Gaming Commission

Gaming Commission Rulings Database

Licensee: MIGUEL ALIAGA
Licensed As: STABLE EMPLOYEE
Notice Number: MO 384-2008
Racing Type: Thoroughbred
Track: Main Office
Notice Date: 10/23/2008
Status: CLOSED
Ruling Type: Suspension
Rule(s): 4042.5
Ruling Text: PLEASE TAKE NOTICE that your license to participate in pari-mutuel thoroughbred racing as a groom is hereby SUSPENDED IMMEDIATELY pending the disposition by the Board of the scheduled hearing before the New York State Racing and Wagering Board. This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 213(2); 9(E) NYCRR § 4042.5, subdivisions (a) and (c); and State Administrative Procedure Act § 401(3), upon a finding of the Board that the public safety and welfare imperatively require this emergency action in that your continued participation in racing is a potential cause of civil unrest and public harm and further, could result in an impairment of the public's confidence in pari-mutuel racing in New York State and have an adverse affect upon substantial State and public revenues and revenues to the industry in general generated by pari-mutuel racing, in that on February 17, 2008, you admitted to using marijuana, which is a prohibited controlled substance as described in subdivision (a) of 9E NYCRR 4042.5; and your occupational license to participate in thoroughbred racing was voluntarily surrendered on February 17, 2008; and you subsequently entered into a “Consent to Conditions for Racing Privileges” with the New York State Racing and Wagering Board on or about June 25, 2008 whereby you agreed to “to participate in the BEST program in a manner that is satisfactory to that program”; and on June 25, 2008 you were re-licensed as a groom based upon the signed consent conditions agreement; and on October 6, 2008, you were terminated from the Backstretch Employee Service Team (BEST) treatment program for failure to meet attendance requirements and refusal to follow clinical recommendations, in violation of both your consent to conditions agreement and 9(E) NYCRR § 4042.5(c); and under the present circumstances, you lack the general character and fitness for continued participation in pari-mutuel racing and your continued participation in pari-mutuel racing is presently inconsistent with the public interest, convenience, and necessity, and with the best interests of racing generally. FINDINGS AND ORDER, FEBRUARY 27, 2009, Gail Pronti: ORDERED, that Mr. Aliaga’s license to participate as a stable employee and groom in thoroughbred racing be, and hereby is, revoked.
Suspended: 10/23/2008 to ( days)

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