Gaming Commission Rulings Database
| Licensee: BRIAN F. HORLACHER |
| Licensed As: TRAINER-DRIVER |
| Notice Number: YR 147-2007 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 10/23/2007 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.16(a)(b)(1) & 4120.4& 4100.1(34) |
| Ruling Text: As Trainer of Record of Rascal Blue Chip who was scheduled to race on 09/24/2007 in the 8th race post #4. The horse's TCO2 level at that time exceeded the acceptable level as set forth in the above rules. During this period of your suspension you are denied the privileges of the grounds, no horses owned, trained, or driven by you shall be allowed to participate at any racetrack conducting pari-mutuel racing. FINDING AND ORDER, 7/14/2008, Gail Pronti: ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway that respondent Brian F. Horlacher, as responsible trainer, violated 9 NYCRR §§ 4120.13 and 4120.4, in that, the horse "Rascal Blue Chip," trained by him, competed at Yonkers Raceway on September 24, 2007 with a pre-race TCO2 level of 39 millimoles per liter or more, is affirmed; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway to impose a fine of one thousand dollars ($1000) and a 60 day license suspension, is affirmed; and ORDERED, that this suspension shall be effective at the discretion of the Presiding Judge at the New York State track where respondent participates; and ORDERED, that during his period of suspension, respondent Brian F. Horlacher shall not directly or indirectly participate in New York State pari-mutuel horse racing, he shall be denied the privileges and use of the grounds of New York State racetracks, and he shall be forbidden to participate in any share of purses. In addition, every horse shall be denied the privileges of the grounds and shall not participate in pari-mutuel racing (i) that is owned or trained by respondent Brian F. Horlacher during his period of suspension, (ii) that is owned or trained by any individual who continues to serve as his agent or employee during his period of suspension, or (iii) for which he directly or indirectly makes or executes, during his period of suspension, any arrangement with an owner or other person to care for, train, enter in a race, invoice, collect fees or other payments related to, employ workers for, or otherwise handle. 7/31/08- The New York State Racing and Wagering Board upheld Hearing Officer Russell H. Baller, Jr.’s recommendation that the occupational license of respondent Brian F. Horlacher be suspended for sixty (60) days and that he be fined $1,000 based upon violation of Board Rules 4120.13 and 4120.4 based on a TCO2 level in excess of the permissible levels in the pre-race blood of the horse Rascal Blue Chip, trained by Mr. Horlacher, which had competed at Yonkers Raceway on September 24, 2007. |
| Suspended: 07/22/2008 to 09/19/2008 (60 days) |
| Fined: $1000.00 |
Note that the above data is current as of 8:14 PM EDT, Monday, May 06, 2024 and subject to change as more information becomes available.
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