Gaming Commission Rulings Database
| Licensee: HEIDI E. ROHR |
| Licensed As: None (Unknown) |
| Notice Number: MO 198-2011 |
| 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, because: 1. On March 28, 2011, (a) the horse "Warden Woodie," trained by you, competed in the 10th race at Monticello Raceway, and (b) the horse "Hurrikane Jon Paul," trained by you, competed in the 9th race at Yonkers Raceway, each 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, for which you were fined Four Thousand Dollars ($4,000) and your occupational license was suspended for one (1) year as set forth in Notice MR 59-2011 (copy annexed); 2. 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 of racing violations; and 3. 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, 11/29/2011: 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 Heidi E. Rohr hereby agree to the disposition of her pending matter as set forth herein. 2. Heidi E. Rohr acknowledges that she has committed the two (2) violations of 9 NYCRR §§ 4120.2(h) and 4120.4, which occurred as follows: (i) the horse "Warden Woodie," trained by her, competed in the 10th race at Monticello Raceway on March 28, 2011, with the drug oxymetazoline having been administered within one week of the scheduled post time of its race; and (ii) the horse "Hurrikane Jon Paul," trained by her, competed in the 9th 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. 3. Respondent agrees that her penalty for these violations is that she shall pay a total fine of Two Thousand Dollars ($2,000) and her occupational license(s) to participate in pari-mutuel racing in New York State shall be suspended for a period of one hundred twenty (120) days, beginning on December 1, 2011; to wit, from December 1, 2011 to March 29, 2012, inclusive. 4. Respondent agrees that during her period of suspension, she shall not directly or indirectly participate in New York State pari-mutuel horse racing, she is denied the privileges and use of the grounds of all racetracks, and she 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 her, or by any individual who serves as her agent or employee, during her suspension; or (b) for which she during her 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 she shall be ineligible to participate in racing unless and until her fine is paid. The Board acknowledges that respondent has already paid the initial fine of four thousand dollars ($4,000) and that the Board will promptly remit the difference of two thousand dollars ($2,000) to her. 6. Respondent waives her 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. She understands that her participation in racing is conditioned upon her 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. (REFERENCE RULING NOTICE MR 2011-59) |
| Suspended: 12/01/2011 to 03/29/2012 (120 days) |
| Fined: $2000.00 |
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