Gaming Commission Rulings Database
| Licensee: JUAN BARCO |
| Licensed As: GROOM |
| Notice Number: MO 378-2008 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 10/21/2008 |
| Ruling Type: Order Issued |
| Rule(s): 4042.5 of 9 |
| Ruling Text: YOU ARE HEREBY ORDERED TO SHOW CAUSE, before the New York State Racing and Wagering Board, at its office located at One Broadway Center, Sixth Floor, Schenectady, New York, on Thursday, November 13, 2008 at 11:00 a.m., why, pursuant to Section 213(2) of the New York State Racing, Pari-Mutuel Wagering and Breeding Law, your license to participate in pari-mutuel thoroughbred racing as a Groom should not be revoked, and any license application currently before the Board be should not denied, because: 1. You tested positive for the presence of cocaine and marijuana in your system on or about September 7, 2008 in violation of section 4042.5 of 9 New York Codes Rules and Regulations; 2. You have failed to abide by the terms of voluntary agreement which you signed on or about September 17, 2008 in that you have failed to be examined by a State certified drug/alcohol abuse treatment provider and comply with the diagnosis and/or recommendations for treatment as stated in the aforementioned voluntary agreement. YOU ARE FURTHER NOTIFIED that the hearing will be conducted pursuant to Racing, Pari-Mutuel Wagering and Breeding Law Section 213(3), State Administrative Procedure Act Article 3, and Part 5402 of Title 9 of the New York Codes Rules and Regulations. You may be represented by counsel, cross-examine witnesses, present evidence, and/or make arguments on your own behalf. The Racing and Wagering Board will make interpreter services available to deaf persons at no charge. This should be requested in writing at least one (1) week before the hearing date. YOU ARE FURTHER NOTIFIED 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 the consent of all parties are subject to the approval of the hearing officer. To request an adjournment, contact the Office of Counsel at (518) 395-5400 as soon as possible. YOU ARE FURTHER NOTIFIED that, if you do not appear at the hearing and you have not obtained an adjournment, the hearing shall take place as scheduled and a decision on the charges shall be made. This decision may result in the suspension or revocation of your license, the imposition of fines against you, and/or your expulsion from all New York State tracks. FINDINGS AND ORDER, FEBRUARY 27, 2009, Gail Pronti: ORDERED, that Mr. Barco’s license to participate as a groom in thoroughbred racing be, and hereby is, revoked. |
Note that the above data is current as of 10:47 AM EDT, Saturday, April 20, 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.