Gaming Commission Rulings Database
| Licensee: KENNETH J. DEVAUX |
| Licensed As: OWNER-TRAINER-DRIVER |
| Notice Number: MO 170-2012 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 06/01/2012 |
| Status: CLOSED |
| Ruling Type: Suspension |
| Rule(s): 4102.1 4102.3 4117.4(b) 4117.4(n) 4117.4(o) 4119.7(a)(5) 4119.7(b) |
| 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. This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law §§ 309.2.e and 321; 9(E) NYCRR §§ 4102.1, 4102.3,4117.4(b),4117.4(n), 4117.4(o) 4119.7(a)(5) and 4119.7(b); and/or State Administrative Procedure Act § 401(3), upon a finding of the Board that the public safety and welfare imperatively require this emergency action due to the nature of the violation and the need to assure the integrity of the racing conducted, as well as the safety of the participants and to protect the public safety and welfare, based upon the circumstances and charges stated more particularly as follows: 1. While driving horse # 5, Straightistheway, in the 9th race at Monticello on May 24, 2012, before the ¾ pole, you intentionally interfered with horse # 8, Better Next Time, and struck its driver, Gregory Annaloro, in the face, chin and cheek, with your whip, causing a laceration and probable permanent scar. 2. You had threatened Gregory Annaloro in the locker room at Monticello after the 12th race on May 22, 2012, stating you would get him on the race track. 3. On October 25, 2011, while driving horse #3, Southwind Irvin, in race 12 at Monticello you drove in a manner inconsistent with winning and so carelessly that you ran down horse # 2, Full Of Heart, causing it to injure its coffin bone to such an extent that it had to be nerved. Your horse, Southwind Irvin, was the second favorite in that race, and because of your drive it finished last. 4. The above conduct constituted a violation of the voluntary conditions which you signed to induce the Board to reinstate your license on September 9, 2009 following a 90 day suspension for careless riding and improper conduct during a race, at which time you were also ordered by the presiding judge to obtain an evaluation from a certified professional regarding anger management. 1/31/13 THE NEW YORK STATE RACING AND WAGERING BOARD, having summarily suspended the pari-mutuel harness racing licenses as an owner, trainer and driver of Kenneth J. Devaux upon a finding of the Board that the public safety and welfare imperatively required emergency action due to the nature of the violation and the need to assure the integrity of the racing conducted, as well as the safety of the participants and to protect the public safety and welfare, based upon the a finding that he violated the conditions of his licenses that he had signed on September 9, 2009, in that he intentionally interfered with another driver during a race at Monticello on May 24, 2012, causing injury, and had driven in a manner inconsistent with winning during a race at Monticello on October 25, 2011. A hearing having been regularly brought on pursuant to §401 (3) of the State Administrative Procedure Act and 9E NYCRR §5402.5 and the Respondent, Kenneth Devaux, having appeared and having testified at the hearing conducted on September 21, 2012 and the Hearing Officer having rendered his report on January 31, 2013, which is attached hereto and incorporated herein; THE BOARD, after due deliberation, having adopted the Hearing Officer’s findings of fact and conclusions of law on January 31, 2013, THEREFORE, upon the record, the Report of the Hearing Officer, and the findings and conclusions adopted herein, it is hereby ORDERED, that the pari-mutuel harness racing license of Respondent, Kenneth J. Devaux, is revoked, and he is declared ineligible to be licensed as a driver in pari-mutuel harness racing harness racing for 36 months, commencing on June 1, 2012; he is declared ineligible to be to be licensed as an owner and as a trainer for 12 months commencing on June 1, 2012; and he is denied the privileges of the grounds whether as a patron or otherwise, of all pari-mutuel harness tracks in the State of New York. DATED: SCHENECTADY, NEW YORK January 31, 2013 |
| Suspended: 06/12/2012 to 06/11/2013 (365 days) |
Note that the above data is current as of 7:13 PM EDT, Friday, April 26, 2024 and subject to change as more information becomes available.
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