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. >2/19/2019<

247 Total Rulings compiled at: 2/24/2019 3:06:42 AM G.M.T.

Name: ORIN LEE COGBURN Ruling Date: 2/22/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Will Rogers Downs
Ruling Number: 19-WRD-005 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 ORRIN COGBURN PLED "NO CONTEST" AND WAIVED HIS RIGHT TO A HEARING FOR A HORSE UNDER HIS SUPERVISION, "CATCH JESSIE IF UCAN" THE 1ST PLACE FINISHER IN THE 2ND RACE AT WRD ON 9/28/2018, TESTING POSITIVE FOR THE DRUG DEXAMETHASONE, IN EXCESS OF THE PERMITTED LEVEL. IT IS THE ORDER OF THE WRD BOARD OF STEWARDS THAT ORRIN COGBURN SHALL BE FINED $500.00. IT IS FURTHER ORDERED THAT THE HORSE IS DISQUALIFIED FROM 1ST PLACE IN THE 2ND RACE AT WRD ON 9/28/2018.
Name: RAMON ARIEL ALVAREZ Ruling Date: 2/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-100 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Ramon A. Alvarez was duly notified and failed to appear or respond on February 19, 2019, so the hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on February 19, 2019. The hearing was in regard to Ramon A. Alvarez failing to have a current piroplasmosis for entry “In the Air Tonight”, which resulted in a late scratch in the 2nd race on February 8, 2019, at Sunland Park Racetrack.

The Board of Stewards hereby fines Ramon A. Alvarez in the amount of Two Hundred Dollars ($200.00). The fine is to be paid on or before March 24, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine within the time prescribed will result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with 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. 16.47.1.10(C)(5)Trainer Responsibility The trainer is responsible for the proper identity, custody, care, health, condition, and safety of horses in their charge. 16.47.1.10(C)(15) Trainer Responsibility The trainer is responsible for maintaining a knowledge of the medication record and status of all horses in their care. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/

Name: JOSE LUIS GALVAN Ruling Date: 2/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-101 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Jose Luis Galvan was duly notified and failed to appear or respond on February 19, 2019, so the hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on February 19, 2019. The hearing was in regard to Jose Luis Galvan failing to have a current Piroplasmosis for entry “Windham Man”, which resulted in a late scratch in the 3rd race on February 1, 2019, at Sunland Park Racetrack.

The Board of Stewards hereby fines Jose Luis Galvan in the amount of Two Hundred Dollars ($200.00). The fine is to be paid on or before March 24, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine within the time prescribed will result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with 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. 16.47.1.10(C)(5)Trainer Responsibility The trainer is responsible for the proper identity, custody, care, health, condition, and safety of horses in their charge. 16.47.1.10(C)(15) Trainer Responsibility The trainer is responsible for maintaining a knowledge of the medication record and status of all horses in their care. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: GASTON FLORAS VALENZUELA Ruling Date: 2/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-102 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Gaston F. Valenzuela was duly notified and failed to appear or respond on February 19, 2019, so the hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board of Stewards on February 19, 2019. The hearing was in regard to Gaston F. Valenzuela failing to have a current Piroplasmosis for entry “Im Into Doing”, which resulted in a late scratch in the 3rd race on February 1, 2019, at Sunland Park Racetrack.

The Board of Stewards hereby fines Gaston F. Valenzuela in the amount of Two Hundred Dollars ($200.00). The fine is to be paid on or before March 24, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine within the time prescribed will result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with 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. 16.47.1.10(C)(5)Trainer Responsibility The trainer is responsible for the proper identity, custody, care, health, condition, and safety of horses in their charge. 16.47.1.10(C)(15) Trainer Responsibility The trainer is responsible for maintaining a knowledge of the medication record and status of all horses in their care. 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: ERNESTO ROJAS MEDELLIN Ruling Date: 2/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-103 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/22/2019 Suspension End:
Ruling Text: Owner Ernesto Riojas Medellin is hereby suspended, effective immediately February 22, 2019, for failing to pay the fine ($200) assessed in Ruling 2018-ZIA-238. During said time of applicable suspension Ernesto Riojas Medellin is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21).

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

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8 (B)(3)(1) All fines imposed by the Stewards shall be paid to the Commission within 30 days after the ruling is issued, unless otherwise ordered 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b):

Name: IRWIN JESUS ROSENDO Ruling Date: 2/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-105 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 3/1/2019 Suspension End: 3/7/2019
Ruling Text: Jockey, Irwin J. Rosendo, having been summoned and having appeared before the Board of Stewards on February 22, 2019 for careless riding during the running of the 3rd race on February 22, 2019, at Sunland Park Racetrack while aboard “Yep Yep Yep”. (Bore in sharply under a right handed whip down the lane impeding number 2 causing him to take up and alter course costing him the opportunity at a better placing.)

For this violation, the Board of Stewards assessed Irwin J. Rosendo a suspension of 7 calendar days (March 1, 2019 thru March 7, 2019). Irwin J. Rosendo is allowed to ride designated races.

Licensee is found in violation of and written in accordance with: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(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. 15.2.5.13(E)(4)(a) NMAC Disqualification. When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horse as in their judgment it interfered with, or they may place it last 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: OSCAR CORDOVA Ruling Date: 2/22/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-106 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Mixed
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey Oscar Cordova was duly notified and appeared for his hearing before the Board of Stewards on February 22, 2019, for failure to wear a safety vest during training hours on Feburary 10, 2018, at Sunland Park Racetrack.

The Board of Stewards hereby fines Oscar Cordova in the amount of one hundred dollars ($100.00). The fine is to be paid on or before March 23, 2019 in accordance with 15.2.3.8 (B)(3)(1) NMRC. Failure to pay the fine within the time prescribed will result in immediate suspension

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

15.2.5.13 (A)(8)(a) SAFTEY REQUIRMENTS Any licensed assistant starter and any licensee mounted on a horse or stable pony on the association grounds must wear a properly fastened New Mexico racing commission approved protective helmet and safety vest. (a) The approved protective helmet and safety vest shall be worn when: (i) racing, parading or warming up a horse prior to racing; or (ii) jogging, training or exercising a horse at any time.

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

Name: WLADIMIR ROCHA Ruling Date: 2/22/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-13 Ruling Type: Failure to Report or Make Correct Weight
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Jockey, Wladimir Rocha Permit #118847 DOB 08/22/1979 is fined Fifty dollars ($50.00) for being in violation of Rule 178-1-45.5d applicable part which reads. Any overweight shall be declared by a jockey to the clerk of scales at the time appointed in advance of a race. The clerk of scales shall report to the stewards any failure on the part of any jockey to comply with this subdivision. Jockey Wladimir Rocha failed to make his reported weight in the Seventh race on Thursday February 21, 2019.

You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five-Hundred ($500.00) Dollars.

Name: Thomas Litt Ruling Date: 2/21/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-45 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 2/19/2019 Suspension End: 8/17/2019
Ruling Text:
On February 13, 2019 a search was conducted of the vehicle belonging to Thomas Litt. Mr. Litt was present during the search and a syringe containing fluid with a needle attached was found and also an empty syringe was in the vehicle. Mr.Litt was not truthful with investigators concerning the whereabouts of his vehicle prior to the search. His action was against the best interest of racing. O.S.R.C.-3769-18-07(A)  18-99
Name: TYRONZ O MILLER Ruling Date: 2/21/2019
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #19-0016 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/21/2019 Suspension End: 12/31/2019
Ruling Text: Stable Employee: Tyrone O. Miller (4/25/1963)

After waiving his right to a formal hearing before the Board of Stewards Tyrone O. Miller is hereby suspended for the remainder of the calendar year, through and including December 31, 2019 for disorderly conduct, use of threatening and abusive language, and interference with a commission employee while that person was in the course of performing his duties on association grounds at Turfway Park on February 15, 2019. In addition, it has been discovered that Mr. Miller has a current formal ejection from Belterra Park. During his suspension Mr. Miller is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Tyrone O. Miller is required to appear in person before the License Review Committee of the Kentucky Horse Racing Commission for any future license consideration.

810 KAR 1:025 Section 14, Subsection (h) (q) (y)

BY ORDER OF THE STEWARDS

Name: PATRICK A HENRY Ruling Date: 2/20/2019
Jurisdiction: Oregon Racing Commission Facility: Portland Meadows
Ruling Number: PM19-017 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Henry failed to fulfill two engagements on February 5, 2019, in the last two races at Portland Meadows causing the horses to be scratched. He did it just prior to the race start, so other jockeys could not be located to ride the mounts. Nor did he obtain permission from the stewards. This ruling is a formal warning to Henry following a formal hearing. Henry has been told not to leave the jockey's room without express approval of the stewards.
Name: Chuck McCormick Ruling Date: 2/20/2019
Jurisdiction: Oregon Racing Commission Facility: Portland Meadows
Ruling Number: PM19-018 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Darren "Chuck" McCormick was the trainer of Power of War, who won the 7th race on January 29, 2019 at Portland Meadows. The blood sample taken by the ORC test barn staff and sent to Truesdail Laboratories tested positive for 6.9 micrograms of phenylbutazone. The limit allowed by ORC is 2 mcg. McCormick signed a waiver in lieu of having a hearing and was fined $300. McCormick paid his fine on 2/20/19.
Name: KIM PLUTA Ruling Date: 2/20/2019
Jurisdiction: Ohio Racing Commission Facility: Northfield Park
Ruling Number: 2019-NDP-44 Ruling Type: General/Miscellaneous Rulings
Breed: Harness Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Mr. Pluta failed to drive when programmed on #7 Road Rage in race 14 on 2/19/19. O.S.R.C.-3769-17-29  17-99  If the fine is not paid to the judges by 2/27/19 you may be suspended and or license revoked by the commission.
Name: TODD CHARLES RYNEARSON Ruling Date: 2/20/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 19-RP-008 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: HAVING VOLUNTARILY SURRENDERED THE BLACKSMITH LICENSE ISSUED TO TODD CHARLES RYNEARSON, SAID LICENSE IS HEREBY RESCINDED EFFECTIVE 2/15/2019.
Name: ANNE CARROLL Ruling Date: 2/20/2019
Jurisdiction: Oklahoma Horse Racing Commission Facility: Remington Park
Ruling Number: 19-RP-009 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: HAVING VOLUNTARILY SURRENDERED THE HOTWALKER LICENSE ISSUED TO ANNE CARROLL, SAID LICENSE IS HEREBY RESCINDED EFFECTIVE 2/15/2019.
Name: Cynthia Boys Ruling Date: 2/20/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-12 Ruling Type: Warning Letter
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer, Cynthia Boys Permit: #22855 DOB: 10/15/1971, the official sample #E288747 taken from the runner “Whiz Pass” who finished Fourth (4th) in the Third (3rd) race on Wednesday, January 23, 2018, was reported by Industrial Testing Laboratory to contain Furosemide confirmed in blood above the authorized levels. Specifically, the blood sample contained 735 +/- 10 ng/ml. The Stewards conclude that Ms. Boys has violated section(s) 178-1-49.6.a and 178-1-49.4.a.2, which reads: “Controlled therapeutic medications in excess of established threshold concentrations as set forth in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2, contained in table 178-1F at the end of this rule”. However, the Stewards determine the appropriate penalty on a case by case basis by considering the mitigating/aggravating factors. Based on the above, the penalty on Ms. Boys will be a warning with no suspension, fine, or points. You have the right to appeal this Ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 Days of your receipt of this Ruling and must include a security fee in the amount of $500. Dated: February 20, 2019
Name: CARLOS O. ALVIDREZ Ruling Date: 2/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-94 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/19/2019 Suspension End:
Ruling Text: Trainer, Carlos O Alvidrez, is hereby summarily suspended, effective immediately, February 19, 2019 pending the outcome of his hearing scheduled for February 26, 2019, at 9:00 a.m. in the office of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Dr, Sunland Park, NM.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Penalty B Controlled Substance, clenbuterol, found in test sample #E291867 taken from the second place finisher “Streicher”, in the 2nd race on February 1, 2019, at Sunland Park Racetrack.

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

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

Name: GREG ALLEN GREEN Ruling Date: 2/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-95 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer Greg Green was duly notified and failed to appear for his hearing before the Board of Stewards on February 16, 2019 had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d) non-appearance

The hearing was in regard to Greg Green missing Lasix for entry, “Cowboy Cool”, which resulted in a late scratch and mutuel refund in the 5th race on Febtuary 3, 2019 at Sunland Park Racetrack.

The Board of Stewards hereby fines Greg Green in the amount of Two Hundred Dollars, ($200.00). The fine is to be paid on or before March 21,2019, in accordance with 15.2.3.8 (B)(3)(1) NMAC. Failure to pay the fine within the time prescribed will result in immediate suspension.

Licensee is found in violation of and this ruling is written in accordance with 15.2.6.9(D) (2)(3) The use of furosemide shall be administered by the official veterinarian, the racing veterinarian, or practicing veterinarian no less than four hours prior to post in which the horse is entered.

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

Name: Ruben Leyba Ruling Date: 2/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-96 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/19/2019 Suspension End:
Ruling Text: Owner/Trainer, Ruben Leyba Jr., is hereby summarily suspended, effective immediately, February 19, 2019 pending the outcome of his hearing scheduled for March 1, 2019, at 10:30 a.m. in the office of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Dr, Sunland Park, NM.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Penalty B Controlled Substance, clenbuterol, found in test sample #E291904 taken from the first place finisher “Wild Daddy Jack”, in the 9th race on February 2, 2019, at Sunland Park Racetrack.

In accordance with 15.2.1.9 (C)(21), Ruben Leyba Jr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC. Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Ruben Leyba 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, owned, or in the care and custody of Ruben Leyba Jr. must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

Name: JOSE LUIS GALVAN Ruling Date: 2/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-97 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Jose Luis Galvan was duly notified and waived his right for a hearing before the Board of Stewards on February 19, 2019. This is in regard to Jose Luis Galvan failing to have a current piroplasmosis for entry “Windham Man”, which resulted in a late scratch in the 3rd race on February 1, 2019, at Sunland Park Racetrack.

The Board of Stewards hereby fines Jose Luis Galvan in the amount of Two Hundred Dollars ($200.00). The fine is to be paid on or before March 21, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine within the time prescribed will result in immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with 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. 16.47.1.10(C)(5)Trainer Responsibility The trainer is responsible for the proper identity, custody, care, health, condition, and safety of horses in their charge. 16.47.1.10(C)(15) Trainer Responsibility The trainer is responsible for maintaining a knowledge of the medication record and status of all horses in their care. 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 MeasuresWindham Man

Name: JAIME ALBERTO JOHNSTON Ruling Date: 2/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-98 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Applicant Jaime Johnston having applied for a groom’s license on January 27, 2019, is herby denied having failed the mandatory drug test by testing positive for Amphetamine and Methamphetamine.

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

Name: Ry Patrick Eikleberry Ruling Date: 2/19/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-99 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey, Ry Eikleberry, having been summoned and appeared before the Board of Stewards on February 19, 2019 for failure to make sufficient effort to control his mount during the running of the 3rd race on Febuary 17, 2019, at Sunland Park Racetrack while aboard “Wild Wild Kingdom”.

For this violation, the Board of Stewards assessed Ry Eikelberry a fine in the amount of $200. The fine is to be paid on or before March 20, 2019 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found in violation of and written in accordance with: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(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. 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: CHAD A LINDSAY Ruling Date: 2/18/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP102 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Having been properly notified of a formal hearing and having waived that right, Jockey Chad Alan Lindsay (ADG #22253) is hereby fined ONE HUNDRED DOLLARS ($100.00) plus 5% Race Horse Adoption surcharge for a total ONE HUNDRED AND FIVE DOLLARS AND ($105.00) for failing to attend films on February 16, 2019, as instructed by the Board of Stewards.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by February 28, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning March 1, 2019 through and inclusive of August 28, 2019, 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-19-2-121€

Name: JOSEPH ALAN HERRICK Ruling Date: 2/18/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-46 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer JOSEPH HERRICK, who started the horse LOVELY FINISH, the second place finisher in the second race at Del Mar Race Track on December 1, 2018, is fined FIVE HUNDRED DOLLARS ($500.00)*, pursuant to California Horse Racing Board rule #1887 (Trainer or Owner to Insure Condition of Horse), for violation of California Horse Racing Board rule #1843 (a)(d) (Medication, Drugs and Other Substances), #1843.1(b) (Prohibited Drug Substances), and #1844 (f)(2) (Authorized Medication – 5-Hydroxydantrolene (410 pg/ml) which is above the allowable level (100 pg/ml)).
Name: JC DIAZ Ruling Date: 2/18/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-47 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Apprentice Jockey J. C. Diaz, Jr. is fined FIFTY DOLLARS ($50.00)* for violation of California Horse Racing Board rule #1530 (Cases not Covered by Rules and Regulations – late to paddock) prior to the fifth race at Santa Anita Park on February 17, 2019.
Name: FLAVIEN PRAT Ruling Date: 2/18/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-48 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey FLAVIEN PRAT is fined FIFTY DOLLARS ($50.00)* for violation of California Horse Racing Board rule #1530 (Cases not Covered by Rules and Regulations – late to paddock) prior to the fifth race at Santa Anita Park on February 17, 2019.
Name: EVIN ROMAN Ruling Date: 2/18/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-49 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey EVIN ROMAN is fined FIFTY DOLLARS ($50.00)* for violation of California Horse Racing Board rule #1530 (Cases not Covered by Rules and Regulations – late to paddock) prior to the fifth race at Santa Anita Park on February 17, 2019.
Name: Logan Heath Powell Ruling Date: 2/18/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-014-19 Ruling Type: Fraudulent Acts Relative to Racing
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: DHRC licensee Logan Powell (License #9633 OTD) is fined $500.00 for fraudulant acts and misrepresentation for signing anothers person's name on 3 separate DHRC documents. DHRC rule: 5.1.27.7; 5.1.27.10; 5.1.27.10.3. Logan Powell had a Judge's hearing on February 14, 2019 at Dover Downs. All fines are to be paid within 10 days of written rule. All appeals are due within 48 hours of written rule.
Name: HOWARD L ZUCKER Ruling Date: 2/17/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-43 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer HOWARD ZUCKER, is fined ONE HUNDRED DOLLARS ($100.00)* for violation of California Horse Racing Board rule #1874 (Disorderly Conduct – impeded gateman from performing duties), on January 3, 2019, at Santa Anita Park.
Name: JORGE GOMEZ PERIBAN Ruling Date: 2/17/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-44 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer JORGE PERIBAN, who started the horse WE WILL RE JOYCE, the first place finisher in the fifth race at Los Alamitos Race Track on December 16, 2018, is fined FIVE HUNDRED DOLLARS ($500.00)*, pursuant to California Horse Racing Board rule #1887 (Trainer or Owner to Insure Condition of Horse), for violation of California Horse Racing Board rule #1843 (a)(d) (Medication, Drugs and Other Substances), #1843.1(b) (Prohibited Drug Substances), and #1844 (c)(2) (Authorized Medication – Flunixin (77.8 ng/ml) which is above the allowable level (20 ng/ml)).
Name: FELIPE FIGUEROA MARTINEZ Ruling Date: 2/17/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-45 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/24/2019 Suspension End: 3/1/2019
Ruling Text: Jockey FELIPE MARTINEZ, who rode ANNITASHEAVEN in the seventh race at Santa Anita Park on February 16, 2019, is suspended for THREE (3) racing days (February, 24, 28 and March 1, 2019), for failure to maintain a straight course down the backstretch and causing interference. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rule – careless riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.
Name: VALENTIN ARELLANES Ruling Date: 2/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-89 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Valentin Arellanes; having been duly notified and failed to appear or respond on February 16, 2019, so the hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board Of Stewards on February 17, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drug, Triamcinolone (class 4C-Major penalty) found in test sample E290724 taken from the 1st place finisherWonderboy” following the 3rd race, on November 3, 2018, at Zia Park Race Track.

The original lab report indicated a finding of Triamcinolone at 183 +/-15 pg/ml in the blood, the allowable limit for Triamcinolone is 100 pg/ml in the blood (15.2.6.9 B (4) NMAC:. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer.

Marcus S. Quintero is the owner of record for horse “Wonderboy

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

    1. A ($1,000) One thousand dollar fine to paid on or before March 19, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

Name: OSCAR CARRETE Ruling Date: 2/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-90 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 2/20/2019 Suspension End: 3/6/2019
Ruling Text: Trainer: Oscar V. Carrete; having been duly notified and appeared before the Board Of Stewards on February 17, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Methylprednisolone (class 4C-Major penalty) found in test sample E291381 taken from the 2nd place finisherWonderboy” following the 3rd race, on December 28, 2018, at Sunland Park Race Track.

The original lab report indicated a finding of Methylprednisolone at 292 +/- 21 pg/ml in the blood, the allowable limit for Methylprednisolone is 100 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and declined. Alfonso C. Rodriquez is the owner of record for horse “Wonderboy

For Oscar V. Carrete’s Second Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows:

    1. A ($1,500) One thousand five hundred dollar fine to paid on or before March 19, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
2. A 15 day suspension of all NMRC licenses starting February 20, 2019, through March 6, 2019, inclusive.

During said time of applicable suspension Oscar V. 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). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Oscar V. Carrete. 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(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations.

Name: ALFONSO C RODRIGUEZ Ruling Date: 2/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-91 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner, Alfonso C. Rodriguez, was duly notified and failed to appear before the Board of Stewards, on February 17, 2019. The hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d), before the Board of Stewards in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the therapeutic (class 4 penalty C Major) drug Methylprednisolone detected in the blood of horse “Wonderboy” (Test Sample #: E291381), who finished second in the 3rd race on December 28, 2018, at Sunland Park Racetrack.

The original lab report indicated a finding of Methylprednisolone at 292 ± 21 pg/ml in the blood, which exceeds the authorized medication limit of 100 pg/ml in the blood (15.2.6.9 Attachment 2, Page 3).

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

Oscar Carrete is the trainer of record for horse, Wonderboy.

For Alfonso C. Rodriguez FIRST Class 4 Category C MAJOR medication violation in a 365-day period, 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, the Board of Steward assess a penalty of :

    1. The horse “Wonderboy” must pass a commission approved veterinary examination before being eligible to enter.

2. The horse “Wonderboy” is hereby disqualified from Second Place and ordered unplaced from the 3rd race on December 28, 2018 at Sunland Park, for all but pari-mutuel wagering. The purse redistribution is as follows.

        1. Blazin Prize Doc
        2. Tempting Dancer
        3. Ultimate Return
        4. Special Corona Stel
        5. Borger Boy
        6. Tellers Miss Okie
        7. Magic Lil Jesse
        8. Jess Bordeaux

Unplaced Wonderboy

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.6.9(C)(1) : Prima Facie Evidence /16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS 15.2.6.9 (A): 15.2.3.8 B(1) (3)(a)(f)(g)(j) Stewards Disciplinary Action/16.47.1.8 (T) KNOWLEDGE OF RULES Redistribution of Prizes/ 15.2.5.13(E)(4)(d) NMAC 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.”

Name: THOMAS W GONZALES Ruling Date: 2/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-92 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer/Owner: Thomas W. Gonzales was duly notified, appeared and had his hearing, before the Board of Stewards on February 17, 2019. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the (class 4 penalty C Major) drug “Dexamethasone” in horse “ J Boy A” (Test Sample #: E291337) who finished 1st in the 3rd race on December 18, 2018, at Zia Park Racetrack.

The certificate of analysis detected “Dexamethasone” at a level of 158 +/- 2 pg/ml in the blood, which exceeds the authorized limit of 5 pg/ml. (15.2.6.9 NMAC attachment #4). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer.

Thomas W. Gonzales, is also the owner of record for the horse “J Boy A”.

For Thomas W. Gonzales’s FIRST Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty in accordance with 15.2.6.9 (B)(4) Penalty Recommendations, as follows:

        1. A ($1000) One Thousand dollar fine to paid on or before March 19, 2019. In accordance with 15.2.3.8 (B)(4)(l) NNRC, failure to pay the fine in the prescribed time will result in an immediate suspension.
        2. In accordance with 15.2.5.13(E)(4)(d) Purse Redistribution, the horse “J Boy A” is hereby disqualified from 1st place and ordered unplaced from the 3rd race on December 18, 2018, at the Zia Park Racetrack for all but pari-mutuel wagering. The purse redistribution is as follows.

                    1. Executive Trust
                    2. Zoomin Racer
                    3. Magestic Eagle
                    4. War Khal
                    5. JM Heza Bad Boy
                    6. Tang
7) Valiant Bruja Unplaced “J Boy A”

Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations 15.2.1.9(B)(9)(b): 15.2.5.13(E)(4)(d) Purse Redistribution

Name: MARCUS SIMON QUINTERO Ruling Date: 2/17/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-93 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner: Marcus S. Quintero; having been duly notified and failed to appear or respond on February 16, 2019, so the hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board Of Stewards on February 17, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drug, Triamcinolone (class 4C-Major penalty) found in test sample E290724 taken from the 1st place finisherWonderboy” following the 3rd race, on November 3, 2018, at Zia Park Race Track.

The original lab report indicated a finding of Triamcinolone at 183 +/-15 pg/ml in the blood, the allowable limit for Triamcinolone is 100 pg/ml in the blood (15.2.6.9 B (4) NMAC) Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer.

Valentin Arellanes is the trainer of record for horse “Wonderboy

For Marcus S. Quintero FIRST Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows:

        1. The horse “Wonderboy” must pass a commission approved veterinary examination before being eligible to enter.

2. The horse “Wonderboy” is hereby disqualified from First Place and ordered unplaced from the 3rd race on November 3, 2018 at Sunland Park, for all but pari-mutuel wagering. The purse redistribution is as follows.

        1. Jess Dashn
        2. Lady Version
        3. Pursuit of Duty
        4. Baebaeskid
        5. Gimmie a Reason
        6. Beer Hunter
        7. Seemerock
        8. The Little Bit
        9. Es Hearts Delight
Unplaced Wonderboy

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.6.9(C)(1) : Prima Facie Evidence /16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS 15.2.6.9 (A): 15.2.3.8 B(1) (3)(a)(f)(g)(j) Stewards Disciplinary Action/16.47.1.8 (T) KNOWLEDGE OF RULES Redistribution of Prizes/ 15.2.5.13(E)(4)(d) NMAC 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.”

Name: TIMOTHY M COLLINS Ruling Date: 2/16/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-11 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: On February 15, 2019, the Board of Stewards offered a hearing to Owner/Trainer, Timothy M. Collins Permit #16692, DOB 4/25/1963 to which he waived his right to a hearing regarding a medication violation pertaining to his horse “Gab’s Lil Leaguer” who finished first (1st) in the second (2nd) race on Wednesday, November 21, 2018. The Stewards hereby find the following: The official blood sample #288384, taken on 11/21/18 was reported by Industrial Laboratories, the official testing laboratory, to contain Dexamethasone which is a Class 4 drug, with a C Penalty, designation. The permissible threshold for Dexamethasone is 5 picograms per milliliter of plasma or serum. Sample #288384 contained 26.8 +/-2.9 pg/ml of the drug, which is above the permissible threshold for this drug. The sample was taken from the Nine (9) horse, “Gab’s Lil Leaguer”, which ran in the 2nd Race on 11/21/18, finishing first. Mr. Collins elected to have a split sample tested. The split sample #288384 was sent to Texas A&M Veterinary Medical Diagnostic Laboratory in College Station Texas. The findings at Texas A&M confirmed the testing at Industrial Laboratories. Sample #288384 was subjected to instrumental analysis for the presence of Dexamethasone. Dexamethasone was found at a concentration of 17 +/- 3 picograms per milliliter. Pursuant to 178 W. Va. C.S.R. 1, section 24.11.o, The Stewards are authorized to take disciplinary action against a permit holder for violating any provision of the Thoroughbred Racing Rule. Pursuant to section 51.1.a, of the Thoroughbred Racing Rule, 178 W.Va.C.S.R.1: “The trainer is the absolute insurer of and responsible for the condition of the horses he or she enters in an official workout or a race, regardless of the acts of third parties. If testing or analysis of urine, blood or other bodily substances or tissues prove positive showing the presence of any prohibited drug, medication or substance, the trainer of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined. In addition, the owner of the horse, the foreman in charge of the horse, the groom, and any other person shown to have had the care, attendance of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined.” Pursuant to 178 W. Va. C.S.R. 1, section 49.4.a.2., a finding by a Racing Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse, and in the case of a post-race test, was present in the horse’s body while it was participating. Prohibited substances included controlled therapeutic medications in excess of established threshold concentrations as set forth in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2., contained in Table 178-1 F of the Thoroughbred Racing Rule. Pursuant to 178 W. Va. C.S.R. 1, Table 178-1 F, the post-race threshold for Dexamethasone is 5 picograms per milliliter of plasma or serum. Because the amount of Dexamethasone in “Gab’s Lil Leaguer” exceeded the acceptable threshold set forth in Table 178-1 F, Mr. Collins may be held responsible and his occupational permit disciplined pursuant to 178 W. Va. C.S.R. 1, sections 49.4.a.2. and 51.1.a. The Dexamethasone positive in “Gab’s Lil Leaguer” is Mr. Collins’ First Offense in this category for a medication/substance violation in a 365 day period. The permit holder has accumulated 2 points under the multiple medication violation point system as a result of this issuance. Mr. Collins is assessed ½ point for this Dexamethasone medication/substance violation pursuant to section 49.3.m. of 178 of W.Va.C.S.R.1. The Stewards determine the appropriate penalty for the underlying offense on a case by case basis by considering mitigating and aggravating factors. The following is an analysis of the factors set forth in section 49.1 of the Thoroughbred Racing Rule:
  1. (Mitigating) The Permit holder’s past record: The permit holder has no violations in this class category in the last 365 days
  2. (Mitigating) The potential of the drug to influence the horse’s racing performance: Pursuant to 178 W. Va. C.S.R. 1, section 49.2.d, Class 4 drugs may influence performance, but generally have a more limited ability to do so. This is a mitigating factor although it is always of concern to the Stewards when a horse tests in excess of a threshold set forth in the Thoroughbred Racing Rule inasmuch as such thresholds are designed to ensure that horses aren’t racing under the effects of the medication, to allow a state veterinarian conducting a pre-race examination to have as clean a look at the horse as is possible to make sure that the horse does not have some condition that would cause it to harm itself if it races, and to ensure the integrity of racing so that horse’s aren’t racing under the effect of a medication that could affect performance.
  3. (Mitigating) The legal availability of the drug: Dexamethasone is legally available.
  4. Whether there is reason to believe the permit holder knew of the administration of the drug or intentional administered the drug: Inasmuch as there was no hearing in this matter it was not established whether or not the permit holder knew of the administration of the drug, or the circumstances under which the drug may have been given. Therefore this factor is not considered in weighing the penalty in this case.
  5. The steps taken by the trainer to safeguard the horse: Inasmuch as there was no hearing in this case it is unknown what efforts the trainer made to ensure that the treatment of the horse with Dexamethasone was done within the withdrawal guidelines and dosing specifications set forth in 178 W. Va. C.S.R. 1, Table 178-1 F, so as to avoid a positive. Therefore this factor is not considered in weighing the penalty in this case.
  6. The probability of environmental contamination exposure due to human use: This factor is not applicable to this case.
  7. The purse of the race: The races in question was a $5000 claiming race with a $10,000 purse. The Stewards place no weight, either aggravating or mitigating, based upon the purse in this case.
  8. Whether the drug found was one for which the horse was receiving as a treatment as documented by the treating veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated by a veterinarian with Dexamethasone therefore, this factor is not considered in weighing the penalty in this case.
  9. Whether there was any suspicious betting pattern in the race: There is no evidence of a suspicious betting pattern in this case and therefore, this factor is not considered in weighing the penalty in this case.
  10. Whether the trainer was acting under the advice of a veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated with Dexamethasone by a veterinarian. Therefore, this factor is not considered in weighing the penalty in this case.

