Gaming Commission Rulings Database
| Licensee: DENNIS M. WASHINGTON |
| Licensed As: Owner, Trainer, Provisional Driver |
| Notice Number: MO 45-2016 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 10/17/2016 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4119.7(a)(3) and 4119.10 |
| Ruling Text: ****AMENDED RULING-STIPULATION OF SETTLEMENT****
WHEREAS, the New York State Gaming Commission summarily suspended the occupational licenses of Dennis Washington on April 6, 2016 and scheduled a full evidentiary hearing with regard to the charges against him on April 13, 2016;
WHEREAS, respondent was granted an adjournment and then participated with counsel in hearings conducted on May 25, June 20 and July 18, 2016;
WHEREAS, respondent has 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:
1. The New York State Gaming Commission and respondent Dennis Washington agree to the disposition of the pending matter as set forth herein.
2. Respondent Dennis Washington 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 a suspension of his occupational licenses to participate in pari-mutuel racing and a fine, because he permitted Alan W. Hoffman, who did not have a trainer’s license and was the de facto harness horse trainer of the horse “Baltimor AS” at stables leased to Mr. Washington on the grounds of Monticello Raceway, to race the horse “Baltimor AS” in the 3rd race at Monticello Raceway on March 16, 2016, with Mr. Washington listed as the program trainer, a false and fraudulent misrepresentation by Mr. Hoffman, in violation of 9 NYCRR §§ 4119.7(a)(3) and 4119.10.
3. Respondent understands that the Commission, as and for a penalty, shall suspend the occupational licenses of respondent for a period of six months, to wit, from April 6, 2016 to October 5, 2016, inclusive, and respondent shall be fined a total sum of $500, to be paid within 30 days of this fully executed agreement.
4. 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 his suspension period 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.
5. 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 of this fully executed agreement will result in the assessment of interest and a late payment charge and may result in other collection charges.
6. 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.
7. 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.
8. This settlement agreement represents the full, final and complete resolution of this matter.
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| Suspended: 04/06/2016 to 10/05/2016 (183 days) |
| Fined: $500.00 |
Note that the above data is current as of 8:52 AM EDT, Friday, April 26, 2024 and subject to change as more information becomes available.
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