in accordance with: 15.2.6.11(A) : Trainer Responsibility/ 16.47.1.10(B)(1) NMAC Absolute Insurer/ 15.2.3.8(B)(3)(k) Purse Redistribution 15.2.5.13(E)(4)(d): Stewards Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority/16.47.1.8 (A)(1) License Required/ 16.47.1.8 (A)(2) License Required/ 16.47.1.8(N) Last Known Address15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 3/28/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-4 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 25000 Fine Paid: N
Suspension Start: 4/16/2017 Suspension End: 4/16/2018
Ruling Text:
IN THE MATTER OF:
 TRAINER TAURINO GUTIERREZ, LICENSE NO. 56083817,
FOR POSITIVE SAMPLE #NM12849
OWNER JESUS MOYA
HORSE “JENNA’S MIRACLE”,
 
Respondents.
  
DECISION AND ORDER
 
            WHEREAS, this matter came before a quorum of the New Mexico Racing Commission (“Commission”) on March 16, 2017, on review of the hearing officer’s report regarding the above named Appellant;
           WHEREAS, proper notice was given to those parties entitled to notice;
           WHEREAS, the Commission reviewed the hearing officer’s report and all related hearing material;
 WHEREAS, the hearing officer’s report is attached to this Decision and Order;
WHEREAS, the Commission voted unanimously to adopt the Hearing Officer’s Findings of Fact and Conclusions of Law;
WHEREAS, the Commission finds that Appellant’s actions constitute a violation of New Mexico Racing Commission Rules;
WHEREAS the Commission finds there to be sufficient evidence to support the finding of violations on behalf of Appellant;
WHEREAS the Commission voted unanimously to adopt the penalty recommendations of the Hearing Officer and to incorporate additional conditions.
 
IT IS THEREFORE ORDERED that Appellant is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance (to wit: Zilpaterol) in a horse he is training. As such, Appellant, the Owners, and the horse “Jenna’s Miracle” shall be assessed penalties as follows with conditions as follows:
      1. Appellant Trainer Gutierrez is assessed a fine in the amount of twenty-five thousand dollars ($25,000) to be paid prior to appearing before the Commission as set forth in IV below;
      2. Appellant Trainer Gutierrez is assessed a suspension of one (1) year;
      3. Once eligible, Appellant Trainer Gutierrez must retake and pass the trainer’s test prior to the suspension of his license being lifted;
      4. Once eligible, Appellant Trainer Gutierrez must personally appear before the Commission prior to the suspension of the license being lifted and after having taken and passed the trainer’s test. Appellant Trainer Gutierrez must request to be placed on the Agenda;
      5. Appellant Trainer Gutierrez is not allowed on the grounds of the Association under the jurisdiction of the NM Racing Commission during his suspension;
      6. Loss of the purse for the horse “Jenna’s Miracle” which placed 1st in the 5th race at Ruidoso Downs Race Track in Ruidoso Downs, NM on June 1, 2015;
      7. The horse be placed on the veterinarian’s list for ninety (90) days; and
      8. The horse must pass a Commission approved examination prior to becoming eligible to be entered in any race which is governed by the Commission.
This Decision and Order shall be served upon Appellant Trainer Gutierrez in accordance with law.  This Order will take effect on April 16, 2017. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order.
IT IS SO ORDERED.
Date: ______3/28/2017______                         ____signed_____________________________
                                                            Chairman Ray Willis
     
 
Name: GERALD H RICHARDS Ruling Date: 3/7/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-121 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 Owner license issued to Gerald Richards is hereby rescinded without prejudice as he appeared before the Board of Stewards on February 28, 2017, and stated that he does not own any horses..

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

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

Name: ANGELA LEIGH BRIGGS Ruling Date: 3/7/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-122 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 Owner license issued to Angela Richards (Briggs) is hereby rescinded without prejudice as she appeared before the Board of Stewards on February 28, 2017, and stated that she does not own any horses.

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

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

Name: ALBERT GLEN DAVIS Ruling Date: 3/15/2017
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22120 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Following an investigation into the identity of the horse that won the ninth race at Delta Downs on December 22, 2016, the stewards have concluded that the horse listed in the official progran as Tough To The Bone was in fact Willieverwin. Both horses are trained by Eduardo Ramirez. Tough To The Bone is hereby ordered disqualified and declared unplaced for all purposes, except parimutuel wagering which shall not be affected. Owner Albert Davis is hereby ordered to reimburse the horsemens bookeeper any and all monies awarded to his account as a result of the ninth race on Decemder22, 2016 at Delta Downs. ( Also see rulings 22127 and 22154 issued against Trainer Eduardo Ramirez).
Name: ALBERT GLEN DAVIS Ruling Date: 4/19/2018
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 22120-REST Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
RE: 22120 - Restored to Good Standing: Paid debt to LAHBPA
Name: MIGUEL CASTILLO Ruling Date: 2/12/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-101 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: 2/23/2017 Suspension End: 8/23/2017
Ruling Text: Trainer Miguel Castillo having been duly notified, having failed to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d), before the Board of Stewards on February 12, 2017, for depositing a protection claim for horse “Major Bites” in the 2nd race on December 17, 2016 at Sunland Park Racetrack.

Aggravating Circumstances: Miguel Castillo deposited a personal check with the Horseman’s Bookkeeper, in the full amount of the claiming price, into the account of Luis C. Quintana to claim the horse “Major Bites” to be trained by trainer, Jesus E. Marquez (who was under a suspension) (violation of rules 15.2.4.8(E)(1)(2)(3)(4)). According to Stable Gate Authorization Forms, Miguel Castillo retained custody and left the stable gates with horse “Major Bites” after the 2nd race on December 17, 2016 (Violation of rule 15.2.4.8(G)(7) ) . Also, on January 7, 2017, Investigator Johnson found the horse “Major Bites” in the care and custody of Miguel Castillo (Violation of rule 15.2.4.8(G)(7) ).

Considering the aggravating circumstances, for this violation the Board of Stewards assessed Miguel Castillo a penalty as follows:

    1. A 6 month suspension of all NMRC licenses starting February 23, 2017, through August 23, 2017, inclusive.
    2. A ($5,000) five thousand dollar fine to paid on or before March 15, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.

During said time of applicable suspension, Miguel Castillo is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Miguel Castillo are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Licensee is found to be in violation of: 15.2.4.8(E) (1)(2)(3)(4) Claiming Races Prohibitions 15.2.4.8(G) (7) Transfer of Claimed Horses 16.47.1.7(L)(i) Grounds for Disciplinary Measures For A Licensee, and Refusal, Denial, Suspension, or Revocation of A License; Conduct Detrimental To Horse Racing. This ruling is written in accordance with: 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority/ 16.47.1.8. T. KNOWLEDGE OF RULE/:16.47.1.3 Statutory Authority/ 16.47.1.8 (A)(1) License Required /16.47.1.8 (A)(2) License Required/ 16.47.1.8(N) Last Known Address15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: MIGUEL CASTILLO Ruling Date: 2/12/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-104 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 8/24/2017 Suspension End: 9/23/2017
Ruling Text: Trainer Miguel Castillo having been duly notified, having failed to appear, and had his hearing held in absentia, in accordance with rule 15.2.1.9(B)(4)(d), before the Board of Stewards on February 12, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class 3B drug “clenbuterol” detected in horse “Major Bites(test sample #NC26319) during Out Of Competition Testing on January 7, 2017, at Sunland Park Racetrack in Sunland Park NM . Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Miguel Castillo. For this First Class 3B medication violation issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed Miguel Castillo a penalty as follows.

    1. A 30 day suspension of all NMRC licenses starting consecutively from ruling 2017-SUN-101, August 24, 2017, through September 23, 2017, inclusive.
    2. ($750) seven hundred and fifty dollar fine to paid on or before March 15, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.6.9(D)(5)(c), 15.2.6.9 (D)(6), and 15.2.6.9(D)(7),the horse “Major Bites” was placed on the Stewards list for a period of 60 days (beginning January 21, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

During said time of applicable suspension, Miguel Castillo is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Miguel Castillo are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: prima facie evidence 15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.9 J (1-6) OUT OF COMPETITION TESTING: 15.2.6.9. B. Penalty recommendations This ruling is written in accordance with 15.2.6.11(A) NMAC: Trainer Responsibility and 16.47.1.10(B)(1) NMAC: Absolute Insurer 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: Eric Quintana Ruling Date: 2/4/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-64 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 2/4/2017 Suspension End: 3/6/2017
Ruling Text: Trainer Eric Quintana, having been duly notified and appeared before the Board of Stewards on February 4, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited compounded Class 3B drug “16-OHstanozolol” a metabolite of stanozolol detected in horse “Mister Brooks” (test sample #NM21710), who finished third place in the 8th race, on November 27, 2016, at Zia Park Racetrack in Hobbs, NM, . “16-OHstanozolol” was confirmed in the split sample sent to Industrial Laborites on January 17, 2017. Juan Esquivel Jr. ,owner of record for the horse “Mister Brooks”, was duly notified and appeared for the hearing. This is Mr. Esquivel’s SECOND Class 3B medication violation in a 365 day period issued in accordance with 15.2.6.9 (L)NMAC For this FIRST Class 3B medication violation in a 365 day period issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed Eric Quintana a penalty as follows.

    1. A 30 day suspension of all NMRC licenses starting February 4, 2017, through March 6, 2017, inclusive.
    2. ($750) seven hundred and fifty dollar fine to paid on or before March 6, 2017, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time may result in an immediate suspension.
    3. Pursuant to rules 15.2.6.9(D)(5)(c), 15.2.6.9 (D)(6), and 15.2.6.9(D)(7),the horse “Mister Brooks” was placed on the Stewards list for a period of 60 days (beginning December 9, 2016). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test prior to entry.
    4. The horse “Mister Brooks” is hereby disqualified from THIRD place and ordered unplaced from the 8th race, on November 27, 2016, at Zia Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows:
                    1. Sandy Jesse
                    2. RO With Good Reason
                    3. Cartel Rosie
                    4. Pycs Little Lady
                    5. Skunktail Eagle
                    6. Jess Rueben James
                    7. Vicente Y Su Corona
                    8. Poison Ivory Effort
Unplaced “Mister BrooksDuring said time of applicable suspension, Eric Quintana is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Eric Quintana. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Licensee is found in violation of: 15.2.6.9(C)(1-2-3) NMAC: prima facie evidence/ 15.2.6.9(G) ANDROGENIC-ANABOLIC STEROIDS/ 15.2.6.9(H)(1)(2) MEDICAL LABELING/ 15.2.6.9. B. Penalty recommendations Trainer First Lifetime offense (365-day period) in any jurisdiction: A minimum 15-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 60-day suspension. A minimum fine of $500 absent mitigating circumstances or the presence of aggravating factors could be used to impose a $1,000 fine. Trainer Second Lifetime offense (365-day period) in any jurisdiction: A minimum 30-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 180-day suspension. A minimum $1,000 absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum fine of $2,500. Owner Second Lifetime offense (365-day period) in any jurisdiction: Disqualification, loss of purse (in the absence of mitigating circumstances)* and horse must pass a commission-approved examination before becoming eligible to be entered. This ruling is written in accordance with 15.2.6.11(A) NMAC: Trainer Responsibility/ 16.47.1.10(B)(1) NMAC: Absolute Insurer 15.2.3.8(B)(3)(k) NMAC: redistribution of purse and prizes/ 15.2.5.13(E)(4)(d) NMAC: Stewards Authority/ 15.2.3.8 B (3)(f) Stewards Disciplinary Action/ 15.2.3.8 B (1) (d) Stewards General Authority /16.47.1.8. T. KNOWLEDGE OF RULES/ 16.47.1.3 Statutory Authority/ 16.47.1.8 (A)(1)(2) License Required/ 16.47.1.8(N) Last Known Address15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: JOHNNY RAUL VALENZUELA Ruling Date: 1/24/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-43 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/24/2017 Suspension End: 4/19/2018
Ruling Text: The summary suspension issued in ruling 2017-SUN-26 to Jockey Johnny Raul Valenzuela is hereby upheld pending the outcome of his hearing February 4, 2017, @ 9:00am.

