Gaming Commission Rulings Database
| Licensee: GERALD H. DECKER |
| Licensed As: TRAINER |
| Notice Number: MR 45-2008 |
| Racing Type: Harness |
| Track: Monticello Raceway & Mighty M Gaming |
| Notice Date: 06/19/2008 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.13, 4120.4 |
| Ruling Text: As trainer of record of #5 Capitol Jet, who finished 5th in the 5th race at MR on 5/20/08 your horse's TC02 level exceeded the acceptable level, in violation of the above stated rules. During the 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 track conducting pari-mutual racing. Having appeared before a representative of the Board and filed an appeal, and having paid your fine, your suspension is hereby stayed pending further action by the Board. FINDING AND ORDER, Gail Pronti, 01/27/2009: The Presiding Judge at Monticello Raceway having imposed on respondent Gerald H. Decker a fine of one thousand dollars ($1000) and an occupational license suspension of 60 days because respondent trained a non-lasix horse (“Capitol Jet”) that competed with an excess pre-race TCO2 level at Monticello Raceway on May 20, 2008, in violation of 9 NYCRR §§ 4120.13 and 4120.4; respondent having timely appealed the decision to the Racing and Wagering Board; respondent having received proper notice and having participated in his appeal hearing held on September 24, 2008; and the Hearing Officer having filed his Report on December 29, 2008, the Board, after due deliberation, hereby adopts the Hearing Officer’s findings of fact and conclusions of law; THEREFORE, upon the record, the Report of the Hearing Officer and the findings and conclusions adopted herein, it is hereby, ORDERED, that the Decision of the Presiding Judge at Monticello Raceway that respondent Gerald H. Decker, as responsible trainer, violated 9 NYCRR §§ 4120.13 and 4120.4, in that, the non-lasix horse "Capitol Jet,” trained by him and racing at Monticello Raceway on May 20, 2008, had a pre-race TCO2 level of 37 millimoles per liter or more, is affirmed; ORDERED, that the Decision of the Presiding Judge at Monticello Raceway to impose on respondent Gerald H. Decker for this violation a fine of one thousand dollars ($1000) and a 60 day license suspension of his occupational license(s), is affirmed; and ORDERED, that this suspension shall be effective at the discretion of the Presiding Judge at the New York track where respondent Gerald H. Decker participates and that, during the period of his suspension, respondent shall not directly or indirectly participate in New York pari-mutuel horse racing, is denied the privileges and use of the grounds of all racetracks, and is forbidden to participate in any share of purses or other payment. Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, further, that is (a) owned or trained by him, or any individual who serves as his agent or employee, during his suspension; or (b) for which he during his suspension is involved, directly or indirectly, with its training including arrangements made to care for, train, enter, race, invoice, collect fees or payments, manage funds, employ or insure workers, provide advice or information, or otherwise assist with any aspect of the horse’s training. You are hereby notified that this suspension shall be effective beginning March 1, 2009, for 60 days, ending April 29, 2009. Your fine having been paid on June 19, 2008, you will be eligible to participate on April 30, 2009. |
| Suspended: 03/01/2009 to 04/29/2009 (60 days) |
| Fined: $1000.00 |
Note that the above data is current as of 10:10 PM EDT, Thursday, April 18, 2024 and subject to change as more information becomes available.
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