Gaming Commission Rulings Database
| Licensee: DONNA WORMSER |
| Licensed As: None (Unknown) |
| Notice Number: AQ 57-2007 |
| Racing Type: Thoroughbred |
| Track: Aqueduct Racetrack (NYRA) |
| Notice Date: 11/09/2007 |
| Status: REQUEST WITHDRAWN |
| Ruling Type: Fine & Suspension |
| Rule(s): 4043.2 4043.4 4035.5 4022.13 4022.12 |
| Ruling Text: You are hereby suspended 30 days November 9, 2007 through December 8, 2007 inclusive and you are fined $1000.00 for the finding of the drug Clenbuterol in the post race sample of horse Star for a Day who finished 1st in the 11th race at Saratoga Race Course on August 25, 2007. This drug was administered in violation of New York State Racing and Wagering Board rule 4043.2. said horse is hereby disqualified and unplaced in the order of finish. You shall also be denied the privileges and use of the grounds of each and every New York State racetrack and no horse owned or trained by you and your agents or employee shall be allowed to participate in racing in New York State. Having appealed a stay has been granted. MAY 8, 2008, Stipulation of Settlement, Bill Sekellick: WHEREAS, the New York State Racing and Wagering Board ("Board") has suspended the license of Respondent, Donna M. Wormser to participate in pari-mutual horse racing in New York State for 30 days and issued a fine in the sum of $1,000.00 and disqualified “Starforaday” from the 11th race at Saratoga Race Course on August 25, 2007 because the horse “Starforaday”, trained by Respondent, competed in that race while the drug, clenbuterol, was present in its’ system, which had been administered to the horse within 96 hours of the scheduled post time of the race in violation of New York State Racing and Wagering Board Rule §4043.2(g)(5), for which Respondent is responsible pursuant to Rule §4043.4, and The Respondent having filed an appeal, pursuant to which a hearing had been scheduled for May 20, 2008, and a stay of the suspension having been granted, and WHEREAS, no person who is party to this proceeding is an infant or incompetent person for whom a committee has been appointed; NOW, upon the mutual promises and considerations set forth in this Stipulation of Settlement, the parties agree to settle this matter as follows: 1. The Respondent withdraws her appeal. 2. The Respondent consents to the disqualification of “Starforaday” from the 11th race at Saratoga Race Course on August 25, 2007. 3. The Respondent takes full responsibility pursuant to Rule §4043.4 for allowing “Starforaday”, trained by her to compete in that race while the drug, clenbuterol, was present in its system, which had been administered to the horse within 96 hours of the scheduled post time of the race in violation of New York State Racing and Wagering Board Rule §4043.2(g) (5). 4. The Respondent’s penalty shall be reduced from 30 days suspension and a $1,000.00 fine to 15 days suspension and a $500.00 fine. The suspension shall begin on June 30, 2008 and end July 14, 2008. She shall be eligible to participate on July 15, 2008. 5. If not already paid, the fine shall be paid within 15 days of the date of this stipulation. If the fine is not paid on time, she shall not be eligible to participate until the fine is paid, and unpaid fines are subject to the imposition of penalties and interest pursuant to the State Finance Law. 6. The Respondent agrees that during the period of suspension, she shall not participate in New York State pari-mutuel horse racing, directly or indirectly, and that she shall be denied the privileges and use of the grounds of New York State racetracks. Horses owned or trained by Respondent or those employees or agents who continue to serve as her agents or employees shall not, during such period of suspension, be allowed to participate in pari-mutuel racing and shall be denied the privileges of the grounds. 7. Respondent waives her right with respect to these matters to bring a judicial challenge to any of the actions of the Board, its members, agents, or employees, in any state or federal court or other forum, and to any further administrative proceeding. 8. Nothing in this stipulation shall affect the Respondent’s obligation as a result of the disqualification of the horse, “Starforaday”, from the 11th race at Saratoga Race Course on August 25, 2007, to return any purse money paid to Respondent as a result of the actual finish of the race prior to disqualification. |
| Suspended: 06/30/2008 to 07/14/2008 (15 days) |
| Fined: $500.00 |
Note that the above data is current as of 8:19 AM EDT, Saturday, April 20, 2024 and subject to change as more information becomes available.
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