During said time of applicable suspension Johnny Raul Valenzuela is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC 15.2.1.9 (C)(21)(a-b) NMAC.

This ruling is written in accordance: 15.2.1.9(B)(3)(a) NMAC: Which states in pertinent part “If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing”. 16.47.1.8 (E) NMAC: Consent to search and inspection 15.2.1.9 (B)(3)(b) NMAC. Summary Suspension 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

Name: JOHNNY RAUL VALENZUELA Ruling Date: 1/15/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-26 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/15/2017 Suspension End: 4/19/2018
Ruling Text: Jockey Johnny Raul Valenzuela, is hereby summarily suspended for his involvement with an electrical device during a compliance search by New Mexico Racing Commission Officials and Sunland Park Racetrack Security in the 4th race on January 15, 2017, at Sunland Park Racetrack.

For this violation, the Board of Stewards issue Johnny Raul Valenzuela the following penalty: A summary suspension of any/all New Mexico Racing Commission licenses, effective immediately January 15, 2017.

During said time of applicable suspension Johnny Raul Valenzuela is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC pending the outcome of his hearing January 24, 2017, per 15.2.1.9 (B)(3)(b) NMAC and 15.2.1.9 (C)(21)(a-b) NMAC.

Licensee is found in violation of:

15.2.1.9(B)(3)(a) NMAC: Which states in pertinent part “If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing”.

15.2.5.13 (E)(6)(c) NMAC: Which states in pertinent part “No electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than the riding crop approved by the Stewards, shall be possessed by anyone, or applied by anyone to a horse at any time on the grounds of the Association during the meeting, whether in a race or otherwise”.

This ruling is written in accordance: 16.47.1.8 (E) NMAC: Which states in pertinent part “By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices in accordance with State and Federal law”. 15.2.1.9 (B)(3)(b) NMAC. Summary Suspension 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address

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

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

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

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

        1. Miracle Fish
        2. Eyes On Brimmerton
        3. Ugo Igo
        4. Shezarealfast
        5. Ghost Wagon
        6. Korina
        7. Gros Wreck
        8. Immahotdude
        9. Latest Theory
Unplaced “RarinDuring said time of applicable suspension, Fernando Carrete is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Fernando Carrete are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC. Fernando Carrete is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: Prima Facie Evidence ; 15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.9. B. Penalty recommendations: Trainer Second Lifetime offense (365-day period) in any jurisdiction: A minimum 30-day suspension absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum 180-day suspension. A minimum $1,000 absent mitigating circumstances or the presence of aggravating factors could be used to impose a maximum fine of $2,500. Owner Second Lifetime offense (365-day period) in any jurisdiction: Disqualification, loss of purse (in the absence of mitigating circumstances)* and horse must pass a commission-approved examination before becoming eligible to be entered.

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

Name: FERNANDO CARRETE Ruling Date: 12/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-321 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Fernando Carrete having been duly notified and waived his rights to a 10 day notice and a formal hearing, before the Board of Stewards, on December 20, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMRC). The report confirmed an overage for the therapeutic (class 4 penalty C) drug Methylprednisolone found in sample # NM21685 taken from the horse “Bringin The Gray”, who finished 2nd place in the 8th race on November 26, 2016 at Zia Park Racetrack in Hobbs, NM. The concentration of Methylprednisolone was 227 pg/ml in the blood, which exceeds the authorized medication limit of 100 pg/ml in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Fernando Carrete.

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

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

    1. A fine in the amount of one thousand dollars ($ 1,000.00). This fine is to paid on or before January 19, 2017, in accordance with 15.2.3.8(B)(3) NMAC. Failure to pay this fine within the time prescribed may result in an immediate suspension.
    2. The horse“Bringin The Gray” must pass a commission-approved examination before being eligible to run.

Fernando Carrete is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: Prima Facie Evidence 15.2.6.9 C. (3)PENALTY RECOMMENDATIONS: TRAINER 1ST offense in a Class C category (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $1,000. OWNER 1st offense (365-day period) in any jurisdiction in the following levels, the penalty is the horse may be required to pass a commission-approved examination before being eligible to run: This ruling is written in accordance with: 15.2.6.9 A. (4) UNIFORM CLASSIFICATION GUIDELINES; 15.2.6.11(A) NMAC: Trainer Responsibility 16.47.1.10(B)(1) NMAC: Absolute Insurer; 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority; 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority; 16.47.1.8 (A)(1)(2) License Required; 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JOHNNY RAUL VALENZUELA Ruling Date: 12/11/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-165 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey, J. R. Valenzuela, having been summoned and having appeared before the Board of Stewards on December 11, 2016, for failing to give sufficient effort to control his mount during the running of the 9th race on December 11, 2016, at Zia Park, while aboard “Whatever Bill” which resulted in the disqualification of his mount from third place to sixth place. (Drifted in late stretch causing the #3 to check and loose position).

For this violation, the Board of Stewards assessed J. R. Valenzuela a fine of one hundred dollars ($100.00).

This ruling is in accordance with:

15.2.5.13 (E) (3) NMAC: Post to Finish 15.2.3.8 B (3) (f) NMAC: Stewards. Disciplinary Action 15.2.3.8 B (1) (d) NMAC: Stewards. General Authority 6.47.1.8 (T) NMAC: Knowledge of Rules

Name: RAMON ROBERTO RIVERA Ruling Date: 11/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2016-ZIA-125 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/20/2016 Suspension End: 1/20/2017
Ruling Text: Trainer Ramon Roberto Rivera having been duly notified, having failed to appear, and had his hearing held in absentia before the Board Of Stewards on November 20, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for two confirmed positives for the Class 3B drug “clenbuterol” detected in horses “Boxwineizfine”(Test Sample #: NM16572) and Miss Blazin First (Test Sample # NM16725). “Boxwineizfine” finished 1st place in the fourth race, on March 25, 2016 at Sunland Park Racetrack, and clenbuterol was confirmed in a split same sent to Texas A&M on May 5, 2016. Miss Blazin First” finished first place the 3rd race, on April 3, 2016 at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC were afforded to and waived by Mr. Rivera. For this First and Second Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Ramon Roberto Rivera a penalty as follows:
    1. Ramon Roberto Rivera is hereby ineligible for licensure pending appearance before the board the board of stewards to face the formal charges of the medication violations that occurred on March 25, 2016, and April 3, 2016, and Sunland Park Racetrack and Casino.
Ramon Roberto Rivera is found to be in violation of: 15.2.6.9(D)(1-2-3) 15.2.6.9(P) 15.2.6.9 A (3) 15.2.6.9. MEDICATIONS AND PROHIBITED SUBSTANCES:. 15.2.6.9. D. (1-3)MEDICATION RESTRICTIONS: 16.47.1.10. B. ABSOLUTE INSURER. 15.2.1.9(B)(4)(d) 15.2.6.9 C.(2) Category B penalties will be assessed against a trainer and owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows:

      • First Lifetime offense trainer (365-day period) in any jurisdiction: A minimum 15-day suspension to a maximum 60-day suspension and $500 to $1,000 fine.
      • Second Lifetime offense trainer (365-day period) in any jurisdiction: A minimum 30-day suspension to a maximum 180-day suspension and $1,000 to $2,500 fine.
      • First Lifetime offense owner (365-day period) in any jurisdiction: disqualification, loss of purse and horse must pass a commission approved examination before becoming eligible to be entered.

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

Name: JAVIER M CHAVEZ Ruling Date: 9/8/2016
Jurisdiction: New Mexico Racing Commission Facility: New Mexico State Fair
Ruling Number: 2016-NMS-3 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Owner Javier M. Chavez been duly notified, and failing to appear before the Board of Stewards on September 7, 2016, at 10:30 AM regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed overage of allowable limits for the Class IV drugs “Phenylbutazone” (Bute) and “Flunixin” (Banamine) which was found in sample NM19954, after it was collected from the horse, “Dirty Mike” which finished 1st in the 6th race, June 26, 2016, at The Downs at Albuquerque.
 
(The original lab report indicated a finding of Phenylbutazone at 15.73 mcg/ml and Flunixin at 1680 ng/ml in blood. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and denied.
 
 Javier M. Chavez is found to be in violation of: 15.2.6.9. (O) 2 in part
              1. A NSAID stacking violation with a penalty class B occurs when any combination of                                                       two of the following non-steroidal anti-inflammatory drugs are found at or above:
                  1. Flunixin 20 nanograms per milliliter of plasma or serum;
                  2. Phenylbutazone - 2 micrograms per milliliter of plasma or serum.
  
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that “A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse’s body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels”.
 
For this violation, the Board of Stewards assessed Javier M. Chavez a penalty as follows;
 
(1) A fine in the amount of five thousand dollars ($5000.00.);
(2) Disqualification and Loss of purse of the 6th race, June 26, 2016 at The Downs at Albuquerque
 1st De Big Wave   5th Unfinished Biz
 2nd Blueskiesnrainbows  6th Nmoceanfrontproperty
 3rd Mr Investment Junior      7th Folly N Dash
 4th Quatro Eagle   8th Cnc Dream On                             Unplaced: Dirty Mike
(3)    The horse “Dirty Mike” must pass a commission -approved examination before becoming eligible to enter.
 
This is the third offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. The fine is to be paid on or before October 8, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
 
                                                 BY ORDER OF NEW MEXICO STATE FAIR BOARD OF STEWARDS
 
  
                _____________________                                _______________________                                    _____________________        
                           steward                                                                  steward                                                                  steward
An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.  The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier's check, money order or personal check.
Name: PEDRO SANDOVAL HERNANDEZ Ruling Date: 9/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-201-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 10/14/2016 Suspension End: 12/13/2016
Ruling Text: RE: 2016-RUI-201 - Modified Ruling

Trainer Pedro Hernandez Sandoval having been duly notified and waived his right to a 10 day notice of hearing and the right to appeal appeared before the Board Of Stewards on September 4, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the Class 3B drug “clenbuterol” detected in horse “Martins Pleasure”, who finished second place in the 8th race, on August 7, 2016 at Ruidoso Downs. Test Sample #: NM22824. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Pedro Hernandez Sandoval.

Dinty L. Martin is the owner of record for horse “Martins Pleasure” and was duly notified about the clenbuterol positive. ­­ Pedro Hernandez Sandoval is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

For this second Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Pedro Hernandez Sandoval a penalty as follows:

    1. A 60 day suspension of all NMRC licenses to be run consecutively from ruling 2016-DAA-144 starting October 14, 2016, through December 13, 2016.
    2. A ($1,000) one thousand dollar fine to paid on or before October 4, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension.
    3. 3. The horse “Martins Pleasure” was placed on the Steward’s list on August 22, 2016, for a period of 60 days, during this period he is denied further entry and papers must be removed from the racing office, in addition he must pass a commission approved veterinary examination with a clean blood/urine sample. The sample must be negative for any and all prohibited substances including clenbuterol before being eligible to enter. A positive finding will result in an additional 60 days on the Stewards list with the same requirements.
Loss of purse from the 8th race, on August 7, 2016 at Ruidoso Downs and the horse Martins Pleasure” is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows
    1. Naci Knothead
    2. Mesquall
    3. Si El
    4. Alarming Way
    5. Summer’s Echo
    6. Getting You Home
    7. Bang It Out
    8. My Man Merlion
UNPLACED “Martins Pleasure” During said time of applicable suspension, Pedro Hernandez Sandoval is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Pedro Hernandez Sandoval are ineligible to be entered or start in any
Name: PEDRO SANDOVAL HERNANDEZ Ruling Date: 9/4/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-201 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 10/14/2016 Suspension End: 12/13/2016
Ruling Text:

Trainer Pedro Hernandez Sandoval having been duly notified and waived his right to a 10 day notice of hearing and the right to appeal appeared before the Board Of Stewards on September 4, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the Class 3B drug “clenbuterol” detected in horse “Martins Pleasure”, who finished second place in the 8th race, on August 7, 2016 at Ruidoso Downs. Test Sample #: NM22824. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Pedro Hernandez Sandoval.

