Gaming Commission Rulings Database
|Licensee: ROY SEDLACEK|
|Licensed As: OWNER-TRAINER|
|Notice Number: MO 347-2015|
|Racing Type: Thoroughbred|
|Track: Main Office|
|Notice Date: 01/28/2016|
|Ruling Type: Suspension|
|Rule(s): 4002.8, 4002.9(a), 4022.1(f) , 4042.1,4 043.2(h), 4043.4, 4043.5|
|Ruling Text: |
Respondent Roy Sedlacek (“Respondent”) having been summarily suspended by the New York State Gaming Commission (“Commission”) on November 6, 2015, pursuant to Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") §§ 220, 245 and 250, 9 NYCRR §§ 4002.8, 4002.9, 4042.1, 4043.2, 4043.4 and 4043.12 and State Administrative Procedure Act § 401, pending a final disposition by the Commission regarding whether Respondent should be fined in an amount not exceeding $25,000 per violation, excluded from all New York State racetracks as a licensee, participant and patron, and have his licenses to participate in pari-mutuel racing suspended or revoked, and regarding whether two horses that Respondent owned and trained were raced in violation of Commission rules and should be disqualified from the pertinent races and from any share of the purses in such races, in that:
Respondent having received proper notice and having appeared for and participated in the hearing in this matter conducted on November 10, 2015;
The Hearing Officer having rendered his report on December 21, 2015, which is attached and incorporated into this Findings and Order; and
The Commission having met on January 26, 2016 and, after due deliberation, having adopted the Hearing Officer’s findings of fact and conclusions of law; now
THEREFORE, upon the Record, the Report of the Hearing Officer, and the findings and conclusions adopted herein, it is hereby
ORDERED, that the alleged violations are sustained as follows:
ORDERED, that the occupational licenses of Respondent Roy Sedlacek are hereby suspended for a period of five years.
ORDERED, that during his five-year suspension, Respondent Roy Sedlacek shall not directly or indirectly participate in New York pari-mutuel horse racing, is denied the privileges and use of the grounds of all racetracks, and is forbidden to participate in any share of purses or other payment. This restriction includes that the privileges of the grounds and permission to participate in pari-mutuel racing in New York State shall be denied to any horse that during the period of respondent’s suspension is owned or trained by respondent, or by any individual who serves as respondent’s agent or employee, or for which respondent is directly or indirectly involved in any arrangement to train, enter, start, care for, record activities or expenses, invoice or collect fees or payments, manage funds, employ or insure workers, provide advice or information, or otherwise assist in relation to any aspect of the possession and training of the horse.
ORDERED, that Respondent Roy Sedlacek shall be denied admission to and is hereby excluded from all race tracks licensed by the Commission for a period of five years.
ORDERED, that the horse “Bossmon” is disqualified and unplaced from the 4th race at Belmont Park on October 11, 2015; the horse “Literata” is disqualified and unplaced from the 2nd race at Belmont Park on October 18, 2015; such horses are disqualified from any share of the purse in such races; and such shares shall be redistributed among the remaining horses in such races that are entitled to the same.
|Suspended: 11/06/2015 to 11/05/2020 (1827 days)|
Note that the above data is current as of 7:39 PM EST, Friday, November 16, 2018 and subject to change as more information becomes available.
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