Gaming Commission Rulings Database
| Licensee: VICTOR MORALES |
| Licensed As: None (Unknown) |
| Notice Number: MO 29-2012 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 01/18/2012 |
| Status: CLOSED |
| Ruling Type: Suspension |
| Rule(s): 4042.5 (a) (c) |
| Ruling Text: PLEASE TAKE NOTICE that your license to participate in pari-mutuel thoroughbred racing as a stable employee and groom 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 or denial. YOU ARE FURTHER NOTIFIED that a hearing in this matter will be held on Tuesday, January 24, 2012, 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. YOU ARE FURTHER NOTIFIED that the Board in the above captioned matter will also hear any evidence regarding the violations described herein relative to your pending application for a license as a stable employee, and whether such application or applications should be approved or denied. This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 220(2) and (3); 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 January 2, 2012, while on the grounds of Aqueduct Racetrack, you submitted a human drug test sample which tested positive for the presence of morphine and methadone, which is a prohibited controlled substance as described in subdivision (a) of 9E NYCRR 4042.5 and in violation of the “Consent to Conditions for Racing Privileges” agreement that you signed with the New York State Racing and Wagering Board on or about January 14, 2009, 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. FINDING AND ORDER, APRIL 3, 2012, Kristen M. Buckley: ORDERED, that the Board’s summary suspension of Mr. Morales’ licenses to participate as a groom and a stable employee in thoroughbred racing be, and is hereby, upheld, and ORDERED that Mr. Morales groom’s license and valid receipt as a stable employee be, and are hereby, revoked, and it is further ORDERED, that Mr. Morales is denied the privileges of the grounds, whether as a patron or otherwise, of all racetracks under jurisdiction of the Board. |
| Suspended: to ( days) |
Note that the above data is current as of 9:17 AM EDT, Thursday, April 25, 2024 and subject to change as more information becomes available.
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