Dinty L. Martin is the owner of record for horse “Martins Pleasure” and was duly notified about the clenbuterol positive. ­­ Pedro Hernandez Sandoval is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.3.8 B (3) (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission. 15.2.3.8 B (1) (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. 6.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

For this second Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Pedro Hernandez Sandoval a penalty as follows:

    1. A 60 day suspension of all NMRC licenses to be run consecutively from ruling 2016-DAA-144 starting October 14, 2016, through December 13, 2016.
    2. A ($1,000) one thousand dollar fine to paid on or before September 4, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension.
    3. 3. The horse “Martins Pleasure” was placed on the Steward’s list on August 22, 2016, for a period of 60 days, during this period he is denied further entry and papers must be removed from the racing office, in addition he must pass a commission approved veterinary examination with a clean blood/urine sample. The sample must be negative for any and all prohibited substances including clenbuterol before being eligible to enter. A positive finding will result in an additional 60 days on the Stewards list with the same requirements.
Loss of purse from the 8th race, on August 7, 2016 at Ruidoso Downs and the horse Martins Pleasure” is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows
    1. Naci Knothead
    2. Mesquall
    3. Si El
    4. Alarming Way
    5. Summer’s Echo
    6. Getting You Home
    7. Bang It Out
    8. My Man Merlion
UNPLACED “Martins Pleasure” During said time of applicable suspension, Pedro Hernandez Sandoval is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Pedro Hernandez Sandoval are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
Name: PEDRO SANDOVAL HERNANDEZ Ruling Date: 9/3/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-144 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 9/13/2016 Suspension End: 10/13/2016
Ruling Text:
Trainer, Pedro Hernandez-Sandoval, having been duly notified, and having appeared before the Board of Stewards on Sep 3, 2016 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM20435, after it was collected from the horse "Proud Elias" which finished 2nd in the 6th race, Aug 5, 2016 at the Downs at Albuquerque.
 
(The original lab report indicated a finding of Clenbuterol in urine at 248 pg/ml. in urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and declined by, Pedro Hernandez-Sandoval. With this drug, no level of detection is allowed to be found in a post-race sample.
  
Pedro Hernandez-Sandoval is found to be in violation of:
 15.2.6.9(D)(1) NMAC: A finding by the commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. Prohibited substances include: drugs or medications for which no acceptable levels have been established; therapeutic medications in excess of established acceptable levels; substances present in the horse in excess of levels at which such substances could occur naturally; substances foreign to a horse at levels that cause interference with testing procedures.
 
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC:  Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse.  A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule.  The Trainer is absolutely responsible regardless of the acts of third party."
 
For this violation, the Board of Stewards assess Pedro Hernandez-Sandoval a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 30 calendar days (Sept 13, 2016 through Oct 13, 2016,     
        Inclusive);
(2) A fine in the amount of seven hundred fifty dollars ($750.00.);
(3) Loss of purse of the 6th race, Aug 5, 2016, at the Downs at Albuquerque.
           New Order of Finish:
 1st  Some Dandy                        6th  Markmepache
 2nd Playin Tough                      7th  Thrillon
 3rd Dr. Jessop                            8th   Hay Man Mark
 4th Worrybouturself                  9th   Keagan’s Way
 5th Nuggets Please                                                          Unplaced: Proud Elias
(4)   The horse “Proud Elias is placed on the stewards list for 60 days (8/24/16 to 10/23/16) and after that must pass a commission-approved exam before becoming eligible to be entered.
  
This is a first offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. The fine is to be paid on or before Oct 3,2016, in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
During said time of applicable suspension, Pedro Hernandez-Sandoval is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.
 Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Pedro Hernandez-Sandoval are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
 
                                                  BY ORDER OF THE DOWNS at ALBUQUERQUE BOARD OF STEWARDS
 
                 _____________________                                _______________________                                    _____________________        
                           steward                                                                  steward                                                                  steward
An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.  The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier's check, money order or personal check.
Name: ADAM A TAPIA Ruling Date: 9/3/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-151 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer ADAM TAPIA, having been duly notified for a hearing and waving his rights to a hearing appeared before the Board of Stewards on this date, Sept 3, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed overage of allowable limits for the Class IV drug "Flunixin" which was found in sample NM20648, after it was collected from the horse, "Tylerate" which finished 1st in the 5th race, on August 21, 2016, at The Downs at Albuquerque.
 
(The original lab report indicated a finding of Flunixin at 92.9 pg/ml in blood/plasma, which exceeds the authorized limit of 20.0 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were offered and declined by ADAM TAPIA.
 
 ADAM TAPIA is found to be in violation of:  
 
15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".
 
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."
 
For this violation, the Board of Stewards assess ADAM TAPIA a penalty as follows;
 
        1. A fine in the amount of Two Hundred Fifty dollars ($250.00);
 
This is a first positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3) NMAC. The fine is to be paid on or before October 3, 2016 in accordance with 15.2.3.8(B)(3) 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.
Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 2/6/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-136-FO Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 8/11/2016 Suspension End: 9/10/2016
Ruling Text: Commission would like to adopt the findings of facts and conclusions of law of the Hearing Officer in part and reject in part with additional conditions. Appellant Trainer Taurino Gutierrez is assessed a fine of $1,000 dollars. Mr. Gutierrez was assessed a suspension of 60 days. Mr. Gutierrez is not allowed on the grounds of the Association under the jurisdiction of the NMRC during his suspension. The owner of the horse “Valorous” shall receive loss of purse and the horse shall be disqualified and unplaced. The horse “Valorous” must be on the veterinarians list for 90 days and must pass a Commission approved examination prior to becoming eligible.
Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 8/1/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-136 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 8/11/2016 Suspension End: 9/10/2016
Ruling Text:

Trainer Taurino Gutierrez having been duly notified, having failed to appear, and having his hearing held in absentia before the Board of Stewards on August 1, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the Class 3B drug “16-hydroxystanozolol” a metabolite of stanozolol detected in horse “Valorus”, who finished fourth place in the 5th race, on April 30, 2016 at Sunland Park Racetrack in Sunland Park, NM, Test Sample #: NM16180 and confirmed with a split sample sent to Industrial Laboratories on May 25, 2016. Melissa Soto, the owner of record for the horse “Valorus”, was duly notified and failed to appear for the hearing. Taurino Gutierrez is found to be in violation of: 15.2.6.9(H)ANDROGENIC-ANABOLIC STEROIDS(1) No AAS shall be permitted in test sample collected from racing horses except for residues of the major metabolite of nandrolone, and the naturally occurring substances boldenone and testosterone at concentrations less than the indicated thresholds.(3)Any other anabolic steroids are prohibited in racing horses. 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.1 (P) (15) "Prohibited substance" is any chemical which, when administered to a horse can create a change in the normal physiological performance of the horse's racing ability, such as narcotics, anesthetics, depressants, anti-convulsants, tranquilizers, hallucinogenics and stimulants; when administered to a horse, may interfere with testing procedures and is not a therapeutic medication. 15.2.3.8(B)(3)(k) NMAC: Which states in pertinent part that “ Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.” 15.2.5.13(E)(4)(d)Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification.

16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules. 15.2.3.8(B)(1)(d) NMAC: Which state in pertinent part that “The Stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the Stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension or revocation/denial of license or any combination of these penalties.”

For this first Class 3 Penalty B medication violation in a 365- day period issued in accordance with 15.2.6.9 (L)NMAC, the Board of Stewards assessed Taurino Gutierrez the following penalty

    1. A 30 day suspension of all NMRC licenses beginning August 11, 2016 through September 10, 2016, inclusive.
    2. A ($750) seven hundred and fifty dollar fine to paid on or before September 1, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension.
    3. The horse “Valorus”” must pass a commission approved veterinary examination before being eligible to enter.
    4. Loss of purse from the 5th race, on April 30, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse Valorus””, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows.
                    1. Jess Prize Me
                    2. Imperial Eagle
                    3. Gamey Tee Cos
                    4. Willie Be Fired
                    5. Lord Fa
                    6. Mojo Perry
                    7. Stella Lou
UNPLACEDValorus” and “Eyema Blue Wagon (2016-RUI-68)” and “Groupie James (2016-RUI-67)”. During said time of applicable suspension, Taurino Gutierrez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Taurino Gutierrez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 8/12/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-136-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 8/11/2016 Suspension End: 9/10/2016
Ruling Text:
RE: 2016-RUI-136 - Appeal Submitted
Name: TAURINO GONZALEZ GUTIERREZ Ruling Date: 8/12/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-136-ASC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 8/11/2016 Suspension End: 9/10/2016
Ruling Text:
RE: 2016-RUI-136 - Appeal Submitted to Commission
Name: TOM ROSS MCKENNA Ruling Date: 7/31/2016
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2016-DAA-94 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Thomas McKenna, having appeared, by telephone, before the Board of Stewards on July 30, 2015 is found to be in violation of Commission rules.

Narrative: Thomas McKenna used abusive profane language toward a racing official For this rule violation, the Board of Stewards assessed the following penalty, a fine in the amount of five hundred dollars, ($500.00). The fine is to be paid by August 31, 2015, in accordance with 15.2.3.8 NMAC. 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. Failure to pay the fine within the time prescribed may result in immediate suspension. This ruling is in accordance with: NMAC: 16.47.1.8 GENERAL PROVISIONS L. GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF LICENSE::

(h) 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; 15.2.3.8 FLAT RACING OFFICIALS GENERAL PROVISIONS B. Stewards. (1) General authority. The stewards for each meeting shall be responsible to the commission for the conduct of the race meeting in accordance with the laws of this state and these rules. (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties.