Based on the above, the Stewards hereby impose the following penalty for the underlying offense: Mr. Collins horse “Gab’s Lil Leaguer” will be disqualified from all purse money and Mr. Collins will have a total of ½ points on his record. The Dexamethasone positive, being the first medication violation in this class category in 365 day. Mr. Collins is fined $1000 dollars. The horse “Gab’s Lil Leaguer” is disqualified from all purse money; Re-Distribution is as follows. 1. #5 Miss Franluda 2. #8 Denise of Cork 3. #10 Printscess Hunt 4. #2 Rapid Rabbit 5. #4 Paris Mountain 6. #3 Indigo Sky

All fines imposed by the Stewards shall be paid to the Racing Commission within Seven (7) days after the ruling is issued, unless otherwise ordered by the Stewards, Per West Virginia Rule of Racing Number 178-1-8.5.n. You have the right to appeal this Ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 Days of your receipt of this Ruling and must include a security fee in the amount of $500.00. Dated: February 16, 2019

Name: Chantal Sutherland Ruling Date: 2/16/2019
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 23300 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/25/2019 Suspension End: 3/3/2019
Ruling Text: Suspended for seven calendar days February 25, 2019 through March 3, 2019 inclusive, for careless riding, while aboard A Song For Arch during the running of race 8, February 14, 2019, at Fair Grounds Race Course, resulting in the disqualification of her mount from second to eighth place. Allowed to ride in designated races. Participation in such race/s extends suspension a like number days.
Name: RAUL E ROMERO GUTIERREZ Ruling Date: 2/15/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-84 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Applicant Raul Romero Gutierrez having applied for a groom’s license on February 1, 2019, is herby denied having failed the mandatory drug test by testing positive for Amphetamine and Methamphetamine.

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

Name: REYES MANUEL GOMEZ Ruling Date: 2/15/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-85 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/22/2019 Suspension End: 2/28/2019
Ruling Text: Jockey, Reyes Gomez, having been summoned and having appeared before the Board of Stewards on February 15, 2019 for careless riding during the running of the 5th race on February 12, 2019, at Sunland Park Racetrack while aboard “Between the Buoys”. (Bore in sharply after the start impeding number 1 causing him to veer in and take up sharply.)

For this violation, the Board of Stewards assessed Reyes Gomez a suspension of 7 calendar days (February 22, 2019 thru February 28, 2019). Reyes Gomez is allowed to ride designated races.

Licensee is found in violation of and written in accordance with: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(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. 15.2.5.13(E)(4)(a) NMAC Disqualification. When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horse as in their judgment it interfered with, or they may place it last 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: ALFREDO SIGALA Ruling Date: 2/15/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-86 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/23/2019 Suspension End: 3/1/2019
Ruling Text: Jockey Alfredo Sigala, having been summoned and having failed to appear or send a representative before the Board of Stewards on February 15, 2019 for careless riding during the running of the 3rd race on February 15, 2019, at Sunland Park Racetrack while aboard “Sky Harbor”. (Bore in sharply after the start impeding number 4 causing him to check sharply.)

For this violation, the Board of Stewards assessed Alfredo Sigala a suspension of 7 calendar days (February 23, 2019 thru March 1, 2019). Alfredo Sigala is allowed to ride designated races.

Licensee is found in violation of and written in accordance with: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(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. 15.2.5.13(E)(4)(a) NMAC Disqualification. When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horse as in their judgment it interfered with, or they may place it last 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: DARRELL E BROWN Ruling Date: 2/15/2019
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #19-0014 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: Darrell E. Brown (D.O.B. 1/2/1972)

Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, sample number E300811 taken from RAGAZZA VELOCE, who finished third in the first race at Turfway Park on January 24, 2019 contained dexamethasone at a level of 25.1+/-2.2 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. RAGAZZA VELOCE 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 (2), subsection (3) 810 KAR 1:028, Section 4, subsection (3)(a)(b)

BY ORDER OF THE STEWARDS

Name: DARRELL E BROWN Ruling Date: 2/15/2019
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #19-0015 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: Darrell E. Brown (D.O.B. 1/2/1972)

Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, sample number E300811 taken from RAGAZZA VELOCE, who finished third in the first race at Turfway Park on January 24, 2019 contained dexamethasone at a level of 25.1+/-2.2 pg/ml in blood (Class C drug). After waiving your right to a formal hearing before the Board of Stewards RAGAZZA VELOCE 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 # 7 LAKE GIRL 2nd # 4 VORTICES 3rd # 3 TOAST THE BULLDOGS 4th # 1 NARROWS BRIDGE 5th # 9 JESSICA GLITTERS 6th # 8 CHINACATSUNFLOWER 7th # 5 PARIS OF FRANCIA

Disqualified # 6 RAGAZZA VELOCE

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: JC DIAZ Ruling Date: 2/14/2019
Jurisdiction: California Horse Racing Board Facility: Santa Anita Park
Ruling Number: 2019-SA-42 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/22/2019 Suspension End: 2/24/2019
Ruling Text:
Apprentice Jockey J.C. DIAZ, JR., who rode SWIRLING in the fifth race at Santa Anita Park on February 10, 2019, is suspended for THREE (3) racing days (February 22, 23 and 24, 2019) for failure to maintain a straight course in the stretch and causing interference. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rule – careless riding).

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

Name: Gerlach Freya Ruling Date: 2/14/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-10 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: Owner, Freya Gerlach, Permit #23590; DOB 4/19/1984, license has been rescinded having been issued in error. 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 Dated: February 14, 2019
Name: SARA KOPECKI Ruling Date: 2/13/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-9 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer, Sara Kopecki Permit #22597 On February 9, 2019, the Board of Stewards offered a hearing to Owner/Trainer, Sara Kopecki, Permit #22597, DOB 11/24/1950 to which she waived her right to a hearing regarding a medication violation pertaining to her horse “Global Coffee” who finished sixth (6th) in the fifth (5th) race on Friday, January 18, 2019. The Stewards hereby find the following: The official blood sample #288738, taken on 1/18/19 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 plasma or serum. Sample #288738 contained 2.97 +/-0.16 ng/ml of the drug, which is above the permissible threshold for this drug. The sample was taken from the Four (4) horse, “Global Coffee”, which ran in the 5th Race on 1/18/19, finishing sixth. Ms. Kopecki elected not to have a split sample tested. Pursuant to 178 W. Va. C.S.R. 1, section 24.11.o, The Stewards are authorized to take disciplinary action against a permit holder for violating any provision of the Thoroughbred Racing Rule. Pursuant to section 51.1.a, of the Thoroughbred Racing Rule, 178 W.Va.C.S.R.1: “The trainer is the absolute insurer of and responsible for the condition of the horses he or she enters in an official workout or a race, regardless of the acts of third parties. If testing or analysis of urine, blood or other bodily substances or tissues prove positive showing the presence of any prohibited drug, medication or substance, the trainer of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined. In addition, the owner of the horse, the foreman in charge of the horse, the groom, and any other person shown to have had the care, attendance of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined.” Pursuant to 178 W. Va. C.S.R. 1, section 49.4.a.2., a finding by a Racing Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse, and in the case of a post-race test, was present in the horse’s body while it was participating. Prohibited substances included controlled therapeutic medications in excess of established threshold concentrations as set forth in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2., contained in Table 178-1 F of the Thoroughbred Racing Rule Pursuant to 178 W. Va. C.S.R. 1, Table 178-1 F, the post-race threshold for Methocarbamol is 1 ng/ml in plasma or serum. Because the amount of Methocarbamol in “Global Coffee” exceeded the acceptable threshold set forth in Table 178-1 F, Ms. Kopecki may be held responsible and her occupational permit disciplined pursuant to 178 W. Va. C.S.R. 1, sections 49.4.a.2. and 51.1.a. The Methocarbamol positive in “Global Coffee” is Ms. Kopecki’s 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 this issuance. Ms. Kopecki 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. The Stewards determine the appropriate penalty for the underlying offense on a case by case basis by considering mitigating and aggravating factors. The following is an analysis of the factors set forth in section 49.1 of the Thoroughbred Racing Rule:
  1. (Mitigating) The Permit holder’s past record: The permit holder has no violations in the last 365 days
  2. (Mitigating) The potential of the drug to influence the horse’s racing performance: Pursuant to 178 W. Va. C.S.R. 1, section 49.2.d, Class 4 drugs may influence performance, but generally have a more limited ability to do so. This is a mitigating factor although it is always of concern to the Stewards when a horse tests in excess of a threshold set forth in the Thoroughbred Racing Rule inasmuch as such thresholds are designed to ensure that horses aren’t racing under the effects of the medication, to allow a state veterinarian conducting a pre-race examination to have as clean a look at the horse as is possible to make sure that the horse does not have some condition that would cause it to harm itself if it races, and to ensure the integrity of racing so that horse’s aren’t racing under the effect of a medication that could affect performance.
  3. (Mitigating) The legal availability of the drug: Methocarbamol is legally available.
  4. Whether there is reason to believe the permit holder knew of the administration of the drug or intentional administered the drug: Inasmuch as there was no hearing in this matter it was not established whether or not the permit holder knew of the administration of the drug, or the circumstances under which the drug may have been given. Therefore this factor is not considered in weighing the penalty in this case.
  5. The steps taken by the trainer to safeguard the horse: Inasmuch as there was no hearing in this case it is unknown what efforts the trainer made to ensure that the treatment of the horse with Methocarbamol was done within the withdrawal guidelines and dosing specifications set forth in 178 W. Va. C.S.R. 1, Table 178-1 F, so as to avoid a positive. Therefore this factor is not considered in weighing the penalty in this case.
  6. The probability of environmental contamination exposure due to human use: This factor is not applicable to this case.
  7. The purse of the race: The races in question was a Maiden race with a $23,000 purse. The Stewards place no weight, either aggravating or mitigating, based upon the purse in this case.
  8. Whether the drug found was one for which the horse was receiving as a treatment as documented by the treating veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated by a veterinarian with Methocarbamol. Therefore, this factor is not considered in weighing the penalty in this case.
  9. Whether there was any suspicious betting pattern in the race: There is no evidence of a suspicious betting pattern in this case and therefore, this factor is not considered in weighing the penalty in this case.
  10. Whether the trainer was acting under the advice of a veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated with Methocarbamol by a veterinarian. Therefore, this factor is not considered in weighing the penalty in this case.

Based on the above, the Stewards hereby impose the following penalty for the underlying offense: Ms. Kopecki’s horse “Global Coffee” will be disqualified from all purse money and Ms. Kopecki will have a total of ½ points on her record. With the Methocarbamol positive being the first medication violation in 365 day. Ms. Kopecki is fined $1000 dollars. The horse “Global Coffee” is disqualified from all purse money; Re-Distribution is as following. 1. #2 Gorgeous Road 2. #1 Doridori 3. #7 Gattalottacharm 4. #5 Quincys Way 5. #6 Uaintseenmecrazyyet 6. #3 My Exotic Lady

All fines imposed by the Stewards shall be paid to the Racing Commission within Seven (7) days after the ruling is issued, unless otherwise ordered by the Stewards, Per West Virginia Rule of Racing Number 178-1-8.5.n. You have the right to appeal this Ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 Days of your receipt of this Ruling and must include a security fee in the amount of $500.00 Dated: February 13, 2019

Name: JOSEPH MICHAEL DAVIS Ruling Date: 2/12/2019
Jurisdiction: Louisiana Racing Commission Facility: Louisiana Downs
Ruling Number: 23297 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/20/2019 Suspension End: 4/20/2019
Ruling Text: Albuterol was reported, by the Equine Medical Surveillance Laboratory of the Louisiana State University, at 4.214ng/ml in the post-race urine of sample ED42814 taken from “Royal Renegade”, winner of race nine, December 5, 2018, at Evangeline Downs. Trainer Joseph M. Davis waived his right to have the split portion of this sample tested. The stewards concluded that sampled ED42814 contained Albuterol above the permitted level and this isl an ARCI category III drug violation. Trainer Joseph M. Davis is hereby suspended 60 days February 20, 2019, through April 20, 2019 and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission. “Royal Renegade “is disqualified and declared unplaced and the purse ordered redistributed.
Name: BERTHA S IRIGOYEN Ruling Date: 2/10/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-80 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner, Bertha S. Irigoyen, was duly notified and appeared before the Board of Stewards, on February 9, 2019. The hearing was in regards to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the therapeutic (class 4 penalty C Major) drug Methylprednisolone detected in the blood of horse “Jess a Satin Flash” (Test Sample #: E290913), who finished FIRST place in the 2nd race on November 17, 2018, at Zia Park Racetrack.

The original lab report indicated a finding of Methylprednisolone at 276 ± 21 pg/ml in the blood, which exceeds the authorized medication limit of 100 pg/ml in the blood (15.2.6.9 Attachment 2, Page 3).

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

Rene Saucedo is the trainer of record for horse, Jess a Satin Flash.

For Bertha S. Irigoyen’s FIRST Class 4 Category C MAJOR medication violation in a 365-day period, 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, the Board of Steward assess a penalty of :

    1. The horse “Jess a Satin Flash” must pass a commission approved veterinary examination before being eligible to enter.

2. The horse “Jess a Satin Flash” is hereby disqualified from FIRST PLACE and ordered unplaced from the 2nd race on November 17, 2018 at Zia Park, for all but pari-mutuel wagering. The purse redistribution is as follows.

                1. Lady Version
                2. Ur a Nutrias Fury
                3. Sir Diamond Dash
                4. Quick Pik
                5. Faster Version
                6. First Moon Fire
                7. Taleas Pride
                8. Heza Winning Version
Unplaced “Jess a Satin Flash"

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.6.9(C)(1) : Prima Facie Evidence /16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS 15.2.6.11(A): 15.2.3.8 B(1) (3)(a)(f)(g)(j) Stewards Disciplinary Action/16.47.1.8 (T) KNOWLEDGE OF RULES Redistribution of Prizes/ 15.2.5.13(E)(4)(d) NMAC 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.”

Name: RENE SAUCEDO Ruling Date: 2/9/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-79 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Rene Saucedo; having been duly notified and appeared before the Board Of Stewards on February 9, 2019, in regard to a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Methylprednisolone (class 4C-Major penalty) found in test sample E290913 taken from the 1st place finisherJess a Satin Flash” following the 2nd race, on November 17, 2018, at Zia Park Race Track.

The original lab report indicated a finding of Methylprednisolone at 276 +/- 21 pg/ml in the blood, the allowable limit for Methylprednisolone is 100 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by trainer.

Bertha Irigoyen is the owner of record for horse “Jess a Satin Flash

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

    1. A ($1,000) One Thousand dollar fine to paid on or before March 10, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

Name: Andre J. Colson Ruling Date: 2/9/2019
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 23294 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/9/2019 Suspension End:
Ruling Text: Unlicensed person Andre Colson is hereby Ineligible for licensure and denied access to all facilities under the jurisdiction of the Louisiana State Racing Commission pending his appearance before the Fair Grounds Board of Stewards to address a complaint concerning his alleged involvement in removing horses from the Fair Grounds Race Course and transporting them to live stock sales barns involved in horse slaughter.
Name: HAROLD 'GORDON' EMPEY Ruling Date: 2/9/2019
Jurisdiction: California Horse Racing Board Facility: Cal Cap Trotting Assn. at Cal Expo
Ruling Number: 2019-CTE-09 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Harness Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: In the Matter of: Trainer Harold Gordon Empey Trainer Gordon Empey is hereby fined the sum of Five Hundred Dollars ($500.00)* for violation of California Horse Racing board rules #1843(a) (d) (Medication, Drugs and Other Substances) #`1843.1(b) (Prohibited Drug Substances), #1844 (8)(9) Authorized Medications (Excess of Specified Level) and #1887(a) Trainer to Ensure Condition of the Horse.
Name: LUIS ALPHONSO JURADO Ruling Date: 2/9/2019
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #19-0012 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: Luis A. Jurado (D.O.B. 3/14/1974)

Upon receipt of notification from the LGC Science, Inc. Laboratory, the official chemist for the Kentucky Horse Racing Commission, and confirmed at UIC Analytical Forensic Testing Laboratory, sample number 00112972 taken from ANGASTON in the sixth race at Turfway Park on March 31, 2018 tested positive for dextromethamphetamine in blood (Class A). After a formal hearing before the Board of Stewards, it is determined that the presence of dextromethamphetamine in the blood sample is cause to disqualify ANGASTON and order all purse money forfeited. After review of all testimony and investigative evidence presented at the hearing, and considering all mitigating and aggravating circumstances, there is no further penalty to the owner or trainer warranted. Pari-mutuel wagering is not affected by this ruling.

810 KAR 1:004 Section 3, subsection (4) 810 KAR 1:004 Section 4, subsection (1) 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 2, subsection (3) 810 KAR 1:028 Section 4, subsection 1(b)

BY ORDER OF THE STEWARDS

Name: JAMES J JANKIEWICZ Ruling Date: 2/9/2019
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #19-0013 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: James Jankiewicz (D.O.B. 6/23/1965) Upon receipt of notification from the LGC Science, Inc. Laboratory, the official chemist for the Kentucky Horse Racing Commission, and confirmed at UIC Analytical Forensic Testing Laboratory, sample number 00112972 taken from ANGASTON in the sixth race at Turfway Park on March 31, 2018 tested positive for dextromethamphetamine in blood (Class A). After a formal hearing before the Board of Stewards, ANGASTON 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 # 8 HEMP HEMP HURRAY 2nd # 6 O’MALLEY’S MARCH 3rd # 7 CEDUNA 4th # 9 BATTERBATTERSWING 5th # 4 SMOKIN HOT MOMMA

Disqualified # 5 ANGASTON

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) 0810 KAR 1:028 Section 4, subsection 1(b)

BY ORDER OF THE STEWARDS

Name: JOHN A CASEY Ruling Date: 2/8/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-8 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, Ramon Maldonado Permit; #19835, DOB 2/2/1971 is hereby fined $500.00 (FIVE HUNDRED DOLLARS), for violation of Rule of Racing, Number 178-1-45.7.c.1, which reads: “When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede or intimidate any other horse, it is a foul.” Jockey Ramon Maldonado let his mount “Windsor Legend” drift inward while not clear and caused interference to “Gone Camping” down the backside causing a chain reaction in the Sixth Race, February 6, 2019. Jockey Maldonado’s mount “Windsor Legend” was disqualified from Second (2nd) and placed Sixth (6th). All fines imposed by the Stewards shall be paid to the Racing Commission within Seven (7) days after the ruling is issued, unless otherwise ordered by the Stewards, Per West Virginia Rule of Racing Number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five-Hundred ($500.00) Dollars
Name: JOHN A CASEY Ruling Date: 2/7/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-7 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: On February 6, 2019 the Board of Stewards spoke to Owner/Trainer, John A. Casey about findings reported by Industrial Laboratories regarding blood sample #288746 taken on 1/23/2019. The Stewards hereby find the following: The official blood sample #288746 taken on 1/23/19 was reported by Industrial Laboratories, the official testing laboratory, to contain Phenylbutazone, which is a Class 4 drug, with a C Penalty, designation. The permissible threshold for Phenylbutazone, is < 2.0 mcg/ml. Sample #288746 contained 2.59 +/- .39 ug/ml of the drug, which is above the permissible threshold for this drug. The sample was taken from the two (2) horse, “Cameron Street”, which ran in the 3rd Race on 1/23/19, finishing First. Pursuant to 178 W. Va. C.S.R. 1, section 24.11.o. the Stewards are authorized to take disciplinary action against a permit holder for violating any provision of the Thoroughbred Racing Rule. Pursuant to section 51.1.a, of the Thoroughbred Racing Rule, 178 W.Va.C.S.R.1: “The trainer is the absolute insurer of and responsible for the condition of the horses he or she enters in an official workout or a race, regardless of the acts of third parties. If testing or analysis of urine, blood or other bodily substances or tissues prove positive showing the presence of any prohibited drug, medication or substance, the trainer of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined. In addition, the owner of the horse, the foreman in charge of the horse, the groom, and any other person shown to have had the care or attendance of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined.” Pursuant to 178 W. Va. C.S.R. 1, section 49.4.a.2., a finding by a Racing Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse, and in the case of a post-race test, was present in the horse’s body while it was participating. Prohibited substances included controlled therapeutic medications in excess of established threshold concentrations as set forth in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2., contained in Table 178-1 F of the Thoroughbred Racing Rule. Pursuant to 178 W. Va. C.S.R. 1, Table 178-1 F, the post-race threshold for Phenylbutazone, is < 2.0 mcg/ml. of plasma or serum. Because the amount of Phenylbutazone found in “Cameron Street” exceeded the acceptable threshold set forth in Table 178-1 F, Mr. Casey may be held responsible and his or her occupational permit disciplined pursuant to 178 W. Va. C.S.R. 1, sections 49.4.a.2. and 51.1.a. The Phenylbutazone, positive in “Cameron Street” is Mr. Casey’s Second Offense for a medication/substance violation carrying a Category C penalty in a 365 day period. 1. (Mitigating) The Permit holders past record: The permit holder’s past record indicates this is his Second Category C offense in the past 365 days. Therefore, the permit holder’s past record is a mitigating factor. 2. (Mitigating) The potential of the drug to influence the horse’s racing performance: Pursuant to 178 W. Va. C.S.R. 1, section 49.2.d. Class 4 drugs may influence performance, but generally have a more limited ability to do so. This is a mitigating factor although it is always of concern to the Stewards when a horse tests in excess of a threshold set forth in the Thoroughbred Racing Rule inasmuch as such thresholds are designed to ensure that horses aren’t racing under the effects of the medication, to allow a state veterinarian conducting a pre-race examination to have as clean a look at the horse as is possible to make sure that the horse does not have some condition that would cause it to harm itself if it races, and to ensure the integrity of racing so that horses aren’t racing under the effect of a medication that could affect performance. 3. (Mitigating) The legal availability of the drug: Phenylbutazone, is legally available. 4. Whether there is reason to believe the permit holder knew of the administration of the drug or intentional administered the drug: Inasmuch as there was no hearing in this matter it was not established whether or not the permit holder knew of the administration of the drug, nor the circumstances under which the drug may have been given. Therefore this factor is not considered in weighing the penalty in this case. 5. The steps taken by the trainer to safeguard the horse: Inasmuch as there was no hearing in this case it is unknown what efforts the trainer made to ensure that the treatment of the horse with Phenylbutazone was done within the withdrawal guidelines and dosing specifications set forth in 178 W. Va. C.S.R. 1, Table 178-1 F, so as to avoid a positive. Therefore this factor is not considered in weighing the penalty in this case. 6. The probability of environmental contamination exposure due to human use: This factor is not applicable to this case. 7. The purse of the race: The race in question was an Allowance race with a $24,500 purse. The Stewards place no weight, either aggravating or mitigating, based upon the purse in this case. 8. Whether the drug found was one for which the horse was receiving a treatment as documented by the treating veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated by a veterinarian with Phenylbutazone. Therefore, this factor is not considered in weighing the penalty in this case. 9. Whether there was any suspicious betting pattern in the race: There is no evidence of a suspicious betting pattern in this case and therefore, this factor is not considered in weighing the penalty in this case. 10. Whether the trainer was acting under the advice of a veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission: Inasmuch as there was no hearing in this matter it was not established whether or not the horse was being treated with Phenylbutazone, by a veterinarian. Therefore, this factor is not considered in weighing the penalty in this case.

Based on the above, the Stewards hereby impose the following penalty for the underlying offense: Mr. Casey will be fined ($500) Five hundred dollars with no disqualification of purse, no suspension, or points. The fine imposed in this ruling shall be paid to the Racing Commission within seven (7) days after the ruling is issued 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: Sergio Barcelo Cruz Ruling Date: 2/6/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP099 Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 2/17/2019 Suspension End: 8/15/2019
Ruling Text: Having been properly notified for a hearing and having failed to appear, Owner Sergio Barcelo Cruz (ADG #24147) is hereby fined TWO HUNDRED DOLLARS ($200.00) plus 5% Race Horse Adoption surcharge for a total of TWO HUNDRED AND TEN DOLLARS ($210.00), for falsification of your license by failing to disclose his criminal record.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by February 16, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning February 17, 2019 through and inclusive of August 16, 2019, 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(B)(C); A.A.C. R-19-2-121(E); A.R.S. 5-104(B); A.R.S. 5-108(A);

Name: Sergio Barcelo Cruz Ruling Date: 2/19/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP099-FTC Ruling Type: Falsification of License Application
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: 2/17/2019 Suspension End: 8/15/2019
Ruling Text: RE: 18-19TP099 - Failure to Comply - failed to pay fine.
Name: JULIO GARCIA Ruling Date: 2/6/2019
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #19-0011 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Jockey: Julio A. Garcia (D.O.B. 9/15/1962)

After waiving your right to a hearing before the Board of Stewards you are hereby fined THREE HUNDRED ($300.00) DOLLARS for failure to fulfill your riding engagements in the first race at Turfway Park on January 24, 2019 and in the third and eighth races on January 26, 2019. 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 10

By Order of the Stewards

Name: Adrian Flores Ruling Date: 2/5/2019
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2019-CT-6 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, Adrian Flores Permit; #16403, DOB 12/30/1999 is hereby fined $500.00 (FIVE HUNDRED DOLLARS) for violation of Rule of Racing, Number 178-1-45.7.c.1, which reads: “When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede or intimidate any other horse, it is a foul.” Jockey Adrian Flores let his mount “Decoupage” drift out sharply while not clear and caused interference to “Holy Freedom” entering the clubhouse turn carrying that rival out past the crown of the track, and later in the race failed to maintain a straight course through the stretch bothering “Maybe Wild” in the Fifth Race, February 1, 2019 Jockey Flores’ mount “Decoupage” was disqualified from First (1st) and placed Sixth (6th). All fines imposed by the Stewards shall be paid to the Racing Commission within Seven (7) days after the ruling is issued, unless otherwise ordered by the Stewards, Per West Virginia Rule of Racing Number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five-Hundred ($500.00) Dollars
Name: JESUS J CARRETE Ruling Date: 2/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-74 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Jesus Carrete 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 3, 2018. The hearing was in regard to Jesus Carrete failing to have sufficient works for entry “Mamasito Magic”, which resulted in a scratch from the 2nd race on December 19, 2018 at Zia Park Racetrack.

The Board of Stewards hereby fines Jesus Carrete in the amount of two hundred dollars ($200.00). The fine is to be paid on or before March 6, 2019, in accordance with 15.2.3.8(B)(3)(l). Failure to pay the fine within the time prescribed will result in immediate suspension.

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

15.2.5.11( A) WORKOUT REQUIREMENTS 15.2.5.12 (L) HORSES INELIGABLE 16.47.1.10 (C)(18) TRAINER RESPONSIBILITY

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

Name: MICHAEL ROSSI Ruling Date: 2/4/2019
Jurisdiction: Delaware Harness Racing Commission Facility: Dover Downs
Ruling Number: DD-011-19 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Harness Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Driver Michael Rossi is fined $100.00 for failure to drive when prorammed in Race 7 at Dover Downs on January 30, 2019. DHRC rule: 5.5.9. All fines are to be paid within 10 days of written rule.
Name: SALVADOR RENTERIA SOTO Ruling Date: 2/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-69 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: N
Suspension Start: 2/10/2019 Suspension End: 3/11/2019
Ruling Text: Trainer: Salvador Soto was duly notified and waived his right to a hearing before the Board of Stewards on February 2, 2019. The hearing was in regard to a certificate of analysis from U C Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” at 85 pg/ml which exceeds the authorized limit of 0pg/ml in urine detected in the horse “Chicks A Moneymaker” (Test Sample #: NM30451), who finished in 3rd place in the 10th race on April 14, 2018, at Sunland Park Racetrack.

Daniel A. Ramirez, is the owner of record for horse “Chicks A Moneymaker”, and was duly notified.

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

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

  1. A 30 day suspension of all NMRC licenses starting February 10, 2019, through March 10. 2019, inclusive.
  2. A ($750.00) Seven Hundred Fifty Dollar fine to be paid on or before March 10, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.

Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Chicks A Moneymaker” was placed on the Stewards list for a minimum period of 60 days (beginning May 3, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

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

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

Name: DANIEL ALBERTO RAMIREZ Ruling Date: 2/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-70 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner, Daniel A. Ramirez was duly notified and failed to appear for a hearing before the Board of Stewards on February 3, 2019. The hearing was in regard to a certificate of analysis from U C Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited drug (class 3 penalty B) “clenbuterol” detected in the urine of horse “Chicks a Moneymaker” (Test Sample # NM30451), who finished 3rd place in the 10th race on April 14, 2018, at Sunland Park.

Split sample rights were afforded to and declined by the trainer.

Salvador Soto, the trainer of record for horse “Chicks A Moneymaker”, was duly notified and waived his right to a hearing.

For owner, Daniel A. Ramirez's FIRST Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, as follows:

        1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Chicks a Moneymaker” is placed on the Stewards list for a period of 60 days (beginning May 3, 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. In accordance with 15.2.5.13(E)(4)(d) Purse Redistribution, The horse “Chicks A Moneymaker” is hereby disqualified from Third Place and ordered unplaced from the 10th race on April 14, 2018, at Zia Park, for all but pari-mutuel wagering. The purse redistribution is as follows.
                                1. Flying Eagle
                                2. Arizona Chrome
                                3. Cd Rowdy James
                                4. Em Bodacious Chick
                                5. Cartel Star
                                6. Cds Temptress
                                7. C Breeze
                                8. Strydz
                                9. Pappas Lookin
Unplaced “Chicks a Moneymaker

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/ 15.2.6.9(B)(2)/15.2.1.9(B-7)b Disciplinary action (redistribution) Penalty Recommendations /16.47.1.8 (T) Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/

Name: LLOYD ALLEN LANGE Ruling Date: 2/2/2019
Jurisdiction: Texas Racing Commission Facility: Sam Houston Race Park
Ruling Number: SHRP5231 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Upon being duly notified, Stable Foreman Lloyd Lange waived hearing and was fined one hundred dollars by the Sam Houston Race Park Board of Stewards for being found in possession of alcoholic beverages during a TxRC compliance inspection of his vehicle at the SHRP Stable Gate on 01/25/19.

First violation.

