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Gaming Commission Rulings Database

Licensee: LONNY L. HALE
Licensed As: Owner, Trainer, Provisional Driver
Notice Number: VD 22-2013
Racing Type: Harness
Track: Vernon Downs
Notice Date: 10/24/2015
Status: CLOSED
Ruling Type: Fine & Suspension
Rule(s): 4119.7(A)(B), 4120.4, 4120.2 (g) (3), 4119.8, 4119.9 (a)
Ruling Text:
******AMENDED RULING******
 
WHEREAS, the Presiding Judge at Vernon Downs fined trainer Lonny L. Hale (“respondent”) five thousand dollars ($5,000), revoked his occupational licenses, and declared him ineligible to possess or reapply for any occupational license for five (5) years for 11 equine drug (atropine) violations in a ruling, dated August 15, 2013;               
WHEREAS, Respondent timely appealed the ruling (VD 22-2013) on August 20, 2013, and the parties have reached an agreement whereby the respondent withdraws his appeal and accepts the disposition set forth below; 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 hereby agree to settle this matter as follows:
 A.  The New York State Gaming Commission, Division of Horse Racing and Pari-Mutuel Wagering (“Commission”) and respondent Lonny L. Hale agree to the disposition of his pending matters as set forth herein.                                                                                                                                                                                                                B. Respondent Lonny L. Hale withdraws his appeal and understands that he is being penalized as set forth in detail herein, including with a revocation of his occupational license(s) to participate in pari-mutuel racing and a fine, because on 11 occasions horses he trained competed in races at New York tracks after having been administered the drug atropine within 96 hours of the scheduled post time of their races, in violation of 9 NYCRR §§ 4120.2(g)(3) and 4120.4, as follows:                                                                                               
(1)  the horse "Truffle Shuffle," trained by respondent, competed in the 11th race at Vernon Downs on June 1, 2013 with the drug atropine having been administered within 96 hours of the scheduled post time of its race in violation of 9 NYCRR §§ 4120.2(g)(3) and 4120.4;                                                                                     (2)  the horse “PJ Lucky,” trained by respondent, competed in the 6th race at         Vernon Downs on June 2, 2013 with the drug atropine having been administered within 96 hours of the scheduled post time of its race in violation of 9 NYCRR §§ 4120.2(g)(3) and 4120.4;                                                                                     (3)  the horse “Canaco Star,” trained by respondent, competed in the 7th race at Vernon Downs on June 7, 2013 with the drug atropine having been administered within 96 hours of the scheduled post time of its race in violation of 9 NYCRR §§ 4120.2(g)(3) and 4120.4;                                                                                     (4)  the horse “Miracle Freeluck,” trained by respondent, competed in the 2nd race at Vernon Downs on June 8, 2013 with the drug atropine having been administered within 96 hours of the scheduled post time of its race in violation of 9 NYCRR §§ 4120.2(g)(3) and 4120.4;                                                                                      (5)  the horse “Canaco Star,” trained by respondent, competed in the 4th race at Vernon Downs on June 14, 2013 with the drug atropine having been administered within 96 hours of the scheduled post time of its race in violation of 9 NYCRR §§ 4120.2(g)(3) and 4120.4;                                                                                      (6)  the horse “PJ Lucky,” trained by respondent, competed in the 10th race at Vernon Downs on June 16, 2013 with the drug atropine having been administered within 96 hours of the scheduled post time of its race in violation of 9 NYCRR §§ 4120.2(g)(3) and 4120.4;                                                                                     (7)  the horse “Ram Jam,” trained by respondent, competed in the 5th race at Vernon Downs on June 16, 2013 with the drug atropine having been administered within 96 hours of the scheduled post time of its race in violation of 9 NYCRR §§ 4120.2(g)(3) and 4120.4;                                                                                     (8)  the horse “Stettin Hanover,” trained by respondent, competed in the 6th race at Vernon Downs on June 16, 2013 with the drug atropine having been administered within 96 hours of the scheduled post time of its race in violation of 9 NYCRR §§ 4120.2(g)(3) and 4120.4;                                                                                     (9)  the horse “Canaco Star,” trained by respondent, competed in the 9th race at Vernon Downs on June 20, 2013 with the drug atropine having been administered within 96 hours of the scheduled post time of its race in violation of 9 NYCRR §§ 4120.2(g)(3) and 4120.4;                                                                                   (10)  the horse “Truffle Shuffle,” trained by respondent, competed in the 6th race at Vernon Downs on June 20, 2013 with the drug atropine having been administered within 96 hours of the scheduled post time of its race in violation of 9 NYCRR §§ 4120.2(g)(3) and 4120.4; and                                                                             (11)  the horse “PJ Lucky,” trained by respondent, competed in the 1st race at Vernon Downs on June 22, 2013 with the drug atropine having been administered within 96 hours of the scheduled post time of its race in violation of 9 NYCRR §§ 4120.2(g)(3) and 4120.4.
 C.  Respondent understands the Commission, as and for a penalty, shall revoke the occupational licenses of respondent; respondent shall not be eligible to apply for any occupational license for a period of two and a half (2 ˝) years from August 15, 2013, to wit, until February 15, 2016, and shall be fined two thousand five hundred dollars ($2,500).  
 D.  Respondent agrees that during his revocation and/or inability to possess or reapply for an occupational license, he shall not participate in New York State pari-mutuel racing, directly or indirectly, and that this revocation includes but is not limited to the following:  he shall be denied the privileges and use of the grounds of New York State racetracks; he is forbidden to participate in any share of purses from New York State pari-mutuel races; he may not, during his period of revocation, handle arrangements with any horse owner for the care, training, or entry of any horse, or for the invoicing, collecting of fees or other payments, or employment of workers who assist in caring for or training any horse, or any other arrangement incidental to caring for or training any horse that during his suspension participates in New York State racing; and no horses may participate in New York State pari-mutuel racing through being owned or trained by an individual who is serving during this revocation period as Respondent’s agent or employee.
 E.  Respondent waives his right to bring a judicial challenge to any of the actions of the New York State Gaming Commission, its members, agents, or employees, with respect to this case, in any state or federal court or other forum; except to the extent that he seeks to enforce the terms and conditions of this Stipulation of Settlement.
 F.  Respondent has read all of the above conditions and understands and agrees to comply with these conditions.  Respondent understands that his participation in racing is conditioned upon his compliance with this agreement.                                                                          
G.  This settlement agreement represents the full, final and complete resolution of this matter.
 
Suspended: 08/16/2013 to 02/15/2016 (914 days)
Fined: $2500.00

Note that the above data is current as of 11:54 AM EDT, Wednesday, April 24, 2024 and subject to change as more information becomes available.

The New York State Gaming Commission takes reasonable measures to ensure that the data and information on this website is accurate and current. However, the Commission makes no express or implied warranty regarding this information or data and expressly disclaims all legal liability and responsibility to persons or entities who use or access this website and its content.

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