Name: JOSE FRANCISCO RAMIREZ Ruling Date: 7/1/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-67 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Jose F Ramirez having been duly notified, represented by council Frita Howard McSwane and having appeared with interpreter Francisco Ramirez before the Board Of Stewards on July 1, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the Class 3B drug “clenbuterol” detected in horse “Groupie James”, who finished second place in the 8th race, on April 15, 2016 at Sunland Park Racetrack in Sunland Park, NM, Test Sample #: NM18949 The original lab report indicated a finding of clenbuterol at 156 pg/ml in the urine and confirmed in the split sample by Industrial Laborties at 151±16 pg/ml in the urine. Owner Carlos B Trujillo was duly notified and failed to appear for the hearing . He is the owner of record for horse “Groupie James” which was the subject of the clenbuterol positive. Jose F Ramirez is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.6.9(D) O. SUSPENSION OF AUTHORIZED MEDICATION: (1) After a public meeting that has been noticed in accordance with the Open Meetings Act, Sections 10-15-1 through 10-15-4 NMSA, 1978, the commission may, for any cause, temporarily suspend the authorized administration to a horse entered to race of any drug, substance or medication that is otherwise permitted under the commission rules (2) The temporary suspension of the authorized administration of a drug, substance or medication may be for a race, breed, or race meeting, provided all horses in the same race compete under the same conditions (3) The commission shall notify in writing the racing association, the trainer’s organization, and licensed veterinarians of any temporary suspension of authorization to administer a drug, substance or medication to a horse entered to race. The written notification shall at minimum:(a) state the authorized medication whose use is temporarily suspended,(b) the period of time for which the use of the authorized medication is temporarily suspended, and (c) whether the temporary suspension is for a specific breed or a race meeting (4) A suspension of authorization to administer a drug, substance or medication to a horse entered to race shall not exceed 12 months.15.2.1 (P) (15) "Prohibited substance" is any chemical which, when administered to a horse can create a change in the normal physiological performance of the horse's racing ability, such as narcotics, anesthetics, depressants, anti-convulsants, tranquilizers, hallucinogenics and stimulants; when administered to a horse, may interfere with testing procedures and is not a therapeutic medication. 15.2.3.8(B)(3)(k) NMAC: Which states in pertinent part that “ Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.”15.2.5.13(E)(4)(d)Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification. For this first Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Jose F Ramirez a penalty as follows: 1. A 15 day suspension of all NMRC licenses beginning July 27, 2016 through August 11, 2016, inclusive. 2.A ($500) five hundred dollar fine to paid on or before July 31, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension. 3.The horse “Groupie James” must pass a commission approved veterinary examination before being eligible to enter. 4.Loss of purse from the 2nd race, on April 15, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse Groupie James”, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows.1) Willie Be Fired 2) Royal Senator 3) Fast Courage 4) Separate First Card 5) Clearwater Beach 6) Scrimshaw Wrangler 7) Only I Rock 8) Copas Special Tee UNPLACED Groupie James”, 6. Loss of purse from the 5th race, on April 30, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse Groupie James”, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows. 1) Eyema Blue Wagon 2) Jess Prize Me 3) Valorus 4) Imperial Eagle 5) Gamey Tee Cos 6) Willie Be Fired 7) Lord Fa 8) Mojo Perry 9) Stella Lou UNPLACED Groupie James”, 15.2.6.9(B)(8) When the penalty assessed against a licensee for a medication or drug violation in a trial race results in a disqualification or loss of purse, or both, the licensee is subject to the same penalties for any race for which the trial race was conducted. During said time of applicable suspension Jose F Ramirez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Jose F Ramirez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: JOSE FRANCISCO RAMIREZ Ruling Date: 7/11/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-67-MOD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-RUI-67 - Modified Ruling Trainer Jose F Ramirez having been duly notified, represented by council Frita Howard McSwane and having appeared with interpreter Francisco Ramirez before the Board Of Stewards on July 1, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the Class 3B drug “clenbuterol” detected in horse “Groupie James”, who finished second place in the 8th race, on April 15, 2016 at Sunland Park Racetrack in Sunland Park, NM, Test Sample #: NM18949 The original lab report indicated a finding of clenbuterol at 156 pg/ml in the urine and confirmed in the split sample by Industrial Laborties at 151±16 pg/ml in the urine. Owner Carlos B Trujillo was duly notified and failed to appear for the hearing . He is the owner of record for horse “Groupie James” which was the subject of the clenbuterol positive. Jose F Ramirez is found to be in violation of: 15.2.6.9(D)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".15.2.6.9(P) NMAC: Which states that the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted and distributed memo effective July 22, 2015, which states in part “clenbuterol is a prohibited substance and will constitute a violation of NMSRC rules” 15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.6.9(D) O. SUSPENSION OF AUTHORIZED MEDICATION: (1) After a public meeting that has been noticed in accordance with the Open Meetings Act, Sections 10-15-1 through 10-15-4 NMSA, 1978, the commission may, for any cause, temporarily suspend the authorized administration to a horse entered to race of any drug, substance or medication that is otherwise permitted under the commission rules (2) The temporary suspension of the authorized administration of a drug, substance or medication may be for a race, breed, or race meeting, provided all horses in the same race compete under the same conditions (3) The commission shall notify in writing the racing association, the trainer’s organization, and licensed veterinarians of any temporary suspension of authorization to administer a drug, substance or medication to a horse entered to race. The written notification shall at minimum:(a) state the authorized medication whose use is temporarily suspended,(b) the period of time for which the use of the authorized medication is temporarily suspended, and (c) whether the temporary suspension is for a specific breed or a race meeting (4) A suspension of authorization to administer a drug, substance or medication to a horse entered to race shall not exceed 12 months.15.2.1 (P) (15) "Prohibited substance" is any chemical which, when administered to a horse can create a change in the normal physiological performance of the horse's racing ability, such as narcotics, anesthetics, depressants, anti-convulsants, tranquilizers, hallucinogenics and stimulants; when administered to a horse, may interfere with testing procedures and is not a therapeutic medication. 15.2.3.8(B)(3)(k) NMAC: Which states in pertinent part that “ Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.”15.2.5.13(E)(4)(d)Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification. For this first Class 3B medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Jose F Ramirez a penalty as follows: 1. A 15 day suspension of all NMRC licenses beginning July 27, 2016 through August 11, 2016, inclusive. 2.A ($500) five hundred dollar fine to paid on or before July 31, 2016, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.” Failure to pay fine in prescribed time may result in an immediate suspension. 3.The horse “Groupie James” must pass a commission approved veterinary examination before being eligible to enter. 4.Loss of purse from the 8th race, on April 15, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse Groupie James”, is HEREBY DISQUALIFIED FROM SECOND PLACE AND ORDERED UNPLACED. The new order of finish is as follows.1) Willie Be Fired 2) Royal Senator 3) Fast Courage 4) Separate First Card 5) Clearwater Beach 6) Scrimshaw Wrangler 7) Only I Rock 8) Copas Special Tee UNPLACED Groupie James”, 5. Loss of purse from the 5th race, on April 30, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse Groupie James”, is HEREBY DISQUALIFIED FROM THIRD PLACE AND ORDERED UNPLACED. The new order of finish is as follows. 1) Eyema Blue Wagon 2) Jess Prize Me 3) Valorus 4) Imperial Eagle 5) Gamey Tee Cos 6) Willie Be Fired 7) Lord Fa 8) Mojo Perry 9) Stella Lou UNPLACED Groupie James”, 15.2.6.9(B)(8) When the penalty assessed against a licensee for a medication or drug violation in a trial race results in a disqualification or loss of purse, or both, the licensee is subject to the same penalties for any race for which the trial race was conducted. During said time of applicable suspension Jose F Ramirez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC. Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Jose F Ramirez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: JOSE FRANCISCO RAMIREZ Ruling Date: 7/15/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-67-ASG Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2016-RUI-67 - Appeal Stay Granted Pending the Appeal Process Please see Documents
Name: Travis E Wales Ruling Date: 6/2/2016
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 12-2016 DE Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 6/7/2016 Suspension End: 6/13/2016
Ruling Text: 12-2016

Jockey Travis Wales, RCI ID 1958851 Is suspended for seven (7) calendar days from Tuesday, June 7, 2016, through and including Monday, June 13, 2016, for careless riding, which resulted in her mount "CHARICH (AR)" being disqualified from the first and placed second in the ninth race on Monday, May 30, 2016. Refer to D.T.R.C. Rules 3.3, 14.15.1 and 14.16.1.

Name: THEODORE JESSE NEZ Ruling Date: 5/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-44 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Licensee having appeared before the Board of Stewards on May 16TH for the charge of license falsification or omission. Licensee is found to be in violation of Commission rules.

Narrative: Failure to disclose previous arrest and conviction records on NMSRC license application.

For this rule violation, the Board of Stewards assessed a penalty in the amount of One hundred dollars ($100.00). The fine is to be paid on or before June 20, 2016 in accordance with 15.2.3.8(B)(3)(l) NMAC.Licensee is placed on probation pending results of court hearing.

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

Licensee is found to be in violation of the following rule (s): 16.47.1.8 GENERAL PROVISIONS L. GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF LICENSE (1) (d) has failed to disclose or falsely states any information required in the application 15.2.3.8 FLAT RACING OFFICIALS GENERAL PROVISIONS B. Stewards. (1) General authority. The stewards for each meeting shall be responsible to the commission for the conduct of the race meeting in accordance with the laws of this state and these rules. (d) The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. Whenever the stewards find any person culpable for any act or omission in violation of these regulations or any violation of the Horse Racing Act, the person shall be subject to disciplinary action, which could include a fine, suspension, or revocation/denial of license or any combination of these penalties. (3) Disciplinary action. The stewards shall take notice of alleged misconduct or rule violations and initiate investigations into the matters. (f) The stewards may impose any of the following penalties on a licensee for a violation of the act or these rules: issue a reprimand; assess a fine; require forfeiture or redistribution of purse or award, when specified by applicable rules and/or at their discretion; place a licensee on probation; suspend a license or racing privileges; revoke a license; exclude from grounds under the jurisdiction of the commission.

Name: WARREN CANTY Ruling Date: 4/17/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-266 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/17/2016 Suspension End:
Ruling Text: Licensee, Warren Canty, having been duly notified and appeared before the Board of Stewards for failure to disclose prior arrests on licensing application. Warren Canty is found to be in violation of:

16.47.1.8 (L)(1) The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: (a) has been convicted of a felony; (d) has failed to disclose or falsely states any information required in the application

For this violation, the Board of Stewards issue Warren Canty a penalty of the following:

                1. A suspension of any/all New Mexico Racing Commission licenses, effective April 17, 2016, and is referred to the New Mexico Racing Commission for any future licensing in New Mexico.
During said time of suspension Warren Canty is denied access to all grounds under the jurisdiction of the New Mexico Racing Commission in accordance with 15.2.1.9(C)(21)(a) NMAC.

Name: RAMON ROBERTO RIVERA Ruling Date: 3/19/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-161 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Ramon Rivera having been duly notified, having and appeared telephonically before the Board of Stewards on March 11 , 2016, regarding a confirmed positive test for the Class IV drug “Dexamethasone” at a level of( 152 pg per ml.), which was found in sample NM12243, after it was collected from the horse “Play Misty Forme” which participated in the tenth(10th) race, May 29, 2015, at Ruidoso Downs; For this violation, the Board of Stewards assessed penalties: As full and final resolution of this matter, Trainer, Ramon Rivera agrees to the following penalties: (1) Waive of Rights. Licensee’s knowingly, intentionally and voluntarily waives his/her right to a hearing and the right to judicial appeal. This waiver includes, but not limited to, licensee’s right to a full evidentiary hearing including the right to present evidence and cross examine witnesses: and any right to appeal this settlement or any decision in connection with this settlement agreement. (2). A five hundred dollar ($ 500.00) fine to be paid within sixty(60) days. As such, the following applies:

15.2.6.9 (C) NMAC: Which states “Category C penalties will be assessed as licensed Trainer, Ramon Rivera for violations due to the presence of a drug carrying a Category C penalty: First offense within a 365 day period in any jurisdiction shall have the horse must pass a Commission-approved examination before becoming eligible to be entered”.

(Per the terms of a signed Stipulated Settlement Agreement, this Licensee knowingly and voluntarily waives his right to judicial appeal. This waiver includes but not limited to , Licensee’s right to ( a) a full evidentiary hearing, including the right to present evidence and cross-examine witnesses; and (b) any right to appeal this settlement or any decision by the Commission in connection with this Settlement Agreement.) This Settlement Agreement shall be deemed approved and executed upon being signed by both parties. This Settlement Agreement constitutes a full and complete resolution of all claims and defenses that either party did raise or could have raised with the respect to these proceeding and execution of this Settlement constitutes full and final resolution. It is so Stipulated and Agreed.

Name: FRANKLIN ARTHUR JOHNSON Ruling Date: 9/28/2015
Jurisdiction: Delaware Harness Racing Commission Facility: Harrington Raceway
Ruling Number: HAR-052-15 Ruling Type: Falsification of License Application
Breed: Harness Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End: 8/22/2016
Ruling Text:
Mr. Franklin Johnson Jr. Has his Delaware Harness Racing Commission license "REVOKED" for falsification of his license application. DHRC rule: 5.1.1.2; 5.1.16; 5.1.16.1.5.
Name: MICHAEL VINCENT PINO Ruling Date: 8/12/2015
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 51-2015 DE Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
(51-2015)

Trainer Michael Pino, DOB 11/24/1962, RCI Id 1896259, having waived his right for a hearing is hereby fined the sum of Five Hundred ($500.00) dollars for failure to have the Foal Certificate on file for the horse “Fracula”, necessitating a late scratch in the sixth (6th) race on Saturday, August 1, 2015. Refer to D.T.R.C. Rules 3.4, 3.4.1.15 and 10.1.1. Fine must be paid within 48 hours.

