Gaming Commission Rulings Database
| Licensee: JORGE L. MELENDEZ |
| Licensed As: GROOM |
| Notice Number: MO 69-2017 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 06/30/2017 |
| Status: CLOSED |
| Ruling Type: Indefinite Suspension |
| Rule(s): 4042.5(a); 4042.4 |
| Ruling Text: PLEASE TAKE NOTICE that the occupational license of you, Jorge L. Melendez, to participate in pari-mutuel thoroughbred racing as a groom is hereby SUSPENDED IMMEDIATELY pending the disposition by the New York State Gaming Commission (“Commission”) of the scheduled hearing before the Commission, or if you refuse such hearing or default in appearing, SUSPENDED until such time as the Commission in its discretion takes further action, including, without limitation, a fine and license suspension or revocation or refusal to license.
YOU ARE FURTHER NOTIFIED that a hearing in this matter will be held at 10:00 a.m. on Monday, July 10, 2017, at Commission offices located at Finger Lakes Gaming and Race Track, 5857 State Route 96, Farmington, New York, at which time you may be represented by counsel and present evidence and arguments on your own behalf.
This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") §§ 104(1), 220(2) and 250; 9 NYCRR § 4042.5(a); and State Administrative Procedure Act § 401, upon a finding of the Commission that the public safety and welfare imperatively require this emergency action because your continued participation in racing is a potential cause of civil unrest and public harm and further could result in an impairment of the public's confidence in pari-mutuel racing in New York State and have an adverse effect upon substantial State and public revenues and revenues to the industry in general generated by pari-mutuel racing, in that, under the present circumstances you lack the general character and fitness for continued participation in pari-mutuel racing, and your continued participation in pari-mutuel racing is presently inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, based upon the circumstances and charges stated more particularly hereinafter.
The disposition of these matters may result in the revocation or suspension of your license, your exclusion from all racetracks in New York State and the imposition of fines. In particular, at the scheduled and any adjourned dates of your hearing you are notified that the Commission will take evidence to determine whether, pursuant to Racing Law § 220(3), Article 3 of the State Administrative Procedure Act, and Part 4550 of 9 NYCRR, the Commission should fine you in an amount not exceeding $25,000 per violation, suspend and/or revoke your licenses to participate in pari-mutuel racing, and exclude you from all New York State racetracks whether as a licensee, participant or patron, pursuant to Racing Law §§ 309 and 310 and the applicable Commission rules at 9 NYCRR, in that:
1. On June 26, 2017, at Finger Lakes Gaming and Race Track, New York, Investigator Michael McDermott of the New York State Gaming Commission received a report of persons smoking marijuana in the vicinity of the Murphy Farm on the grounds for the race track. Mr. McDermott found you in the vicinity of the suspected activity, approached you, noticed the distinct smell of marijuana and asked you if you had been smoking marijuana. You admitted that you had been smoking marijuana, which was in violation of 9 NYCRR § 4042.5;
2. Your character and general fitness are such, based on the foregoing, your 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 § 309(2); and
3. You should be excluded from all New York race tracks whether as a licensee, participant or patron, based on the foregoing, because your conduct at a race track in New York and elsewhere has been detrimental to the best interests of racing, pursuant to 9 NYCRR § 4042.4.
PLEASE TAKE NOTICE that the hearing will be conducted pursuant to Section 220(3) of the Racing Law, Article 3 of the State Administrative Procedure Act, and Part 4550 of 9 NYCRR.
PLEASE TAKE NOTICE that you may be represented by counsel, cross-examine witnesses and present evidence and arguments on your own behalf. Interpreter services will be made available to deaf persons and people who are not English language proficient at no charge, but such services should be requested in writing at least one week before the hearing date or as soon as reasonably possible. You are responsible to deliver this Notice of Hearing to your attorney, if you have or retain one. This shall be a de novo hearing that may result in the imposition of any legally available penalty, including a license suspension or revocation and a fine not to exceed $25,000 per violation.
PLEASE TAKE NOTICE TAKE that unless you object before the hearing date, the Commission may conduct your hearing using live videoconferencing that allows you and other parties and witnesses to participate and testify from another location that might be more convenient. To object to live videoconferencing, you must contact the hearing officer with concurrent notice to the assigned counsel. The hearing officer will determine, after an opportunity for the parties to be heard, whether or not to use live videoconferencing. If you choose to participate in your hearing through video-conferencing, then you are responsible to be sure that a copy of any physical evidence that you may want to use during testimony or introduce into evidence has been delivered to opposing counsel and the Hearing Officer before the hearing, and that the hearing officer and other party are afforded an opportunity to examine any original of such evidence that you may want to introduce into evidence.
PLEASE TAKE NOTICE that the hearing may be adjourned at the discretion of the hearing officer for good cause shown upon the request of any party. Requests for adjournments must be submitted as soon as reasonably possible. Absent a serious emergency matter, no requests for adjournments, except for the initial hearing date of July 10, 2017, will be granted within two business days of the scheduled hearing date. To request an adjournment, you must contact Hearing Officer Robert Liebers at liebers@burgettandrobbins.com, with concurrent notice to the Commission’s assigned counsel at Mark.Stuart@gaming.ny.gov, as soon as possible. Requests for adjournments must be in writing and, after the opposing party has an opportunity to be heard in regard to a request for adjournment, approved by the Hearing Officer. If you fail to appear at the hearing, then you will be in default and the Commission may proceed in your absence with the hearing. Adjournments on consent of all parties are subject to the approval of the Hearing Officer.
PLEASE TAKE FURTHER NOTICE that, if you do not appear at the hearing and have not been granted an adjournment, then the hearing shall take place as scheduled and a decision, including by default, shall be made on the charges. The decision may result in fines, not to exceed $25,000 for each violation, imposed against you; the suspension or revocation of your occupational licenses; and the expulsion of you from all pari-mutuel race tracks in New York State. |
| Suspension Begins: |
Note that the above data is current as of 9:59 PM EDT, Wednesday, April 24, 2024 and subject to change as more information becomes available.
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