Name: STEVEN CLARK WISEMAN Ruling Date: 2/2/2019
Jurisdiction: California Horse Racing Board Facility: Cal Cap Trotting Assn. at Cal Expo
Ruling Number: 2019-CTE-07 Ruling Type: Misuse of Whip
Breed: Harness Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: In the Matter of: Driver Steve Wiseman Driver Steve Wiseman, who drove #4 “WESTERN DEVIL” in the eighth race on Friday February 1 , 2019, is hereby fined the sum of two hundred ($200.00)* dollars for violation of California Horse Racing Board Rule #1734 (b) (2) (Whipping-allowing the hand holding the whip to reach behind the driver during the use of the whip). Second offense in last sixty (60) days.
Name: EARL KENNEDY Ruling Date: 2/2/2019
Jurisdiction: California Horse Racing Board Facility: Cal Cap Trotting Assn. at Cal Expo
Ruling Number: 2019-CTE-08 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Harness Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 2/13/2019 Suspension End: 3/15/2019
Ruling Text: In the Matter of: Trainer Earl Kennedy Trainer Earl Kennedy, is suspended thirty (30) days and fined one thousand ($1,000.00) dollars for violation of California Horse Racing rule #1890(a)(b) (Possession of Contraband) and #1843 (a)(b)(c) (Medication, Drugs and Other Substances) and #1843.1(b) (Prohibited Drug Substances), #1844(c)(2) (Authorized Medication), #1887 (a) (Trainer to Ensure the Condition of the Horse) #1890(a) ( Possession of Hypodermic Needles). During the term of the suspension, all license privileges of Earl Kennedy are suspended and pursuant to California Horse Racing Board rule #1528 (Jurisdiction of Stewards), subject is denied access to all premises in the jurisdiction. The suspension shall be served from February 13, 2019 through March 15, 2019.
Name: Ry Patrick Eikleberry Ruling Date: 2/1/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-64 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, Ry Eikleberry, having been summoned and appeared before the Board of Stewards on January 29, 2019 for failure to make sufficient effort to control his mount during the running of the 8th race on January 27, 2019, at Sunland Park Racetrack while aboard “Parade of Roses”. (Drifted out under a left handed whip)

For this violation, the Board of Stewards assessed Ry Eikelberry a fine in the amount of $200. The fine is to be paid on or before February 27, 2019 in accordance with 15.2.3.8(B)(3)(l) NMAC. Failure to pay the fine within the time prescribed shall result in immediate suspension.

Licensee is found in violation of and written in accordance with: 15.2.5.13(E)(2)(a) NMAC: Post to Finish Which states in pertinent part that “A jockey shall not ride carelessly or willfully so as to permit his/her mount to interfere with, impede or intimidate any other horse in the race.” 15.2.5.13(E)(3)(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. 15.2.1.9(B)(4)(A) Notice of Hearing for Jockeys 15.2.3.8 B (3)(f) Stewards Disciplinary Action 15.2.3.8 B (3)(A) Stewards Disciplinary Action 15.2.3.8 B (1) (d) Stewards General Authority 16.47.1.8. T. KNOWLEDGE OF RULES: 16.47.1.3 Statutory Authority 16.47.1.8 (A)(1) License Required 16.47.1.8 (A)(2) License Required 16.47.1.8(N) Last Known Address 15.2.1.9(b): Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: Robert H. Kimball Ruling Date: 1/30/2019
Jurisdiction: Louisiana Racing Commission Facility: Delta Downs
Ruling Number: 23277 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: 30 Day open claim license is withdrawn upon expiration effective 1/21/19.
Name: JESSE LEE YOAKUM Ruling Date: 1/30/2019
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3512 Ruling Type: General/Miscellaneous Rulings
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 1/30/2019 Suspension End: 2/14/2019
Ruling Text: Owner - Trainer Jesse Yoakum was duly noticed and waived his right to a formal hearing before the Sam Houston Race Park Board of Stewards and his right to appeal on 1/30/19.

Mr. Yoakum is hereby fined five hundred ($500.00) dollars and suspended for fifteen days (1/30/19 through 2/13/19) because a post - race urine sample, #LS057176, taken from his horse, "Senators Duchess," that won the 5th race at Lone Star Park on 9/28/18 contained the Class 3B substance, Carboxydetomidine @ 5.5 +/- 0.2 ng/ml. First violation in this category within 365 days.

During the term of this suspension, Mr. Yoakum is denied access to all areas under the jurisdiction of the Texas Racing Commission. Horses owned or trained by Mr. Yoakum are denied entry pending sale or transfer to a party approved by a Board of Stewards.

The horse, "Senators Duchess," is hereby disqualified and declared unplaced in the 5th race at Lone Star Park on 9/28/18. The purse is ordered redistributed as follows:

1. (2) Fast Prize Jewel 2. (4) Mighty Valentino 3. (1) Shez Dashn By Trains 4. (5) Texas Rising 5. (3) Famous Exekeilmaster 6. (7) Jls Dashing Sweet 7. (10) Pride of the Cavalry 8. (8) Broncs Cartel 9. (6) Presidente Unplaced: (9) Senators Duchess.

Name: ERIK ALBERTO BARBARAN Ruling Date: 1/28/2019
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2019-MVRC-8 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2019-08
                                                                                                                                
                                                                                                                                                                  Date: January 28, 2019
 
 
 
RULING INVOLVES: Jockey, Erik Barbaran   
                                       License #7217
                                                                                                                           
Jockey, Erik Barbaran, DOB 01/19/1992, SSN XXX-XX-0182, is hereby fined One Hundred ($100.00) Dollars for not handling his business in a proper manner (not blowing into the breathalyzer at the proper time, on Saturday, January 26, 2019). Violation of and as per Rule #3769-2-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10) and Rule #3769-2-05.       
 
 
 
 
Fine has been paid.   
 
 
 
Name: EDGAR EDUARDO ALVAREZ PAYERAS Ruling Date: 1/27/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-28 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY EDGAR PAYERAS IS FINED ONE HUNDRED DOLLARS ($100.00)* FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1872 (FAILURE TO FULFILL JOCKEY AGREEMENT) IN THE FIRST RACE AT LOS ALAMITOS RACE COURSE ON JANUARY 26, 2019.
Name: CHRISTIAN ARAGON Ruling Date: 1/27/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-29 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY CHRISTIAN ARAGON IS FINED ONE HUNDRED DOLLARS ($100.00)* FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1688(b)(6) (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-SECOND OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE FOURTH RACE AT LOS ALAMITOS RACE COURSE ON JANUARY 26, 2019.
Name: ERASMO GASCA Ruling Date: 1/27/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-30 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY ERASMO GASCA IS FINED TWO HUNDRED DOLLARS ($200.00)* FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1688(b)(6) (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-FOURTH OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE SIXTH RACE AT LOS ALAMITOS RACE COURSE ON JANUARY 26, 2019.
Name: OSCAR ANDRADE Ruling Date: 1/27/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-31 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY OSCAR ANDRADE JR. IS FINED ONE HUNDRED DOLLARS ($100.00)* FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1688(b)(6) (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-SECOND OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE SEVENTH RACE AT LOS ALAMITOS RACE COURSE ON JANUARY 26, 2019.
Name: JULIO DE LA TORRE Ruling Date: 1/27/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-32 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY JULIO DE LA TORRE IS FINED ONE HUNDRED DOLLARS ($100.00)* FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1688(b)(6) (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-SECOND OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE SEVENTH RACE AT LOS ALAMITOS RACE COURSE ON JANUARY 26, 2019.
Name: RODOLFO GUADALUPE VALLES Ruling Date: 1/27/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-47 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: Rodolfo Valles; having been duly notified and appeared before the Board Of Stewards on January 26, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty) found in test sample E285416 taken from the 1st place finisherJessapolliticaldiva” following the 4th race, on September 19, 2018, at the Downs at Albuquerque Race Track.

The original lab report indicated a finding of Dexamethasone at 46.2 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood (15.2.6.9 Attachment 2 Page 3). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to trainer, and confirmed by TVMDL at 37+/- 7 pg/ml in the blood. Lupe C. Gonzales is the owner of record for horse “Jessapolliticaldiva

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

    1. A ($1,000) One thousand dollar fine to paid on or before February 27, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

Name: BRANDON CHANCE BOULANGER Ruling Date: 1/26/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-25 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY BRANDON CHANCE BOULANGER IS FINED FIFTY DOLLARS ($50.00)* FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1688(b)(6) (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-FIRST OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE FOURTH RACE AT LOS ALAMITOS RACE COURSE ON JANUARY 25, 2019.
Name: CLEMENT SOZA HURTADO Ruling Date: 1/26/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-26 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: TRAINER CLEMENTE HURTADO, WHO STARTED THE HORSE “FOREVER A LEGACY” IN THE FOURTH RACE AT LOS ALAMITOS RACE COURSE ON DECEMBER 14, 2018, IS FINED FIVE HUNDRED DOLLARS ($500.00)* PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1887 (a&b) (TRAINER OR OWNER TO INSURE CONDITION OF HORSE) FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1843 (a, b, AND d)(MEDICATION, DRUGS, AND OTHER SUBSTANCES), #1843.1 (b) (PROHIBITED DRUG SUBSTANCES), #1844 (f)(13) (AUTHORIZED MEDICATIONTRIAMCINOLONE (222 PG/ML) IN EXCESS OF PERMITTED LEVEL – 100 PG/ML).
Name: FELIPE VERDUZCO GARCIA Ruling Date: 1/26/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-27 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: OWNER FELIPE GARCIA, WHO STARTED THE HORSE “FOREVER A LEGACY” IN THE FOURTH RACE AT LOS ALAMITOS RACE COURSE ON DECEMBER 14, 2018, IS FINED FIVE HUNDRED DOLLARS ($500.00)* PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1887 (a&b) (TRAINER OR OWNER TO INSURE CONDITION OF HORSE) FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1843 (a, b, AND d)(MEDICATION, DRUGS, AND OTHER SUBSTANCES), #1843.1 (b) (PROHIBITED DRUG SUBSTANCES), #1844 (f)(13) (AUTHORIZED MEDICATION-TRIAMCINOLONE (222 PG/ML) IN EXCESS OF PERMITTED LEVEL – 100 PG/ML).
Name: LEONARDO RAFAEL GONZALEZ Ruling Date: 1/25/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-21 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 50 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY LEONARDO GONZALEZ IS FINED FIFTY DOLLARS ($50.00)* FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1688(b)(6) (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-FIRST OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE FOURTH RACE AT LOS ALAMITOS RACE COURSE ON JANUARY 19, 2019.
Name: RAMIRO LOPEZ ZUAZO Ruling Date: 1/25/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-22 Ruling Type: Failure to Meet Financial Obligation
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/25/2019 Suspension End:
Ruling Text: TRAINER RAMIRO LOPEZ ZUAZO IS SUSPENDED FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1876 (FINANCIAL RESPONSIBILITY- $525.00 TO EQUINE SPORTS MEDICINE). DURING THE TERM OF SUSPENSION, ALL LICENSES AND LICENSE PRIVILEGES OF RAMIRO LOPEZ ZUAZO ARE SUSPENDED AND PURSUANT TO CALIFORNIA HORSE RACING BOARD RULE #1528 (JURISDICTION OF STEWARDS TO SUSPEND OR FINE). RAMIRO LOPEZ ZUAZO IS DENIED ACCESS TO ALL PREMISES IN THIS JURISDICTION. SUSPENSION TO COMMENCE ON JANUARY 28, 2019.
Name: CESAR FRANCO Ruling Date: 1/25/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-23 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/1/2019 Suspension End: 2/15/2019
Ruling Text: JOCKEY CESAR FRANCO IS SUSPENDED FOR FIVE (5) RACING DAYS (FEBRUARY 1 ST, 8TH, 9TH, 10TH, AND 15 TH, 2019) FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1688(b)(6) (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-MULTIPLE OFFENSES WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE EIGHTH RACE AT LOS ALAMITOS RACE COURSE ON JANUARY 20, 2019.
Name: CRUZ MELQUIADES MENDEZ Ruling Date: 1/25/2019
Jurisdiction: California Horse Racing Board Facility: Los Alamitos
Ruling Number: 2019-LA-24 Ruling Type: Misuse of Whip
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: JOCKEY CRUZ MENDEZ IS FINED ONE HUNDRED DOLLARS ($100.00)* FOR VIOLATION OF CALIFORNIA HORSE RACING BOARD RULE #1688(b)(6) (USE OF RIDING CROP-MORE THAN THREE TIMES IN SUCCESSION, WITHOUT GIVING THE HORSE A CHANCE TO RESPOND-SECOND OFFENSE WITHIN THE PREVIOUS 60 DAY PERIOD), DURING THE SEVENTH RACE AT LOS ALAMITOS RACE COURSE ON JANUARY 20, 2019.
Name: TAMI D. BOBO Ruling Date: 1/24/2019
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 23257 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, in Louisiana, pending completion of owner license requirements. (Temporary owner license expired 1/21/2019).

Name: TAMI D. BOBO Ruling Date: 2/19/2019
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 23257-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: 23257 - Restored to Good Standing on 2/14/19: Met license requirements.
Name: JUAN M GUTIERREZ-QUINTANA Ruling Date: 1/23/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP087 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1050 Fine Paid: Y
Suspension Start: 2/2/2019 Suspension End: 2/16/2019
Ruling Text: Having been properly notified of a formal hearing, and having appeared on January 22, 2019, Owner/Trainer Juan Quintana-Gutierrez (ADG #11564), is hereby fined ONE THOUSAND DOLLARS ($1,000.00) plus 5% Race Horse Adoption Fund surcharge for a total of ONE THOUSAND AND FIFTY DOLLARS ($1,050.00) and suspended FIFTEEN (15) calendar days (February 02, 2019, through February 16, 2019 inclusive) following receipt of split sample report Analytical Toxicology Lab confirming the presence of the Class III foreign substance CLENBUTEROL at a concentration of 282 +/- 15 pg/mL in urine sample #E265481 taken from the horse "SHARP DRESSED GAL" winner of the first race on November 6, 2018, at Turf Paradise Race Course. This was the second medication violation within a 365 day calendar year for Mr. Quintana-Gutierrez (An aggravating factor considered by the Board of Stewards)

The horse "SHARP DRESSED GAL" winner of the FIRST race on November 6, 2018, is hereby disqualified and declared unplaced. The revised order of finish is as follows:

1st #3 PRIVY

2nd #4 WESTERN MAID

3rd #5 BIG WAVE BETTY

4th #1 MY MOM'S CAROL

5th #2 MORE MAGIC

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 February 12, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning February 13, 2019 through and inclusive of August 12, 2019, 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.

During the term of his suspension Juan Quintana-Gutierrez is denied access to all grounds under the jurisdiction of the Arizona Department of Gaming/Racing Division. All horses owned and/or trained by the respondent are hereby denied entry for racing pending sale and/or transfer approved by the Board of Stewards.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-102(19)(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)(2)(3)(6); A.A.C. R19-2-120(D)(1)(2); A.A.C. R19-2-120(O)(1)(2); A.A.C. R19-2-121(E)(2)(3)(6);

Name: JUAN M GUTIERREZ-QUINTANA Ruling Date: 1/29/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP087-ASD Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1050 Fine Paid: Y
Suspension Start: 2/2/2019 Suspension End: 2/16/2019
Ruling Text: RE: 18-19TP087 - Appeal Stay Denied
Name: Nick Cosato Ruling Date: 2/22/2019
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 23255-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: 23255 - Restored to Good Standing; Completed permanent license application on 2/14/19.
Name: Nick Cosato Ruling Date: 1/30/2019
Jurisdiction: Louisiana Racing Commission Facility: Fair Grounds
Ruling Number: 23255 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, in Louisiana, pending completion of owner license requirements. (Temporary owner license expired 1/20/2019).
 
Name: JUAN M GUTIERREZ-QUINTANA Ruling Date: 2/19/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP087-AWD Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1050 Fine Paid: Y
Suspension Start: 2/2/2019 Suspension End: 2/16/2019
Ruling Text: RE: 18-19TP087 - Appeal Withdrawn
Name: JAMES JULIAN GONZALES Ruling Date: 2/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-37-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 1/28/2019 Suspension End: 2/11/2019
Ruling Text: RE: 2019-SUN-37 - Modified Ruling Trainer: James J. Gonzales II; having been duly notified and failed to appear or respond, so the hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board Of Stewards on January 19, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty) found in test sample E283017 taken from the 2nd place finisherJd Cartel” following the 2nd race, on August 31, 2018, at Ruidoso Downs Race Track. The original lab report indicated a finding of Dexamethasone at 14.6 pg/ml in the blood, which exceeds the 4-C Major allowable limit for Dexamethasone of 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 trainer, and declined

Sebastian R. Gonzales is the owner of record for horse “Jd Cartel

For James J. Gonzales II’s Second Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows:

    1. A ($1,500) One thousand five hundred dollar fine to paid on or before February 19, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
    2. A 15 day suspension of all NMRC licenses starting January 28, 2019, through February 11, 2019, inclusive.

During said time of applicable suspension James J. Gonzales II. 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 James J. Gonzales II. 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 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. 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations.

15.2.1.9(B)(9)b: 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 JULIAN GONZALES Ruling Date: 2/4/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-37-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 1/28/2019 Suspension End: 2/11/2019
Ruling Text: RE: 2019-SUN-37 - Appeal Submitted to Commission KF
Name: JAMES JULIAN GONZALES Ruling Date: 2/4/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-35-ASC Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-35 - Appeal Submitted to Commission KF
Name: JAMES JULIAN GONZALES Ruling Date: 1/20/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-35 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Trainer: James J. Gonzales II; having been duly notified and failed to appear or respond, so the hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board Of Stewards on January 19, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty) found in test sample E282590 taken from the 3rd place finisherAmsterdams Big Daddy” following the 16th race, on July 14, 2018, at Ruidoso Downs Race Track.

The original lab report indicated a finding of Dexamethasone at 17.8 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 trainer, and confirmed by TVMDL at 35+/- 6 pg/ml in the blood.

Nahum Prieto is the owner of record for horse “Amsterdams Big Daddy

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

    1. A ($1,000) One thousand dollar fine to paid on or before February 19, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

Name: JAMES JULIAN GONZALES Ruling Date: 1/20/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-37 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: N
Suspension Start: 1/28/2019 Suspension End: 2/11/2019
Ruling Text: Trainer: James J. Gonzales II; having been duly notified and failed to appear or respond, so the hearing was held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board Of Stewards on January 19, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty) found in test sample E283017 taken from the 2nd place finisherJd Cartel” following the 2nd race, on August 31, 2018, at Ruidoso Downs Race Track. The original lab report indicated a finding of Dexamethasone at 14.6 pg/ml in the blood, which exceeds the 4-C Major allowable limit for Dexamethasone of 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 trainer, and declined

Sebastian R. Gonzales is the owner of record for horse “Jd Cartel

For James J. Gonzales II’s Second Class 4C-Major medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows:

    1. A ($1,500) One thousand five hundred dollar fine to paid on or before February 19, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.
    2. A 15 day suspension of all NMRC licenses starting January 28, 2019, through February 11, 2019, inclusive.

During said time of applicable suspension James J. Gonzales II. 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 Lee Gutierrez. 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(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations.

15.2.1.9(B)(9)b: 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: ANDRES S GONZALEZ Ruling Date: 1/15/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-23 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer: Andres Gonzalez; having been duly notified and appeared before the Board Of Stewards on January 13, 2019, regarding a lab report from Industrial Laboratories (The official testing laboratory for the NMSRC), for a confirmed positive for the drug, Dexamethasone (class 4C-Major penalty) found in test sample E290725 taken from the 2nd place finisherJess Dashn” following the 3rd race, on November 3, 2018, at Zia Park.. The original lab report indicated a finding of Dexamethasone at 17.6 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 confirmed at 13 +/- 2.6 pg/ml in the blood . Pablo Nevarez-Hernandez is the owner of record for horse “Jess Dashn

In accordance with rules 15.2.6.9 (B)(4), this is Andres Gonzalez’s FIRST Class 4C-Major medication violation in 365 days.

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

    1. A ($1,000) One thousand dollar fine to paid on or before February 12, 2019, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time will result in an immediate suspension.

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

Name: GARY ROYBAL Ruling Date: 1/15/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-24 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Gary L. Roybal was duly notified and appeared before the Board of Stewards on January 13, 2019. 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 #E276511. The test sample was taken from the fifth place finisher Endwi” following the 8th race on July 15, 2018, at the Downs of Albuquerque Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 92.3 +/- 3.1 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 confirmed (90 +/- 16 pg/ml in the blood) by Trainer Robert Rivera.

Robert Rivera, the trainer of record for horse “Endwi”, was duly notified and appeared for his hearing on January 13, 2019.

In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Owner Gary L. Roybal’s FIRST Class 4C MAJOR medication violation in a 365-day period . For Gary L. Roybal’s FIRST Class 4C MAJOR medication violation in a 365- day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

        1. The horse “Endwi” is hereby disqualified from Fifth Place and ordered unplaced from the 8th race on July 15, 2018, at the Downs of Albuquerque Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                                1. Nusret
                                2. Causeway Runner
                                3. Says Me
                                4. Gee Whiz Who
Unplaced “Endwi

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 / 15.2.6.9(F)Permissible Medications With Acceptable Levels /15.2.6.9(B)(4)Penalty Recommendations/ 15.2.3.8(B)(3)(k) Redistribution of Prizes/ 15.2.5.13(E)(4)(d) NMAC 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.”

Name: ROBIN ALLEN HYBSHA Ruling Date: 1/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-20 Ruling Type: General/Miscellaneous Rulings
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Issued In error
Name: RODOLFO CELAYA - ARVIZU Ruling Date: 2/20/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP078-FO Ruling Type: Failure to Honor Declaration/Engagement
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: 1/23/2019 Suspension End: 2/20/2019
Ruling Text: RE: 18-19TP078 - Ruling Final Outcome - paid fine.
Name: RODOLFO CELAYA - ARVIZU Ruling Date: 1/13/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP078 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: 1/23/2019 Suspension End: 2/20/2019
Ruling Text: Having been properly noticed for a formal hearing and having failed to appear on January 9, 2018, Jockey Rodolfo Arvizu-Celaya (ADG #10784) 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 failure to fulfill his riding engagement on December 30, 2018 at Turf Paradise Race Course.

The fine set forth above must be satisfied within ten days from the date of this order. If it is not paid by January 23, 2019, all licenses held by the respondent are automatically suspended for one hundred and eighty days beginning January 24, 2019 through and inclusive of July 23, 2019, and this matter is referred to the Director of the Arizona Department of Racing with the recommendation that all licenses remain suspended until all requirements herein are satisfied.

The above described matter constitutes a violation in accordance with: A.A.C. R19-2-106(C); A.A.C. R19-2-109(A)(2); A.A.C. R19-2-121(E)

Name: RODOLFO CELAYA - ARVIZU Ruling Date: 1/29/2019
Jurisdiction: Arizona Department of Racing Facility: Turf Paradise
Ruling Number: 18-19TP078-FTC Ruling Type: Failure to Honor Declaration/Engagement
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: 1/23/2019 Suspension End: 2/20/2019
Ruling Text: RE: 18-19TP078 - Failure to Comply - Failed to pay fine.
Name: REY M MARQUEZ Ruling Date: 1/12/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-14 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: Rey Marquez; having been duly notified and having waived his rights to a hearing before the Board Of Stewards on January 12, 2019, regarding the entry of the ineligible horse “Please Do Tell”, (Papers not stamped “New Mexico Bred”) and the winner of the 8th race on December 16, 2018 at zia Park. Rey Marquez is the trainer and owner of record for the horse “Please Do Tell

In accordance with rules 15.2.1.8 (B)(1), and 15.2.5.13(E)(4)(d) Purse Redistribution the Board of Stewards assessed a penalty as follows:

        1. The horse “Please Do Tell” is hereby disqualified from 1st place and ordered unplaced from the 8th race on December 16,2018, at Zia Park for all but pari-mutuel wagering. The purse redistribution is as follows.
                  1. Kick It
                  2. Silver Flask
                  3. Leading Prospect
                  4. M G M Winter Ghost
                  5. Leading Prospect
                  6. Big Frenchy
                  7. War Paint Brave
                  8. All Your Jazz
                  9. Sparky Who
Unplaced “Please Do Tell” Licensee is found in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations15.2.1.9(B)(9)(b): 15.2.5.13(E)(4)(d) Purse Redistribution

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

Name: JESUS SOSA Ruling Date: 1/12/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-15 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Jesus Sosa 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 January 12, 2019. 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 #E276458. The test sample was taken from the Third place finisher Offended” following the 9th race on July 13, 2018, at The Downs of Albuquerque Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 18.4±-3.1 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 due to non payment by Trainer Salvador R. Soto.

Salvador R. Soto, the trainer of record for horse “Offended”, were duly notified and waived his right to a hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Owner Jesus Sosa’s FIRST Class 4C MAJOR medication violation in a 365-day period . For Jesus Sosa’s FIRST Class 4C MAJOR medication violation in a 365- day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

    1. The horse “Offended” is hereby disqualified from Third Place and ordered unplaced from the 9th race on July 13, 2018, at the Downs of Albuquerque Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Msferrari Edition
                2. Atlas Sparks
                3. My Moon Crest
                4. Pancho Villa
                5. Streakaway Star
                6. Fiesta Corona
                7. Catch This Train
                8. Just Chic It
                9. Thefame Ofthe Kid
Unplaced “Offended

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 / 15.2.6.9(F)Permissible Medications With Acceptable Levels /15.2.6.9(B)(4)Penalty Recommendations/ 15.2.3.8(B)(3)(k) Redistribution of Prizes/ 15.2.5.13(E)(4)(d) NMAC Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification.” 15.2.1.9(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 SOSA Ruling Date: 1/26/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-15-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-15 - Modified Ruling Owner Jesus Sosa 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 January 12, 2019. 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 #E276458. The test sample was taken from the Third place finisher Offended” following the 9th race on July 13, 2018, at The Downs of Albuquerque Racetrack.

The certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) indicated a finding of Dexamethasone at 18.4±-3.1 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 due to non payment by Trainer Salvador R. Soto.

Salvador R. Soto, the trainer of record for horse “Offended”, were duly notified and waived his right to a hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Owner Jesus Sosa’s FIRST Class 4C MAJOR medication violation in a 365-day period . For Jesus Sosa’s FIRST Class 4C MAJOR medication violation in a 365- day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards hereby assess penalty as follows:

        1. The horse “Offended” is hereby disqualified from Third Place and ordered unplaced from the 9th race on July 13, 2018, at the Downs of Albuquerque Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                                1. Msferrari Edition
                                2. My Moon Crest
                                3. Pancho Villa
                                4. Streakaway Star
                                5. Fiesta Corona
                                6. Catch This Train
                                7. Just Chic It
                                8. Thefame Ofthe Kid
Unplaced “Offended” Unplaced “Atlas Spark” Per ruling 2018-NMS-19

Licensee is found to be in violation of and this ruling is written in accordance with 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.15.2.3.8(B)(1)(3)(f)(g)(j)Stewards /15.2.6.9(C)(4) Medication Restrictions / 15.2.6.9(F)Permissible Medications With Acceptable Levels /15.2.6.9(B)(4)Penalty Recommendations/ 15.2.3.8(B)(3)(k) Redistribution of Prizes/ 15.2.5.13(E)(4)(d) NMAC Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification.” 15.2.1.9(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: REY M MARQUEZ Ruling Date: 2/20/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-14-MOD Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2019-SUN-14 - Modified Ruling Owner/Trainer: Rey Marquez; having been duly notified and having waived his rights to a hearing before the Board Of Stewards on January 12, 2019, regarding the entry of the ineligible horse “Please Do Tell”, (Papers not stamped “New Mexico Bred”) and the winner of the 8th race on December 16, 2018 at zia Park.

Rey Marquez is the trainer and owner of record for the horse “Please Do Tell

In accordance with rules 15.2.1.8 (B)(1), and 15.2.5.13(E)(4)(d) Purse Redistribution the Board of Stewards assessed a penalty as follows:

                1. The horse “Please Do Tell” is hereby disqualified from 1st place and ordered unplaced from the 8th race on December 16,2018, at Zia Park for all but pari-mutuel wagering. The purse redistribution is as follows.
                                    1. Kick It
                                    2. Silver Flask
                                    3. Leading Prospect
                                    4. M G M Winter Ghost
                                    5. Big Frenchy
                                    6. War Paint Brave
                                    7. All Your Jazz
                                    8. Sparky Who
Unplaced “Please Do Tell”

Licensee is found in violation of and this ruling is written in accordance with: 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. 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.8(T)Knowledge of the Rules/ 16.47.1.8(U)(1)Protection of Horses/ 16.47.1.10(B)(1)(2)(3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations15.2.1.9(B)(9)(b): 15.2.5.13(E)(4)(d) Purse Redistribution

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

Name: Brian Hollingsworth Ruling Date: 1/11/2019
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2019-MVRC-4 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2019-04
                                                                                                                                
                                                                                                                                                                  Date: January 11, 2019
 
 
 
RULING INVOLVES: Jockey, Brian Hollingsworth  
                                       License #7278
                                                                                                                           
Jockey, Brian Hollingsworth, DOB 01/12/1966, SSN XXX-XX-6118, is hereby fined One Hundred ($100.00) Dollars for failure to fulfill his riding commitment on Wednesday, January 2, 2019 causing a late program change. Violation of and as per Rule #3769-2-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-2-05, Rule #3769-06-23.       
 
 
 
 
  Fine to be paid within forty-eight (48) hours from date of ruling.  
 
 
Name: JOHN THOMAS BROWN Ruling Date: 1/11/2019
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2019-MVRC-5 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
 
                                                                                                                                                   Ruling No: 2019-05
                                                                                                                                
                                                                                                                                                                  Date: January 11, 2019
 
 
 
RULING INVOLVES: Trainer/Ex. Rider, John Brown   
                                       License: #6937, #2158
 
Trainer/Ex. Rider, John Brown, DOB 06/18/1957, SSN XXX-XX-1129, is hereby fined Two Hundred & Fifty ($250.00) Dollars for not having his horse “Meltdown Max” properly shod causing a late scratch in the 5th Race on Saturday, January 5, 2019 (no shoes on behind). Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-4-49.    
 
 
 
 
Fine to be paid within forty-eight (48) hours from date of ruling.
 
Name: CARLOS A INIRIO Ruling Date: 1/11/2019
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2019-MVRC-6 Ruling Type: Failure to Complete License Procedure
Breed: Thoroughbred Division: Horse
Fine Amount: $ 300 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2019-06
                                                                                                                                
                                                                                                                                                                  Date: January 11, 2019
 
 
 
RULING INVOLVES: Owner/Trainer, Carlos Inirio   
                                       License #7583, #7584
                                                                                                                           
Owner/Trainer, Carlos Inirio, DOB 05/15/1977, SSN XXX-XX-1105, is hereby fined Three Hundred ($300.00) Dollars for not handling his business in a proper manner (Not getting his Owner/Trainer License for 2019 in a timely manner). Violation of and as per Rule #3769-2-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-2-05, Rule #3769-2-18.        
 
 
 
 
  Fine to be paid within forty-eight (48) hours from date of ruling.  
 
