Gaming Commission Rulings Database
| Licensee: MEGAN M. GILMOUR |
| Licensed As: OWNER-TRAINER |
| Notice Number: MO 47-2016 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 05/20/2016 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.3(a)(4), 4120.4(a), 4119.7(b), 4119.8, 4119.9(a), 4120.2 |
| Ruling Text: ****AMENDED RULING (Stipulation of Settlement)****
WHEREAS, the New York State Gaming Commission summarily suspended the occupational licenses of Megan Gilmour on April 6, 2016 and conducted a full evidentiary hearing with regard to the underlying charges against her on April 13, 2016;
WHEREAS, respondent appeared and participated at such evidentiary hearing, and the parties subsequently reached an agreement whereby the respondent waives the completion of such hearing process 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 Stipulation of Settlement, the parties hereby agree to settle this matter as follows:
A. The New York State Gaming Commission (“Commission”) and respondent Megan Gilmour agree to the disposition of the pending matters as set forth herein.
B. Respondent Megan Gilmour waives the completion of the hearing process to determine the underlying charges for which the Commission summarily suspended her occupational licenses pursuant to Section 401(3) and Article 3 of the State Administrative Procedure Act and understands that she is being penalized as set forth in detail herein, including with a suspension of her occupational licenses to participate in pari-mutuel racing and a fine, because a horse that she trained, “Slam Dunk Hanover,” “raced on March 17, 2016 in the 8th race at Monticello Raceway and had the substance cobalt present, in a race-day blood sample taken from the horse, at a concentration in excess of 50 ng/ml (including an assessment of the measurement uncertainty and imprecision of the quantitative threshold) in plasma as determined by the laboratory conducting tests for the commission, in violation of 9 NYCRR §§ 4120.3(a)(4) and 4120.4(a).
C. Respondent understands that the Commission, as and for a penalty, shall suspend the occupational licenses of respondent for a period of 45 days, to wit, from April 6 to May 20, 2016, inclusive, and respondent shall be fined a total sum of $500.
D. Respondent represents and agrees that during her suspension, she has not and shall not participate in New York State pari-mutuel racing, directly or indirectly, and that throughout this suspension period such respondent has been and shall be denied the privileges and use of the grounds of New York State racetracks; forbidden to participate in any share of purses from New York State pari-mutuel races; and not handling 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. Respondent further represents and agrees that no horses have participated or shall participate in New York State pari-mutuel racing through being owned or trained by an individual who is serving as respondent’s agent or employee during her suspension period.
E. Respondent understands and agrees that she shall be ineligible to participate in racing unless and until her fine is paid; and that failure to pay within 30 days, i.e., by her delinquency date of June 19, 2016, will result in the assessment of interest and/or a late payment charge and may result in other collection charges.
F. Respondent waives her 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 she seeks to enforce the terms and conditions of this Stipulation of Settlement.
G. Respondent has read all of the above conditions and understands and agrees to comply with these conditions. Respondent understands that her participation in racing is conditioned upon her compliance with this agreement.
H. This settlement agreement represents the full, final and complete resolution of this matter.
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| Suspended: 04/06/2016 to 05/20/2016 (45 days) |
| Fined: $500.00 |
Note that the above data is current as of 6:12 PM EDT, Friday, April 26, 2024 and subject to change as more information becomes available.
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