Gaming Commission Rulings Database
| Licensee: ANDREW J. GARDNER * |
| Licensed As: TRAINER |
| Notice Number: VD 15-2018 |
| Racing Type: Harness |
| Track: Vernon Downs |
| Notice Date: 11/20/2018 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.6 (A) 1, 4102.4 |
| Ruling Text: Your license to participate in pari mutuel racing is suspended for 60 days and you are fined $1000.00 because you, while not a veterinarian and having no written permission from the judges, possessed on the premises of a licensed harness race track equipment usable for infusion and hypodermic injection into a horse, to wit, two loaded syringes and needlles in a refrigerator at your barn on the backstretch of Vernon Downs on 06/01/2018 in violation of above stated rule. Eligible to participate on 09/09/2018 and payment of fine. Having filed an appeal, your 60 day suspension is stayed pending final determination of the commission. Your fine of $1000.00 must be payed in 30 days from date of this notice. Failure will result in automatic suspension until fine is paid in full per rule 4102.4.
Subsequent History***
Settlement Stipulation
***
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 Andrew J. Gardner 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 VD 15-2018, that he had and possessed on the premises of a licensed harness race track equipment usable for infusion and hypodermic injection into a horse, when he was neither a veterinarian nor had written permission from the judges, to wit, two loaded syringes and needles in a refrigerator at his barn on the backstretch of Vernon Downs in violation of 9 NYCRR § 4120.6(a)(1).
3. Respondent understands that the Commission, as and for a penalty, shall suspend his occupational licenses for 60 days, to wit, from November 15, 2018 to January 13, 2019, inclusive, and that respondent shall be fined $1000. 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: 11/15/2018 to 01/13/2019 (60 days) |
| Fined: $1000.00 |
Note that the above data is current as of 5:38 PM EDT, Thursday, April 25, 2024 and subject to change as more information becomes available.
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