 
 
 
 
Name: ANTONIO NINO PIZZURRO Ruling Date: 1/7/2019
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2019-MVRC-1 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2019-01                                                                                                                                
                                                                                                                                                                 
                                                                                                                                                                   Date: January 7, 2019
 
RULING INVOLVES: Owner/Trainer, Antonio Pizzurro   
                                       License #7238, #7239
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Blood sample #847705 taken from horse “Rapid Distinction” which finished (1st) in the (6th) race on Monday, November 26, 2018 at Mahoning Valley Race Course, Blood sample #847705 was found to contain Both Phenylbutazone & Flunixin.
 
Blood sample #847705 was found to contain both Phenylbutazone (0.67) and Flunixin (7) are non-steroidal anti-inflammatory drugs (NSAID) approved by the Ohio State Racing Commission for use in horses.  
 
However, the presence of more than one of the approved NSAID (e.g. Phenylbutazone and Flunixin ) in an official blood plasma sample is prohibited under the Ohio Thoroughbred Racing Rule 3769-8-01 (B) (1) (a).
 
 Mr. Pizzurro waived his rights to a hearing and agreed with the Stewards findings for penalty.  
  
 
After considering all testimony and evidence presented, Owner/Trainer, Antonio Pizzurro, D.O.B. 11/11/1953, SSN-XXX-XX-6471, is hereby fined Five Hundred ($500.00) Dollars. 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.   
 
 
 
This ruling does not affect the mutuel payoff.
 
 
Fine has been paid.  
 
 
Name: JULIE ANN PAPPADA Ruling Date: 1/7/2019
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2019-MVRC-2 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2019-02                                                                                                                                
                                                                                                                                                                 
                                                                                                                                                                   Date: January 7, 2019
 
RULING INVOLVES: Owner/Trainer, Julie Pappada   
                                       License #7039, #7040
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Blood sample #865632 taken from horse “Rapid Rouge” which finished (1st) in the (6th) race on Monday, December 10, 2018 at Mahoning Valley Race Course, Blood sample #865632 was found to contain Both Phenylbutazone & Flunixin.
 
Blood sample #865632 was found to contain both Phenylbutazone (0.44) and Flunixin (9) are non-steroidal anti-inflammatory drugs (NSAID) approved by the Ohio State Racing Commission for use in horses.  
 
However, the presence of more than one of the approved NSAID (e.g. Phenylbutazone and Flunixin ) in an official blood plasma sample is prohibited under the Ohio Thoroughbred Racing Rule 3769-8-01 (B) (1) (a).
 
 Ms. Pappada waived her rights to a hearing and agreed with the Stewards findings for penalty.  
  
 
After considering all testimony and evidence presented, Owner/Trainer, Julie Pappada, D.O.B. 03/16/1973, SSN-XXX-XX-8314, is hereby fined Five Hundred ($500.00) Dollars. 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.   
 
 
 
This ruling does not affect the mutuel payoff.
 
 
Fine has been paid.  
 
 
 
Name: debbie schaber Ruling Date: 1/7/2019
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2019-MVRC-3 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2019-03                                                                                                                                
                                                                                                                                                                 
                                                                                                                                                                   Date: January 7, 2019
 
RULING INVOLVES: Owner/Trainer, Debbie Schaber   
                                       License #6919, #6920
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Blood sample #865633 taken from horse “Hell’s a Poppin” which finished (1st) in the (7th) race on Monday, December 10, 2018 at Mahoning Valley Race Course, Blood sample #865633 was found to contain Phenylbutazone in Excess (7.1). Threshold of 2.0 microgram per milliliter in plasma.
 
Ms. Schaber waived her rights to a hearing and agreed with the Stewards findings for penalty.  
  
After considering all testimony and evidence presented, Owner/Trainer, Debbie Schaber, D.O.B. 03/22/1960, SSN-XXX-XX-3588, is hereby fined Five Hundred ($500.00) Dollars and 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 “Hell’s a Poppin”is hereby disqualified from the purse and the Horseman’s bookkeeper shell make the proper adjustments.
 
This ruling does not affect the mutuel payoff.
 
 
Fine has been paid.  
 
 
 
 
Name: ROBIN ALLEN HYBSHA Ruling Date: 1/13/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-6-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 1/6/2019 Suspension End: 3/6/2019
Ruling Text: RE: 2019-SUN-6 - Ruling Final Outcome Trainer R. Allen Hybsha was duly notified and having waived his rights to a hearing before the Board Of Stewards on January 12, 2019. The hearing was in regard to a certificate of analysis from Industrial Labratory (official testing laboratory for the NMRC) for a confirmed positive for the controlled substance and prohibited drug Class 3 Controlled Substance, clenbuterol, found in test sample #E291356 taken from the second place finisher (trained by R. Allen Hybsha), “Ms Haulin Chic”, in the 2nd race on December 12, 2018, at Zia Park Racetrack. Haullin Assets Racing, is the owner of record for horse “Ms Haulin Chic”.

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

    1. A 60day suspension of all NMRC licenses starting January 6, 2019, through March 6, 2019, inclusive.
    2. A (1,000.00) one thousand dollar fine to paid on or before February 11, 2019 in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
    3. Per 15.2.3.8 (B)(3)(j), the Board of Stewards hereby refer R. Allen Hybsha to the New Mexico Racing Commission for further action if deemed appropriate

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

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

Name: ROBIN ALLEN HYBSHA Ruling Date: 2/3/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-6-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 1/6/2019 Suspension End: 3/6/2019
Ruling Text: RE: 2019-SUN-6 - Modified Ruling RE: 2019-SUN-6 - Ruling Final Outcome Trainer R. Allen Hybsha was duly notified and having waived his rights to a hearing before the Board Of Stewards on January 12, 2019. The hearing was in regard to a certificate of analysis from Industrial Labratory (official testing laboratory for the NMRC) for a confirmed positive for the controlled substance and prohibited drug Class 3 Controlled Substance, clenbuterol, found in test sample #E291356 taken from the second place finisher (trained by R. Allen Hybsha), “Ms Haulin Chic”, in the 2nd race on December 19, 2018, at Zia Park Racetrack. Haullin Assets Racing, is the owner of record for horse “Ms Haulin Chic”.

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

    1. A 60day suspension of all NMRC licenses starting January 6, 2019, through March 6, 2019, inclusive.
    2. A (1,000.00) one thousand dollar fine to paid on or before February 11, 2019 in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
    3. Per 15.2.3.8 (B)(3)(j), the Board of Stewards hereby refer R. Allen Hybsha to the New Mexico Racing Commission for further action if deemed appropriate

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

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

Name: ROBIN ALLEN HYBSHA Ruling Date: 1/6/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2019-SUN-6 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 1/6/2019 Suspension End: 3/6/2019
Ruling Text: Trainer, R. Allen Hybsha, is hereby summarily suspended, effective immediately, January 6, 2019 pending the outcome of his hearing on January 15, 2019, at 8:45 a.m in the office of the Board of Stewards at Sunland Park Racetrack (1200 Futurity Dr, Sunland Park, NM.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension is in regard to the confirmed positive of the Class 3 Controlled Substance, clenbuterol, found in test sample #E291356 taken from the second place finisher (trained by R. Allen Hybsha), “Ms Haulin Chic”, in the 2nd race on December 12, 2018, at Zia Park Racetrack.

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

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

Name: ARNULFO RANGEL Ruling Date: 1/3/2019
Jurisdiction: Kentucky Racing Commission Facility: Turfway Park
Ruling Number: #19-0002 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Owner/Trainer: Arnulfo Rangel (D.O.B. 12/21/1967)

Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, sample number E300283 taken from DRAGSTER, who finished first in the fourth race at Turfway Park on December 14, 2018 contained triamcinolone acetonide at a level of 127+/-15 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. DRAGSTER 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: JOHN A CAPELLINI Ruling Date: 12/29/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-0114 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-0114                                                                                                                                
                                                                                                                                                                 
                                                                                                                                                                   Date: December 29, 2018
 
RULING INVOLVES: Owner/Trainer, John Capellini   
                                       License #7199, #7200
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Blood sample #847696 taken from horse “U and Tequila” finished first (1st) in the Fifth (5th) race on Saturday, November 24, 2018 at Mahoning Valley Race Course, Blood sample #847696 was found to contain Ketoprofen in excess (16) nanograms per milliliter of plasma (Threshold 10 nanograms per milliliter).  
 
Mr. Capellini waived his rights to a hearing and agreed with the Stewards findings for penalty (telephone 12/29/18).   
 
After considering all testimony and evidence presented, Owner/Trainer, John Capellini, D.O.B 12 /12/1956, SSN-XXX-XX-6426, is hereby fined Two Hundred & Fifty ($250.00) Dollars (1st-offense within 365 day period). 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.   
 
 
Fine to be paid within forty-eight (48) hours from date of ruling.
 
 
 
 
Name: STEVEN L WALES Ruling Date: 12/28/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-0111 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:
               Ruling No: 2018-0111
                                                                                                                                
                                                                                                                                                                  Date: December 28, 2018
 
 
 
RULING INVOLVES: Dr. Steve Wales
                                       License: #305
                                                                                                                          
Dr. Steve Wales, DOB 02/23/1974, SSN XXX-XX-1227, is hereby fined Five Hundred ($500.00) dollars. Dr. Wales admitted to administering Lasix to “Sweet Evy Grace” in the 3rd race on November 13, 2018 at Mahoning Valley Race Course. The horse was not entered to race on Lasix. This resulted in a disqualification and purse redistribution. Violation of and as per O.S.R.C. Rule #3769-04-24, Rule 3769-4-26, Rule #3769-8-01.   
 
 
Name: DANNY R BIRD Ruling Date: 12/26/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-0112 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-0112
                                                                                                                                
                                                                                                                                                                  Date: December 26, 2018
 
 
 
RULING INVOLVES: Owner/Trainer/Breeder, Danny Bird    
                                       License: #7126, #7127, #2267
                                                                                                                         
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Blood sample #847642 taken from horse “Show Me Some Sass “ which finished Second (2nd) in the Third (3rd) race on day, November 17, 2018 at Mahoning Valley Race Course, Blood sample #84642 was found to contain Naproxen.
   
Naproxen is an NSAID drug that is not approved nor a regulated NSAID under the Ohio State Racing Commission Rules (listed as a Class 4 drug).
 
As a result of this report, Mr. Bird waived her rights to a hearing and agreed with the Stewards finding of penalty,   
 
After considering all testimony and evidence presented at the hearing, Owner/Trainer, Danny Bird, DOB, 08/31/1956, SSN-XXX-XX-7325, is hereby fined Five Hundred ($500.00) Dollars, and loss of purse. 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 “Show Me Some Sass” is hereby disqualified from all purse monies and the Horsemen’s bookkeeper shall make the proper adjustments. As per Rule #3769-7-45 & 379-8-01 (B) (13).
 
This ruling does not affect the mutual payoff.
Name: JAMI C POOLE Ruling Date: 12/26/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-0113 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2018-0113
                                                                                                                                
                                                                                                                                                                  Date: December 26, 2018
 
RULING INVOLVES: Trainer/Ex. Rider Jami Poole   
                                       License #7173, #2639
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Urine sample #847664 taken from horse “Soul Machen” which finished First (1st) in the Eighth (8th) race on Monday, November 19, 2018 at Mahoning Valley Race Course, Urine sample #847664 was found to contain Gabapentin (Neurontin).
 
Mr. Poole waived his rights to a formal hearing and agreed with the Stewards finding for penalty (Wednesday, December 26, 2108).
 
After considering all testimony and evidence presented to the board of Stewards, Trainer Jami Poole, D.O.B.-05/28/1971, SSN-XXX-XX-7827, is hereby suspended Fifteen (15) from Thursday, December 27, 2018 through January 12, 2019, fined Five Hundred ($500.00) 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 “Soul Machen” is here by disqualified from the purse and the Horseman’s bookkeeper shall make the proper adjustments.
 
This ruling does not affect the mutual payoff.
 
Fine to be paid within forty-eight (48) hours from date of ruling.
   
  
 
 
Name: JEFFERY L. GREENHILL Ruling Date: 12/18/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-0110 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2018-0110
                                                                                                                                
                                                                                                                                                                  Date: December 18, 2018
 
RULING INVOLVES: Trainer, Jeffery Greenhill  
                                       License #7674
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Blood sample #847622 taken from horse “Sweet Evy Grace” which finished First (1st) in the Third (3rd) race on Tuesday, November 13, 2018 at Mahoning Valley Race Course, Blood sample #847622 was found to contain furosemide, and the External Chain of Custody Form indicates that the horse was not programmed to race on furosemide.
 
As a result of this report, Mr. Greenhill was notified by the board of Stewards. Mr. Greenhill gave permission to proceed with the ruling and agreed with the stewards finding for penalty (by telephone 12/18/18).
 
After considering all testimony and evidence presented, due to mitigating circumstances Trainer Jeffery Greenhill DOB 11/16/1953, S.S.N. XXX-XX-6923 will not be given any penalty.   
 
The horse “Sweet Evy Grace” having raced with furosemide in her system given by the practicing Veterinarian who admitted to his mistake is hereby disqualified from all purse monies. The horsemen’s bookkeeper shall make the proper adjustments as per OSRC Rule 3769-7-45 & Rule 3769-8-01 (B) (13).
 
 
This ruling does not affect the mutuel payoff.
 
Fine and all fees have been paid.     
 
 
 
 
Name: ANGEL J MONTANEZ Ruling Date: 12/17/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-0108 Ruling Type: Failure to Properly Identify/Present Horse or Greyhound
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
 
                                                                                                                                                   Ruling No: 2018-0108
                                                                                                                                
                                                                                                                                                                  Date: December 17, 2018
 
 
 
RULING INVOLVES: Owner, Angel J. Montanez   
                                       License #6856
                                                                                                                           
Owner, Angel J. Montanez, DOB 02/25/1978, SSN XXX-XX-9519, is hereby fined One Hundred ($100.00) Dollars for not handling his business in a proper manner (Not bringing the proper documentation for his horse he shipped in on 12/14/18). Violation of and as per Rule #3769-2-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-2-05, Rule #3769-8-01.        
 
 
 
 
  Fine has been paid.
 
 
 
Name: Logan Holbrook Ruling Date: 12/17/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-0109 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/15/2018 Suspension End: 12/15/2018
Ruling Text:
Ruling No: 2018-0109
                                                                                                                                
                                                                                                                                                                  Date: December 17, 2018
 
 
 
RULING INVOLVES: App. Jockey, Logan D. Holbrook
                                       License #8075
                                                                                                                          
App. Jockey, Logan D. Holbrook, DOB 02/20/1996, SSN XXX-XX-8075, for testing positive on the breathalyzer (.016) on Saturday, December 15, 2018. Mr. Holbrook has been relieved of his duties (riding) for the day.  Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), 3769-4-57.    
 
 
 
 
 
Name: JACOB J RADOSEVICH Ruling Date: 12/15/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-0107 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-0107
                                                                                                                                
                                                                                                                                                                  Date: December 15, 2018
 
 
 
RULING INVOLVES: Jockey, Jacob Radosevich   
                                       License #6917
                                                                                                                           
Jockey, Jacob Radosevich, DOB 01/14/1993, SSN XXX-XX-2752, is hereby fined One Hundred ($100.00) Dollars for failure to fulfill his riding commitment on Wednesday, December 12, 2018 causing a late program change. Violation of and as per Rule #3769-2-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-2-05, Rule #3769-06-23.       
 
 
 
 
  Fine to be paid within forty-eight (48) hours from date of ruling.  
 
 
Name: JACOB J RADOSEVICH Ruling Date: 12/15/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-0102 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2018-0107
                                                                                                                                
                                                                                                                                                                  Date: December 15, 2018
 
 
 
RULING INVOLVES: Jockey, Jacob Radosevich   
                                       License #6917
                                                                                                                           
Jockey, Jacob Radosevich, DOB 01/14/1993, SSN XXX-XX-2752, is hereby fined One Hundred ($100.00) Dollars for failure to fulfill his riding commitment on Wednesday, December 12, 2018 causing a late program change. Violation of and as per Rule #3769-2-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-2-05, Rule #3769-06-23.       
 
 
 
 
  Fine to be paid within forty-eight (48) hours from date of ruling.  
 
Name: JOSE AGUSTIN BRACHO Ruling Date: 12/14/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-0105 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-0105
                                                                                                                                
                                                                                                                                                                  Date: December 14, 2018
 
RULING INVOLVES: Owner/Trainer, Jose Bracho Jr.  
                                       License #7129, #7130
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Urine sample #847597 taken from horse “Goldforthenewyear” which finished First (1st) in the Sixth (6th) race on Wednesday, November 7, 2018 at Mahoning Valley Race Course, Urine sample #847597 was found to contain Methocarbamol (Robaxin) at a concentration of 1.8 micrograms per milliliter of urine. (This concentration exceeds the Regulatory Threshold of 1.0 microgram per milliliter of urine).
 
Mr. Bracho Jr. waived his rights to a formal hearing and agreed with the Stewards finding for penalty (telephone, 12/14/18).
 
After considering all testimony and evidence presented at the hearing, Owner/Trainer Jose Bracho Jr., D.O.B.-07/04/1994, SSN-XXX-XX-2535, 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 “Goldforthenewyear” is here by disqualified from the purse and the Horseman’s bookkeeper is ordered to make the proper adjustments.
 
This ruling does not affect the mutual payoff.
 
Fine to be paid within forty-eight (48) hours from date of ruling.
   
  
Name: SAMUEL J BROWN Ruling Date: 12/12/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-0106 Ruling Type: Failure to Meet Financial Obligation
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/12/2018 Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-0106
                                                                                                                                
                                                                                                                                                                  Date: December 12, 2018
 
 
 
RULING INVOLVES: Owner/Trainer, Samuel Brown
                                       License #8067, #8068
                                                                                                                          
Owner/Trainer, Samuel Brown, DOB 12/30/1989, SSN XXX-XX-5417, is hereby suspended pending his appearance before the board of Stewards at Mahoning Valley Race Course (to pay for NSF check given to O.S.R.C., & pay any other penalty’s).Violation of and as per O.S.R.C. Rule #3769-4-24, Rule #3769-4-26.      
 
 
 
 
In addition Mr. Samuel Brown is referred to the O.S.R.C. with the recommendation that his name be placed on the “STOP LIST”.
 
 
 
Name: RAMON MENDOZA Ruling Date: 12/11/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-279 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 12/15/2018 Suspension End: 2/12/2019
Ruling Text: Trainer, Ramon Mendoza, is hereby summarily suspended, effective immediately, December 11, 2018 pending the outcome of his hearing on December 19, 2018, @ 8:45 a.m in the office of the Board of Stewards at Zia Park Racetrack (3901 W. Millen Drive, Hobbs Nm.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the confirmed positive of the Class 3 Controlled Substance, clenbuterol, found test sample #E291000 taken from the seventh place finisher (trained by Ramon Mendoza), “EYEZA SECRET”, in the 3RD race on November 24, 2018, at Zia Park Racetrack.

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

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

15.2.1.7(C)(8)“Controlled substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970.

15.2.6.9(C)(4) There is no permissible concentration of clenbuterol that is allowed to appear in any official sample.

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

Name: RAMON MENDOZA Ruling Date: 12/15/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-279-FO Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 12/15/2018 Suspension End: 2/12/2019
Ruling Text: RE: 2018-ZIA-279 - Ruling Final Outcome Trainer Ramon Mendoza summarily suspended on December 11, 2018.responded by phone on December 12, 2018 and waived his right to the formal hearing before the Board of Stewards for the summary suspension hearing scheduled for December 19, 2018 and waived his 10 day notice for his disciplinary hearing scheduled for December 30, 2018 . The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the controlled substance and prohibited drug (class 3 penalty B) “clenbuterol” detected in the urine of horse “Eyeza Secret” (Test Sample #: E291000, who finished seventh place in the 3rd race on November 24, 2018, at Zia Park. Split sample rights were afforded to Ramon Mendoza and declined.. Crystain Terrazas, the owner of record for horse “Eyeza Secret”, was duly notified and waived his right to a 10 day notice and formal hearing. This is the First Class 3B medication violation in a 365-day period.

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

    1. A 60 day suspension of all NMRC licenses starting December 15, 2018, through February 12, 2019, inclusive.
    2. A (1,000.00) one thousand dollar fine to paid on or before January 15, 2019, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
    3. Per 15.2.3.8 (B)(3)(j), the Board of Stewards hereby refer Ramon Mendoza to the New Mexico Racing Commission for further action if deemed appropriate
Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Eyeza Secret” is placed on the Stewards list for a period of 60 days (beginning December 8, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test. During said time of applicable suspension Ramon Mendoza is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses trained or owned by, or in the care and custody of Ramon Mendoza are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by, or in the care and custody of Ramon Mendoza must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION, and 16.47.1.10(D)(5)Assistant Trainers.

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

Name: Billy Johnson Ruling Date: 12/10/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2018-0103
                                                                                                                                
                                                                                                                                                                  Date: December 10, 2018
 
 
 
RULING INVOLVES:  Jockey Agent, Billy Johnson  
                                       License #7022
                                                                                                                          
Jockey Agent, Billy Johnson, DOB 05/21/1964, SSN XXX-XX-1469, is hereby fined ($100.00) Dollars for not checking riders on at scratch time on December 10, 2018 after being warned previously. Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10).    
 
 
Fine to be paid within forty-eight (48) hours from date of ruling.  
Name: JAMES K CHAPMAN Ruling Date: 12/10/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-0104 Ruling Type: Appeal/Stay Denied, Withdrawn, or Waived
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-0104
                                                                                                                                
                                                                                                                                                                  Date: December 10, 2018
 
 
 
RULING INVOLVES: Owner/Trainer, James Chapman
                                       License #7355, #7356
                                                                                                                          
Owner/Trainer, James Chapman, DOB 09/11/1971, SSN XXX-XX-8819, Subject of ruling #2018-029 and ruling #2018-029 (A) at J.A.C.K. Thistledown Racino, having dropped his appeal is hereby fined One Thousand ($1,000.00) dollars & loss of purse. Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-7-42.    
 
The horse “Heartwood” is hereby disqualified from all purse monies and the Horsemen’s Bookkeeper shall make the proper adjustments as per OSRC Rule 3769-7-45 & Rule #3769-8-01 (B) (13).
 
    
Fine has been paid.
 
 
Name: CARLOS ROMERO PEREZ Ruling Date: 12/10/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-0100 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2018-0100
                                                                                                                                
                                                                                                                                                                  Date: December 10, 2018
 
 
 
RULING INVOLVES:  Jockey Agent, Carlos Perez  
                                       License #7035
                                                                                                                          
Jockey Agent, Carlos Perez, DOB 09/10/1967, SSN XXX-XX-7812, is hereby fined ($100.00) Dollars for entering a horse without trainer’s permission on Tuesday, December 11, 2018, 6th race. Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10).    
 
 
Fine to be paid within forty-eight (48) hours from date of ruling.  
 
 
 
 
 
 
 
 
 
 
 
 
Name: EDER L. MARTINEZ Ruling Date: 12/10/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-101 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-0101
                                                                                                                                
                                                                                                                                                                  Date: December 10, 2018
 
 
 
RULING INVOLVES: Jockey, Eder Martinez   
                                       License #7749
                                                                                                                           
Jockey, Eder Martinez, DOB 05/07/1979, SSN XXX-XX-0245, is hereby fined One Hundred ($100.00) Dollars for failure to fulfill his riding commitments on Saturday December 8, 2018.causing late program changes. Violation of and as per Rule #3769-2-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-2-05, Rule #3769-06-23.       
 
 
 
 
Fine to be paid within forty-eight (48) hours from date of ruling.    
Name: NOE GARCIA Ruling Date: 12/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-259 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/8/2018 Suspension End:
Ruling Text: Jockey Noe Garcia Jr. is hereby summarily suspended, effective immediately December 8, 2018, for obtaining his Jockey license under false pretenses (submitted a falsified jockey's physical).

Noe Garcia Jr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC pending the outcome of his hearing December 17, 2018, @9:00 p.m. in the offices of the Board of Stewards at Zia Park Racetrack (3901 W. Millen Drive, Hobbs NM 88240) per 15.2.1.9 (B)(3)(b) Summary Suspension and 15.2.1.9 (C)(21)(a-b) Exclusion.

Licensee is found in violation of and this ruling is written in accordance: 16.47.1.12 (1) JOCKEYS Eligibility A jockey must pass a physical examination given within the previous 12 months by a licensed physician affirming fitness to participate as a jockey. The stewards may require that any jockey be reexamined and may refuse to allow any jockey to ride pending completion of such examination. 16.47.1.8(L)(1)(f) GENERAL PROVISIONS: Grounds for disciplinary measures for a licensee, and refusal, denial, suspension, or revocation of a license: The commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures, if the applicant: has been found to have made false or misleading statements to the commission, stewards, or any racing official. 15.2.1.9(B)(3)(a) Summary Suspension If the Stewards determine that a licensee’s action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing. 15.2.1.9 (B)(3)(b) Summary Suspension 16.47.1.8 (L)(1)(i) – Conduct The Commission may refuse to issue a license to an applicant, or may suspend or revoke a license issued, or order disciplinary measures if the applicant 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) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures

Name: NOE GARCIA Ruling Date: 12/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-259-MOD Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/8/2018 Suspension End:
Ruling Text: RE: 2018-ZIA-259 - Modified Ruling Issued in Error.
Name: LOUIS V RUBERTO Ruling Date: 12/7/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-098 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-098
                                                                                                                                
                                                                                                                                                                  Date: December 7, 2018
 
RULING INVOLVES: Owner/Trainer/Breeder, Luis Ruberto Jr.  
                                       License #7332, #7333, #2313
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Blood sample #847538 taken from horse “Mydrinkselection” which finished First (1st) in the Fifth (5th) race on Monday, October 29, 2018 at Mahoning Valley Race Course, Blood sample #847538 was found to contain Salicylic acid.
 
Blood sample #847538 was found to contain Salicylic acid at a concentration of (13.6) micrograms per milliliter of plasma and exceeds the regulatory Threshold of 6.5 micrograms per milliliter adopted by the Ohio State Racing Commission for Salicylic acid.   
   
As a result of this report, a hearing was conducted for Owner/Trainer Luis Ruberto Jr. in the Steward’s office on Tuesday, December 4, 2018. Mr. Ruberto Jr. gave permission to proceed with the ruling and agreed with the stewards finding for penalty (by telephone 12/7/18).
 
After considering all testimony and evidence presented at the hearing, Owner/Trainer Luis Ruberto Jr.  D.O.B.-05/21/1953, SSN-XXX-XX-7382, is hereby fined Five Hundred ($500.00) 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 “Mydrinkselection” is hereby disqualified from all purse monies and the Horsemen’s Bookkeeper shall make the proper adjustments as per OSRC Rule 3769-7-45 & Rule 3769-8-01 (B) (13).
 
 
This ruling does not affect the mutual payoff.
 
Fine and all fees have been paid.     
 
Name: JASON ANTHONY DACOSTA Ruling Date: 12/7/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-099 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-099                                                                                                                                
                                                                                                                                                                 
                                                                                                                                                                   Date: December 7, 2018
 
RULING INVOLVES: Owner/Trainer, Jason DaCosta   
                                       License #7123, #7124
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Blood sample #847529 taken from horse “Primo Extremo” which finished (1st) in the (4th) race on Saturday, October 27, 2018 at Mahoning Valley Race Course, Blood sample #847529 was found to contain Both Phenylbutazone & Ketoprofen.
 
Blood sample #868726 was found to contain both Phenylbutazone (0.49) and Ketoprofen (2.18). Both Phenylbutazone and Ketoprofen are non-steroidal anti-inflammatory drugs (NSAID) approved by the Ohio State Racing Commission for use in horses.  
However, the presence of more than one of the approved NSAID (e.g. Flunixin and Ketoprofen) in an official blood plasma sample is prohibited under the Ohio Thoroughbred Racing Rule 3769-8-01 (B) (1) (a).
 
 Mr. DaCosta waived his rights to a hearing and agreed with the Stewards findings for penalty.  
  
 
After considering all testimony and evidence presented, Owner/Trainer, Jason DaCosta, D.O.B. 07/11/1985, SSN-XXX-XX-6585, is hereby fined Five Hundred ($500.00) Dollars. 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.   
 
 
 
This ruling does not affect the mutuel payoff.
 
 
Fine to be paid within forty-eight (48) hours from date of ruling.  
 
Name: SHAUN WHEELER Ruling Date: 12/5/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-095 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/4/2018 Suspension End: 12/9/2018
Ruling Text:
Ruling No: 2018-095
                                                                                                                                
                                                                                                                                                                  Date: December 5, 2018
 
 
 
RULING INVOLVES:  Groom, Shaun Wheeler  
                                       License #2755
                                                                                                                          
Groom, Shaun Wheeler, DOB 05/14/1969, SSN XXX-XX-3637, is hereby suspended three (3) days from Tuesday, December 4, 2018 Wednesday, December 5, 2018, and Sunday, December 9, 2018 for testing positive on the breathalyzer (.96) on Tuesday, December 4, 2018 (1st offense).
 
Furthermore: Mr. Wheeler must blow into the breathalyzer every race day between (10;30-12:00).
 
 
Name: TROY GREEN Ruling Date: 12/5/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-096 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2018-096
                                                                                                                                
                                                                                                                                                                  Date: December 5, 2018  
 
RULING INVOLVES: Owner/Trainer, Troy Green    
                                       License # 10236, #10237  
                                                                                                                         
 Owner/Trainer, Troy Green, D.O.B. 04/29/1956, SSN-XXX-XX-1078, is hereby fined Two Hundred & Fifty ($250.00) Dollars. For not getting his horse “Daddy’s On Strike” tattooed to race. Causing a late scratch in the First (1st) Race December 5, 2018. Violation of and as per O.S.R.C. Rules #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule 3769-5-27 (B).     
 
 
Fine to be paid within forty-eight (48) hours of ruling date.
Name: WILSON C LANGLEY Ruling Date: 12/5/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-097 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-097
                                                                                                                                
                                                                                                                                                                  Date: December 5, 2018  
 
RULING INVOLVES: Owner/Trainer, Wilson Langley    
                                       License # 7039, #7040  
                                                                                                                         
 Owner/Trainer, Wilson Langley, D.O.B. 05/18/1939, SSN-XXX-XX-3679, is hereby fined Two Hundred & Fifty ($250.00) Dollars. For not getting his horse “Fort Minerva” tattooed to race. Causing a late scratch in the Ninth (9th) Race December 5, 2018. Violation of and as per O.S.R.C. Rules #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule 3769-5-27 (B).     
 
