Gaming Commission Rulings Database
| Licensee: SEAN M. CAMPBELL |
| Licensed As: TRAINER |
| Notice Number: MO 44-2016 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 05/25/2016 |
| 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 Sean Campbell on April 6, 2016 and conducted a full evidentiary hearing with regard to the underlying charges against him 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 Sean Campbell agree to the disposition of the pending matters as set forth herein.
B. Respondent Sean Campbell waives the completion of the hearing process to determine the underlying charges for which the Commission summarily suspended his occupational licenses pursuant to Section 401(3) and Article 3 of the State Administrative Procedure Act and understands that he is being penalized as set forth in detail herein, including with a suspension of his occupational licenses to participate in pari-mutuel racing and a fine, because on five occasions a horse that he trained competed in races at New York tracks 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), to wit, when (1) the horse “HD Maibach,” trained by respondent, raced in the 3rd race at Monticello Raceway on March 14, 2016; (2) the horse “HD’s Dream Boy,” trained by respondent, raced in the 3rd race at Monticello Raceway on March 15, 2016; (3) the horse “HD’s Dream Boy,” trained by respondent, raced in the 5th race at Yonkers Raceway on March 21, 2016; (4) the horse “Fly By Ry,” trained by respondent, raced in the 4th race at Monticello Raceway on March 22, 2016; and (5) the horse “HD Lucas,” trained by respondent, raced in the 2nd race at Monticello Raceway on March 23, 2016.
C. Respondent understands that the Commission, as and for a penalty, shall suspend the occupational licenses of respondent for a period of nine months, to wit, from April 6, 2016 to January 5, 2017, inclusive, and respondent shall be fined a total sum of $2,000, to be paid on or before January 5, 2017.
D. Respondent represents and agrees that during his suspension, he 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 his suspension period.
E. 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 February 7, 2017, will result in the assessment of interest and/or a late payment charge and may result in other collection charges.
F. 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.
G. 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.
H. This settlement agreement represents the full, final and complete resolution of this matter.
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| Suspended: 04/06/2016 to 01/05/2017 (275 days) |
| Fined: $2000.00 |
Note that the above data is current as of 7:11 AM EDT, Wednesday, April 24, 2024 and subject to change as more information becomes available.
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