Gaming Commission Rulings Database
| Licensee: RICHARD D. JOHNSON * |
| Licensed As: TRAINER |
| Notice Number: YR 16-2017 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 01/17/2019 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 9 NYCRR §§ 4120.2(n),4119.9(a) and 4120.4(a) |
Ruling Text:
SUBSEQUENT HISTORY
***STIPULATION OF SETTLEMENT***
WHEREAS, the Presiding Judge at Yonkers Raceway suspended the occupational licenses of trainer Richard D. Johnson for 75 days and fined him in the amount of $3,000 for alleged violations of 9 NYCRR §§ 4120.2(m) and 4120.4(a) because the horse Rubber Duck, trained by him, competed at Yonkers Raceway, after the drug glaucine had been administered to the horse on race day and within one week of the scheduled post time, in the 8th race on January 8 and the 3rd race on January 15, 2017. The horse was disqualified from such races and forfeited the purses, but respondent did not appeal such rulings.
WHEREAS, respondent timely appealed the ruling against him, a hearing was scheduled by Notice of Hearing dated November 30, 2018, the hearing was adjourned at respondent’s request, and the parties have reached an agreement whereby the respondent withdraws his appeal and accepts the disposition set forth hereinbelow; 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 Agreement, the parties hereby agree to settle this matter as follows:
1. The New York State Gaming Commission and respondent Richard D. Johnson agree to the disposition of the pending matter as set forth herein.
2. Respondent withdraws his request for a hearing and waives the completion of a hearing process and understands and accepts the ruling in Notice YR 16-2017 that he is responsible as the trainer for the horse Rubber Duck competing in the 8th race on January 8 and the 3rd race on January 15, 2017, after the drug glaucine had been administered to the horse on race day and within one week of the scheduled post time, in violation of 9 NYCRR §§ 4120.2(m) and 4120.4(a).
3. Respondent understands that the Commission, as and for a penalty for these two violations, shall suspend his occupational licenses for 20 days, to wit, from January 20 to February 8, 2019, inclusive, and that respondent shall be fined $3000. The Commission agrees that respondent has already paid such fine.
4. Respondent represents and agrees that during his suspension he shall not participate in New York State pari-mutuel racing, directly or indirectly, and that while suspended respondent shall be denied the privileges and use of the grounds of New York State racetracks, is forbidden to participate in any share of purses from New York State pari-mutuel races, and shall not handle arrangements with any horse owner or other person 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 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 while respondent’s occupational licenses are suspended.
5. 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.
6. Respondent has read all the above conditions and understands and agrees to comply with these conditions. Respondent understands that his future participation in racing is conditioned upon his compliance with this agreement.
7. This settlement agreement represents the full, final and complete resolution of this matter. |
| Suspended: 01/20/2019 to 02/08/2019 (20 days) |
| Fined: $3000.00 |
Note that the above data is current as of 4:22 PM EDT, Friday, April 19, 2024 and subject to change as more information becomes available.
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