 
Fine to be paid within forty-eight (48) hours of ruling date.
Name: SONNY R LEON Ruling Date: 12/4/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-091 Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/10/2018 Suspension End: 12/24/2018
Ruling Text:
                                                                                                                                                   Ruling No: 2018-091
                                                                                                                                
                                                                                                                                                                  Date: December 4, 2018
 
 
 
RULING INVOLVES: Jockey, Sonny Leon
                                      License: #7874
                                                                                                                          
 Jockey, Sonny Leon, DOB-04/04/1990, SSN XXX-XX-2132, is hereby suspended Fifteen (15) calender days from Monday, December 10, 2018 through Monday, December 24, 2018, inclusive. Jockey Sonny Leon was extremely careless in the 6th race on Monday, November 26, 2018 where he guided his horse “Regal Ghost” from the 4 path into the 2 path at the 3/8 pole causing his horse to slam into #1 “Wicked Vicky” and her rider T.D.Houghton shutting her off and making her bounce off  the rail. He did not appear to pay attention or look to see if any horse was on his inside. This caused a disqualification from 1st place and placed 6th.   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: LUIS RAUL RIVERA Ruling Date: 12/4/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-092 Ruling Type: Appeal/Stay Denied, Withdrawn, or Waived
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 1/7/2019 Suspension End: 2/5/2019
Ruling Text:
Ruling No: 2018-092
                                                                                                                                
                                                                                                                                                                  Date: December 4, 2018
 
 
 
RULING INVOLVES: Jockey, Luis R. Rivera
                                       License: #6910
                                                                                                                          
Jockey, Luis R. Rivera, DOB 11/09/1978, SSN XXX-XX-6814, Subject of ruling #2018-021 and ruling #2018-021 (A) at J.A.C.K. Thistledown Racino, having dropped his appeal is hereby suspended (30) calendar days from Monday, January 7, 2019 through Tuesday, February 5, 2019. Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-7-42.    
 
 
 
During his suspension Mr. Rivera is denied privileges of the grounds of all race courses under the jurisdiction of the O.S.R.C. (Backside, Grandstand, and Racino).     
 
 
Name: jabdiel castillo Ruling Date: 12/4/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-093 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2018-093
                                                                                                                                
                                                                                                                                                                  Date: December 4, 2018
 
 
 
RULING INVOLVES: Groom/Owner, Jabdiel Castillo
                                       License: #2718, #9868
                                                                                                                          
Groom/Owner, Jabdiel Castillo, DOB 10/26/1990, SSN XXX-XX-5792, is hereby fined One Hundred ($100.00) for not taking care of his business in a proper manner (involved in a disturbance in the barn area). Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-2-05.    
 
 
 
Fine to be paid within forty-eight (48) hours of ruling date.      
 
 
 
 
 
 
Name: donaciano gonzalez Ruling Date: 12/4/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-094 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2018-094
                                                                                                                                
                                                                                                                                                                  Date: December 4, 2018
 
 
 
RULING INVOLVES: Owner, Donaciano Gonzalez
                                       License: #7292
                                                                                                                          
Owner, Donaciano Gonzalez, DOB 05/26/1962, SSN XXX-XX-6159, is hereby fined One Hundred ($100.00) for not taking care of his business in a proper manner (involved in a disturbance in the barn area). Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-2-05.    
 
 
 
Fine to be paid within forty-eight (48) hours of ruling date.      
 
 
Name: OLIVO INIRIO Ruling Date: 12/3/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-087 Ruling Type: Possession of Medication/Drugs/Contraband/Injectable(s)/Needle/Syringe
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 11/28/2018 Suspension End: 5/26/2019
Ruling Text:
Ruling No: 2018-087
                                                                                                                                
                                                                                                                                                                  Date: December 3, 2018
 
 
 
RULING INVOLVES: Owner/Trainer, Olivo Inirio
                                       License: #7144, #7145  
                                                                                                                           
A search of barn and tack room assigned to Owner/Trainer Mr. Olivo Inirio on Wednesday November 28, 2018 revealed one (1) syringe with needle attached-appears to have already been used, The search was performed by O.S.R.C. Chief Inspector Mark Peters, and Penn National Security Team, Dom Moltchan, Shane Banjeck. As a result of this search a hearing was conducted in the Steward’s office at Mahoning Valley Race Course for Owner/Trainer Olivo Inirio on Monday, December 3, 2018. Mr. Inirio was apprised of his rights and waived his rights to counsel (Mr. A. Landrau was present for interpretation). After considering all testimony and evidence at the hearing Owner/Trainer Olivo Inirio is hereby fined Five Hundred ($500.00) dollars and suspended for One Hundred and Eighty (180) days From Wednesday, November 28, 2018 (credited with 5 days served) through Sunday, May 26, 2019 inclusive for having the item that is aforementioned in this ruling.  Violation of & as per O.S.R.C., Rule#3769-4-24, Rule #3769-4-26, Rule #3769-5-30. Rule #3769-8-01, Rule #3769-8-07, and Rule #3769-8-02.   
 
All horse sales and transfers must be approved by the board of stewards at Mahoning Valley Race Course.
 
During his suspension Mr. Inirio 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 paid within forth-eight (48) hours as per OSRC Rule 3769-7-35.
 
Name: horse ruling2 Ruling Date: 12/1/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-090 Ruling Type: General/Miscellaneous Rulings
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 12/2/2018 Suspension End: 1/1/2019
Ruling Text:
                                                                                                                                                   Ruling No: 2018-090
                                                                                                                                
                                                                                                                                                                  Date: November 16, 2018
 
 
 
RULING INVOLVES: Horse, “Ronni’s Secret”
                                        
                                                                                                                          
The Horse “Ronni’s Secret” Tattoo #S18118, having bled bilaterally from the nostrils during the Second (2nd) Race on Saturday, December 1, 2018, is hereby placed on the Veterinarian’s list & may not be entered or raced for a period of Thirty (30) days (Sunday, December 2, 2018 through Tuesday, January 1, 2019 inclusive) (2nd Time in 365 days) without prior approval by the track Veterinarian. Violation of  & as per OSRC Rule # 3769-8-01.   
 
 
 
 
Name: emily szczepanski Ruling Date: 11/30/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-089 Ruling Type: Appeal/Stay Denied, Withdrawn, or Waived
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 12/1/2018 Suspension End: 12/30/2018
Ruling Text:
Ruling No: 2018-089
                                                                                                                                
                                                                                                                                                                  Date: November 30, 2018
 
 
 
RULING INVOLVES: Owner/Trainer/Ex. Rider, Emily Szczepanski
                                       License: #7221, #7222, #2238
                                                                                                                          
Owner/Trainer/Ex. Rider, Emily Szczepanski, DOB 04/10/1989, SSN XXX-XX-1119, Subject of ruling #2018-037 and ruling #2018-037 (A) at J.A.C.K. Thistledown Racino, having dropped her appeal is hereby suspended (30) calendar days from Saturday, December 1, 2018 through Sunday, December 30, 2018, and fined Five ($500.00) dollars to be paid by Monday, December 31, 2018. Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-7-42.    
 
 
Name: bradley hedges Ruling Date: 11/27/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-086 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:
Ruling No: 2018-086
                                                                                                                                
                                                                                                                                                                  Date: November 27, 2018
 
 
 
RULING INVOLVES: Starter, Bradley Hedges
                                       License: #6853
                                                                                                                          
Starter, Bradley Hedges, DOB-04/20/1957, SSN XXX-XX-5976, is hereby fined Five Hundred ($500.00) dollars for handling his business in an improper manner. Failure to report to the Stewards a gate malfunction in a timely manner on November 19, 2018 in the 7th race. Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-2-05, Rule #3769-6-38.    
 
 
 
Name: MANUEL ANTONIO MUNOZ Ruling Date: 11/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-241 Ruling Type: Trainer Responsibility
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:

Trainer, Manuel Munoz, 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 November 27, 2018. The hearing was in regard to Manuel Munoz failing to declare equipment (Flipping Halter ON) at time of entry for “EYE FOUND IT”, entered in the 10th race on October 27, 2018, at Zia Park Racetrack.

The Board of Stewards hereby fines Manuel Munoz in the amount of two hundred dollars ($ 200.00). The fine is to paid on or before December 27, 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:

15.2.5.8 (B)(10) Procedure For Entries Any approved change of equipment must be declared at time of entry. Any changes after that time must be approved by the stewards. 15.2.5.8 (B)(6) Procedure For Entries No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards 15.2.6.11(E)(11)Trainer Responsibility The trainer is responsible for ensuring proper bandages, equipment and shoes.

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

Name: ERNESTO ROJAS MEDELLIN Ruling Date: 11/26/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-238 Ruling Type: Falsification of License Application
Breed: Mixed Division: Mixed
Fine Amount: $ 200 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Owner ERNESTO RIOJAS MEDELLIN 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 November 26, 2018, for failing to disclose his complete criminal history on his licensing application.

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

Licensee is found to be in violation of and this ruling is written in accordance with: 16.47.1.8 (L)(1)(d) GROUNDS FOR REFUSAL, DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE.

15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Changes In Application Information / 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(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 EUGENE BAUMANN Ruling Date: 11/26/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-085 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-085
                                                                                                                                
                                                                                                                                                                  Date: November 26, 2018
 
 
 
RULING INVOLVES: Groom, Omar Baumann
                                       License: #2806
                                                                                                                          
Groom, Omar Baumann, DOB 04/24/1987, SSN XXX-XX-5976, is hereby fined Two Hundred & Fifty ($250.00) for not taking care of his business in a proper manner (aggressor in a disturbance in the barn area & disrespecting security officer in the dormitory). Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-2-05.    
 
 
 
Fine has been paid.     
 
 
 
Name: Ruben Leyba Ruling Date: 11/25/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-232 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 Ruben Leyba Jr was duly notified and waived his rights to a 10-day notice and formal hearing before the Board of Stewards on November 24, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the prohibited drug Ibupropfen (class 4 penalty category C MAJOR drug), found in test sample E290643. The test sample was taken from the SIXTH place finisher El Valle De Oro” following the 7th race on October 27, 2018, at Zia Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Ruben Leyba Jr.

Cesar D. Apodaca-Diaz, the owner of record for horse “El Valle De Oro”, was notified that his trainer, Ruben Leyba Jr, waived his rights to a 10-day notice and formal hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Cesar D. Apodaca-Diaz’s FIRST Class 4C MAJOR medication violation in a 365-day period .

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

    1. A ($1,000) one thousand dollar fine to paid on or before December 25, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time shall result in an immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards /15.2.6.9(C)(4) Medication Restrictions/15.2.6.11 (A)Trainer Responsibility/16.47.1.8(T)Knowledge of the Rules/ 16.47.1.10(B)(1)(2)(3) Absolute Insurer/ 16.47.1.8(U)(1) Protection of Horses/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: OLIVO INIRIO Ruling Date: 11/24/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-84 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-084
                                                                                                                                
                                                                                                                                                                  Date: November 24, 2018
 
 
 
RULING INVOLVES: Owner/Trainer, Olivo Inirio
                                       License: #7144, #7145  
                                                                                                                           
Owner/Trainer, Olivo Inirio, DOB 09/21/1952, SSN XXX-XX-2227, is hereby fined Two Hundred & Fifty ($250.00) dollars for not having the approval from the Starter (gate card) to enter for racing on his horse “Moonoverseba” necessitating a late scratch off the program in the Sixth (6th) Race on Wednesday, November 20, 2018. Violation of & as per O.S.R.C., Rule#3769-4-24, Rule #3769-4-26, Rule #3769-5-30.    
 
 
 
 
Fine to paid within forth-eight (48) hours as per OSRC Rule 3769-7-35.
 
 
 
 
Name: ajhari williams Ruling Date: 11/23/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-83 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-083
                                                                                                                                
                                                                                                                                                                  Date: November 23, 2018
 
 
 
RULING INVOLVES: Jockey, Ajhari Williams   
                                       License #7701
                                                                                                                           
Jockey, Ajhari Williams, DOB 05/17/1969, SSN XXX-XX-2211, is hereby fined One Hundred ($100.00) Dollars for not handling his business in a proper manner (Not reporting his weight properly to the clerk of scales). Violation of and as per Rule #3769-2-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-2-05, Rule #3769-06-23.       
 
 
 
 
   
 
Name: valerie shanyfelt Ruling Date: 11/20/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-82 Ruling Type: Appeal/Stay Denied, Withdrawn, or Waived
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 11/21/2018 Suspension End: 12/3/2018
Ruling Text:
                                                                                                                                                   Ruling No: 2018-082
                                                                                                                                
                                                                                                                                                                  Date: November 20, 2018
 
 
 
RULING INVOLVES: Owner/Trainer, Valerie Shanyfelt
                                       License #7913
                                                                                                                          
Owner/Trainer, Valerie Shanyfelt, DOB 02/01/1966, SSN XXX-XX-5826, Subject of ruling #2018-049 and ruling #2018-049 (a) at J.A.C.K. Thistledown Racino, having dropped her appeal is hereby suspended (15) days from Wednesday, November 21, 2018 through Wednesday, December 5, 2018, fined Five Hundred ($500.00) dollars and loss of purse (from horse “Flip Daddy” that finished (1st) in the (2nd) race on Monday, August 20, 2018 at J.A.C.K. Thistledown Racino). Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-7-42.    
 
The horseman’s bookkeeper may make the proper adjustments.
 
The Trainer (Valerie Shanyfelt), Owner (David Sadey) will stand suspended until all fees have been paid (fine, purse).   
 
 
 
Name: Dawn Monday Ruling Date: 11/19/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-80 Ruling Type: Race Office/Track Rule Violation
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2018-080
                                                                                                                                
                                                                                                                                                                  Date: November 19, 2018
 
 
 
RULING INVOLVES:  Jockey Agent, Dawn Monday  
                                       License #9932
                                                                                                                          
Jockey Agent, Dawn Monday, DOB 10/16/1975, SSN XXX-XX-4756, is hereby fined ($100.00) Dollars for not checking riders on at scratch time on November 19
, 2018 after being warned previously. Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10).    
 
 
Fine to be paid within 48 hours  
 
 
 
 
 
 
Name: JEFFERY CHARLES BROOKS Ruling Date: 11/13/2018
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: RETA3483 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 4/20/2019 Suspension End: 5/4/2019
Ruling Text: Upon being duly noticed, Owner/Trainer Jeffery Brooks signed a split-sample waiver form and appeared in a hearing before the Lone Star Park Board of Stewards on 11/07/18. The Stewards hearing was held in the matter of a positive class 4 Firocoxib at 24.3 +/- 1.8 ng/mL in serum for Sample RP044618. The horse PAULABIGHIPS was the second place finisher in the second (2nd) race at Retama Park on 08/31/18.

After consideration of all evidence and testimony presented, the Lone Star Park Board of Stewards fine Owner/Trainer Jeffery Brooks five hundred (500.00) dollars and suspend his TxRC occupational license #37922 for fifteen (15) days (04/20/19 through 05/04/19). During the term of this suspension Owner/Trainer Jeffery Brooks is denied access to all facilities under the jurisdiction of the Texas Racing Commission. Horses owned and/or trained by Jeffery Brooks are denied entry pending sale or transfer to a party approved by the Board of Stewards. First violation in 365 days.

The horse PAULABIGHIPS is disqualified and declared unplaced as follows:

1.) Shineys Prize 2.) Bust Em Bok 3.) Marsha Girl Lou 4.) Vodka Black Duck 5.) Presidente 6.) PF Lucky Billy disqualified Paulabighips (unplaced)

Name: KEVIN RICHARD MONDAY Ruling Date: 11/7/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-72 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
ruling no 2018-072
date november 7 2018
 
ruling invoves owner trainer kevin Monday (license #7792,7971)
 
trainer kevin Monday, dob 8/11/1976 ssn xxx-xx-6872, is hereby fined $100 for causing the late scratch of the horse tis all biz in the 4th race at mahoning valley race course on november 6, 2018. The horse was ineligible ro race because he lacked sufficient workouts.
 
fine to be paid within forty-eight horuse per osrc rule #3769-7-35
 
signed by board of stewards daryl parker, lori dinoto, vincent clark
Name: DAVID ALLEN ST. CLAIR Ruling Date: 11/5/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-70 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
ruling no 2018-070
dated november 5 2018
 
involves david st clair license #7201
 
trainer david st clair, dob 2/2/81, ssn xxx-xx-1843, is hereby fined $100 for causing the late scratch of the horse denim blue in the 9th race at mahoning valley race course on november 3, 2018.
 
fine to be paid within foreight hourse per osrc rule #3769-7-35
 
signed by board of stewards daryl parker, lori dinoto, vincent clark
Name: VICTOR MANUEL LEBRON Ruling Date: 11/5/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-71 Ruling Type: Failure to Honor Declaration/Engagement
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
ruling #2018-071
date november 5, 2018
 
ruling involves jockey victor lebron license #10392
 
jockey victor lebron, dob 07/21/1984, sss xxx-xx-1409, is hereby fined $100 for failure to fulfill his riding commitment on Saturday november 3, 2018, causing a late program change in the first race.
 
fine to be paid within fortyeight hourse per osrc rule #3769-7-35
 
signed by board of stewards daryl parker, lori dinoto, vincent clark
Name: keivan serrano Ruling Date: 11/1/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-69 Ruling Type: Failure to Follow Facility Regulations
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
ruling 2018-069
november 1 2018
 
ruling involves: jockey keivan serrano licen #7645
 
keivan serrano xxx-xx-6323 is hereby fined $100 and is ordered NOT to carry a whip when exercising horses in the morning at mahoning valley race course.
 
mr. Serrano violated osrc rule #3769-6-66(g) concerning misuse of the whip.
 
signed by board of stewards, daryl parker, lori dinoto, vincent clark
Name: JAMES K CHAPMAN Ruling Date: 10/30/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-66 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-066
                                                                                                                                
                                                                                                                                                                  Date: October 30, 2018
 
 
 
RULING INVOLVES: Owner/Trainer, James K. Chapman
                                       License #7355, #7356
                                                                                                                          
Owner/Trainer, James K. Chapman, DOB 09/11/1971, SSN XXX-XX-8819, is hereby fined One Hundred ($100.00) for failing to have the Jockey Club Registration Certificate (foal papers) on file for the horse “Awesomeradicaldude” necessitating late scratch in the (3rd) Race on Friday, October 26, 2018. Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-5-27 (C), Rule # 3769-5-45 (C).    
 
 
 
    
Name: ISRAEL GARCIA Ruling Date: 10/30/2018
Jurisdiction: Ohio Racing Commission Facility: Mahoning Valley Race Course
Ruling Number: 2018-MVRC-67 Ruling Type: Necessitating a Late Scratch
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
                                                                                                                                                   Ruling No: 2018-067
                                                                                                                                
                                                                                                                                                                  Date: October 30, 2018
 
 
 
RULING INVOLVES: Owner/Trainer, Israel Garcia
                                       License #7285, #7286
                                                                                                                          
Owner/Trainer, Israel Garcia, DOB 10/27/1980, SSN XXX-XX-1457, is hereby fined Two Hundred & Fifty($250.00) Dollars for not bringing his horse “Olympic Smoke” to the paddock to race on Saturday, October 27, 2018 (2nd) race necessitating late scratch and a mutual refund. Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule #3769-2-05, Rule #3769-5-45, Rule #3769-5-31.    
 
 
 
Fine to be paid within forty-eight hours as per OSRC Rule #3769-7-35.     
 
 
Name: JOSEPH MICHAEL DAVIS Ruling Date: 11/1/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23095 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Failed to have a change of equiptment card on file for his scheduled starter Tee Magica in the 2nd race October 25, 2018 at Evangeline Downs.
Name: RUBEN BARRAGAN CAMACHO Ruling Date: 2/20/2019
Jurisdiction: Oregon Racing Commission Facility: Portland Meadows
Ruling Number: PM18-033-REST Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/24/2018 Suspension End: 2/20/2019
Ruling Text: RE: PM18-033 - Restored to Good Standing
Name: RUBEN BARRAGAN CAMACHO Ruling Date: 10/24/2018
Jurisdiction: Oregon Racing Commission Facility: Portland Meadows
Ruling Number: PM18-033 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/24/2018 Suspension End: 2/20/2019
Ruling Text: Immediate suspension on 10/24/18. Tested positive for methamphetamine. Hearing was held November 4, 2018, awaiting the stewards decision.
Name: valerie shanyfelt Ruling Date: 10/19/2018
Jurisdiction: Ohio Racing Commission Facility: Thistledown
Ruling Number: 2018-TDN-58 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Ruling No: 2018-058                                                                                                                                
                                                                                                                                                                 
                                                                                                                                                                   Date: October 19, 2018
 
RULING INVOLVES: Trainer, Valerie Shanyfelt   
                                       License #9713
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Blood sample #869618 taken from horse “Crafty Chief” which finished (1st) in the (6th) race on Tuesday, September 11, 2018 at J.A.C.K. Thistledown Racino, Blood sample #869618 was found to contain Both Flunixin & Phenylbutazone.
 
Blood sample #869618 was found to contain both Flunixin (3.7) and Phenylbutazone (0.85). Both Flunixin and Phenylbutazone are non-steroidal anti-inflammatory drugs (NSAID) approved by the Ohio State Racing Commission for use in horses.  
 
However, the presence of more than one of the approved NSAID (e.g. Flunixin and Phenylbutazone) in an official blood plasma sample is prohibited under the Ohio Thoroughbred Racing Rule 3769-8-01 (B) (1) (a).
 
 Ms. Shanyfelt waived his rights to a hearing and agreed with the Stewards findings for penalty.
  
 
After considering all testimony and evidence presented, Trainer, Valerie Shanyfelt, D.O.B 02/01/1966, SSN-XXX-XX-5826, is hereby fined Five Hundred ($500.00) Dollars. 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.   
 
 
 
This ruling does not affect the mutuel payoff.
 
 
Fine has been paid.  
 
Name: CARLOS H ACOSTA Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-55 Ruling Type: Failure to Pay Fine or Fees
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 10/16/2018 Suspension End:
Ruling Text: Owner/trainer CARLOS ACOSTA,JR is hereby suspended, effective immediately October 16, 2018, for failing to pay the fines ($5,750) assessed in Rulings 2018-DAA-44, 2018-DAA-42,2018-SRP-105.

During said time of applicable suspension CARLOS ACOSTA,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 trained or owned by or under the care and custody of CARLOS ACOSTA,J are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by or under the care and custody of CARLOS ACOSTA,J must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

Name: JACKIE E. SANCHEZ Ruling Date: 10/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-42-FO Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 10/13/2018 Suspension End: 12/11/2018
Ruling Text: RE: 2018-ZIA-42 - Ruling Final Outcome Trainer Jackie Sanchez was summarily suspended on October 13, 2018 and appeared for a summary suspension hearing, before the Board of Stewards on October 16, 2018, where she waived her rights to a 10-day notice and formal hearing. The hearing was in regards to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the therapeutic medication “Methylprednisolone” (class 4 penalty C Major) and the controlled substance and prohibited drug (class 3 penalty B) “clenbuterol” detected in the urine of horse “CLASSEE” (Test Sample #: E290286), who finished second place in the 4th race on September 29, 2018, at Zia Park Racetrack.

The original lab report indicated a finding of Methylprednisolone at 228±21 pg/ml in the blood, which exceeds the authorized medication limit of 100 pg/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 Jackie Sanchez.

Ivan Nunez is the owner of record for horse “CLASSEE” and this is his FIRST Class 4C Major and Class 3B medication violation in a 365-day period.

For Jackie Sanchez’s FIRST Class 4C Major and Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty, issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations, as follows:

        1. A 60 day suspension of all NMRC licenses retroactive from the summary suspension, October 13, 2018, through December 11, 2018, inclusive.
        2. (Clenbuterol) A (1,000.00) one thousand dollar fine to paid on or before November 16, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
        3. (Methylprednisolone) A (1,000.00) one thousand dollar fine to paid on or before November 16, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time shall result in an immediate suspension.
        4. Per 15.2.3.8 (B)(3)(j), the Board of Stewards hereby refer Jackie Sanchez to the New Mexico Racing Commission for further action if deemed appropriate
During said time of applicable suspension Jackie Sanchez is hereby excluded from all areas of the grounds under the jurisdiction of the NMRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned or trained by, or under the care of Jackie Sanchez are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses trained or owned by, or in the care and custody of Jackie Sanchez must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION, and 16.47.1.10(D)(5)Assistant Trainers. Licensee is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations /16.47.1.8(T)Knowledge Of The Rules/ 16.47.1.8(U)(1) Protection of Horses/ 16.47.1.10(B) (1)(2)(3)Absolute Insurer/ 15.2.6.11 (A)(B)Trainer Responsibility 15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check.
Name: JACKIE E. SANCHEZ Ruling Date: 10/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2018-ZIA-42 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 10/13/2018 Suspension End: 12/11/2018
Ruling Text: Trainer, Jackie E. Sanchez, is hereby summarily suspended, effective immediately, October 13, 2018 pending the outcome of her hearing on October 16, 2018, @ 9:00a.m in the office of the Board of Stewards at Zia Park Racetrack (3901 W. Millen Drive, Hobbs Nm.), per 15.2.1.9 (B)(3)(b) Summary Suspension. The summary suspension was in regard to the confirmed positive of the Class 3 Controlled Substance, clenbuterol, found test sample #E290286 taken from the second place finisher (trained by Jackie E. Sanchez), “CLASSEE”, in the 4th race on September 29, 2018, at Zia Park Racetrack.

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

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

Name: JOSEPH MICHAEL DAVIS Ruling Date: 10/17/2018
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 23060 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 1000 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Clenbuterol was reported at 1601pg/ml in post-race urine and 9.7 pg/ml in post race sample FG34199 taken from “Pieper”, winner of race 6, September 7, 2018, at Fair Grounds Race Course. Upon notification, Trainer Joseph Davis declined his right to have the split portion tested and waived his right to a formal stewards’ hearing. The stewards concluded that the sample contained Clenbuterol above the permitted level and this is an ARCI category III drug violation. Trainer Robert Meche is hereby fined $1000 and “Pieper” is disqualified and declared unplaced and the purse ordered redistributed.
Name: valerie shanyfelt Ruling Date: 9/22/2018
Jurisdiction: Ohio Racing Commission Facility: Thistledown
Ruling Number: 2018-TDN-49 Ruling Type: Medication/Drug Violation - Animal
Breed: Thoroughbred Division: Horse
Fine Amount: $ 500 Fine Paid: N
Suspension Start: 11/21/2018 Suspension End: 12/3/2018
Ruling Text:
Ruling No: 2018-049                                                                                                                                
                                                                                                                                                                 
         APPEALED AND APPLEAL WITHDRAWN                                                                                                                                                          Date: September 22, 2018
 
RULING INVOLVES: Trainer, Valerie Shanyfelt  
                                       License #7913
                                                                                                                          
The Ohio State Racing Commission is in receipt of a report from the Department of Agriculture Analytical Laboratory stating that Blood sample #869502 taken from horse “Flip Daddy” finisher first (1st) in the (2nd) race on Monday, August 20, 2018 at J.A.C.K. Thistledown Racino, Blood sample #869502 was found to contain Hydrochlorothiazide, a class 4B, which has no permissible levels in a post-race test.  
 
Ms, Shanyfelt waived her rights to a formal hearing and agreed with the Stewards findings for penalty. (Telephone, 9/15/2018).   
 
After considering all testimony and evidence presented, Trainer, Valerie Shanyfelt, D.O.B 02/01/1966, SSN-XXX-XX-5826, is hereby suspended fifteen (15) days From Thursday, September 20 through Thursday October 4, 2018 inclusive, fined Five Hundred ($500.00) 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 horseman’s bookkeeper may make the proper adjustments.
 
This ruling does not affect the mutuel payoff.
 
Fine to be paid within forth-eight (48) hours of ruling date.
 
 
Name: CARLOS O. ALVIDREZ Ruling Date: 8/25/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-135 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Carlos Alvidrez was duly notified and appeared with translator Joel Valeriano for a hearing before the Board of Stewards on August 25, 2018. The hearing was in regard to a confirmed positive for the therapeutic drugs Dexamethasone (class 4 penalty category C MAJOR drug), Phenylbutazone, and Flunixin (a stacking violation for class 4 Penalty C minor, 15.2.6.9(N)(6)NSAIDS), found in test sample E282400. The test sample was taken from the second place finisher Mountain Party” following the 1st race on June 29, 2018, at Ruidoso Downs, NM.

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

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

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

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

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

Name: emily szczepanski Ruling Date: 8/21/2018
Jurisdiction: Ohio Racing Commission Facility: Thistledown
Ruling Number: 2018-TDN-37 Ruling Type: Claiming Irregularities
Breed: Thoroughbred Division: Horse
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 8/29/2018 Suspension End: 10/27/2018
Ruling Text:
Ruling No: 2018-037
                                                                                                                                
   APPEALED                                                                                                                                                               Date: August 21, 2018
 
 
 
RULING INVOLVES: Owner/Trainer/Ex.Rider, Emily Szczepanski
                                       License #7698
  
An investigation was performed by Chief Investigator M. Peters about Ms. Szczepanski being involved in claiming horses for another trainer that was suspended. A hearing was held on Saturday  August 11, 2018 Ms. Szczepanski was sworn in and waived his rights to counsel and was represented By H.B.P.A. Director D. Basler (by Phone) & M. Doering.                                                                                                                        
Ms. Szczepanski received funds from Mr. N. “Nabu Morales when he transferred Five Thousand ($5,000) Dollars from his wife’s account to her account, while he was under suspension, to her account to claim the horse “Can’t Remember” on June 13, 2018 out of the 7th-Race. Ms. Szczepanski took the horse to Mr. Morale’s barn instead of her barn to be stabled and trained using Mr. Morale’s equipment and employees. (Weeks until Mr Peters told her to move to her barn).
 
Also on June 12, 2018, Ms. Szczpanski claimed the horse “If You Believe” out of the 7th-race for owner W. Montoney, That horse was also stabled and trained from Mr. Morales barn using his equipment and employees, while he was under suspension and raced from there after he returned, without any trainer transfers on either horse from Ms. Szczpanski to Mr. Morales. (Weeks until Mr. Peters told her to move to her barn).   
 
Ms. Szczpanski made false statements to the board and gave false and misleading documentation.
 
The Stewards conclude that this was a case of hidden ownership, on “Can’t Remember” and program training on both horses. (As Per Rule #3769-5-21)
Owner/Trainer/ Ex. Rider, Emily Szczpanski, DOB 04/10/1989, SSN XXX-XX-1119, is hereby fined One Thousand (1,000.00) Dollars and suspended (60) calendar days from Wednesday August 29, 2018 through Friday October 27, 2018 inclusive. (2nd offence)
 
Violation of & as per O.S.R.C., Rule #3769-4-24, Rule #3769-4-26, Rule #3769-2-26 (A) (10), Rule 3769-2-05.
 
Fine to be paid in forty-eight (48) hours.  
 
 
 
 
Name: JESUS MARIA SOTO Ruling Date: 8/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-61 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 8/11/2018 Suspension End: 9/10/2018
Ruling Text: Owner and Trainer: Jesus M. Soto., having been duly notified, and appeared telephonically before the Board of Stewards, waived his right to a hearing, on August 8, 2018, regarding a confirmed positive test for the Class III drug “Clenbuterol”, in sample E276260, after it was collected from the horse “Kissin Coronas” which finished 2nd in the 1st race, July 1, 2018, at the Downs at Albuquerque Race Track; Jesus M. Soto waived his rights to a hearing. (The original lab report indicated a finding of Clenbuterol in the urine. Split sample rights, as provided in 15.2.6.10(D) NMAC were offered and refused.

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

For this a First - Class 3B medication violation the Board of Stewards assessed to Jesus M. Soto a penalty as follows.

