Gaming Commission Rulings Database
| Licensee: LONNY L. HALE |
| Licensed As: Owner, Trainer, Provisional Driver |
| Notice Number: MO 93-2011 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 05/17/2011 |
| Status: CLOSED |
| Ruling Type: Suspension |
| Rule(s): 4119.11 4119.11(a) |
| Ruling Text: PLEASE TAKE NOTICE that your license to participate in pari-mutuel harness racing as an owner, trainer, driver or otherwise is hereby SUSPENDED IMMEDIATELY pending the disposition by the Board of the scheduled hearing before the New York State Racing and Wagering Board or, if you refuse such hearing or default in appearing, SUSPENDED until such time as the Board in its discretion takes further action, including but not limited to license suspension or revocation or refusal to license. YOU ARE FURTHER NOTIFIED that a hearing in this matter will be held on Thursday, May 19, 2011, at 1:00 p.m.., at the Board offices located at One Broadway Center, Suite 600, Schenectady, New York, at which time you may be represented by counsel and present evidence and arguments on your own behalf. This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law §§ 309 and 321; 9(E) NYCRR § 4119.11; 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, under the present circumstances you lack the general character and fitness for continued participation in pari-mutuel racing and that 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, based upon the circumstances and charges stated more particularly as follows: On April 30, 2011 you appeared at Vernon Downs while hydromorphone, hydrocodone, and cocaine or a metabolite thereof was present in your system, in violation of 9(E) NYCRR Section 4119.11(a, c), and in violation of your Stipulation with conditions for reinstatement (for a valid receipt) dated October 19, 2004 (MO # 181-04), which was based upon your appearances at Yonkers Raceway on August 13, 2004 and previously, on September 13, 2002, while a metabolite of the drug cocaine was present in your system in violation of Board Rule 9(E) NYCRR Section 4119.11(a).YOU ARE FURTHER NOTIFIED that the hearing will be conducted pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 321, Article 3 of the State Administrative Procedure Act, and 9(E) NYCRR, Part 5402. You are advised that you may be represented by counsel, cross-examine witnesses, and present evidence and arguments on your own behalf. Interpreter services will be made available to deaf persons at no charge but should be requested in writing at least one week before the hearing date. PLEASE TAKE FURTHER NOTICE 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 consent of all parties are subject to the approval of the hearing officer. To request an adjournment, you should immediately contact the office of Counsel at (518) 395-5400, ext. 1402. If you do not appear or are not represented at the hearing and have not obtained an adjournment, the hearing will take place as scheduled and a decision on the charges will be made. This decision may result in the revocation or suspension of your license and the denial of any pending applications. STIPULATION OF SETTLEMENT, June 6, 2011, Rick Goodell: It is hereby STIPULATED that Mr. Hales: licenses are suspended until they expire (July 10, 2011) not reapply for his license until 60 days have passed from the date he was initially suspended by the Board, May 17, 2011 not be eligible to apply before July 16, 2011 complete a drug rehabilitation program and submit written evidence from a program that he completed a State certified drug counseling program participates in ongoing aftercare submit to a drug test administrated by the board prior to reapplying report as requested to members of the Board human drug program and submit as requested the Board administered drug test not engage in any activity that would not be permitted to because of being unlicensed provide a writing from a medical doctor certifying fitness to participate in racing in the driver and/or trainer categories in relation to use of prescription drugs |
| Suspended: to ( days) |
Note that the above data is current as of 12:05 PM EDT, Friday, April 26, 2024 and subject to change as more information becomes available.
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