Name: RONALD L BEVERLY Ruling Date: 8/1/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-191 Ruling Type: License Type Changed
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
The Groom license (#277799 RCI #4251225), and Exercise rider license (#277798 RCI # 4251223) issued to RONALD LYNN BEVERLY is hereby rescinded, having terminated employment and no longer working in this licensed capacity.

This ruling is in accordance with:

16.47.1.8 (M)(2) NMAC: Which states in pertinent part “A license is valid only under the condition that the licensee remains eligible to hold such a license”.

(Mr. Beverly surrendered his Groom and Exercise Rider licenses, and has been issued a Jockey license (ID# 278823 RCI# 4269179) effective this date, and currently works in this capacity.
Name: RAMON ROBERTO RIVERA Ruling Date: 7/19/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-163 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/30/2015 Suspension End: 1/26/2016
Ruling Text:
Trainer RAMON R RIVERA having been duly notified, and having appeared (with telephonic counsel) before the Board of Stewards on July 11, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) , for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM 12728 , after it was collected from the horse "Featuring This" which finished second in the 3rd race, Sunday, May 3, 2015, at the Downs At Albuquerque;
(The original lab report indicated a finding of Clenbuterol at 228 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by Industrial laboratories, which confirmed a finding of Clenbuterol at 211pg/ml, +/- 13 pg/ml).

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

15.2.6.9 (P) NMAC: Which states in pertinent part "Clenbuterol in a post race test that exceeds the screening limit of 140 pg/ml in urine, will constitute a violation of NMSRC rules".

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

For this violation, the Board of Stewards assessed RAMON R RIVERA a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 180 calendar days ( July 30, 2015, through January 26, 2016, inclusive); (2) A fine in the amount of two-thousand, five hundred dollars ($2,500.);
(3) Loss of purse of the 3rd race, Sunday, May 3, 2015, at the Downs At Albuquerque;
This is a second offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3)(b) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC. (A first offense case originally identified in a December 16, 2013 ruling was not adjudicated until October 20, 2014, ths making this a second offense within a 365 day period)).

During said time of applicable suspension, RAMONR RIVERA is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of RAMON R RIVERA are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

(Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings issued this date, at Ruidoso Downs).
BY ORDER OF THE RUIDOSO DOWNS BOARD OF STEWARDS

_____________________ _______________________ _____________________
DAVID KEITER NORM AMUNDSON ED L'ECUYER
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: RAMON ROBERTO RIVERA Ruling Date: 7/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-163-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/30/2015 Suspension End: 1/26/2016
Ruling Text: RE: 2015-RUI-163 - Appeal Submitted on July 27, 2015 received in main Commission Office in Albuquerque.
Name: RAMON ROBERTO RIVERA Ruling Date: 7/30/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-163-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 7/30/2015 Suspension End: 1/26/2016
Ruling Text: RE: 2015-RUI-163 - Appeal Stay Granted Pending the Appeal Process - Issued by District Judge Beatrice J. Brickhouse see Ruling
Name: RAMON ROBERTO RIVERA Ruling Date: 7/12/2015
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2015-RUI-146 Ruling Type: Improper or Inhumane Treatment of Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer RAMON R RIVERA, having appeared before the Board of Stewards on July 11, 2015, regarding Security Citation issued July 5, 2015, at Ruidoso Downs;

(Mr. Rivera was issued a Citation for neglect of a horse/failure to provide a water bucket/after race care for the horse “Political Report” while in the Test Barn, following the sixth race).

RAMON R RIVERA is found to be in violation of:

16.47.1.8 (U)(2) NMAC: Which states in pertinent part “No licensee or other person under the jurisdiction of the Commission shall subject or permit any animal under his/her control, custody, or supervision to be subjected to, or to incur any form of cruelty, mistreatment, neglect, or abuse, or to deprive any animal of necessary care, sustence, shelter, or Veterinary care”.

15.2.6.11 (E)(14) NMAC: Which states in pertinent part “The Trainer is responsible for attending the collection of urine or a blood sample, or delegating a licensed employee, or the Owner, to do so”

For this rule violation, the Board of Stewards assessed RAMON R RIVERA a penalty in the amount of two hundred dollars ($200.00). The fine is to be paid on or before August 12, 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.
Name: TODD WYATT FINCHER Ruling Date: 7/7/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-20 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 7/17/2015 Suspension End: 7/31/2015
Ruling Text:
Trainer Todd Fincher having been duly notified, and appeared before the Board of Stewards on May 1, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the drug "Dexamethasone" which was found in sample NM10217, after it was collected from the horse, "Ilikewinnin" which finished second in the 8th race, December 28, 2014, at Sunland Park Race Track.

(The original lab report indicated a finding of “Dexamethasone" at 413 pg/ml in blood/serum exceeds the authorized limit of 5.0 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and confirmed by LSU.

Trainer Todd Fincher is found to be in violation of:

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

15.2.6.9 (E)(1) NMAC: Which states in pertinent part "The permitted quantitative test level of "Dexamethasone" if administered shall be in such dosage amount that the official test sample shall not exceed 5 pg/ml of plasma".

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

For this violation, the Board of Stewards assessed Trainer Todd Fincher a penalty as follows;

A fine in the amount one thousand five hundred dollars, ($1500.00)
A suspension of any/all NMSRC issued licenses for a period of 15 calendar days (July 17, 2015 through July 31, 2015, Inclusive);
Also because this is the second offense for the horse “Ilikewinnin " loss of purse of the 8th race, December 28, 2014 at Sunland Park Race Track.

In addition “Ilikewinnin " is placed on the Veterinarians list for 45 days (July 7, 2015 through August 21, 2015), and must pass a Commission approved examination prior to being allowed any future entry, per 15.2.6.9 (C)(4)(a) NMAC.

This is a second positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3) NMAC.
Name: TODD WYATT FINCHER Ruling Date: 7/17/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-20-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 7/17/2015 Suspension End: 7/31/2015
Ruling Text: RE: 2015-SRP-20 - Appeal Submitted
Name: TODD WYATT FINCHER Ruling Date: 8/5/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-20-ASG Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 7/17/2015 Suspension End: 7/31/2015
Ruling Text: RE: 2015-SRP-20 - Appeal Stay Granted Pending the Appeal Process
Name: TODD WYATT FINCHER Ruling Date: 7/5/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-10 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Trainer Todd Fincher having been duly notified, and appeared before the Board of Stewards on June 13, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the drug "Triamcinolone Acetonide" which was found in sample NM09766, after it was collected from the horse, "Ilikewinnin" which finished first in the 8th race, November 24, 2014 Zia Park Race Track.

(The original lab report indicated a finding of “Triamcinolone Acetonide" at 324 pg/ml in blood/serum exceeds the authorized limit of 100.0 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and confirmed by LSU at 214 pg/ml.

Trainer Todd Fincher is found to be in violation of:

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

15.2.6.9 (E)(1) NMAC: Which states in pertinent part "The permitted quantitative test level of Triamcinolone Acetonide" if administered shall be in such dosage amount that the official test sample shall not exceed 100 pg/ml of plasma".

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

For this violation, the Board of Stewards assessed Trainer Todd Fincher a penalty as follows;

A fine in the amount one thousand dollars, ($1000.00)

In addition “Ilikewinnin " is placed on the Veterinarians list, and must pass a Commission approved examination prior to being allowed any future entry, per 15.2.6.9 (C)(4)(a) NMAC.


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

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: Arthuro Gonzales Ruling Date: 5/26/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2015-Comm-108 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/26/2015 Suspension End: 5/26/2015
Ruling Text:
Having failed to complete the required fingerprint process, the Owner License for Arthuro Gonzales Jr. is hereby recinded until fingerprints can be verified.



___________________________________________
Vince Mares, Executive Director
Name: Arthuro Gonzales Ruling Date: 6/16/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2015-Comm-108-REST Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/26/2015 Suspension End: 5/26/2015
Ruling Text: RE: 2015-Comm-108 - Restored to Good Standing Received Fingerprint Submission from Cogent on 5/22/2015
Name: PEDRO CARRILLO GOMEZ Ruling Date: 5/22/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-110 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Owner Pedro Carrillo, having been duly notified and having been represented by council, Pat Bingham, before the Board of Stewards on May 17, 2015 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class 4C drug "Methocarbamol", which was found in sample #NM08497, after it was collected from the horse "Future Jabonero" which finished 1st in the second race, September 13, 2014 at The Downs at Albuquerque; (The original lab report indicated a finding of Methocarbamol at 2,039 nanograms per milliliter in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU which confirmed a finding of Methocarbamol with a concentration of 1.1 ug/ml in the urine which converts to 1,100 nanograms per milliliter.

Owner Pedro Carrillo is found to be in violation of:

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

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

Penalty Recommendations:
15.2.6.9 (C) 3 LICENSED OWNER: Which states in pertinent part that, “2st offense (365-day period) in any jurisdiction in the following levels, the penalty is loss of purse and if same horse, that horse shall be placed on veterinarian’s list for 45 days and must pass a commission approved examination before being eligible to run.”
Name: PEDRO CARRILLO GOMEZ Ruling Date: 5/20/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-107 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Owner Pedro Carrillo, having been duly notified and having been represented by council, Pat Bingham, before the Board of Stewards on May 16, 2015 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class 4C drug "Methocarbamol", which was found in sample #NM08391, after it was collected from the horse "Montauk" which finished 1st in the fourth race, Friday, September 5, 2014 at The Downs at Albuquerque; (The original lab report indicated a finding of Methocarbamol at 2,149 nanograms per milliliter in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU which confirmed a finding of Methocarbamol with a concentration of 2.7 ug/ml in the urine which converts to 2,700 nanograms per milliliter.

Owner Pedro Carrillo is found to be in violation of:

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

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

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

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

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: TONY M GALLEGOS Ruling Date: 5/20/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-106 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer Tony M. Gellegos, having been duly notified and having been represented by council, Pat Bingham, before the Board of Stewards on May 16, 2015 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class 4C drug "Methocarbamol", which was found in sample #NM08391, after it was collected from the horse "Montauk" which finished 1st in the fourth race, Friday, September 5, 2014 at The Downs at Albuquerque; (The original lab report indicated a finding of Methocarbamol at 2,149 nanograms per milliliter in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU which confirmed a finding of Methocarbamol with a concentration of 2.7 ug/ml in the urine which converts to 2,700 nanograms per milliliter.

Trainer Tony M. Gellegos is found to be in violation of:

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

For this first violation (365 day period), the Board of Stewards assessed: Trainer Tony M. Gellegos, a penalty of a fine in the amount of one thousand dollars ($1,000.00).

Penalty Recommendations:
15.2.6.9 (C) 3 LICENSED TRAINER: Which states in pertinent part that, “1" offense (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $1,000.”
15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states in pertinent part that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: TONY M GALLEGOS Ruling Date: 5/20/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-109 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/31/2017 Suspension End: 2/14/2017
Ruling Text:
Trainer Tony M. Gellegos, having been duly notified and having appeared with council, Pat Bingham, before the Board of Stewards on May 17, 2015 regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class 4C drug "Methocarbamol", which was found in sample #NM08497, after it was collected from the horse "Future Jabonero" which finished 1st in the second race, September 13, 2014 at The Downs at Albuquerque; (The original lab report indicated a finding of Methocarbamol at 2,039 nanograms per milliliter in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU which confirmed a finding of Methocarbamol with a concentration of 1.1 ug/ml in the urine which converts to 1,100 nanograms per milliliter.

Trainer Tony M. Gellegos is found to be in violation of:

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

For this second violation (365 day period), the Board of Stewards assessed: Trainer Tony M. Gellegos, a penalty of
    1. A fine in the amount of one thousand five hundred dollars ($1,500.00).
    2. A 15 day suspension starting January 31, 2017 through February 14, 2017. (These dates are associated with other rulings, and may become effective immediately if those rulings are amended.)