      1. A 30 day suspension of all NMRC licenses starting August 11, 2018, through September 9, 2018, inclusive.
      2. Seven hundred and fifty ($750.00) dollar fine to paid on or before September 7, 2018, in accordance with 15.2.1.9(B)(7)(f) NMAC and 15.2.3.8 (B)(3)(l) NMAC: Failure to pay fine in prescribed time will result in 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 “Kissin Coronas” is placed on the Stewards list for a minimum period of 60 days (beginning July 17 , 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until it passes a commission approved veterinary examination with a negative blood and urine test.
      4. The horse “Kissin Coronas” is hereby disqualified from Second Place and ordered unplaced from the 1st race on July 1, 2018 at the Downs at Albuquerque Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                  1. My Hearts Princess
                  2. Afirstvalianthero
                  3. Chicka Chicka
                  4. Lion Speed
                  5. Venetian Paradise
                  6. Essohess
                  7. Jess Dungarees
Unplaced “Kissin CoronasThis ruling is written in accordance with: 15.2.6.11(A) NMAC: Trainer Responsibility and 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party." 15.2.3.8(B)(3)(k) NMAC: Which states in pertinent part that “Purses, prizes, awards and trophies shall be redistributed if the Stewards or Commission order a change in the official order of finish.” 15.2.5.13(E)(4)(d) NMAC: Which states in pertinent part that “The Stewards may determine that a horse shall be unplaced for purpose of the purse distribution and trial qualification.” 15.2.1.9(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: JOSHUA MILLER DOLLINGER Ruling Date: 8/3/2018
Jurisdiction: West Virginia Racing Commission Facility: Charlestown
Ruling Number: 2018-CT-61 Ruling Type: Fined
Breed: Thoroughbred Division: Horse
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Joshua Dollinger Permit #14126; DOB 08/12/1985 is hereby fined ($250.00) Two Hundred Fifty Dollars for smoking in the shedrow in violation of W.V. Rule of Racing 178-1- 23.2.b. which reads No person shall smoke in stalls, feed rooms, under shed rows, on the track running surface or in any other “no smoking” area of the association’s grounds as identified by the association or the Racing Commission; Mr. Dollinger was seen on PGNI surveillance smoking in the shedrow on July 10, 2018 All fines imposed by the Stewards shall be paid to the Racing Commission within Seven (7) days after the ruling is issued, unless otherwise ordered by the Stewards, Per West Virginia Rule of Racing Number 178-1-8.5.n. You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the Commission Office within 20 days of your receipt of this ruling and must include a security fee in the amount of Five-Hundred ($500.00) Dollars.
Name: IRVING JOEL FOURNIER Ruling Date: 7/30/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-96 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 8/9/2018 Suspension End: 9/23/2018
Ruling Text: Trainer Irving Fournier 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 July 30, 2018. The hearing was in regard to a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC) for a confirmed positive for the (class 3 penalty B) drug “Albuterol” in horse “Mr. Moo” (Test Sample #: E282220) who finished SECOND place in the 10th race on June 22, 2018, at Ruidoso Downs in Ruidoso, NM.

The certificate of analysis detected “Albuterol” at a level of 309 ng/ml in the urine, which exceeds the authorized limit of 1 ng/ml in urine (15.2.6.9 NMAC attachment #2). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Irving Fournier.

Cesar Mendoza, the owner of record for horse “Mr. Moo”, was duly notified and failed to appear for this hearing. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, This Cesar Mendoza’s FIRST Class 3B medication violation in a 365-day period.

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

    1. A 45 day suspension of all NMRC licenses starting August 9, 2018, through September 22, 2018, inclusive.
    2. A ($750) seven hundred and fifty dollar fine to paid on or before August 30, 2018. In accordance with 15.2.3.8 (B)(3)(l) NNRC, failure to pay the fine in the prescribed time may result in an immediate suspension.

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

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

Name: CHRISTOPHER GERARD ZAMORA Ruling Date: 7/29/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-94 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 250 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Trainer Chris Zamora was duly notified and waived his right to a 10 day notice and formal hearing before the Board of Stewards on July 29, 2018, regarding a certificate of analysis from Industrial Laboratories (official testing laboratory for the NMRC). The certificate of analysis was for a confirmed positive for the therapeutic drug, Phenylbutazone (class 4 penalty category C MINOR drug) found in test sample E282551 taken from the 1st place finisher WRAPPED” following the 8th race, on July 13, 2018, at Ruidoso Downs Racetrack in Ruidoso NM.

The certificate of analysis indicated a finding of Phenylbutazone at 3.54 ±.36 micrograms per milliliter in the blood, which exceeds the allowable limit of 2.0 micrograms per milliliter in the blood. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Chris Zamora.

Joe Ducan, the owner of record for horse “WRAPPED”, was telephonically notified that his trainer waived his right to a formal hearing on July 29, 2018. This is Joe Ducan’s FIRST Class 4C MINOR medication violation in a 365-day period.

For Chris Zamora’s FIRST Class 4C MINOR medication violation in a 365-day period, the Board of Stewards hereby assess a ($250) two hundred and fifty dollar fine to be paid on or before August 29, 2018, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay the fine in the prescribed time may result in an immediate suspension.

Licensee is found to be in violation of and this ruling is written in accordance with: 15.2.3.8(B)(1)(3)(f)Stewards/ 15.2.6.9(C)(1)Medication Restrictions/ 15.2.6.11(A)Trainer Responsibility/ 16.47.1.10(B)(1-3)Absolute Insurer/ 15.2.6.9(B)Penalty Recommendations

Name: CARLOS H ACOSTA Ruling Date: 7/28/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-44 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 3000 Fine Paid: N
Suspension Start: 9/25/2018 Suspension End: 1/23/2019
Ruling Text: Trainer: Carlos Acosta Jr, having been duly notified and having responded telephonically before the Board of Stewards on July 27, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “Jayhoon” ( Test Sample #: NM 31259), who finished 1st in the 5th race on June 1, 2018 at SunRay Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded and confirmed.

Cesar Nunez, is the owner of record for horse “Jayhoon”.

Carlos Acosta Jr. is found in violation of 15.2.6.9(C)(1) : prima facie evidence Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(4) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

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

    1. A 120 day suspension of all NMRC licenses starting September 25, 2018, through January 22, 2019, inclusive. These dates are associated with other rulings, and will become effective immediately if those rulings are amended
    2. ($3000.00) Three Thousand dollar fine to paid on or before August 26, 2018, in accordance with 15.2.3.8 (B)(3)(l) . Failure to pay fine in prescribed time will result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7), 15.2.6.9(C)(5)(c), 15.2.6.9(C)(4),the horse “Jayhoon” is placed on the Stewards list for a minimum period of 60 days (beginning June 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.
During said time of applicable suspension, Carlos Acosta Jr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Carlos Acosta Jr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) .

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

Name: CARLOS H ACOSTA Ruling Date: 7/27/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-42 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: N
Suspension Start: 7/27/2018 Suspension End: 9/25/2018
Ruling Text: Trainer: Carlos Acosta Jr, having been duly notified and having responded telephonically, waived his right to a hearing before the Board of Stewards on July 27, 2018, regarding a lab report from UC Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in horse “American Politics” ( Test Sample #: NM 31255), who finished 1st in the 3rd race on June 1, 2018 at SunRay Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded and confirmed.

Cesar Nunez, is the owner of record for horse “American Politics”.

Licensee is found in violation of 15.2.6.9(C)(1) : prima facie evidence Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(4) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

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

    1. A 60 day suspension of all NMRC licenses starting July 27, 2018, through September 24, 2018, inclusive.
    2. ($2000.00) Two Thousand dollar fine to paid on or before August 26, 2018, in accordance with 15.2.3.8 (B)(3)(l) . Failure to pay fine in prescribed time will result in an immediate suspension.
    3. Pursuant to rules 15.2.3 (B)(9)(a)(e), 15.2.6.9(C)(7), 15.2.6.9(C)(5)(c), 15.2.6.9(C)(4),the horse “American Politics” is placed on the Stewards list for a minimum period of 60 days (beginning June 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.
During said time of applicable suspension, Carlos Acosta Jr. is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21)(a-b). Additionally, effective upon applicable suspension dates, all horses owned or trained, or under the care of Carlos Acosta Jr. are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) .

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

Name: JUAN RAMON MERAZ Ruling Date: 7/21/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-74 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 7/31/2018 Suspension End: 10/29/2018
Ruling Text: Trainer Juan R. Meraz was duly notified and appeared for a hearing before the Board of Stewards on July 21, 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 “Royal Speed” (Test Sample #: NM33148), who finished 2nd place in the 2nd race on June 8, 2018, at Ruidoso Downs in Ruidoso, NM. Split sample rights as provided in 15.2.6.10 (D) , were afforded to Juan R. Meraz. However, horse “Royal Speed” failed to provide a sufficient amount of sample (which is required for the split sample), in accordance with 15.2.6.10 (B)(3)Sample Collection and 15.2.6.9(C)(1) Prima Facie Evidence the entire specimen was sent to UC DAVIS.

Abelardo Chavez, the owner of record for horse “Royal Speed”, was duly notified and failed to appear for this hearing. This is Abelardo Chavez’s FIRST Class 3B medication violation in a 365-day period.

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

    1. A 90 day suspension of all NMRC licenses starting July 31, 2018, through October 28, 2018, inclusive.
    2. A ($2,000.00) two thousand dollar fine to paid on or before August 21, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay the fine in the prescribed time may result in an immediate suspension.

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

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

Name: JEVIAN TOLEDO Ruling Date: 7/21/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 43-2018 DEL Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/20/2018 Suspension End: 8/26/2018
Ruling Text: July 21, 2018

Delaware Park Stewards Ruling

(43-2018)

Jockey Jevian Toledo, DOB: 08/20/1994, RCI ID: 1959074, is suspended for seven (7) calendar days, from Tuesday, July 24, through and including Monday, July 30, 2018, for careless riding in the fifth race on Thursday, July 19, 2018 . Refer to D.T.R.C. Rules 3.3, 14.16, and 17.4.5.

Name: JEVIAN TOLEDO Ruling Date: 7/23/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 43-2018 DEL-ASG Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/20/2018 Suspension End: 8/26/2018
Ruling Text: RE: 43-2018 DEL - Appeal Stay Granted Pending the Appeal Process
Name: JEVIAN TOLEDO Ruling Date: 8/20/2018
Jurisdiction: Delaware Thoroughbred Racing Commission Facility: Delaware Park
Ruling Number: 43-2018 DEL-AWD Ruling Type: Careless/Unsafe/Improper Riding or Driving
Breed: Thoroughbred Division: Horse
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 8/20/2018 Suspension End: 8/26/2018
Ruling Text: RE: 43-2018 DEL - Appeal Withdrawn

August 20, 2018

Delaware Park Stewards Ruling

(57-2018)

Jockey Jevian Toledo, DOB: 8/20/1994, RCI ID: 1959074, having withdrawn his appeal in regards to Stewards ruling 43-2018, is hereby suspended seven calendar days from Monday, August 20, through and including Sunday, August 26, 2018. Refer to D.T.R.C. Rules 3.3, 3.4.1.17, 14.16, and 17.4.5.

Name: Ruben Leyba Ruling Date: 7/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-30 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 7/23/2018 Suspension End: 8/22/2018
Ruling Text: Trainer: Ruben Leyba was duly notified and waived his right to a hearing before the Board of Stewards on July 11, 2018. The hearing was in regard to a certificate of analysis from U C 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 “Rg Miracle” (Test Sample #: NM30682), who finished in 2nd place in the 7th race on May 4, 2018, at SunRay Park Racetrack. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded and declined. Shirley Grisham and Lilly Leyba, are the owners of record for horse “Rg Miracle”, and was duly notified..

Ruben Leyba is found in violation of and ruling written in accordance with: 15.2.3.8(B)(1)(3)(f)(g)(j)Stewards/ 15.2.6.9(C)(1)(4)Medication Restrictions/ 15.2.6.11(A) Trainer Responsibility/ 15.2.6.9(B)(2) Penalty Recommendations

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

    1. A 30 day suspension of all NMRC licenses starting July 23, 2018, through August 21, 2018, inclusive.
    2. A ($750.00) Seven Hundred Fifty Dollar fine to paid on or before August 13, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time will result in immediate suspension.

During said time of applicable suspension Ruben Leyba 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 Ruben Leyba 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 Ruben Leyba must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances , 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION, and 16.47.1.10(D)(5)Assistant Trainers.

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: LILLY A LEYBA Ruling Date: 7/13/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-33 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Lilly Leyba was duly notified and waived his right to a hearing before the Board of Stewards on July 11, 2018. The hearing was in regard to a certificate of analysis from U C Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected in the horse “Rg Miracle” (Test Sample #: NM30682), who finished in 2nd place in the 7th race on May 04, 2018, at Sunray Park Racetrack in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined.

Ruben Leyba Jr, was the trainer of record for horse “Rg Miracle”, and was duly notified.

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) Penalty Recommendations 15.2.1.9(B)(9)(b):

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

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Rg Miracle” is placed on the Stewards list for a period of 60 days (beginning May 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. In accordance with 15.2.5.13(E)(4)(d) Purse Redistribution, The horse “Rg Miracle” is hereby disqualified from second place and ordered unplaced from the 7th race on May 04, 2018, at Sunray Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Cartels Star Daddy
                2. Go Daddy Gone
                3. Daddy Queen Cartel
                4. First Note Medley
                5. Passemupjesse
                6. Pjs Gonna Ro
                7. Heza Wild Dragon
                8. Jess Bordeaux
                9. First Moon Fire
Unplaced “Rg Miracle” Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check.
Name: EMILIO CADENA Ruling Date: 7/9/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-55 Ruling Type: Financial Obligation/Restoration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/9/2018 Suspension End: 9/23/2018
Ruling Text: Trainer Emilio Cadena III was duly notified and responded telephonically before the Board of Stewards on July 9, 2018, at Ruidoso Downs. The hearing was in regards to a court default judgment (3rd Judicial District State of New Mexico County of Dona Ana) for an outstanding financial obligation to trainer Fred Danley in the amount of $23,000.

The Board of Stewards hereby order that any/all New Mexico Racing Commission licenses issued to Emilio Cadena III be suspended starting July 9, 2018, and that he be deemed ineligible for any future licensing in New Mexico until such time that full payment is made to Fred Danley in the amount of $23,000. .

During said time of applicable suspension Emilio Cadena III 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 Emilio Cadena III are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c). All transfers and sales of horses owned, trained, or under the care of Emilio Cadena III must be done in accordance with 15.2.6.9A(12)(a)(b) Medication and Prohibited Substances, 16.47.1.10 (D)(5)Assistant Trainers and 15.2.1.9(B)(8)(b) DUE PROCESS AND DISCIPLINARY ACTION.

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

16.47.1.8 L (1)(J) NMAC: Grounds For Refusal, Denial, Suspension, or Revocation of License 16.47.1.8 (I): Financial Responsibility 16.47.1.8 (L)(1)(i) – CONDUCT 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: EMILIO CADENA Ruling Date: 9/23/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2018-RUI-55-REST Ruling Type: Financial Obligation/Restoration
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 7/9/2018 Suspension End: 9/23/2018
Ruling Text: RE: 2018-RUI-55 - Restored to Good Standing Court Order see Emilio Cadena Jr
Name: JULIO C CABALLERO Ruling Date: 8/1/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-25-MOD Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2018-DAA-25 - 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. Owner Julio Cabellero was duly notified and waived his right to a hearing telephonically before the Board of Stewards on July 07, 2018. The hearing was in regard to a certificate of analysis from U C Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” and Stanozolol the metabolite of 16-hydroxy-stanozolol detected in the horse “Flash of Victory” (Test Sample #: NM32272), who finished in 1st place in the 7th race on May 11, 2018, at Sunray Park Racetrack in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined. Michael Megariz Jr, was the trainer of record for horse “Flash of Victory”, and was duly notified. 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) Penalty Recommendations 15.2.1.9(B)(9)(b): For Julio Cabellero first Class 3B medication violation in a 365-day period, the Board of Stewards hereby assess a penalty issued in accordance with 15.2.6.9 (B)(2) Penalty Recommendations as follows: 1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Flash of Victory” is placed on the Stewards list for a period of 60 days (beginning May 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. In accordance with 15.2.5.13(E)(4)(d) Purse Redistribution, The horse “Flash of Victory” is hereby disqualified from first place and ordered unplaced from the 7th race on May 11, 2018, at Sunray Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows. 1. Mosheh 2. Watching Nemo 3. Flashin On By 4. Jess Blazin Queen 5. Hearts Rafaella 6. My Moon Crest 7. Ginuwine Buzz 8. De Blazin Chick Unplaced “Flash of Victory” Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check.
Name: JULIO C CABALLERO Ruling Date: 7/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2018-DAA-25 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Julio Cabellero was duly notified and waived his right to a hearing telephonically before the Board of Stewards on July 07, 2018. The hearing was in regard to a certificate of analysis from U C Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” and Stanozolol the metabolite of 16-hydroxy-stanozolol detected in the horse “Flash of Victory” (Test Sample #: NM32272), who finished in 1st place in the 7th race on May 11, 2018, at Sunray Park Racetrack in Farmington, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined. Michael Megariz Jr, was the trainer of record for horse “Flash of Victory”, and was duly notified.

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) Penalty Recommendations 15.2.1.9(B)(9)(b):

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

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(8)(c) Positive Test Report, 15.2.6.9(C)(9) Positive Test List, 15.2.6.9(C)(10)(a-d)List Removal Requirements, the horse “Flash of Victory” is placed on the Stewards list for a period of 60 days (beginning May 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. In accordance with 15.2.5.13(E)(4)(d) Purse Redistribution, The horse “Flash of Victory” is hereby disqualified from third place and ordered unplaced from the 7th race on May 11, 2018, at Sunray Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Mosheh
                2. Watching Nemo
                3. Flashin On By
                4. Jess Blazin Queen
                5. Hearts Rafaella
                6. My Moon Crest
                7. Ginuwine Buzz
                8. De Blazin Chick
Unplaced “Flash of Victory” Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check.
Name: LOUIS L ZACHERLE Ruling Date: 7/4/2018
Jurisdiction: Oregon Racing Commission Facility: Summer Circuit
Ruling Number: SC18-021 Ruling Type: Disorderly Conduct
Breed: Thoroughbred Division: Horse
Fine Amount: $ 200 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Zacherle had been drinking alcohol and approached a group of horsemen while verbally abusing a female in the group with lurid verbage.

He challanged the females associate to a fight and swung a fist at him, starting a physical altercation.

Mr. Zacherle was fined $200.

Name: STEPHANIE LYNN BELTRAN Ruling Date: 5/5/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2018-SRP-28 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 2250 Fine Paid: Y
Suspension Start: 5/5/2018 Suspension End: 8/3/2018
Ruling Text: Trainer: Stephanie L. Beltran, having been duly notified and appeared before the Board of Stewards, to waive her rights to a formal hearing, on May 4, 2018, regarding a lab report from UC/Davis (the official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class III drug “Clenbuterol”, and the Class III drug “16-hydrox-Stanozilol” in horse “Eyes On Eagle(test sample #NC32839) during Out Of Competition Testing on March 10, 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 Stephanie L. Beltran.

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 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.

Manuel A. Garibay, the owner of record for horse “Eyes On Eagle”, was duly notified and appeared telephonically for this hearing.

This is Stephanie L. Beltran's 1st and 2nd Class III-B medication violation in 365 days. The Board of Stewards assess Stephanie L. Beltran a penalty as follows: 1. A 90 day suspension of all NMRC licenses starting May 5, 2018, through August 2, 2018 inclusive. 2. ($2,250.00), two thousand two hundred fifty dollar fine to paid on or before June 5, 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 “Eyes On Eagle” was placed on the Stewards list for a minimum period of 60 days (beginning March 27, 2018). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.

During said time of applicable suspension, Stephanie L. Beltran 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 Stephanie L. Beltran are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) . This ruling is written in accordance with 15.2.6.11(A)(B) NMAC: Trainer Responsibility 16.47.1.10(B)(1) NMAC: Absolute Insurer Which states in pertinent part that "The Trainer is the absolute insurer of the condition of horses entered in an official workout or race, and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horse. A positive test for a prohibited drug or medication or other prohibited substance or the presence of permitted medication in excess of maximum allowable levels as reported by the commission approved laboratory is prima facie evidence of a violation of this rule. The Trainer is absolutely responsible regardless of the acts of third party."

Name: 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: Y
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: CARLOS O. ALVIDREZ Ruling Date: 12/17/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-236-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/8/2018 Suspension End: 5/8/2018
Ruling Text: RE: 2018-SUN-236 - Penalty Affirmed - this matter went befor the full Commission on November 15, 2018.

BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO

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

DECISION AND ORDER

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

FINDINGS OF FACT

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

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

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

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

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

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

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

CONCLUSIONS OF LAW

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

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

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

ORDER

IT IS THEREFORE ORDERED

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

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

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

2018 at Sunland Park Racetrack; and

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

IT IS SO ORDERED.

Date: December 17, 2018 by Chairman Willis

Name: CARLOS O. ALVIDREZ Ruling Date: 4/16/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-236-ASUB Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/8/2018 Suspension End: 5/8/2018
Ruling Text: RE: 2018-SUN-236 - Appeal Submitted
Name: CARLOS O. ALVIDREZ Ruling Date: 2/6/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-236-MODPEN Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/8/2018 Suspension End: 5/8/2018
Ruling Text: RE: 2018-SUN-236 - Modified Penalty; BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO IN THE MATTER OF TRAINER CARLOS O. ALVIDREZ, ID #31447 OWNER JAIME BUJANDA PAYAN, ID #34399 RULING NUMBER 2018-SUN-236 HORSE: “TEMPTING COLT” AMENDED DECISION AND ORDER THIS MATTER came before the New Mexico Racing Commission (“Commission”) on November 15, 2018 and January 17, 2019 for a decision in the above-captioned matter pursuant to NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act. A hearing on the merits was held on September 20, 2018 before the Honorable Kevin L. Fitzwater, appointed by the Commission to act as the Hearing Officer in this matter. Daniel A. Marquez, Esq., appeared on behalf of Respondents Carlos Alvidrez and Jaime Bujanda Payan. Assistant Attorney General Ismael Camacho appeared on behalf of the Commission. The hearing was transcribed by Debra L. Williams of Williams & Associates Reporting, LLC, and the transcripts are in the custody of the New Mexico Racing Commission. A quorum of the Commission, having familiarized itself with the transcript of the September 20, 2018 hearing, the Hearing Officer’s Report, and the exhibits admitted into evidence, adopted Hearing Officer Fitzwater’s Findings of Fact and Conclusions of Law as follows: FINDINGS OF FACT 1. On January 19, 2018, the horse "Tempting Colt" raced in the eighth (8th) race at Sunland Park Racetrack located in Sunland Park, New Mexico, finishing in first (1st) place. [Exhibit 4]. 2. On that day, licensee Carlos Alvidrez was the trainer of the trainer of the horse "Tempting Colt." [Exhibit 4, Dr. Ashby's testimony, TP page 33, lines 2-8; pages 34, lines 24-25; page 35, line 1; and Melodie Ryan testimony, TP page 56, lines 4-7. 3. On that day, Jaime Bujanda Payan was the owner of "Tempting Colt". [Exhibit 4, Exhibit 7, Melodie Ryan testimony page 56, line 3.] 4. Upon completion of the 8th race at Sunland Park Racetrack, "Tempting Colt" was designated by the racetrack Board of Stewards to have a urine sample taken at the test barn. [Dr. Ashby testimony, page 40, lines 2-5; page 41, lines 14-17]. 5. A urine sample was collected from "Tempting Colt" in the test barn. The sample was assigned the code #NM 28635 (“Sample #NM 28635”). [Exhibit 6; Dr. Ashby testimony page 15, lines 5-18; page 17, lines 20-24; page 18. lines 3-5; page 49, lines 18-25; Bugarin testimony page 132, lines 17-18]. 6. "Tempting Colt" was tested in conformity with established procedures under the supervision of Dr. Ashby. [Exhibit 6; Dr. Ashby testimony page 10, lines 21-22.] 7. The taking, packaging and sealing of the Sample #NM 28635 were witnessed at all times by a representative of the Trainer, Carlos Alvidrez, and was supervised by Dr. Ashby. [Exhibit 6; Dr. Ashby testimony page 14, lines 1-9; page 15, lines 1-3]. 8. After being sealed, Sample #NM 28635 was stored in a locked cooler. The cooler was stored in a locked freezer within a locked office inside the secured test barn. The cooler remained so stored until the Sample #NM 28635 was shipped. [Exhibit 3, page 8; Dr. Ashby testimony page 14, lines 8-9; page 17, lines 1-5; pages 31, lines 14-15; page 32, line 1; Dr. Moeller testimony, page 98, lines 1-3 and 12-25]. 9. The integrity of the chain of custody of Sample #NM 28635 was maintained throughout. [Id.] 10. Sample #NM 28635 was shipped via UPS bonded courier to the Equine Analytical Chemistry Laboratory at the University of California, Davis (the "Laboratory.") [Exhibit 1; Exhibit 3, page 5-9; Dr. Moeller testimony, page 96, lines 18-20.] 11. Upon receipt, the Laboratory tested urine Sample #NM 28635. [Dr. Moeller testimony page 101, lines 2-24]. 12. Using established procedures and protocol, the Laboratory screened Sample #NM 28635 for the presence of drugs by the method of liquid chromatography/ mass spectrometry. [Exhibit 3, Dr. Moeller testimony, page 102, lines 1-25.] 13. The Laboratory identified the presence of Clenbuterol in Sample #NM 28635. [Exhibit 3; Dr. Moeller testimony page 103, lines 14-18.] 14. On January 19, 2018, Clenbuterol was a banned substance pursuant to 15.2.6.9(C)(4) NMAC. [Exhibit 3] 15. By letters dated February 7, 2018, notice was provided individually to Trainer Carlos O. Alvidrez and Owner Jaime Bujanda Payan, informing each of the positive test for Clenbuterol and of potential disciplinary penalties as a result. [Exhibit 7] 16. Trainer Carlos O. Alvidrez was informed of his right to have a split sample tested. [Id.] 17. No evidence was introduced that the Trainer requested a split sample to be tested. CONCLUSIONS OF LAW A. This matter came properly before the Commission in accordance with NMSA 1978, Sections 60-1A-4(A)(8)(2007) and 60-1A-5(C)(2007) and the Hearing Officer held this as a de novo hearing. B. Notice was properly given, and the Commission has jurisdiction over the Respondents. C. The Commission rules are intended to "protect the integrity of horse racing, to ensure the health and welfare of race horses and to safeguard the interests of the public and the participants in racing." 15.2.6.6 NMAC. D. A positive test for a prohibited drug, medication or substance is prima facie evidence of a violation, as reported by a Commission approved laboratory, absent substantial evidence to the contrary. 15.2.6.ll(A) NMAC. E. Any level of Clenbuterol is prohibited from being present in race horses. NMSA 1978, Section 60-lA-11(E) and 15.2.6.9 NMAC. F. The presence of Clenbuterol in the sample is prima facie evidence of a violation. NMSA 1978 Section, 60-lA-ll(E), 15.2.6.9 NMAC and 15.2.6.ll(A) NMAC. G. The Trainer is the "absolute insurer" of the condition of the horse entered in an official race and is responsible for the presence of any prohibited drug, medication or other substance. 15.2.6.ll(A) NMAC. H. Test results are admissible upon the Prosecution establishing the identity of the sample with reasonable certainty. Claridge v. New Mexico State Racing Comm'n, 1988-NMCA-056, 107 N.M. 632, 763 P.2d 66. I. Sample #NM 28635 tested positive for Clenbuterol, a violation of 15.2.6.9(C)(4) NMAC. J. The penalty for a trainer's first Class 3B violation is a minimum 15-day suspension absent mitigating circumstances and a minimum fine of $500 absent mitigating circumstances. 15.2.6.9(B)(2). K. The penalty for an owner's third lifetime Class 3B violation is disqualification, loss of purse, and, in the absence of mitigating circumstances, a $5,000 fine. 15.2.6.9(B)(2). L. There are no mitigating circumstances. AMENDED ORDER IT IS THEREFORE ORDERED A. Respondent Trainer Carlos O. Alvidrez and the horse “Tempting Colt” shall be assessed the following penalties for the positive test of Clenbuterol present in Sample #NM 28635 on January 19, 2018: I. A fine in the amount of seven hundred fifty dollars ($750), which has been paid; II. A sixty-day (60) day suspension (already served). B. Respondent Owner Jaime Bujanda Payan and his horse “Tempting Colt” shall be assessed the following penalties for the positive test of Clenbuterol present in Sample #NM 28635 on January 19, 2018: I. A fine in the amount of five thousand dollars ($5000), which has been paid; II. The horse “Tempting Colt” will be placed on the Stewards list for a period of sixty (60) days (already served); III. The horse “Tempting Colt” will be disqualified for the 8th race on January 19, 2018 at Sunland Park Racetrack; and IV. Loss of the purse for the 8th race on January 19, 2018 at Sunland Park Racetrack. This Decision and Order shall be served upon Respondents in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. IT IS SO ORDERED. Date: ____________ Chairman Willis:__________________________________
Name: 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: Y
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: CARLOS O. ALVIDREZ Ruling Date: 4/8/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-236 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 4/8/2018 Suspension End: 5/8/2018
Ruling Text: Trainer Carlos Alvidrez was duly notified represented by attorney Daniel Marquez for a hearing before the Board of Stewards on April 8, 2018. The hearing was in regard to a certificate of analysis from UC/Davis (official testing laboratory for the NMRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Tempting Colt” (Test Sample #: NM28635), who finished 1st place in the 8th race on January 19, 2018, at Sunland Park Racetrack in Sunland Park, NM. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by the trainer Carlos Alvidrez.

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

Finding of Facts:

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

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

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

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

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

Name: 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: JACKIE E. SANCHEZ Ruling Date: 3/30/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-205 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/7/2018 Suspension End: 6/6/2018
Ruling Text: Trainer Jackie Sanchez, was duly notified and appeared for a hearing before the Board of Stewards on March 30, 2018. The hearing was in regard Jackie Sanchez failing to report, at the designated time, to the Sunland Park Test Barn Facility for out of competition testing on March 10, 2018, with horse “Azooming Streak”, who was selected for out of competition testing.

MIDIGATING CICUMSTANCES:

    1. The horse “Azooming Streak” reported to the test barn after the designated time.

After considering the mitigating circumstances, the Board of Stewards hereby suspends any/all NMRC licenses belonging to Jackie Sanchez for a period of 60 days starting April 7, 2018, through June 5, 2018, inclusive.

