Gaming Commission

Gaming Commission Rulings Database

Licensee: DAVID M. DEWHURST
Licensed As: OWNER-TRAINER
Notice Number: VD 100-2012
Racing Type: Harness
Track: Vernon Downs
Notice Date: 11/03/2012
Ruling Type: Fine & Suspension
Rule(s): 4120.4, 4120.5
Ruling Text: As trainer of record of the horses named Ziegler Hanover that raced in the 4th race on 7/12/2012, Mystical Valentine that raced in the 7th race on 7/21/2012 and Works For Me that raced in the 3rd race on 7/28/2012, after a finding of Levamisole with its metabolite Pemoline in your horse, you are hereby penalized for the administration of Levamisole and the presence of Pemoline, which is a metabolite of Levamisole. The penalty for the administration of Levamisole is a fine of $5,000.00 if appealed or $2500.00 if not appealed and a suspension of 75 days if appealed or 45 days if not appealed. The penalty for the presence of Pemoline is a one year suspension, which is hereby stayed under the condition that no further Pemoline positives - in any of its forms - are found to be in horses that you train for a period of one year. You are to be denied the privileges of all grounds subject to the jurisdiction of the NYSR&WB during the suspension period. In addition, any purse monies earned in these races by your horses must be returned to the track for redistribution and the horses must be clear of any illegal substances before they can race again. During your period of suspension, you shall not directly or indirectly participate in New York State pari-mutuel horse racing, you shall be denied the privileges and use of the grounds of New York State racetracks, and you shall be forbidden to participate in any share of purses. Every horse shall be denied the privileges of the grounds and shall not participate in pari-mutuel racing (1) that is owned by you during your period of suspension, (2) that is owned or trained by any individual who continues to serve as your agent or employee during your period of suspension, or (3) for which you directly or indirectly make or execute, during your 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. This shall not preclude your pre-suspension agents or employees, who are not serving as such during your suspension period, from participating in pari-mutuel racing as owners or trainers provided that they are duly licensed and perform their duties in compliance with the rules and regulations of the State of New York.
Suspended: 11/08/2012 to 12/22/2012 (45 days)
Fined: $2500.00

Note that the above data is current as of 11:47 AM EDT, Friday, May 03, 2024 and subject to change as more information becomes available.

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