Penalty Recommendations:
15.2.6.9 (C) 3 LICENSED TRAINER: Which states in pertinent part that, “2" offense (365-day period) in any jurisdiction in the following levels, the penalty is a minimum fine of $1,500 and 15 day suspension.”
15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Which states in pertinent part that "All fines imposed by the Stewards shall be paid to the commission within 30 days after the ruling is issued, unless otherwise ordered.

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: TONY M GALLEGOS Ruling Date: 5/27/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-109-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/31/2017 Suspension End: 2/14/2017
Ruling Text: RE: 2015-DAA-109 - Appeal Submitted
Name: PEDRO CARRILLO GOMEZ Ruling Date: 5/16/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-97 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Owner Pedro Carrillo having been duly notified, and having counsel Pat Bingham represent him, before the Board of Stewards on 5/16/2015, regarding a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM08572, after it was collected from the horse “Genuine Kiss” which finished 1st in the 1st race, Sept 17, 2014 at the Downs at Albuquerque.

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

As such, the following applies:

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


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

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

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


Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices or with the Stewards who issued the ruling.
Name: TONY M GALLEGOS Ruling Date: 5/27/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-96-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/30/2016 Suspension End: 1/30/2017
Ruling Text: RE: 2015-DAA-96 - Appeal Submitted
Name: TONY M GALLEGOS Ruling Date: 5/16/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-96 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/30/2016 Suspension End: 1/30/2017
Ruling Text:
Tony Gallegos having been duly notified, and having appeared (with counsel Pat Bingham) before the Board of Stewards on this date, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) , for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM08572, after it was collected from the horse "Genuine Kiss" which finished first in the 1st race, September 17, 2014 at the Downs at Albuquerque.

(The original lab report indicated a finding of Clenbuterol at 415 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and accepted by, Tony Gallego. The split was confirmed positive by LSU with a finding of 0.311ng/ml or 311pg/ml in urine).

Trainer Tony Gallegos is found to be in violation of:

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

15.2.6.9 (P) NMAC: Which states in pertinent part the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective April 20, 2012, in which states in part "Clenbuterol in a post race test that exceeds the screening limit of 140 pg/ml in urine, or 2 pg/ml in serum/plasma will constitute a violation of NMSRC rules. A subsequent published, posted, and distributed memo dated April 26, 2013, stated the criteria for Clenbuterol remained in effect".

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

For this violation, the Board of Stewards assessed Tony Gallegos a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 365 calendar days at the end of any previous suspension commencing (Jan. 30, 2016 through Jan. 30, 2017 inclusive); (These dates are associated with other rulings, and may become effective immediately if those rulings are amended.)

(2) A fine in the amount of five-thousand, dollars ($5,000.);
(3) Loss of purse of the 1st race, September 17, 2014 at the Downs at Albuquerque
This is a third offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2)(b) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.

During said time of applicable suspension, Tony Gallegos is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Gabino Carrillo are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.


BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS

_____________________ _______________________ _____________________
RON WALKER LINDA SALINAS JILL CATHEY
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: TONY M GALLEGOS Ruling Date: 5/27/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-15-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/2/2015 Suspension End: 1/29/2016
Ruling Text: RE: 2015-DAA-15 - Appeal Submitted
Name: TONY M GALLEGOS Ruling Date: 4/23/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-15 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/2/2015 Suspension End: 1/29/2016
Ruling Text:
Trainer Tony Gallegos, having been duly notified, and having appeared (with Counsel Pat Bingham) before the Board of Stewards on April 19, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM07504 after it was collected from the horse "Miracle Fish" which finished 2nd in the 2nd race, Saturday, June 21, 2014, at Sunray Park;

(The original lab report indicated a finding of Clenbuterol at 427 pg/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU, which confirmed a finding of Clenbuterol 0.176 pg/ml in the urine that converts to 176pg/ml in the urine).

Tony Gallegos is found to be in violation of:
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".
15.2.6.9 (P) NMAC: Which states in pertinent part the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo, in which states in part "Clenbuterol in a post race test that exceeds the screening limit of 100 pg/ml in urine, will constitute a violation of NMSRC rules". (Effective the time of this violation.)
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

For this second violation in 365 days , the Board of Stewards assessed Tony Gallegos a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 180 calendar days (commencing at the end of any previous suspension) (July 2, 2015 thru January 29, 2016 inclusive);
(2) A fine in the amount of two thousand five hundred, dollars ($2,500.);
(3) Disqualification and loss of purse the for the 2nd race June 21, 2014 at Sunray Park;

This is a second offense medication violation in the past 365 day period, this is issued in accordance with 15.2.6.9 (C)(3)(b) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.

During said time of applicable suspension, Tony Gallegos is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Tony Gallegos are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

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

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

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

As such, the following applies:

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

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

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

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

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


Name: PEDRO CARRILLO GOMEZ Ruling Date: 4/23/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-13 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Owner Pedro Carrillo, having been duly notified, and having appeared (via counsel – Pat Bingham), before the Board of Stewards on Sunday April 19, 2015, regarding a confirmed medication overage for the Class III drug “Clenbuterol”, which was found in sample NM06847, after it was collected from the horse, “Corporatist” which finished second in the 8th race, Friday, June 6, 2014 at Sunray Park;

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

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

As such, the following applies:

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


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

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

Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that “An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main Commission offices or with the Stewards who issued the ruling.
Name: TONY M GALLEGOS Ruling Date: 5/27/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-12-ASUB Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/2/2015 Suspension End: 7/1/2015
Ruling Text: RE: 2015-DAA-12 - Appeal Submitted
Name: TONY M GALLEGOS Ruling Date: 4/22/2015
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2015-DAA-12 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 5/2/2015 Suspension End: 7/1/2015
Ruling Text:
Trainer Tony Gallegos, having been duly notified, and having appeared (with Counsel Pat Bingham) before the Board of Stewards on April 18, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM06847 after it was collected from the horse "Corporatist" which finished 2nd in the 8th race, Friday, June 06, 2014, at Sunray Park;

(The original lab report indicated a finding of Clenbuterol at 516 pg/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by LSU, which confirmed a finding of Clenbuterol at 0.408ng/ml that converts to 408pg/ml in the urine).

Tony Gallegos is found to be in violation of:
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".
15.2.6.9 (P) NMAC: Which states in pertinent part the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo, in which states in part "Clenbuterol in a post race test that exceeds the screening limit of 100 pg/ml in urine, will constitute a violation of NMSRC rules". (Effective at the time of this violation.)
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

For this first violation in 365 days , the Board of Stewards assessed Tony Gallegos a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 60 calendar days (May 2, 2015 thru July 1, 2015 inclusive);
(2) A fine in the amount of one-thousand, dollars ($1,000.);
(3) Loss of purse the for the 8th race June 6, 2014 at Sunray Park;

This is a first offense positive test violation in the past 365 day period, this is issued in accordance with 15.2.6.9 (C)(3)(b) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.

During said time of applicable suspension, Tony Gallegos is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Tony Gallegos are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

(Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings issued this date, at DAA Park).

Name: RAMON GALLEGOS Ruling Date: 2/24/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2015-Comm-47 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
View Documents for Ruling
Name: MARTIN M ORONA Ruling Date: 2/19/2015
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2015-Comm-36 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
See copy of Stay located under Documents
Name: BRANDON CHASE MUNIZ Ruling Date: 1/18/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2015-SUN-590 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Trainer, Brandon C. Muniz, having been duly notified, and having telephonically appeared (Also in representation of the horse owner) before the Board of Stewards on January 18, 2015, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) , for a confirmed positive test for the Class III drug “Clenbuterol”, which was found in sample NM09600, after it was collected from the horse “Quick Dynasty” which finished fourth in the 9th race, Sunday, August, 31 2014, at Ruidoso Downs Race Track;

(The original lab report indicated a finding of Clenbuterol in urine at 1686 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and however Mr. Muniz did not exercise his right to a split sample).

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

For this violation, the Board of Stewards assessed Trainer Brandon C. Muniz a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of one calendar year (January 28, 2015, through January 27, 2016, inclusive);
(2) A fine in the amount of Five-Thousand dollars ($5,000.00);
(3) Loss of purse of the 9th race, Sunday, August 31, 2014, at Ruidoso Downs Race Track;
(4) Referral of this matter to the NMSRC for any action deemed necessary, in accordance with 15.2.3.8 (B)(3)(j) NMAC;

This is a third offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.

During said time of applicable suspension, Trainer Brandon C. Muniz, is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Trainer Brandon C. Muniz are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

(Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings, issued this date, at Sunland Park).
BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS

_____________________ _______________________ ______________________
CONNIE ESTES DAVID KEITER ED L'ECUYER

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

Name: JULIO RICARDO CARTAGENA Ruling Date: 2/6/2015
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 2015-Comm-29 Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/14/2015 Suspension End: 1/14/2017
Ruling Text:
BEFORE THE DELAWARE THOROUGHBRED RACING COMMISSION


IN THE MATTER OF :
:
JULIO CARTAGENA :
:

DECISION ON APPEAL OF STEWARDS’ RULING

NATURE OF THE PROCEEDINGS
This appeal is before the Delaware Thoroughbred Racing Commission (the “DTRC”) pursuant to the provisions of DTRC Rule 19. Following the fourth race on September 19, 2013, the DTRC’s official chemist determined that the blood and urine samples taken from the horse Chinglish (trained by Julio Cartagena (“Mr. Cartagena”)) tested positive for Nikethemide and N-ethylnicotinamide. Mr. Cartagena requested that the split samples be tested by the University of California, Davis and the UC-Davis test on the split sample confirmed the positive test. Mr. Cartagena was noticed for and appeared at a hearing before the Board of Stewards on May 15, 2014 and, in Ruling 07-2014, the Stewards imposed a fine of $2,500 and suspended Mr. Cartagena for two years to run consecutively with the suspension of Mr. Cartagena by the Florida racing commission that ends on June 19, 2015. Chinglish was disqualified from purse moneys for the fourth race on September 19, 2013. Mr. Cartagena filed a timely appeal to the DTRC and appeared with legal counsel Gary Katz (admitted pro hac vice by the Delaware Supreme Court) at a public hearing before the DTRC on November 13, 2014. The DTRC was represented at the hearing by Deputy Attorney General Andrew G. Kerber and the Board of Stewards was represented by Deputy Attorney General Edward Black.

DECISION
The Commission decided to uphold the Stewards ruling noting that Mr. Cartagena will begin his suspension immediately, running concurrently with Florida’s suspension. The vote was 3 in favor (Levine, Decker, Killeen), 1 opposed (Stegemeier).
REASONS FOR DECISION
Mr. Cartagena as the trainer for Chinglish bears primary responsibility for the proper care, health, training, condition, safety and protection against administration of prohibited drugs or medication of horses in his charge pursuant to DHRC Rule 7.3.1. Accordingly Mr. Cartagena is responsible for the presence of the drugs in Chinglish that caused the positive test. Mr. Cartagena introduced testimony to the effect that a former employee may have given drugs to the horse Chinglish without Mr. Cartagena’s knowledge; however Mr. Cartagena bears primary responsibility for the protection against administration of prohibited drugs or medication of horses in his charge pursuant to DHRC Rule 7.3.1.
ORDER
Having considered the evidence presented it is the decision of the DTRC that the Stewards ruling is upheld, provided that Mr. Cartagena will begin his suspension immediately, running concurrently with Florida’s suspension.

SO ORDERED this 14th day of January, 2015.