During said time of applicable suspension Jackie Sanchez 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 Jackie Sanchez 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 Jackie Sanchez 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: 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: $ 3500 Fine Paid: N
Suspension Start: 7/1/2018 Suspension End: 11/30/2018
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: MARTIN M ORONA Ruling Date: 2/5/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-161-AFF Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3500 Fine Paid: N
Suspension Start: 7/1/2018 Suspension End: 11/30/2018
Ruling Text: RE: 2018-SUN-161 - Penalty Affirmed;

BEFORE THE NEW MEXICO RACING COMMISSION STATE OF NEW MEXICO 2018-SUN-161-AFF

IN THE MATTER OF TRAINER MARTIN M. ORONA, JR. ID#32292 FOR POSITIVE SAMPLE #NM13234 AND FOR THE RULING NUMBER 2018-SUN-161 HORSE: “WATCH FOR CORONA” DECISION AND ORDER

THIS MATTER came before the New Mexico Racing Commission (“Commission”) on November 15, 2018 and January 17, 2019 on review of the Hearing Officer’s Report in the above-captioned matter pursuant to provisions of NMSA 1978, §§ 60-1A-1 through -30 of the Horse Racing Act. An evidentiary hearing was held on August 2, 2018 before Hearing Officer Monica Ontiveros, Esq., appointed by the Commission to act as the Hearing Officer in this matter. The hearing was recorded by NMRC Staff, Tina M. Arce, and the recording is in the custody of the New Mexico Racing Commission. The administrative prosecutor for the New Mexico Racing Commission was Ismael Camacho Lopez, Esq. At the time of the hearing, the Respondent was represented by Daniel Marquez, Esq., however the Respondent did not appear. Owner, Victor Diaz did not request a hearing in this matter, and did not appear at the hearing. On November 12, 2018, Respondent’s attorney submitted a proposed settlement agreement, however, the Commission rejected said agreement at their regular meeting on January 17, 2019. Instead, a quorum of the Commission, having familiarized itself with the recording of the August 2, 2018 hearing, the Hearing Officer’s Report, and the exhibits admitted into evidence, adopted Hearing Officer Ontiveros’ Findings of Fact and Conclusions of Law as follows: FINDINGS OF FACT JURISDICTION 1. A Notice of Contemplated Disciplinary Action (Notice of August 2, 2018 Hearing in Albuquerque, N.M. and Contemplated Disciplinary Action) listed the allegations and the violations found in NMSA 1978, Section 60-lA-1 l (E) (2013) and regulations 15.2.6.9 and 16.47.1.10 NMAC. The Notice was filed on May 21, 2018 and served on Respondent's attorney, Mr. Marquez, by the Commission on May 21, 2018. [Administrative File]. (It should be noted that the Respondent listed on page 1 of the Notice of August 2, 2018 Hearing in Albuquerque, N.M. and Contemplated Disciplinary Action is incorrect and is a typographical error. The caption of the Notice clearly identifies Martin M. Orona, Jr. as the trainer and Mr. Orona is listed as the client of Mr. Marquez on the service page of the Notice.) 2. Pursuant to 15.2.1.9(C)(2)(b), the Commission provided Respondent with notice of the hearing by mailing the Notice to Mr. Marquez, and he accepted the Notice. See also Mills v. N.M State Bd. of Psychologist Exam 'rs, 1997-NMSC-028, ~~ 13-15, 123 N.M. 421, 941 P.2d 502. 3. The Notice of August 2, 2018 Hearing in Albuquerque, N.M. and Contemplated Disciplinary Action set out the date and time of the hearing and was served by regular mail to Respondent's attorney, Daniel Marquez, by Tina M. Arce, paralegal for the Commission, to Mr. Marquez' address pursuant to 15.2.1.9(C)(2)(b) NMAC. [Administrative File]. 4. Respondent filed an appeal to Ruling #2018-SUN-161 issued by the Board of Stewards at Sunland Park, New Mexico on March 22, 2018. [Ex. 3]. The Board of Stewards suspended Respondent from racing from July 1, 2018 through June 30, 2019. [Administrative File.] The record of the Stewards' proceeding is part of this record as required by 15.2.l(B)(9)(e). TRAINER Orona 5. Respondent has been a licensed trainer in the state of New Mexico since at least February 18, 2014, license number 5-60-83852. [Ex. 27]. 6. Ms. Ryan testified that after reviewing Respondent's history, Respondent has had two offenses in the past 365 days, prior to the alleged offense in the Notice. [MP3, Track 12, 30: 17-33:25; Ex. 13]. The screen shots of the rulings, or Exhibit 13, do not indicate which rulings were Category B violations. [MP3, Track 12, 30:45-31:00]. Ms. Ryan testified that an investigation of each ruling must be made to determine the number or prior offenses, which is how she determined Respondent had two prior offenses. [MP3, Track 12, 30:45-31:00]. SAMPLE #NM13234, "Watch for Corona" 7. At all times material to these findings, "Watch for Corona" was owned by Victor Diaz ("Diaz"). [Ex. IO]. Diaz did not appeal Ruling #2018-SUN-161 nor did he request a hearing in this matter. [MP3, Track 7]. 8. On June 13, 2015, "Watch for Corona" participated in the 3rd Race – Quarter Horse Race at the Downs at the Albuquerque Racetrack in Albuquerque, New Mexico. [Ex. 10] . 9. "Watch for Corona" placed 3rd in the race on June 13, 2015. [Ex. 8]. 10. At all times material to these findings, Dr. England worked as the official veterinarian at the Downs at the Albuquerque Racetrack in Albuquerque, New Mexico. [MP3, Track 8, 1:15-1:53]. 11. On June 13, 2015, Dr. England supervised and directed the drug testing of "Watch for Corona" by Daniel Mueller, Dr. England's assistant, in the test barn at the Downs at the Albuquerque Racetrack. [MP3, Track 8, 1:52-2:03; Track 4, 20:27-20:56; Track 4, 29:07-29: 11]. Mr. Mueller has been an assistant to the veterinarian at the Downs at the Albuquerque Racetrack for around 13 years. [MP3, Track 4, 18:41-19:19]. 12. Dr. England testified that the procedure for drug testing a horse is that once a horse is identified for drug testing, it is escorted into the test barn. [MP3, Track 8, 6:23-6:38]. 13. Mr. Mueller testified that one of his duties is to make sure that the correct horse is escorted to the test barn. [MP3, Track 4, 21:25-21:37]. His other duties include making sure that the test area is a clean environment and he verifies the identity of the trainer . [MP3, Track 4, 21:27-21:52]. 14. Dr. England testified that once the horse enters the test barn, the horse is then cooled down and observed or watched. [MP3, Track 8, 6:53-6:58]. A trainer or groom is the only other person allowed to be present in the stall and the trainer or groom cannot leave the test barn area until the urine or blood sample is taken. [MP3, Track 8, 6:58-7:11]. When the sample of the urine or blood is ready to be taken, the trainer or groom enters the stall where the horse is located, along with Dr. England's assistant who collects the sample. [MP3, Track 8, 7:14-7:31]. 15. Once the urine sample is taken, the sample is then brought to the laboratory which is on location and the sample is split into two separate containers which are then sealed and stored in a freezer (urine). [MP3, Track 8, 7:14-7:32; Track 8, 11:29-11:38]. The trainer or groom is with Dr. England's assistant when the split of the sample is made. [MP3, Track 8, 7:14-7:23]. 16. Dr. England testified that the trainer or groom observes the sample being placed in a container and then sealed. The trainer or groom acknowledges on the seal and on the Acknowledgment of Test Sample that he or she observed the sample being taken. [MP3, Track 8, 8:10-8:30]. 17. Dr. England also testified that he makes sure that the labels are properly placed on the containers. [MP3, Track 8, 8:24-8:45]. 18. At night, Dr. England and his assistant go through the samples to make sure the samples correspond to the Test Sample Shipping Invoice. [MP3, Track 8, 11:42-11:57; Ex. 22]. 19. All the samples are locked in the freezer. [MP3, Track 8, 11:57-12:02]. 20. The laboratory is locked and the test barn has a chain link fence around the test barn and is secured and locked. [MP3, Track 8, 12:01-12:07]. 21. Dr. England testified that the procedure outlined in the above findings was used to collect the urine sample for "Watch for Corona," sample #NM13234. [MP3, Track 8, 7:31-7:55]. 22. Mr. Mueller signed the Acknowledgement of Test Sample for sample #NM13234 and recognizes Dr. England's signature on the form. [MP3, Track 4, 22:35-23:22; Ex. 8]. 23. Mr. Mueller verified that "Watch for Corona" was the horse being tested, verified the tattoo on "Watch for Corona," verified the trainer's license number and verified that the trainer signed the acknowledgment form. [MP3, Track 4, 26:54-27:35; Track 4, 28:15-28:30; Ex. 8]. 24. Mr. Mueller testified that when he collected the urine sample from "Watch for Corona" he used medical gloves, which were new, and then discarded the gloves after use. [MP3, Track 4, 29:06-29:25; Track 4, 37:29-37:50]. Mr. Mueller collected the urine sample with a clean dry sample cup. The trainer, Respondent, verified that the sample cup was clean and dry. [MP3, Track 4, 29:31-29:53]. 25. After the sample of urine was taken, Mr. Mueller and Respondent, then exited the stall and went to a counter inside the laboratory, where the urine sample was split and sealed in a container. [MP3, Track 4, 30:09-30:34]. Respondent witnessed the splitting of the sample and the sealing of the sample in a container. [MP3, Track 4, 30:25-31:38]. 26. After the sample was sealed, a label was placed on the container and Respondent initialed the seal on the container verifying that the sample was sealed. [MP3, Track 4, 32:00-32:34]. 27. The sample for "Watch for Corona" had the number of #NM13234 for identification purposes, which was on the label and the seal. [Ex. 8, page 2]. 28. On June 13, 2015, "Watch for Corona" completed his race at 2:27 p.m. post time, and arrived at the test barn at 2:39 p.m. The sample was obtained at 3:10 p.m. [MP3, Track 4, 39:10-39:30; Ex. 8]. 29. Sample #NM13234 was mailed via Fed Express in a cooler to the University of California, Davis Equine Analytical Chemistry Laboratory on June 15, 2015. [Ex. 1, page 5; MP3, Track 9, 25:51-26:25]. 30. The Lab is certified and approved by the Commission. [MP3, Track 9, 34:00-34:14]. 31. Sample #NM13234 was delivered to the Lab on June 16, 2015, by Federal Express. [Ex. 1, page 6; MP3, Track 9, 31:30-31:42]. 32. The Test Sample Shipping Invoice indicates that sample #NM13234 was received by the Lab on June 16, 2015. [Ex. 1, pages 7-8; MP3, Track 9, 26:52-27:40]. 33. The Lab received sample #NM13234 in a cooler with the seal on the lid of the container of the sample intact. [Ex. 1, page 13]. 34. Dr. Stanley from the Lab supervised and was responsible for the screening of sample #NM13234. [MP3, Track 9, 17:59-18:08]. 35. The Lab screened sample #NM13234 by the standard methodologies and operating procedures and in addition, the Lab confirmed the result with a second confirmatory analysis. [Ex. l , pages 52-67; pages 68-88 and page 87; MP3, Track 9, 32:22-33:19]. 36. The Lab used liquid chromatography/mass spectrometry to analyze the urine sample. [MP3, Track 9, 33:20-35:04]. 37. There were no known substances found to interfere with the determination of finding clenbuterol in sample #NM13234 by the Lab's procedure. [Ex. 1, page 87]. 38. On June 24, 2015, sample #NM13234 was analyzed by the Lab to have 391 pg/ml clenbuterol above the authorized therapeutic medication limit of 140 picograms per milliliter. [Ex. 1, page 90; MP3, Track 9, 23:23-24:20]. (NMAC 15.2.6 incorporates Attachment #2, ARCI Controlled Therapeutic Medication Schedule for Horses-Version 2.2, Revised April 2015 which sets out the threshold level of clenbuterol as 140 picograms per milliliter of urine on page 2.) 39. Clenbuterol is a Class 3B drug with a threshold amount not to exceed 140 picograms per milliliter. [MP3, Track 9, 23:23-24:20] 40. Dr. Stanley reviewed the report and certified the analysis of the report. [Ex. 1, page 90]. CONCLUSIONS OF LAW 1. This matter came properly before the Commission as an appeal of Ruling #2018- SUN-161 and as a proposed disciplinary matter by the Commission pursuant to NMSA 1978, Sections 60-1A-4(A)(8) (2007) and 60-1A-5(C) (2007). 2. The Commission properly noticed the hearing and jurisdiction lies over the parties and the subject matter of this hearing. 3. The Commission provided notice of the hearing to Respondent's attorney, Daniel Marquez, pursuant to 15.2.1.9(C)(2)(b) NMAC. 4. The Commission rules are intended "to protect the integrity of horse racing, to ensure the health and welfare of race horses and to safeguard the interests of the public and the participants in racing." 15.2.6.6 NMAC. 5. The "uniform classification guidelines for foreign substances and recommended penalties and model rule," April 2015, version 9.0 and "arci [Association of Racing Commissioners, Inc.] controlled therapeutic medication schedule for horses," version 2.2 revised, are incorporated by reference in rule 15.2.6.9. 15.2.6.9 NMAC (9/16/15). 6. A positive test for a drug, medication or substance that exceeds the minimum threshold, including permitted medication in excess of the maximum allowable level, as reported by a Commission approved laboratory, absent substantial evidence to the contrary, is prima facie evidence of a violation. 15.2.6.11 (A) NMAC. 7. The minimum threshold amount of clenbuterol may not exceed 140 picograms per milliliter of urine. 15.2.6 NMAC (attachment #2). Clenbuterol is a Class 3B therapeutic medication. 15.2.6 NMAC (attachment #1, page 3). 8. The level of clenbuterol detected in "Watch for Corona" was 391 picograms per milliliter of urine as analyzed by a laboratory approved by the Commission and is prima facie evidence of a violation. 9. There was no evidence presented by Respondent rebutting the prima facie evidence. 10. Respondent is the trainer of "Watch for Corona." 11. The trainer of record is the "absolute insurer" of the condition of the horse entered in an official race and is responsible for the presence of any drug, medication or other substance above the threshold level. 15.2.6.11 (A) and (B) and 16.47.1.10(B) NMAC. 12. Test results are admissible upon the Prosecution establishing the identity of a sample with reasonable certainty. Claridge v. New Mexico State Racing Comm 'n, 1988-NMCA-056, l 07 N.M. 632, 763 P.2d 66. Respondent argued that the chain of custody had not been established by the Prosecution. The Hearing Officer ruled that sufficient evidence had been introduced to establish the chain of custody and the identity of the sample with reasonable certainty. 13. The penalty for a trainer's third violation of a Class 3B medication in a 365-day period is a minimum of a 60-day suspension, absent mitigating circumstances or the presence of aggravating factors to a maximum of a one year suspension, with a minimum fine of $2,500 fine absent mitigating circumstances or the presence of aggravating factors to a maximum of $5,000 fine or five percent of price (greater of the two). 15.2.6.9(C)(2) NMAC. 14. No mitigating factors were presented by Respondent. 15. Victor Diaz, the Owner of "Watch for Corona" did not appeal the Stewards' Ruling and did not appeal the proposed disciplinary action and therefore this Report does not address his penalties or fines. ORDER IT IS THEREFORE ORDERED that Respondent Trainer Martin M. Orona, Jr. is found to be in violation of the Commission rules that forbid a positive test for a prohibited drug or medication, or other prohibited substance in a horse he is training. As such, Respondent Trainer Martin M. Orona, Jr. shall be assessed the following penalties for the positive test on June 13, 2015 of Clenbuterol in excess of 140 pg/ml in violation of the rules of the New Mexico Racing Commission, Sample No. NM13234: I. A fine in the amount of three thousand five hundred dollars ($3500), which must be paid within thirty (30) days pursuant to 15.2.1.9(B)(7)(f) NMAC; II. Suspension, which ran July 1, 2018 to November 30, 2018; This Decision and Order shall be served upon Respondent in accordance with law. Pursuant to Rule 1-075 NMRA, a person aggrieved by a final decision or order of an agency may appeal the decision to district court by filing in district court a petition for writ of certiorari with proof of service, within thirty (30) days of the date of filing of this order. IT IS SO ORDERED. Date: ____________ Chairman Willis:__________________________________

Name: MARTIN M ORONA Ruling Date: 1/31/2019
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-161-ASC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 3500 Fine Paid: N
Suspension Start: 7/1/2018 Suspension End: 11/30/2018
Ruling Text: RE: 2018-SUN-161 - Appeal Submitted to Commission Appeal was received by Steward Jill Cathey on March 22, 2018
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: 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: ERVEY SANCHEZ Ruling Date: 2/18/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-104 Ruling Type: Conduct Detrimental to Racing
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 2/28/2018 Suspension End: 3/30/2018
Ruling Text: Owner ERVEY SANCHEZ, was duly notified and appeared for a hearing before the Board of Stewards on February 18, 2018. The hearing was in regard to ERVEY SANCHEZ bringing his horse “Eye See Hollywood” onto the grounds of Sunland Park Racetrack on January 20, 2018, with an altered health certificate.

Mitigating Circumstances

    1. ERVEY SANCHEZ was not the person who altered the health certificate.
    2. The health certificate was given to him by barn manager where horse is boarded.

After considering the mitigating circumstances, the Board of Stewards hereby suspend all NMRC Licenses issued to ERVEY SANCHEZ for a period of 30 days, starting February 28, 2018, through March 30, 2018, inclusive.

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

Licensee is found to be in violation of and this ruling is written in accordance with :16.47.1.8(L)(1)(f) CONDUCT MAKING FALSE OR MISLEADING STATEMENTS 16.47.1.8 (L)(1)(i) – CONDUCT DETRIMENTAL TO 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

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: JUAN ERNESTO POBLANO Ruling Date: 1/19/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-41 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: Co-owner Juan Poblano 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.

Ricardo A. Bernal, the co-owner of record for horse “Not Holding Back”, was duly notified and failed to appear for this hearing. In accordance with 15.2.6.9 (B)(2) Penalty Recommendations, Ricardo A. Bernal’s SECOND class 3B medication violation in a lifetime.

Raul Vega, the trainer of record for horse “Not Holding Back”, 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 THIRD Class 3B medication violation in a lifetime.

For Co-owner Juan Poblano’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 ($5,000) five thousand dollar fine to paid on or before February 20, 2018, in accordance with 15.2.3.8 (B)(3)(l). Failure to pay fine in prescribed time may result in an immediate suspension.
    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 “Not Holding Back” was placed on the Stewards list for a period of 60 days (beginning April 19, 2017). During this period, the papers were 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: 10/10/2018
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2018-SUN-41-RO 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-41 - Ruling Overturned

Pursuant to Decision and Order #2018-SUN-40-FO dated October 9, 2018, the action taken against Owner Juan Poblano in Ruling #2018-SUN-41 in regard to the hrose "Not Holding Back" is dismissed with prejudice.

If you would like a copy of the Decision and Order #2018-SUN-40-FC, please contact the New Mexico Racing Commission.

BY ORDER OF THE NEW MEXICO RACING COMMISSION

Name: STEPHANIE LYNN BELTRAN Ruling Date: 12/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-233 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 Stephanie Beltran waived her rights to a 10 day notice and a formal hearing before the Board of Stewards on December 10, 2017. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the therapeutic drug Dexamethasone (class 4 penalty category C drug), found in test sample NM30024, taken from the second place finisher Chatham Road” following the 2nd race on November 11, 2017, at Zia Park Racetrack in Hobbs, NM.

The original lab report indicated a finding of Dexamethasone at 292 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 Stephanie Beltran.

Manuel Garibay is the owner of record for horse “Chatham Road”. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is Manuel Garibay’s FIRST Class 4C medication violation in a 365- day period .

For Stephanie Beltran’s FIRST Class 4C medication violation in a 365 day period, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards assessed a penalty as follows:

    1. A ($1,000) one thousand dollar fine to paid on or before January 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.

Licensee is found to be in violation of: 15.2.6.9(C)(1) : Prima Facie Evidence /16.47.1.8 (U)(1) PROTECTION OF HORSES /15.2.6.9 Attachment 2, Page 3 Threshold limit for Dexamethasone 5 pg/ml in the blood 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS

This ruling is written in accordance with: 15.2.6.9 CLASS 4 UNIFORM CLASSIFICATION GUIDELINES 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: MARIO SANCHEZ Ruling Date: 11/6/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-133 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: N
Suspension Start: 9/22/2020 Suspension End: 12/22/2020
Ruling Text: Trainer Mario Sanchez having been duly notified and having responded telephonically before the Board of Stewards on November 6, 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 “Walked Away”(Test Sample #: NM27528), who finished 2nd place in the 4th race on September 10, 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 Mario Sanchez.

Juan Adame (Adame Racing, LLC), the owner of record for horse “Walked Away”, was duly notified and failed to appear for this hearing. This is Juan Adame’s FIRST Class 3B medication violation in a lifetime.

For Trainer Mario Sanchez’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. A 90 day suspension of all NMRC licenses running consecutively from ruling 2017-COMM-22, September 22, 2020, through December 21, 2020, inclusive.
    2. A ($2,500) two thousand and five hundred dollar fine to paid on or before December 6, 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 Mario Sanchez is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC, in accordance with 15.2.1.9 (C)(21). Additionally, effective upon applicable suspension dates, all horses owned, trained, or under the care of Mario Sanchez 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 sample16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B(2) Penalty recommendations This ruling is written in accordance with 15.2.6.11(A) NMAC Trainer Responsibility/ 16.47.1.10(B)(1) NMAC/ Absolute Insurer 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."

Name: JUAN ERNESTO POBLANO Ruling Date: 10/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2017-ZIA-82 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 Juan Poblano, having been duly notified, failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)non-appearance, before the Board Of Stewards on October 15, 2017, regarding an affidavit from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Dexamethasone (class 4 penalty category C drug) found in test sample NM26692 taken from the FIRST place finisherSweet Streakin Jesse” following the 8th race, on September 2, 2017, at The Downs at Albuquerque in Albuquerque, NM.

The original lab report indicated a finding of Dexamethasone at 31 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 the trainer Martin Orona Jr..

Martin Orona Jr., the trainer of record for horse “Sweet Streakin Jesse”, was duly notified and appeared for this hearing. In accordance with 15.2.6.9(B)(4) PENALTY RECOMMENDATIONS, this is his FIRST Class 4C medication violation in a lifetime.

For Juan Poblano’s FIRST Class 4C medication violation, issued in accordance with 15.2.6.9 (B)(4) PENALTY RECOMMENDATIONS, the Board of Stewards assessed a penalty as follows:

    1. The horse “Sweet Streakin Jesse” must pass a commission approved veterinary examination before being eligible to enter.

Licensee is found to be in violation of: 15.2.6.9(C)(1) : Prima Facie Evidence /16.47.1.8 (U)(1) PROTECTION OF HORSES/ 15.2.6.9 Attachment 2, Page 3 Threshold limit for Dexamethasone 5 pg/ml in the blood /15.2.6.9(B)(4) PENALTY RECOMMENDATIONS

This ruling is written in accordance with: 15.2.6.9 CLASS 4 UNIFORM CLASSIFICATION GUIDELINES /16.47.1.10 (C) (5) TRAINER RESPONSIBILITY/16.47.1.8 (L)(1)(i) – CONDUCT 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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: MARIO SANCHEZ Ruling Date: 9/25/2017
Jurisdiction: New Mexico Racing Commission Facility: New Mexico Racing Commission
Ruling Number: 2017-Comm-22 Ruling Type: By Order of Commission/Administration
Breed: Mixed Division: Mixed
Fine Amount: $ 15000 Fine Paid: N
Suspension Start: 9/22/2017 Suspension End: 9/22/2020
Ruling Text: BEFORE THE NEW MEXICO RACING COMMISSION

IN THE MATTER OF MARIO SANCHEZ, TRAINER FOR POSITIVE SAMPLES NM16733 AND NM24529 HORSES KNOWN AS "MSFERRARI EDITION" AND "CAUTIONSLY"

STIPULATED SETTLEMENT AGREEMENT

WHEREAS, Respondent Mario Sanchez as the trainder responsible for the horse known as "Msferrari Edition" which tested positive for the substance of Zilpaterol, after finishing third in the fith race at Sunland Park racterack on April 3, 2016, and for the horse known as "Cautionsly", which tested positive for Zilpaterol, after finishing second in the ninth race at Zia Park racetrack on September 10, 2016, both in violation of the State Racing Commission's absolute prohibition of Zilpaterol, has agreed to resolve this matter through a Settlement Agreement, therefore rendering a formal hearing unnecessary; and Whereas, the Commission and Licensee wish to resolve all matters at issue related to samples NM16733 and NM24529 in an amicable fashion without the need for a formal hearing or other adjudication. NOW, THEREAFORE, THE PARTIES STIPULATE AND AGREE AS FOLLOWS: DISCIPLINE. As full and final resolution of this matter, Licensee Mario Sanchez agrees to the following penalties: A Twenty five thousand dollar fine payable to the NMRC of which ten thousand dollars shall be suspended. The remaining fifteen thousand dollars shall be paid by the Licensee on or before January 1, 2018. If the Licensee does not pay Fifteen thousand dollars on or before January 1, 2018, the suspended Ten thousand dollars shall become due and payable. Additionally, if the Licensee commits any other violation related to this Settlement Agreement the suspended portion of the fine dshall become due and payable before Licensee can become licensed as a trainer in New Mexico. Horses "Msferrari Edition" and Cautionsly" shall be disqualified and unplaced. Any purse received from the perfromance of the horse known as "Msferrari Edition" or "Cautionsly" shall be completely forfeited. The Horses "Msferrari Edition" and "Cautionsly" shall both be subject to and pass a Commission-approved examination before becoming eligible to be entered in any race governed under the authority of the Commission; and shall be placed on the veterinarian's list for ninety days commencing the date this Settlement agreement is executed by the NMRC. Mario Sanche's license shall be suspended for a term of four years, commencing the date this settlement agreement is approved by the Racing Commission. The foruth and final year of Respondent's suspension shall be suspended if he has not violated any terms related to this Settlement Agreement during the first three years. Once the term of suspension ends, Licensess must retake and pass the trainer's test before he is eligible to train horses in NM again. Additionally, Licensee must peronsally appear before the Commission after his term of suspension ends but prior to engaging in any horse training in NM. Licensee must request to be placed on the Commission's Agenda. During the period of his suspension Licensee is not allowed on the ground of any NM racetracks under the jurisdiction of the NMRC. IT IS SO ORDERED

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

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

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

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

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

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

Name: JUAN ERNESTO POBLANO Ruling Date: 8/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-116 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 Juan E. Poblano having been duly notified and having appeared with attorney Daniel Marquez before the Board of Stewards on August 5, 2017. The hearing was in regard to a affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive of the prohibited substance “O-Desmethyl-tramadol” (drug class 2, penalty B) detected in horse “Walken To The Moon”(Test Sample NM23939), who finished 3rd place in the 9th race on February 17, 2017, at Sunland Park Racetrack in Sunland Park, NM.

The split sample was sent to Industrial Laborites and confirmed positive for the prohibited substance “O-Desmethyl-tramadol” on April 14, 2017.

Johnny Soto, the trainer of record for horse “Walken To The Moon”, was duly notified and appeared with attorney Daniel Marquez for this hearing. This is Mr. Soto’s first Penalty B medication violation in a lifetime .

For Owner Juan E. Poblano’s SECOND lifetime Penalty B medication violation issued in accordance with 15.2.6.9 (L)(3)(c) and 15.2.6.9 (B)(2), the Board of Stewards assessed a penalty as follows.

    1. Pursuant to rule 15.2.6.9 (B)(2), the horse “Walken To The Moon” must pass a commission-approved examination before becoming eligible to be entered.
    2. The horse “Walken To The Moon” is hereby disqualified from THIRD PLACE and ordered unplaced from the 9th race on February 17, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Gbh Gunsmoke
                2. May Be Fantastic Sa
                3. Rocky El Roble
                4. TF Im that Guy
                5. JM Disco Rey
                6. Silk Cartel
                7. The Ocean King
                8. King Kamahamaha
                9. Sweet Solid Rock
                10. Abbys Zoomer
Unplaced “Walken To The MoonLicensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: prima facie evidence /15.2.1.7 (P)(15) Prohibited substance /15.2.6.9(B)(2)Penalty recommendations This ruling is written in accordance with Uniform Classification Guidelines for Foreign Substances, Page #18/ 15.2.3.8(B)(3)(k) NMAC: Redistribution of Purse/ 15.2.5.13(E)(4)(d) NMAC: Steward’s Authority for Disqualification/ 16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: JOHNNY SOTO Ruling Date: 8/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-117 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 14500 Fine Paid: N
Suspension Start: 4/4/2017 Suspension End: 1/28/2019
Ruling Text: Trainer Johnny Soto (currently under a summary suspension, refer to rulings 2017-SUN-183 and 2017-SUN-169, concerning test sample number NM23939) was duly notified for the disciplinary hearing and appeared with attorney Daniel Marquez, before the Board of Stewards on August 5, 2017. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive of the prohibited substances “Ractopamine” (drug class 2, penalty A) and “O-Desmethyl-tramadol” (drug class 2, penalty B) detected in horse “Justified By Chicks”(Test Sample NM25130), who finished 5th place in the 10th race on March 4, 2017, at Sunland Park Racetrack in Sunland Park, NM.

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

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

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

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

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

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

Name: JUAN ERNESTO POBLANO Ruling Date: 8/10/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-118 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 E. Poblano having been duly notified and having appeared with attorney Daniel Marquez before the Board of Stewards Stewards on August 5, 2017. The hearing was in regard to an affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive of the prohibited substances “Ractopamine” (drug class 2, penalty A) and “O-Desmethyl-tramadol” (drug class 2, penalty B) detected in horse “Justified By Chicks”(Test Sample NM25130), who finished 5th place in the 10th race on March 4, 2017, at Sunland Park Racetrack in Sunland Park, NM.

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

Johnny Soto, the trainer of record for horse “Justified By Chicks”, was duly notified and appeared with attorney Daniel Marquez for this hearing. This is Johnny Soto’s FIRST Class 2 Penalty A medication violation in a lifetime and SECOND Class 2 Penalty B medication violation in a lifetime issued in accordance with 15.2.6.9 (B)(1)(2) Penalty Recommendations.

For Owner Juan E. Poblano’s FIRST Class 2 Penalty A medication violation in a lifetime and THIRD Class 2 Penalty B medication violation in a lifetime issued in accordance with 15.2.6.9 (B)(1) Penalty Recommendations and 15.2.6.9 (B)(2) Penalty Recommendations, the Board of Stewards assessed a penalty as follows.

