Gaming Commission Rulings Database
| Licensee: DENIS O. CORTES |
| Licensed As: GS - TV CREW |
| Notice Number: MO 285-2011 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 10/13/2011 |
| Status: CLOSED |
| Ruling Type: Revocation |
| Rule(s): 4042.5(a)(c) |
| Ruling Text: PLEASE TAKE NOTICE that your license to participate in pari-mutuel thoroughbred racing as a General Services employee 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 Tuesday, October 18, 2011, at 10:00 a.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 § 220(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 September 28, 2011, you submitted a sample for human drug testing which tested positive for the presence of marijuana, in violation of your April 14, 2010 “Consent to Conditions for Re-Instatement” and 9(E) NYCRR § 4042.5 (a) and (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, September 28, 2012, Kristen M. Buckley: ORDERED, that the summary suspension of Mr. Cortes license to participate in pari-mutuel thoroughbred racing is upheld and ORDERED THAT Mr. Cortes’ valid receipt and any privilege to participate as a General Services employee in thoroughbred racing be, and hereby is, revoked. |
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