BY ORDER OF THE DELAWARE THOROUGHBRED RACING COMMISSION

Name: JULIO RICARDO CARTAGENA Ruling Date: 2/10/2017
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 2015-Comm-29-FO Ruling Type: By Order of Commission/Administration
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/14/2015 Suspension End: 1/14/2017
Ruling Text: RE: 2015-Comm-29 - Ruling Final Outcome

February 10, 2017

Delaware Thoroughbred Racing Commission Delaware Park

Commission Order: DTRC-2-February 10, 2017

REFERENCE: Stewards Rulings 07-2014 dated 5-28-2014 and the Commission's Decision and Order dated 1-15-2015

Trainer, JULIO R. CARTAGENA, RCI: 1041142, DOB: 1-09-57, having paid his original fine of $2,500.00 along with penalties and interest in the amount of $1,073.76 for non-payment of his fine which was delinquent for 24 months is permitted to reapply for a license.

Name: LARRY PILOTTI Ruling Date: 1/13/2015
Jurisdiction: Florida Division of Pari-Mutuel Wagering Facility: Gulfstream Park
Ruling Number: 2015-GP-58 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Consent Order # 2014048828, Violation of F.A.C. 61D-6.008(2)(a)(2).
Name: MARTIN M ORONA Ruling Date: 12/20/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-448 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: 12/1/2017 Suspension End: 3/16/2018
Ruling Text:
Trainer Martin M. Orona Jr., having been duly notified, and having appeared before the Board of Stewards on December 20, 2014, (With Representative Pat Bingham) regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM07231, after it was collected from the horse "Watch For Corona" which finished 4th in the fourth race, Saturday, July 12, 2014 at Ruidoso Downs Race Track;
(The original lab report indicated a finding of Clenbuterol at 738 pg/ml. Split sampling rights, as provided in 15.2.6.10 (D) NMAC was conducted by Industrial Laboratories, Inc., which confirmed a finding of Clenbuterol at 460 pg/ml +/- 15.2 pg/ml).

Trainer Martin M. Orona Jr. is found to be in violation of:
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".
15.2.6.9 (P) NMAC: Which states in pertinent part the suspension of authorized medications, as outlined in sections 1-2-3-4, which led to a published, posted, and distributed memo effective April 20, 2012, in which states in part "Clenbuterol in a post race test that exceeds the screening limit of 100 pg/ml in urine, or 2 pg/ml in serum/plasma will constitute a violation of NMSRC rules. A subsequent published, posted, and distributed memo dated April 26, 2013, stated the criteria for Clenbuterol remained in effect".
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

For this violation, the Board of Stewards assessed : Trainer Martin M. Orona Jr. a penalty as follows:
(1) A suspension of any/all NMSRC issued licenses for a period of 180 calendar days (December 31, 2014, through June 28, 2015, inclusive) or at the conclusion of any other prior administrative stays;
(2) A fine in the amount of two-thousand, five hundred dollars ($2,500.);
(3) Loss of purse of the 4th race, Saturday, July 12, 2014;
This is a second offense positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(2) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.

During said time of applicable suspension, Trainer Martin Orona Jr., is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC.

Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Trainer Martin Orona Jr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.
(Additional sanction is to apply to the Owner, and Horse, as outlined in related rulings).
Name: MARTIN M ORONA Ruling Date: 12/29/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-448-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: 12/1/2017 Suspension End: 3/16/2018
Ruling Text:
RE: 2014-SUN-448 - Modified Ruling
The horse "Watch For Corona" is here by disqualified and ordered unplaced, for a confirmed positive test for the Class III drug "Clenbuterol", which was found in sample NM07231, after it was collected from the horse "Watch For Corona" found after it finished 8th place in the 8th race, Saturday, July 26, 2014 at Ruidoso Downs Race Track;

15.2.1.9 B9 (3) (d) If a positive test arises in a trial race, the horse is eligible for entry during the period the split is tested and reported to foe commission. If the report confirms a positive test, for horse is disqualified from both the trial and the race for which for trial was conducted.
Name: MARTIN M ORONA Ruling Date: 11/3/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-448-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: 12/1/2017 Suspension End: 3/16/2018
Ruling Text: RE: 2014-SUN-448 - Ruling Final Outcome- Please see settlement agreement in Documents
Name: MARTIN M ORONA Ruling Date: 3/11/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2014-SUN-448-ASH Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: 12/1/2017 Suspension End: 3/16/2018
Ruling Text: RE: 2014-SUN-448 - Appeal Submitted to Hearing Officer
Name: JESUS J CARRETE Ruling Date: 12/1/2014
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2014-ZIA-355 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: 12/3/2014 Suspension End: 1/31/2015
Ruling Text:
Trainer Jesus Carrete, having been duly notified, and having appeared before the Board of Stewards on Monday, December 01, 2014, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive test for the drugs "Phenylbutazone" and "Flunixin" which was found in sample NM06723, after it was collected from the horse, "That’s Some Eye Candy" which finished first in the first race, Sunday, May 25, 2014 at SunRay Park. (The original lab report indicated a finding of Phenylbutazone at 2.18 mcg/ml and Flunixin at 39.8 ng/ml in blood/serum. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded, and said split sampling by LSU lab confirmed Phenylbutazone at 3.8 ug/ml and Flunixin at 43.98 ng/ml in blood/serum).

Trainer Jesus Carrete is found to be in violation of:
15.2.6.9(D)(1-2-3) NMAC: Which states in pertinent part that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels".
15.2.6.9 (E)(1) NMAC: Which states in pertinent part "The permitted quantitative test level of Phenylbutazone shall be administered in such dosage amount that the official test sample shall not exceed 2 micrograms per milliliter of plasma".
15.2.6.9 (E)(2) NMAC: Which states in pertinent part "Flunixin may be administered in such dosage amount that the official test sample shall not exceed 20 nanograms per milliliter of the drug substance, its metabolites, or analogs, per milliliter of blood plasma".
15.2.6.9(E)(5) NMAC: Which states in pertinent part "The presence of more than one of the three approved NSAIDS, with the exception of Phenylbutazone in a concentration below 2 micrograms per milliliter of serum or plasma, or any unapproved NSAID in the post race serum or plasma is not permitted.
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC: Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."15.2.6.9 (C) (2) NMAC: Which states in pertinent part : “Category B penalties will be assessed for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample.”

For this violation, the Board of Stewards assessed Trainer Jesus Carrete a penalty as follows;
(1) A suspension of any/all NMSRC issued licenses for a period of 60 days, (December 3, 2014 thru January 31, 2015(inclusive).
(2) A fine of one thousand dollars ($1,000.);
This is a first positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3)(a) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.

During said time of applicable suspension, Jesus Carrete is hereby excluded from all areas under the jurisdiction of the NMSRC, in accordance with 15.2.1.9(C)(21)(a-b) NMAC, and 15.2.3.8 (B)(3)(f) NMAC;

Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Jesus Carrete are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC;
(Additional sanction is to apply to the Owner, and Horse, as outlined in relate, issued this date at Zia Park)

_____________________ _______________________ _____________________
CONNIE ESTES DAVID KEITER ED L'ECUYER

Mr. Carrete further agrees/stipulates that he has been advised of appeal rights, and hereby waives any/all appeal rights associated with this case. Additionally, Owner Ascencion Fernandez, Jr. has also been made aware of his appeal rights, and also agrees to waive any/all appeal rights. As provided by 15.2.1. 9(B)(9)(b)NMAC:
Name: PEDRO CARRILLO GOMEZ Ruling Date: 11/21/2014
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2014-Comm-71 Ruling Type: Penalty Affirmed
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Signed D&O attached
Name: RANDY V NUNLEY Ruling Date: 11/4/2014
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 79-2015 DE Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
79-2014 DE

A report from LGC Science, Inc. the Official Chemist of the Delaware Thoroughbred Racing Commission, showed that the blood sample #50581, taken from the horse "PENNY'S CHIME", who finished first in the sixth race on Wednesday, August 27, 2014, tested positive for "Triamcinolone Acetonide" in the amount of 124 picograms per milliliter of plasma. The trainer of this horse, Mr. Randy Nunley, waived his right to a split sample.

As a result of a positive, Mr. Nunley was noticed for a hearing. Having appeared for a hearing on Monday, November 3, 2014; Mr. Nunley voluntarily waived his right to be represented by legal counsel. Under the Authority of the Stewards, refer to D.T.R.C. Rules 3.3.1. 3.3.3, 3.3.10, 3.4.1.7, and based of evidence and tesitmony presented at the hearing, Mr. Nunley was found to be in violation of D.T.R.C. Rules 7.3.1, 7.3.6, 7.3.9, 10.8.1.3, 15.1.1.1, 15.1.1.2, 15.1.2.2, 15.1.2.6, 15.1.2.7, 15.1.3.1, 15.1.3.1.1, 15.1.3.1.2 and 15.1.3.1.3. Mr Nunley is fined the sum of One Thousand ($1,000.00) dollars. Refer to D.T.R.C. Rules 3.3, 3.4, 3.4.1.15 and 18.1. Fine must be paid within 48 hours.

Due to Mitigating circumstances ths violation shall not incur any poits towards the ARCI medication point system.

The horse "Penny's Chime" is disqualified from all purse monies in the sixth race on Wednesday, August 27, 2014. The purse is ordered to be redistributed as follows:
1st- Artic Bird; 2nd-Sparkling Soul ; 3rd-Gitanilla; 4th-Will Unbridled; 5th-Malabar Anne; 6th-Bold Cailin; 7th -Penny's Chime. This Ruling in no way affects the pari-mutuel wagering in this race. Refer to D.T.R.C. Rules 17.6.1 and 17.7 (all)

Name: RANDY V NUNLEY Ruling Date: 11/4/2014
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 78-2014 DE Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
78-2014 DE

A report from LGC Science, Inc. the Official Chemist of the Delaware Thoroughbred Racing Commission, showed that the blood sample #44539, taken from the horse "Chili Bean", who finished first in the fourth race on Saturday, June 7, 2014, tested positive for "Triamcinolone Acetonide" in the amout of 392 picograms per milliliter of plasma. The trainer of this horse, Mr. Randy Nunley, waived his right to a split sample.

As a result of a positive, Mr. Nunley was noticed for a hearing. Having appeared for a hearing on Monday, November 3, 2014; Mr. Nunley voluntarily waived his right to be represented by legal counsel. Under the Authority of the Stewards, refer to D.T.R.C. Rules 3.3.1. 3.3.3, 3.3.10, 3.4.1.7, and based of evidence and tesitmony presented at the hearing, Mr. Nunley was found to be in violation of D.T.R.C. Rules 7.3.1, 7.3.6, 7.3.9, 10.8.1.3, 15.1.1.1, 15.1.1.2, 15.1.2.2, 15.1.2.6, 15.1.2.7, 15.1.3.1, 15.1.3.1.1, 15.1.3.1.2 and 15.1.3.1.3. Mr Nunley is fined the sum of One Thousand ($1,000.00) dollars. Refer to D.T.R.C. Rules 3.3, 3.4, 3.4.1.15 and 18.1. Fine must be paid within 48 hours.

This Violation shall incur ONE (1) Point towards the ARCI Medication point system.

The horse "Chili Bean" is disqualified from all purse monies in the fourth race on Saturday, June 7, 2014.
The purse is ordered to be redistributed as follows:
1st- Champion Sound; 2nd-Yellowknife Joe; 3rd-Bar Wedding; 4th-Thr Great Milenko; 5th-Hobson B; 6th-Shot Gun Sen Sobel; 7th -Chili Bean. This Ruling in no way affects the pari-mutuel wagering in this race. Refer to D.T.R.C. Rules 17.6.1 and 17.7 (all)

Name: RANDY V NUNLEY Ruling Date: 9/9/2014
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Thoroughbred Racing Commission
Ruling Number: 53-2014 DE Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
53-2014

A report from LGC Science, Inc., the official Chemists of the Delaware Thoroughbred Racing Commission, showed that the blood sample 44553, taken from the horse "RB Djustify", who finished forst in the eighth race on Monday, June 9, 2014, tested positive for "Phenylbutazone" in the amount of 2.99 micrograms per milliliter of plasma. The trainer of this horse, Mr. Randy Nunley, DOB 9/9/1958, waived his right to a split sample.

