Gaming Commission

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
Status: CLOSED
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:
 
      1. The horse “Bossmon,” trained by Respondent, ran in the 4th race at Belmont Park on October 11, 2015 with a drug known as AH-7921 (3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide) having been administered within one week of the scheduled post time of its race, in violation of 9 NYCRR §§ 4043.2(h) and 4043.4;
      2. The horse “Literata,” trained by Respondent, ran in the 2nd race at Belmont Park on October 18, 2015 with a drug known as AH-7921 (3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide) having been administered within one week of the scheduled post time of its race, in violation of 9 NYCRR §§ 4043.2(h) and 4043.4;
      3. Respondent’s character and general fitness are such, based on the foregoing and his history of rule violations,  that his participation in pari-mutuel racing is inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, contrary to Racing Law § 220(2) and 9 NYCRR §§ 4002.8 and 4002.9;
      4. Respondent should be excluded from all New York race tracks whether as a licensee, participant, or patron, based on the foregoing, because his conduct at a race track in New York and elsewhere has been detrimental to the best interests of racing and he is guilty of improper, corrupt and fraudulent acts and practices in relation to racing, in violation of Racing Law § 220(2) and 9 NYCRR §§ 4022.12 and 4042.1(f); and
      5. The horses that Respondent owned and that were raced in violation of Part 4043, as set forth above, shall be disqualified from each such race and from any share of the purse in such races, and such shares shall be redistributed among the remaining horses in the race entitled to the same, pursuant to the foregoing statutes and rules and 9 NYCRR § 4043.5;
 
     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:
 
      1. Respondent Roy Sedlacek violated 9 NYCRR §§ 4043.2(h) and 4043.4 in that the horse “Bossmon,” trained by Respondent Roy Sedlacek, ran in the 4th race at Belmont Park on October 11, 2015 with a drug known as AH-7921 (3,4-dichloro-N-[(1-dimethylamino) cyclohexylmethyl]benzamide) having been administered within one week of the scheduled post time of its race;
      2. Respondent Roy Sedlacek violated 9 NYCRR §§ 4043.2(h) and 4043.4 in that the horse “Literata,” trained by Respondent Roy Sedlacek, ran in the 2nd race at Belmont Park on October 18, 2015 with a drug known as AH-7921 (3,4-dichloro-N-[(1-dimethylamino) cyclohexylmethyl]benzamide) having been administered within one week of the scheduled post time of its race;
      3. The character and general fitness of Respondent Roy Sedlacek are such, based on the foregoing and his history of rule violations, that his participation in pari-mutuel racing is inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, contrary to 9 NYCRR § 4002.9;
      4. Respondent Roy Sedlacek should be excluded from all New York race tracks whether as a licensee, participant, or patron, based on the foregoing; and
      5. The horse “Bossmon” that Respondent Roy Sedlacek owned and raced in the 4th race at Belmont Park on October 11, 2015, and the horse “Literata” that Respondent Roy Sedlacek owned and raced in the 2nd race at Belmont Park on October 18, 2015, should be disqualified from such races and from any share of the purses in such races pursuant to the foregoing statutes and rules and 9 NYCRR § 4043.5.
 
     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)

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