Gaming Commission Rulings Database
| Licensee: SANTIAGO G. AGOSTO |
| Licensed As: GROOM |
| Notice Number: MO 159-2011 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 07/15/2011 |
| Status: CLOSED |
| Ruling Type: Suspension |
| Rule(s): 4102.1, 4102.3, 4119.11 |
| Ruling Text: PLEASE TAKE NOTICE that your license to participate in pari-mutuel harness racing as a groom or otherwise is hereby SUSPENDED IMMEDIATELY pending the disposition by the Board of the scheduled hearing before the New York State Racing and Wagering Board or, if you refuse such hearing or default in appearing, SUSPENDED until such time as the Board in its discretion takes further action, including but not limited to license suspension or revocation or refusal to license. PLEASE TAKE FURTHER NOTICE that a hearing in this matter will be held at 11:00 A.M. on Thursday, July 21, 2011, at the Board offices located at One Broadway Center, Suite 600, Schenectady, New York, 12305 at which time you may be represented by counsel and present evidence and arguments on your own behalf. This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law §§ 309.2.e and 321; 9(E) NYCRR §§ 4102.1, 4102.3 and 4119.11; and/or State Administrative Procedure Act § 401(3), upon a finding of the Board that the public safety and welfare imperatively require this emergency action due to the nature of the violation and the need to assure the integrity of the racing conducted, as well as the safety of the participants and to protect the public safety and welfare, based upon the circumstances and charges stated more particularly as follows: On June 25, 2011, you submitted a positive human drug test (HDT) for cocaine, (metabolite benzoylecognine GC/MS, greater than 3000 ng/ml, cutoff 150), morphine, and hydrocodone, in violation of Rule §4119.11 and in violation of the conditions of your license which you signed on November 15, 2006. You also were convicted in 2010 for driving under the influence of drugs in December 2009, in violation of your conditions. PLEASE TAKE FURTHER NOTICE that the hearing will be conducted pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 321, Article 3 of the State Administrative Procedure Act, and 9(E)NYCRR, Part 5402. You are advised that you may be represented by counsel, cross-examine witnesses, and present evidence and arguments on your own behalf. Interpreter services will be made available to deaf persons at no charge but should be requested in writing at least one week before the hearing date. PLEASE TAKE FURTHER NOTICE that the hearing may be adjourned at the discretion of the hearing officer for good cause shown upon the request of any party. Adjournments on consent of all parties are subject to the approval of the hearing officer. To request an adjournment, you should immediately contact William Sekellick, Assistant Counsel at (518) 395-5400 ext.1404. Requests for adjournment must be made at least two days prior to the scheduled hearing. If you do not appear or are not represented at the hearing and have not obtained an adjournment, the hearing will take place as scheduled and a decision on the charges will be made. This decision may result in the revocation or suspension of your license and the denial of any pending applications. FINDINGS AND ORDER, September 6, 2011, Kristen Buckley: ORDERED, that the Harness Racing groom’s license of Respondent, Santiago G. Agosto, shall remain suspended until such time as he demonstrates himself fit to participate in horse racing by entering and completing an accredited drug abuse treatment program, and otherwise satisfies the usual board licensing requirements. |
| Suspended: to ( days) |
Note that the above data is current as of 11:36 PM EDT, Tuesday, April 30, 2024 and subject to change as more information becomes available.
The New York State Gaming Commission takes reasonable measures to ensure that the data and information on this website is accurate and current. However, the Commission makes no express or implied warranty regarding this information or data and expressly disclaims all legal liability and responsibility to persons or entities who use or access this website and its content.