      1. A ($5,000) five thousand dollar fine to paid on or before September 10, 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), 15.2.6.9(C)(8)(a), 15.2.6.9(C)(9), 15.2.6.9(C)(10)(a-d),the horse “Justified By Chicks” is placed on the Stewards list for a period of 60 days (beginning March 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.
      3. The horse “Justified By Chicks” is hereby disqualified from FIFTH PLACE and ordered unplaced from the 10th race on March 4, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                  1. Sies Menudos
                  2. Jess Cruzin On By
                  3. Princess Jesse
                  4. Play Misty Foreme
                  5. Seeyalateralligator
                  6. Frank N Jesse
                  7. Booyah Bay
                  8. Teana Fay
                  9. Major Moonsflash
Unplaced “Justified By Chicks Licensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence/ 15.2.1.7 (P)(15) Prohibited substance /16.47.1.8 (U)(1) PROTECTION OF HORSES 16.47.1.8(U)(2)PROTECTION OF HORSES/ 15.2.6.9. B.(1)(2) Penalty recommendations This ruling is written in accordance withUniform Classification Guidelines for Foreign Substances, Page #18 Tramadol/ Uniform Classification Guidelines for Foreign Substances, Page #17 Ractopamine/ 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution /15.2.5.14(D)(7) FAILURE TO RETURN PURSES AND PRIZES /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 An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: JUAN ERNESTO POBLANO Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-116-ASD 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: 2017-RUI-116 - Appeal Stay Denied
Name: JUAN ERNESTO POBLANO Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-118-ASD 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: 2017-RUI-118 - Appeal Stay Denied
Name: JOHNNY SOTO Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-115-ASD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 1000 Fine Paid: N
Suspension Start: 8/20/2017 Suspension End: 10/3/2017
Ruling Text: RE: 2017-RUI-115 - Appeal Stay Denied
Name: JOHNNY SOTO Ruling Date: 8/22/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-117-ASD Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 14500 Fine Paid: N
Suspension Start: 4/4/2017 Suspension End: 1/28/2019
Ruling Text: RE: 2017-RUI-117 - Appeal Stay Denied
Name: JUAN ERNESTO POBLANO Ruling Date: 8/24/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-116-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: 2017-RUI-116 - 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.Owner Juan E. Poblano having been duly notified and having appeared with attorney Daniel Marquez before the Board of Stewards on August 5, 2017. The hearing was in regard to a affidavit from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive of the prohibited substance “O-Desmethyl-tramadol” (drug class 2, penalty B) detected in horse “Walken To The Moon”(Test Sample NM23939), who finished 3rd place in the 9th race on February 17, 2017, at Sunland Park Racetrack in Sunland Park, NM.

The split sample was sent to Industrial Laborites and confirmed positive for the prohibited substance “O-Desmethyl-tramadol” on April 14, 2017.

Johnny Soto, the trainer of record for horse “Walken To The Moon”, was duly notified and appeared with attorney Daniel Marquez for this hearing. This is Mr. Soto’s first Penalty B medication violation in a lifetime .

For Owner Juan E. Poblano’s SECOND lifetime Penalty B medication violation issued in accordance with 15.2.6.9 (L)(3)(c) and 15.2.6.9 (B)(2), the Board of Stewards assessed a penalty as follows.

        1. Pursuant to rule 15.2.6.9 (B)(2), the horse “Walken To The Moon” must pass a commission-approved examination before becoming eligible to be entered.
        2. The horse “Walken To The Moon” is hereby disqualified from THIRD PLACE and ordered unplaced from the 9th race on February 17, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                                1. May Be Fantastic Sa
                                2. Rocky El Roble
                                3. TF Im that Guy
                                4. JM Disco Rey
                                5. Silk Cartel
                                6. The Ocean King
                                7. King Kamahamaha
                                8. Sweet Solid Rock
                                9. Abbys Zoomer
Unplaced “Walken To The Moon” and “Gbh Gunsmoke” (Gbh Gunsmoke was disqualified for a positive drug test on July 1, 2017, Ruling #2017-DAA-8). 3. Per 15.2.1.9(B)(3)(d) Positive In A Trial Race, the horse “Walken To The Moon” is hereby disqualified from THIRD PLACE and ordered unplaced from the 9th race on March 10, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                                1. JmApollo
                                2. May Be Fantastic Sa
                                3. Rattle N Battle
                                4. Flare For Ivory
                                5. Sf Hot Pass
                                6. Fine Oak Corona
                                7. Once Over
Unplaced “Walken To The Moon” and “Gbh Gunsmoke” (Gbh Gunsmoke was disqualified for a positive drug test on July 1, 2017, Ruling #2017-DAA-8). Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: prima facie evidence /15.2.1.7 (P)(15) Prohibited substance /15.2.6.9(B)(2)Penalty recommendations This ruling is written in accordance with Uniform Classification Guidelines for Foreign Substances, Page #18/ Per 15.2.1.9(B)(3)(d) Positive In A Trial Race If a positive test arises in a trial race, the horse is eligible for entry into a race for which the trial was conducted unless that positive test requires the horse to be placed on the steward’s list pursuant to Subsection C of 15.2.6.9 NMAC. The purse for both the trial and the race for which the trial was conducted will be held until the case has been adjudicated.15.2.3.8(B)(3)(k) NMAC: Redistribution of Purse/ 15.2.5.13(E)(4)(d) NMAC: Steward’s Authority for Disqualification/ 16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority 16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures 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
Name: JUAN ERNESTO POBLANO Ruling Date: 9/26/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-118-CC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 5000 Fine Paid: N
Suspension Start: Suspension End:
Ruling Text: 2017-RUI-118-Case Continued - Remanded back to Hearing Officer per Decision and Order

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

Respondents.

DECISION AND ORDER

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

FOR THE NEW MEXICO RACNG COMMISSION

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

Name: JOHNNY SOTO Ruling Date: 9/26/2018
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-117-CC Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 14500 Fine Paid: N
Suspension Start: 4/4/2017 Suspension End: 1/28/2019
Ruling Text: RE: 2017-RUI-117 - Case Continued/Remanded back to Hearing Officer.

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

Respondents.

DECISION AND ORDER

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

FOR THE NEW MEXICO RACNG COMMISSION

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

Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 7/26/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-38 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 1500 Fine Paid: Y
Suspension Start: 7/26/2017 Suspension End: 8/25/2017
Ruling Text: Trainer Jaime Aldavaz Sr. having been duly notified and appearing before the Board Of Stewards on July 26, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Dexamethasone (class 4 penalty category C drug) found in test sample NM26894 taken from the horse “First Moon Fire” who finished 1st in the 7th race, on May 5, 2017, at SunRay Park Racetrack. The original lab report indicated a finding of Dexamethasone at 51 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood. Sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and denied by Jaime Aldavaz Sr.

Licensee is found to be in violation of: 15.2.6.9(C)(1) : Prima Facie Evidence 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. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules. For Jaime Aldavaz Sr.’s 2nd Class 4C medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows:

        1. A ($1,500) Fifteen Hundred dollar fine, to paid on or before Aug. 26, 2017, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
        2. A 30 day suspension of all NMRC licenses starting July 26, 2017, through Aug. 25, 2017, inclusive.
        3. During said time of applicable suspension, Jaime Aldavaz 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 Jaime Aldavaz Sr are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).
This ruling is written in accordance with: 15.2.6.11(A): Trainer Responsibility: The trainer is responsible for the condition of horses entered in an official workout or race and is responsible for the presence of any prohibited drug, medication or other substance, including permitted medication in excess of the maximum allowable level, in such horses. A positive test for a prohibited drug, medication or substance, including permitted medication in excess of the maximum allowable level, as reported by a Commission approved laboratory, is prima facie evidence of a violation of this rule. In the absence of substantial evidence to the contrary, the trainer is responsible. 15.2.6.11(B) Trainer Responsibility A trainer shall prevent the administration of any drug or medication or other prohibited substance that may cause a violation of these rules. 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.
Name: MARIO SANCHEZ Ruling Date: 7/26/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-39 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ 750 Fine Paid: Y
Suspension Start: 5/6/2017 Suspension End: 5/31/2017
Ruling Text: Trainer Mario G. Sanchez having been duly notified, and appeared telephonically before the Board of Stewards May 5, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “Clenbuterol” detected at 179 pg/ml in the horse “Chasemyferraritodtop” (Test Sample #: NM25170), who finished 1st in the 2nd race on March 10, 2017, at Sunland Park. Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Mario G. Sanchez Licensee is found in violation of 15.2.6.9(C)(1-2-3) NMAC: Which states that "A finding by the Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race (b) therapeutic medications in excess of established acceptable levels". 15.2.6.9(C)(3) There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample.

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

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

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

Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 7/16/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-79 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2500 Fine Paid: Y
Suspension Start: 7/26/2017 Suspension End: 1/25/2018
Ruling Text: Trainer Jaime Aldavaz having been duly notified and appeared with translator Maggie Aldavaz before the Board of Stewards on July 15, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited Class 3B stanozolol metabolite “16 hydroxy-stanozolol” detected “A Fancy La Jolla” (test sample #NM23852), who finished 2nd place in the 7th race, on February 10, 2017, at Sunland Park Racetrack in Sunland Park, NM.16 hydroxy-stanozolol”” was confirmed in the split sample sent to Texas A&M.

The Estate of Currie Maben, the owner of record for the horse “A Fancy La Jolla”, was duly notified and represented by Nadine Maben for the hearing. This is The Estate of Currie Maben’s FIRST Class 3B medication violation in a LIFETIME, issued in accordance with 15.2.6.9.(B)(2)Penalty recommendations.

MIDIGATING CIRCUMSTANCES: trainer has had no medication violations since June of 2015. AGGRIVATING CIRCUMSTANCES: the stanozolol metabolite “16 hydroxy-stanozolol” is prohibited in out of competition testing and/or post race, per rule 15.2.6.9(G)(1)(3)ANDROGENIC-ANABOLIC STEROIDS, unless prescribed by a veterinarian pursuant to rule 15.2.6.9(C)(11) Procedure For Prescribing Medication. Jaime Aldavaz failed to follow proper procedures for the use of Stanozolol.

After considering the mitigating and aggravating circumstances, for Jaime Aldavaz’s THIRD Class 3B medication violation in a LIFETIME, the Board of Stewards assessed a penalty in accordance with 15.2.6.9.(B)(2)Penalty recommendations as follows.

    1. A 6 month suspension of all NMRC licenses starting July 26, 2017, through January 25, 2018 inclusive.
    2. 2. ($2,500) two thousand and five hundred dollar fine to paid on or before August 16, 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, Jaime Aldavaz 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 Jaime Aldavaz 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) Prima Facie/15.2.6.9(G)(1)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/15.2.6.9. B(2) Penalty recommendations This ruling is written in accordance with15.2.6.11(A) NMAC: Trainer Responsibility16.47.1.10(B)(1) NMAC: Absolute Insurer 16.47.1.8(L)(2) Written Notice Of Suspension Or Revocation To Licensee And Other Jurisdictions/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 GUTIERREZ ALDAVAZ Ruling Date: 7/8/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-21 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Trainer Jaime Aldavaz Sr. having been duly notified and failing to appear before the Board Of Stewards on July 5, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the therapeutic drug, Dexamethasone (class 4 penalty category C drug) found in test sample NM26894 taken from the horse “First Moon Fire” who finished 1st in the 7th race, on May 5, 2017, at SunRay Park Racetrack. The original lab report indicated a finding of Dexamethasone at 51 pg/ml in the blood, the allowable limit for Dexamethasone is 5 pg/ml in the blood. Sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and denied by Jaime Aldavaz Sr. Licensee is found to be in violation of: 15.2.6.9(C)(1) : Prima Facie Evidence 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. 16.47.1.8 (U)(1) PROTECTION OF HORSES Each person licensed by the commission shall do all that is reasonable and within their power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

For Jaime Aldavaz Sr.’s 3rd Class 4C medication violation, in a 365-day period, issued in accordance with 15.2.6.9 (B)(4), the Board of Stewards assessed a penalty as follows:

    1. A ($2,500) Two thousand Five Hundred dollar fine, to paid on or before Aug. 7, 2017, in accordance with 15.2.3.8 (B)(3)(l) NMAC. Failure to pay fine in prescribed time may result in an immediate suspension.
    2. A 30 day suspension of all NMRC licenses starting July 16, 2017, through Aug. 15, 2017, inclusive.
    3. During said time of applicable suspension, Jaime Aldavaz 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 Jaime Aldavaz Sr are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c).

This ruling is written in accordance with: 15.2.6.11(A): Trainer Responsibility: The trainer is responsible for the condition of horses entered in an official workout or race and is responsible for the presence of any prohibited drug, medication or other substance, including permitted medication in excess of the maximum allowable level, in such horses. A positive test for a prohibited drug, medication or substance, including permitted medication in excess of the maximum allowable level, as reported by a Commission approved laboratory, is prima facie evidence of a violation of this rule. In the absence of substantial evidence to the contrary, the trainer is responsible. 15.2.6.11(B) Trainer Responsibility A trainer shall prevent the administration of any drug or medication or other prohibited substance that may cause a violation of these rules. 16.47.1.8. T. KNOWLEDGE OF RULES: A licensee shall be knowledgeable of the rules of the commission; and by acceptance of the license, agrees to abide by the rules.

Name: JAIME GUTIERREZ ALDAVAZ Ruling Date: 7/14/2017
Jurisdiction: New Mexico Racing Commission Facility: Downs at Albuquerque
Ruling Number: 2017-DAA-21-RES Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: RE: 2017-DAA-21 - Ruling Rescinded

Trainer Jaime Aldavaz Sr. did not receive proper notice. Rescheduled hearing for 7/26/17.

Name: PAUL W JENSON Ruling Date: 6/25/2017
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2017-RUI-57 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text: Owner Paul Jenson, DMV having been duly notified failing to appear, and had his hearing held in absentia, in accordance with 15.2.1.9(B)(4)(d)Non Appearance, before the Board of Stewards on June 25, 2017, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC) for a confirmed positive for the prohibited (class 3 penalty B) drug “clenbuterol” detected in the urine of horse “Clay Court”(Test Sample #: NM26327), who finished 1st place in the 3rd race on April 18, 2017, at Sunland Park Racetrack in Sunland Park, NM. Clenbuterol was confirmed in the split sample sent to Texas A&M on May 31, 2017.

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

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

    1. Pursuant to rules 15.2.3.8 (B)(9)(a)(e)Stewards List, 15.2.6.9(C)(7)(c) Positive Test Report, 15.2.6.9(C)(8) Positive Test List, 15.2.6.9(C)(9)(a-d)List Removal Requirements, the horse “Clay Court” is placed on the Stewards list for a period of 60 days (beginning May 3, 2017). During this period, the papers are to be removed from the racing office and horse is denied entry until he passes a commission approved veterinary examination with a negative blood and urine test.
    2. The horse “Clay Court” is hereby disqualified from FIRST PLACE and ordered unplaced from the 3rd race on April 18, 2017, at Sunland Park Racetrack, for all but pari-mutuel wagering. The purse redistribution is as follows.
                1. Sleepin Pro
                2. Naevussquall
                3. Reeser
                4. Dodson
                5. Running Fauzett
                6. Francisco
                7. Tom’s Hat
                8. Somethin Hot
                9. Kiss My Hennessy
                10. Mr. Moo
Unplaced “Clay CourtLicensee is found in violation of 15.2.6.9(C)(1-2-3) Prima Facie Evidence /15.2.6.9(C)(3) Clenbuterol There is no permissible concentration of Clenbuterol that is allowed to appear in any official sample/ 16.47.1.8 (U)(1) PROTECTION OF HORSES 15.2.6.9. B.(2) Penalty recommendations This ruling is written in accordance 15.2.3.8(B)(3)(k) NMAC: Purse Redistribution 15.2.5.13(E)(4)(d) NMAC: Stewards Authority 15.2.1.8(B)(1) COMMISSION GENERAL AUTHORITY/15.2.3.8 B (3)(a)(f) Stewards Disciplinary Action/15.2.3.8 B (1) (a)(c)(d)Stewards General Authority/16.47.1.8 (T) KNOWLEDGE OF RULES /16.47.1.3 Statutory Authority /16.47.1.8 (A)(1)(2) License Required /16.47.1.8(N) Last Known Address/ 16.47.1.8(L)(1)(e) Grounds For Disciplinary Measures/ 15.2.1.9(B)(9)(a)Failure to Appeal/ 15.2.1.9(B)(9)(b): Appeal Procedures Which states in pertinent part that "An appeal under this section must be filed not later than 10 days after the date of the ruling. If the deadline falls on a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The appeal must be received by noon, at the main commission offices or with the stewards who issued the ruling and must be accompanied by a fee in the amount of $500. The fee must be in the form of cash, a cashier’s check, money order or personal check."
Name: JOHNNY SOTO Ruling Date: 4/4/2017
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2017-SUN-169 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 4/4/2017 Suspension End:
Ruling Text: Trainer, Johnny Soto, is hereby summarily suspended (effective immediately, April 4, 2017) for the detection of the Class A drug Ractopamine in sample #NM25130, per 15.2.1.9(B)(3)(a).

In accordance with 15.2.1.9 (C)(21), Johnny Soto is hereby excluded from all areas of the grounds under the jurisdiction of the NMSRC and all horses owned, trained, or under the care Johnny Soto are denied further entry, pending the outcome of his hearing on April 11, 2017,@ 9:30 am in the Board of Steward’s office at Sunland Park Racetrack, in Sunland Park, NM. (1200 Futurity Drive Sunland Park, New Mexico 88063), ) 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

Name: HECTOR N. CHAVEZ Ruling Date: 12/20/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunland Park
Ruling Number: 2016-SUN-317 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 Hector Chavez having been duly notified and having waived his right to a 10 day notice and 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 therapeutic drug, Dexamethasone (class 4 penalty category C drug) found in test sample NM21385 taken from the 2nd place finisherGrind It Out” following the first race, on November 6, 2016, at Zia Park Racetrack in Hobbs, NM. The original lab report indicated a finding of Dexamethasone at 77 pg/ml in the blood, which is above the allowable limit of 5 pg/ml in the blood (15.2.6). Split sample rights as provided in 15.2.6.10 (D) NMAC, were afforded to and declined by Hector Chavez. For this first Class 4C medication violation in a 365- day period issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, the Board of Stewards assessed Hector Chavez a penalty as follows:
    1. A ($1,000) one 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.
    2. The horse “Grind It Out” must pass a commission approved veterinary examination before being eligible to enter.

Hector Chavez is found to be in violation of: 15.2.6.9(C)(1-2-3) NMAC: Prima Facie Evidence; 15.2.6.9 C. 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)(k) NMAC: Redistribution of Purses, Prizes, Awards and Trophies; 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: GUADALUPE F TRISTAN Ruling Date: 12/9/2016
Jurisdiction: Louisiana Racing Commission Facility: Evangeline Downs
Ruling Number: 21987 Ruling Type: Failure to Conduct Business in Proper Manner
Breed: Quarter Horse Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text:
Failure to inform the stewards of a substitute saddler for race 2, November 26, 2016.
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: JESSE LEE YOAKUM Ruling Date: 8/16/2016
Jurisdiction: Texas Racing Commission Facility: Retama Park
Ruling Number: RETA2567 Ruling Type: Medication/Drug Violation - Animal
Breed: Quarter Horse Division: Horse
Fine Amount: $ 500 Fine Paid: Y
Suspension Start: 8/16/2016 Suspension End: 8/30/2016
Ruling Text:
    Upon being duly notified, Owner/Trainer Jesse Yoakum waived hearing telephonically, was fined five hundred dollars and his TxRC occupational license was suspended fifteen days (08/16/16 through 08/30/16) by the Lone Star Park Board of Stewards for class 4 Clenbuterol at a level of 340.6 +/- 25 pg/ml in the test sample (RP042771) collected from the horse The Field Cricket, the winner of the fifth race at Retama Park on 07/29/16.
   
   During the term of this suspension Jesse Yoakum is denied access to all facilities under the jurisdiction of the Texas Racing Commission. Horses owned or trained by Jesse Yoakum are denied entry pending sale or transfer to a party approved by the Board of Stewards.
 
    First violation in a 365 day period.
   
   The horse The Field Cricket is hereby disqualified and declared unplaced in the fifth race at Retama Park on 07/29/16 and the purse is to be redistributed as follows:
 
   Fifth Race at Retama Park on 07/29/16
                                   
   1. Stolis Pro
   2. KJR Tocaille                                                      
   3. Dashers Midnight                                                   
   4. Captain Creed                                            
   5. Jess Twice Cash                                                              
   6. EBW More Wkisky                                                 
   7. Corona La Jolla                                         
        Unplaced: The Field Cricket
Name: LOUIS L ZACHERLE Ruling Date: 7/14/2016
Jurisdiction: Oregon Racing Commission Facility: Grant's Pass Downs
Ruling Number: GPD16-036 Ruling Type: Medication/Drug/Alcohol Violation - Human
Breed: Thoroughbred Division: Horse
Fine Amount: $ 100 Fine Paid: Y
Suspension Start: Suspension End:
Ruling Text: Mr. Louis Zacherle, a jockey, was in the jockey room 15 minutes prior to riding in the first race at Grants Pass Downs. He tested .143 blook alcohol in his system and had to be removed from all this mounts that race day, causing various trainers to find substitute riders. He was fined $100.00. IT should be noted Mr. Zacherle was on federal felony probation and this was a violation of that probation status. His subsequent disorderly conduct violation in 2018 also constituted a violation of his federal probation and was discovered at that time. The FBI obtained this, and the 2018 ruling , to add to his parole violations at the reservation in Washington State; placing him in jail for a period of time.
Name: GERARDO OCHOA Ruling Date: 7/8/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-77 Ruling Type: Medication/Drug Violation - Animal (Associated Ruling)
Breed: Mixed Division: Mixed
Fine Amount: $ 2000 Fine Paid: Y
Suspension Start: 7/18/2016 Suspension End: 9/1/2016
Ruling Text: Trainer Gerardo Ochoa-Pena having been duly notified and appeared before the Board Of Stewards on July 8, 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 “Mr. Mo Runaway”, who finished 3rd place in the third race, on April 22, 2016 at Sunland Park Racetrack. Test Sample #: NM16045. (The original lab report indicated a finding of clenbuterol at 166 pg/ml in the urine. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Gerardo Pena-Ochoa.)

Owner Eusebio V. Sanchez was duly notified, failed to appear, and had his hearing held in absentia. He is the owner of record for horse “Mr. Mo Runaway” which was the subject of the clenbuterol positive.

Gerardo Ochoa-Pena 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."

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 Gerardo Ochoa-Pena a penalty as follows: A 45 day suspension of all NMRC licenses beginning July 18, 2016 through September 1, 2016, inclusive.

A ($2,000) two thousand dollar fine to paid on or before August 8, 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. The horse “Mr. Mo Runaway must pass a commission approved veterinary examination before being eligible to enter. Loss of purse from the third race, on April 22, 2016 at Sunland Park Racetrack and the horse Mr. Mo Runaway” is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows

    1. Chill It
    2. Luvthem Blazinchicks
    3. Officer Moonflash
    4. Jj Jessies Girl
    5. Bankie Bay
    6. A Horse Called Buddy
    7. Shes a Fighter
    8. Divetime Dude
UNPLACED “MR. MO RUNAWAY” During said time of applicable suspension, Gerardo Ochoa-Pena 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 Gerardo Ochoa-Pena are ineligible to be entered or start in any race in this jurisdiction, per 15.2.1.9 (C)(21)(c) NMAC.

Name: JAVIER M CHAVEZ Ruling Date: 7/4/2016
Jurisdiction: New Mexico Racing Commission Facility: Ruidoso Downs
Ruling Number: 2016-RUI-75 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 Javier M. Chavez having been duly notified and having appeared before the Board Of Stewards on July 4, 2016, regarding a lab report from UC/Davis (official testing laboratory for the NMSRC), for a confirmed positive for the prohibited foreign drug, clenbuterol (class 3 penalty category B drug) Phenylbutazone, and Flunixin (staking violation, penalty class 3 category C drug) found in test sample NM16618 taken from the winner “Untangled Vines” following the 2nd race, on March 27, 2016 at Sunland Park Racetrack in Sunland Park, NM. (second confirmed violation within a 365- day period) and for a confirmed positive of the prohibited foreign Class 3B drug “clenbuterol” detected in horse “California Gurl”, who finished 1st place in the 3rd race, on April 23, 2016 at Sunland Park Racetrack in Sunland Park, NM. Test Sample #: NM16069. (third violation within 365-day period).

(The original lab report indicated a finding of clenbuterol at 212 picograms per milliliter in the urine, Phenylbutazone at 3.33 micrograms per milliliter in the blood, Flunixin at 16.4 nanograms per milliliter in the blood in sample NM16618. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Gerardo Gutierrez.)

(The original lab report indicated a finding of clenbuterol at 158 pg/ml in the urine in sample NM16069. Split sampling rights, as provided in 15.2.6.10 (D) NMAC were afforded to, and waived by Gerardo Gutierrez.) Trainer Gerardo Gutierrez is the trainer of record for horses Untangled Vines" and “California Gurl” which was the subject of the clenbuterol positive.

Javier M. Chavez 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” 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.

The Board of Stewards assessed Javier M. Chavez a penalty as follows: For this second Class 3B medication violation in a 365- day period (refer to rulings 2016-RUI-54) issued in accordance with 15.2.6.9 (C)(2)(b) NMAC,

1. The horse “Untangled Vines” must pass a commission-approved examination before becoming eligible to be entered. 2. Loss of purse from the 2nd race, on March 27, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse“Untangled Vines” is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows.

    1. Oh Papas Baby
    2. Jl Diamond Jack
    3. Miss Corona Dasie
    4. Red Finch
    5. RI Jess Ryder
UNPLACED “Untangled Vines” also ordered unplaced were “Racers Regard” and “Transfusion”

For this third Class 3B medication violation in a 365- day period (refer to rulings 2016-RUI-54, 2016-RUI -73, 2016-RUI-74) issued in accordance with 15.2.6.9 (C)(2)(b) NMAC, 15.2.6.9 C. PENALTY RECOMMENDATIONS:(2) Category B penalties will be assessed against a owner for violations due to the presence of a drug carrying a category B penalty and for the presence of more than one NSAID in a plasma/serum sample. Recommended penalties for category B violations and for the presence of more than one NSAID in a plasma/serum sample for a licensed trainer are as follows: Third Lifetime offense (365-day period) in any jurisdiction 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 3. A ($5,000) five thousand dollar fine to paid on or before August 3, 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. 4. The horse “California Gurl” shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered. 5. Loss of purse from the 3rd race, on April 23, 2016 at Sunland Park Racetrack in Sunland Park, NM, and the horse California Gurl”, is HEREBY DISQUALIFIED AND ORDERED UNPLACED. The new order of finish is as follows. 6. Go For Sixes 7. Chicks Fast Prize 8. Unforgottenrareform 9. Hiding a Secret 10. Parhelion 11. The Devils Rainbow 12. Wontchadancewithme 13. Rapido James 14. Buccaneer Angel UNPLACED California Gurl”,

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: 5/29/2016
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2016-SRP-59 Ruling Type: Medication/Drug Violation - Animal
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
Owner Javier M. Chavez being represented by Trainer Gerado Gutierrez having been duly notified, and having appeared before the Board of Stewards on May 29, 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 drugs “Phenylbutazone” and “Flunixin” which was found in sample NM19274, after it was collected from the horse,  “Vegas Cartel” which finished first in the 3rd race, April 23,2016, at SunRay Park;
 
(The original lab report indicated a finding of Phenylbutazone at 0.60 mcg/ml and Flunixin at 19 ng/ml in urine. 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(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;
 
A warning, as this is a 1st positive test violation in the past 365 day period, and is issued in accordance with 15.2.6.9 (C)(3)(c) NMAC. The fine is to be paid on or before any reinstatement date, in accordance with 15.2.3.8(B)(3)(l) NMAC.  
 
                                    BY ORDER OF THE SUNLAND PARK BOARD OF STEWARDS
 
 
 
 
Appeal Filing Deadline: 15.2.1.9(B)(9)(b)NMAC: Which states in pertinent part that "An appeal under this section must be filed not later than 10 days from the date of the ruling.  The appeal must be filed at the main Commission offices, or with the Stewards who issued the ruling.
Name: JOEL MARTINEZ Ruling Date: 11/23/2015
Jurisdiction: New Mexico Racing Commission Facility: Zia Park (Hobbs)
Ruling Number: 2015-ZIA-297 Ruling Type: License Denied, Rescinded, Revoked, Suspended, Withdrawn or Exclusion
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: 11/23/2015 Suspension End:
Ruling Text: With regard to Jockey JOEL MARTINEZ JR, having received information of a suspension of his racing license as outlined in ruling # 15-WRD-084, issued on November 14, 2015, by the Will Rogers Downs Board of Stewards in Oklahoma;

(Mr. Martinez Jr. was sanctioned as a result of failure to appear for a hearing concerning his failure to honor riding engagements. Additionally, Mr. Martinez Jr was penalized with a suspension of his license, a fine of $800.00 and was excluded from all areas under the jurisdiction of the Oklahoma Racing Commission).

This matter having come before the Board of Stewards on this date, it is hereby ordered that any/all New Mexico Racing Commission held licenses issued to JOEL MARTINEZ JR are hereby suspended, effective this date, and will remain suspended until such time that he is reinstated by a Board of Stewards in Oklahoma.

This ruling is in accordance with:

15.2.1.9 (B)(8)(c) NMAC: Which states in pertinent part “The Stewards shall honor rulings issued by other Pari Mutuel Commissions”.

15.2.1.9 (C)(21)(c) NMAC: Which states in pertinent part “If an individual is excluded under this section, any race animal owned, or trained by, or under the direct supervision of, is ineligible to be entered, or to start in any race in this jurisdiction”.

15.2.1.9 (C)(22)(a) NMAC: Which states in pertinent part “The Stewards shall honor the rulings from other Pari Mutuel jurisdictions regarding license suspensions, revocations, or eligibility of horses”.

During said time of applicable suspension, JOEL MARTINEZ 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.

BY ORDER OF THE ZIA PARK BOARD OF STEWARDS

_________________ _________________ __________________ DAVID KEITER BOB ALLISON JILL CATHEY

Apeal 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: JESSE LEE YOAKUM Ruling Date: 11/19/2015
Jurisdiction: Texas Racing Commission Facility: Lone Star Park
Ruling Number: LSP3153 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:
 Upon being duly notified, Owner/Trainer Jesse Yoakum waived hearing and was fined two hundred fifty dollars by the LSP Board of Stewards for two containers of Equine Plazma that were found during a TxRC compliance inspection of a freezer in a tack room assigned to Mr. Yoakum at Lone Star Park on 10/24/14.
 
   First violation in a 365 day period.
Name: GARY ROYBAL Ruling Date: 8/14/2015
Jurisdiction: New Mexico Racing Commission Facility: Sunray Park
Ruling Number: 2015-SRP-134 Ruling Type: Appeal/Stay Denied, Withdrawn, or Waived
Breed: Mixed Division: Mixed
Fine Amount: $ Fine Paid: Not Reported
Suspension Start: Suspension End:
Ruling Text:
A hearing was held in the stewards office at SunRay park on August 14, 2015, at 8:30 AM regarding the letter of objection delivered to the New Mexico Racing Commission on August 12, 2015.

The letter states “At Sunray Park, Mr. Gary Roybal believes the horse “Hay Man Mark was ridden carelessly and in doing so changed the outcome of the race”.

The board of stewards find that the protest was not filed in a timely manner as stated in 15.2.5.14 (D) (1).

15.2.5.14 D. PROTESTS:
(1) A protest against any horse, which has started in a race, shall be made to the stewards in writing, signed by the protestor, and must be accompanied by a fee in the amount of $500 in the form of a cashier’s check, money order or personal check within 48 hours of the race.


The ninth race on Sunday, August 9, 2015 went off at 4:44 PM. 48 hours after the race was 4:44 PM Tuesday August 11, 2015. The letter was not filed with the commission until Wednesday August 12, 2015 which exceeded the 48 hour limit.

Since the protest time had expired when the protest was filed, the appeal is denied and no further action will be taken also the fees, if any, that accompani