Gaming Commission Rulings Database
| Licensee: ROBERT W. HARMON * |
| Licensed As: OWNER-TRAINER |
| Notice Number: MO 196-2011 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 07/25/2011 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.2(h)4120.4 4002.8 4002.9(a.c.)4119.7(b)4119.9(a)4003.46 4119.8 |
| Ruling Text: YOU ARE HEREBY NOTIFIED TO SHOW CAUSE before the New York State Racing and Wagering Board (the "Board"), at the Board office located at One Broadway Center, Suite 600, Schenectady, New York, at 10:00 a.m. on Wednesday, Thursday, and Friday, September 14, 15, and 16, 2011, and pursuant to New York State Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") § 309(2), Article 3 of the State Administrative Procedure Act, 9 NYCRR, Part 5402 and the applicable Board rules, why you should not be fined and your license(s) to participate in pari-mutuel harness racing in New York State be suspended or revoked, and/or you should not be excluded as a licensee, participant, or patron from all New York State tracks, because: 1. On March 25, 2011, the horse "HF’s Super Star," trained by you, competed in the 3rd race at Yonkers Raceway with the drug oxymetazoline having been administered within one week of the scheduled post time of its race, in violation of 9 NYCRR §§ 4120.2(h) and 4120.4; 2. On March 28, 2011, the horse "Hello and Goodbye," trained by you, competed in the 4th race at Yonkers Raceway with the drug oxymetazoline having been administered within one week of the scheduled post time of its race, in violation of 9 NYCRR §§ 4120.2(h) and 4120.4; 3. On April 1, 2011, the horse "HF’s Super Star," trained by you, competed in the 4th race at Yonkers Raceway with the drug oxymetazoline having been administered within one week of the scheduled post time of its race, in violation of 9 NYCRR §§ 4120.2(h) and 4120.4; 4. Your character and general fitness are such that your participation in harness racing is inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, contrary to Racing Law § 309(2) and 9 NYCRR §§ 4002.8, 4002.9(a, c), 4119.7(b), and/or 4119.9(a), based on the foregoing and your history in racing including equine drug violations; and 5. You should be expelled from the premises of all pari-mutuel racetracks in New York state as an undesirable person whose conduct has been detrimental to the best interest of harness racing pursuant to Section 309(2) of the Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") and 9 NYCRR §§ 4003.46 and 4119.8. STIPULATION, 11/28/2011: upon the mutual promises and considerations set forth in this Agreement, the parties agree to settle this matter as follows: 1. The New York State Racing and Wagering Board (“Board”) and respondent Robert W. Harmon hereby agree to the disposition of his pending matter as set forth herein. 2. Robert W. Harmon acknowledges that he has committed the three (3) violations of 9 NYCRR §§ 4120.2(h) and 4120.4, which occurred as follows: (i) the horse "HF’s Super Star," trained by him, competed in the 3rd race at Yonkers Raceway on March 25, 2011, with the drug oxymetazoline having been administered within one week of the scheduled post time of its race; (ii) the horse "Hello and Goodbye," trained by him, competed in the 4th race at Yonkers Raceway on March 28, 2011, with the drug oxymetazoline having been administered within one week of the scheduled post time of its race; and (iii) the horse "HF’s Super Star," trained by him, competed in the 3rd race at Yonkers Raceway on April 1, 2011, with the drug oxymetazoline having been administered within one week of the scheduled post time of its race. 3. Respondent agrees that his penalty for these violations is that he shall pay a total fine of Five Thousand Dollars ($5,000) and his occupational license(s) to participate in pari-mutuel racing in New York State shall be suspended for a period of one hundred eighty (180) days, beginning on December 1, 2011; to wit, from December 1, 2011 to May 28, 2012, inclusive. 4. Respondent agrees that during his period of suspension, he shall not directly or indirectly participate in New York State pari-mutuel horse racing, he is denied the privileges and use of the grounds of all racetracks, and he is forbidden to participate in any share of purses or related payment. Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, that (a) is owned or trained by him, or by 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 any arrangement 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 part of its racing or training. 5. Respondent understands and agrees that he shall be ineligible to participate in racing unless and until his fine is paid; and that failure to pay within 30 days, i.e., by his delinquency date of December 30, 2011, will result in the assessment of interest and/or a late payment charge and may result in other collection charges. 6. Respondent waives his right to bring a judicial challenge to any of the actions of the New York State Racing and Wagering Board, its members, agents, or employees, with respect to these matters, in any state or federal court or other forum. 7. Respondent has read all of the above conditions and understands and agrees to comply with these conditions. He understands that his participation in racing is conditioned upon his compliance with this agreement. 8. This Settlement Agreement represents the full, final and complete agreement between Respondent and Office of Board Counsel and the resolution of this matter. It may be individually executed and read collectively as though each party had signed the same original. |
| Suspended: 12/01/2011 to 05/28/2012 (180 days) |
| Fined: $5000.00 |
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