Gaming Commission Rulings Database
| Licensee: CHRISTOPHER J. ENGLEHART |
| Licensed As: TRAINER |
| Notice Number: BL 78-2012 |
| Racing Type: Thoroughbred |
| Track: Belmont Park (NYRA) |
| Notice Date: 01/29/2013 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4043.2 4043.4 4043.5 4043.8 4022.12 |
| Ruling Text: You are hereby suspended 60 days and fined $1000.00, in that, on June 17, 2012, a horse "Pawley's Porch" having been administered Furosemide, was trained by you and racing at Belmont Park in the 1st race and had a pre-race TCO2 level of 40.4 millimoles per liter or more, in violation of 9NYCRR 4043.8 and 4043.2, and you have not demonstrated through complying with the Board' s quarantine procedure that the horse's physiologically normal TCO2 level was not exceeded. 1/29/13 - WHEREAS, the State Steward at Belmont Park fined trainer Christopher J. Englehart (“respondent”) one thousand dollars ($1,000) and suspended his racing license(s) for sixty (60) days because he trained a horse, "Pawleys Porch," that raced at Belmont Park on June 17, 2012, with a pre-race TCO2 level of 39 millimoles per liter (“mmol/L”) or more, in violation of 9 NYCRR §§ 4043.8 and 4043.4; WHEREAS, respondent timely appealed the ruling (BL 78-2012) and the parties have reached an agreement whereby the respondent withdraws his appeal and begins his suspension on an agreed upon date; and WHEREAS, no person who is party to this proceeding is an infant or incompetent person for whom a committee has been appointed; NOW, 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 Christopher L. Englehart hereby agree to the disposition of his pending matter as set forth herein. 2. Christopher L. Englehart withdraws his appeal and understands that he is being penalized as set forth in detail herein, including with a suspension of his occupational license(s) to participate in pari-mutuel racing and a fine, because he trained a horse, "Pawleys Porch," that raced at Belmont Park on June 17, 2012, with a pre-race TCO2 level of 39 mmol/L or more, in violation of 9 NYCRR §§ 4043.8 and 4043.4. 3. Respondent agrees that he shall pay a total fine of One Thousand Dollars ($1,000) and his occupational license(s) to participate in pari-mutuel racing in New York State shall be suspended for a period of 60 days beginning on January 31, 2013; to wit, from January 31, 2013 to March 31, 2013, 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 other 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 but not limited to any arrangements 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 aspect of the training of the horse. 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 March 1, 2013, 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 this 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 matte. It may be individually executed and read collectively as though each party had signed the same original. |
| Suspended: 01/31/2013 to 03/31/2013 (60 days) |
| Fined: $1000.00 |
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