Mr Nunley waived his right to a hearing and under the authiority of the Stewards, refer to D.T.R.C. Rules 3.3.1, 3.3.3, 3.3.10, 3.4.1. 3.4.1.7, Mr. Nunley was found to be in violation of D.T.R.C. Rules 7.3.1, 7.3.6, 7.3.9, 10.8.1, 10.8.1, 10.8.1.3, 15.1, 15.1.1.1, 15.1.1.2, 15.1.2.2, 15.1.2.6, 15.1.2.7, 15.1.3.1, 15.1.3.1.1. 15.1.3.1.2, 15.1.3.1.4, 15.1.3.1.5, 15.3.1. Mr Nunley for a first time offense is fined the sum of five-hundred ($500.00) dollars. This violation shall incur One (1) Point towards the ARCI Medication point system. Refer to D.T.R.C. Rules 3.3, 3.4 and 3.4.1.15. Fine must be paid within 48 hours.
Name: JULIO RICARDO CARTAGENA Ruling Date: 5/28/2014
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 07-2014 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 6/20/2015 Suspension End: 6/19/2017
Ruling Text:
07-2014

A report from Dalare Associates, Inc., the official Chemists of the Delaware Thoroughbred Racing Commission, showed that the blood and urine samples D-08950, taken from the horse "Chinglish", who finished third in the fourth race on Thursday, September 19, 2013, tested positive for "Nikethamide and N-ethylnicotinamide". The trainer of this horse, Mr. Julio Cartagena, availed himself to a split sample which was confirmed on November 21, 2013, by the University of California, Davis to contain "Nikethamide and N-ethylnicotinamide" in the urine sample.

As a result of the positive, Mr. Cartagena was noticed for a hearing. Having appeared for a hearing on Thursday, May 15, 2014; Mr. Cargaena voluntarily waived his right to be represented by legal counsel. Under the authority of the Stewards, refer to D.T.R.C. 3.3.1, 3.3.3, 3.3.10, 3.4.1, 3.4.1.3, 3.4.1.7, and based on evidence and testimony presented at the hearing, Mr. Cartagena was found to be in violation of D.T.R.C. Rules 7.3.1, 7.3.6, 7.3.9, 10.8.1, 10.8.1.3, 15.1, 15.1.1.1, 15.1.1.2, 15.1.2.2, 15.1.2.6, 15.1.2.7, 15.1.3.1, 15.1.3.1.1, 15.1.3.1.2, 15.1.3.1.3, 15.3.1, 15.3.2, 18.1.2, 18.1.3, 18.1.4. Mr. Cartagena is fined the sum of two thousand five hundred ($2,500.00) dollars and suspended for a period of two years from Saturday, June 20, 2015 through and including Monday, June 19, 2017; the suspension is to run consecutively with the one-and-one-half year suspension imposed on Mr. Cartagena by the State of Florida on December 19, 2013, that ends on June 19, 2015. During the period of suspension, he shall be denied the privileges of all grounds under the jurisdictions of the Delaware Racing Commission. Refer to D.T.R.C. Rules 3.3, 3.4, 3.4.1.3, 3.4.1.15, 18.1.2, 18.1.3 and 18.1.4. Fine must be paid within 48 hours.

The horse "Chinglish" is disqualified from all purse monies in the fourth race on Thursday, September 19, 2013. The purse is ordered redistributed as follows: 1st - Marvelous Chester; 2nd - A Student; 3rd - One Sunday; 4th - Chuckie's Honor; 5th - Slick Vic; 6th - Chinglish. This ruling in no way affects the pari-mutuel wagering in this race. Refer to D.R.C. Rules 15.01.2(b), 17.06, and 17.07.

The stewards respectfully refer Mr. Cartegna's case to the Delaware Thoroughbred Racing Commission pursuant to Rule 3.4.1.16 for further consideration and action if deemed appropriate by the Commission.

Name: PEDRO CARRILLO GOMEZ Ruling Date: 5/13/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 0036614 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING#: 0036614 TRACK: SunRay Park DATE: May 13, 2014 Owner, PEDRO CARRILLO DOB: 07/20/1975 LICENSE #:73181053 having Patrick Bingham represent him telephonically before the Board of Stewards on May 10, 2014 for a positive test for the drug Clenburterol which was found in sample #NMO4622 after it was collected from the horse "SWEETENED VANILLA" which finished in 1ST place in the 3RD race on December 1, 2013 at ZIA PARK. PEDRO CARRILLO is listed as the recorded Owner of the horse "SWEETENED VANILLA" which is the subject of related rulings ( #0035614 and #0037614) issued on this date at SUNRAY PARK in which sanctions were made against the Trainer of record. As such, the following applies: 15.2.6.9 (C ) (4) (a) NMAC: Which states in pertinent part : Category B penalties will be assessed against a licensed Owner for violations due to the presence of a drug carrying Category B penalty: First offence shall be disqualification, loss of purse and the horse must pass a Commission approved examination before becoming eligible to be entered". For this violation, the Board of Stewards assessed PEDRO CARRILLO a penalty as follows: Loss of purse of the 3RD race on December 1, 2013 at Zia Park.. (Refer to related rulings #0035614 and 0037614). BY ORDER OF THE SUNRAY PARK BOARD OF STEWARDS STEWARD STEWARD STEWARD Reuben Rivera Bob Allison Linda Salinas Appeal Filing Deadline: 15.2.1.9(B) (9) (b) NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main commission offices or with the Stewards who issued the ruling.
Name: JORGE LUIS CARRILLO Ruling Date: 5/12/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 0033614 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RULING#: 0033614 TRACK: SunRay Park DATE: May 12, 2014 LICENSEE: Owner JORGE LUIS CARRILLO DOB: 10/14/1990 LICENSE #:53182841 having Patrick Bingham represent him telephonically before the Board of Stewards on May 10, 2014 for a positive test for the drug Clenburterol which was found in sample #NMO4248 after it was collected from the horse "ZOOMING AT MIDNIGHT" which finished in 1ST place in the 4TH race on November 13, 2013 at ZIA PARK. JORGE LUIS CARRILLO is listed as the recorded Owner of the horse "ZOOMING AT MIDNIGHT" which is the subject of related rulings #0032614 and #0034614 issued on this date at SUNRAY PARK in which sanctions were made against the Trainer of record. As such, the following applies: 15.2.6.9 (C ) (4) (a) NMAC: Which states in pertinent part : Category B penalties will be assessed against a licensed Owner for violations due to the presence of a drug carrying Category B penalty: First offence shall be disqualification, loss of purse and the horse must pass a Commission approved examination before becoming eligible to be entered". For this violation, the Board of Stewards assessed JORGE LUIS CARRILLO a penalty as follows: Loss of purse of the 4th race on November 13, 2013 at Zia Park. (Refer to related rulings #0032614 AND #0034614). BY ORDER OF THE SUNRAY PARK BOARD OF STEWARDS STEWARD STEWARD STEWARD Reuben Rivera Bob Allison Linda Salinas Appeal Filing Deadline: 15.2.1.9(B) (9) (b) NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling. The appeal must be filed at the main commission offices or with the Stewards who issued the ruling. BY ORDER OF THE SunRay Park BOARD OF STEWARDS STEWARD STEWARD STEWARD 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 20 days from the date of the ruling. The appeal must be filed at the main commission offices or with the Stewards who issued the ruling.
Name: SOCORRO O LUJAN Ruling Date: 3/16/2014
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 3311514 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: RULING#: 3311514 TRACK: SUNLAND PARK DATE: March 16, 2014 The Assistant Starter license issued to SOCORRO O. LUJAN (DOB: 06/27/1959 NMSRC LICENSE #64984175) is hereby rescinded, having terminated employment and no longer working in this licensed capacity. This ruling is in accordance with: 16.47.1.8(M)(2) NMAC: Which states in pertinent part that "A license is only valid under the condition that the licensee remains eligible to hold such a license." SOCORRO O. LUJAN has been issued a Groom license # 51983987, and is working in this capacity effective this date. BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS DAVID KEITER ED L'ECUYER RON WALKER
Name: MIGUEL CASTILLO Ruling Date: 12/11/2012
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2525512 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 9/19/2013 Suspension End: 3/30/2016
Ruling Text:
RULING#: 2525512 TRACK: Sunland Park DATE: December 11, 2012
 
Owner and Trainer MIGUEL CASTILLO DOB: 05/29/1985 LICENSE #:63163092 and 56061525 having appeared (with counsel) before the Board of Stewards on 12/09/2012 regarding a lab report from Iowa State University, (official testing laboratory for the NMSRC),  for  confirmed positive tests for the drugs 4-Methylaminoantipyrine (Dipyrone) an 4-Aminoantipyrine (Aminopyrine) and Tranexamic Acid which were found in sample# 421389 after it was collected from the horse BV PRETTY WOMAN which finished in 4th place in the 4th race on 9/22/2012 at Zia Park.
 
(The original lab report indicated 4-Methylaminoantipyrne at a level of greater than 1000/ ng/ml and 4-Aminoantipyrine at a level of greater than 1000 ng/ml, and Tranexamic acid at level greater than500 ng/ml). Split sampling was waived by Mr Castillo.
 
MIGUEL CASTILLO is found to be in violation of:
 
15.2.6.9(C) (1) NMAC: Which states in pertinent part that "A finding by the official chemist of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. (a) drugs or medication for which no acceptable levels have been established; and (b) therapeutic medications in excess of established acceptable levels".
 
15.2.6.9 (H) (13) NMAC; which states in pertinent part that "The permitted quantitative test level of Dipyrone shall be administered in such dosage amounts that the official test sample shall not exceed 1,000 ng/ml in urine or its blood equivalent".
 
15.2.6.11(A) NMAC and 16.47.1.10(B)(1) NMAC:  Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse.  A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule.  The Trainer is absolutely responsible regardless of the acts of third party."
 
For this violation, the Board of Stewards assessed MIGUEL CASTILLO a penalty as follows:
1. A suspension of any/all NMSRC issued licenses for a period of four hundred eighty five days, (485), 9/19/2013 through 01/20/2015.
2. A fine in the amount of ten thousand dollars $10,000, and referral to the Commission.
3. Loss of purse for the 4th race 9/22/2012 at Zia Park.  
4.            This matter is hereby reffered to the New Mexico Racing Commission for any further action deemed necessary per 15.2.3.8(B)(3)(i).
 
The fine is to be paid on or before 01/08/2013 in accordance with 15.2.3.8(B) (3) (l) NMAC.
 
This is a third offense positive test within 365 day period.
 
Additionally, the horse BV PRETTY WOMAN must remain on the vets' list for a period of forty five (45) days, 12-09-2012 through 01/23/2013 inclusive, and must pass a Commission approved examination before being allowed to race.
 
During said time of such applicable suspension, MIGUEL CASTILLO is here by excluded from all areas of the grounds under the jurisdiction of the New Mexico Racing Commission, in accordance with 15.2.1.9(C )(21)(a-b) NMAC and 15.2.3.8 (B)(3)(f) NMAC.
 
Additionally, effective on applicable suspension dates, all horses owned or trained, or under the care of MIGUEL CASTILLO are ineligible to be entered or start in any race in this jurisdiction. Per 15.2.1.9(C) (21) (c) NMAC
 
Appeal Filing Deadline: 15.2.1.9(B) (9) (b) NMAC: Which states in pertinent part that "An appeal under this section must be filed not
 
Later than 20 days from the date of the ruling.  The appeal must be filed at the main commission offices or with the Stewards who issued the ruling.
 
 
Name: MIGUEL CASTILLO Ruling Date: 3/30/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2525512-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 9/19/2013 Suspension End: 3/30/2016
Ruling Text: RE: 2525512 - Ruling Final Outcome - Settlement Agreement of March 30, 2016 (see attached) Time served, forfeit all purses, $2k fine. See Tina if there are any questions



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