Gaming Commission Rulings Database
| Licensee: BENJAMIN HERNANDEZ SOTO |
| Licensed As: APPRENTICE JOCKEY |
| Notice Number: AQ 10-2019 |
| Racing Type: Thoroughbred |
| Track: Aqueduct Racetrack (NYRA) |
| Notice Date: 02/13/2020 |
| Status: CLOSED |
| Ruling Type: Order Issued |
| Rule(s): 4022.11; 4022.12; 4022.21; |
| Ruling Text: Apprentice Benjamin Hernandez Soto is suspended 10 calendar days for failure to ride the 8th race at Aqueduct on February 8, 2019 in a professional manner (Failure to protect the best interest of his mount by not dismounting and taking the weight off his horse in distress.)
***Subsequent History***
Findings and Order
The New York State Gaming Commission ("Commission") conducted a hearing in this matter pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 220(2), Article 3 of the State Administrative Procedure Act and 9 NYCRR Part 4550 at the request of apprentice jockey Benjamin Hernandez Soto ("Respondent") after the State Steward at Aqueduct suspended him for 10 calendar days for failure to ride in a professional manner in the 8th race at Aqueduct on February 8, 2019, in that he failed to protect the best interest of his horse by not dismounting and taking the weight off his horse in distress, pursuant to 9 NYCRR §§ 4022.21, 4022.11, 4022.12 and 4002.26(i).
Respondent received proper notice and participated with the assistance of his counsel at a hearing conducted on June 20, July 23 and July 29, 2019. The Hearing Officer rendered her report on December 30, 2019 which is attached and incorporated herein.
The Commission met on February 10, 2020, and after due deliberation adopted with a modification the Hearing Officer's findings of fact and conclusions of law, in that, the evidence at the hearing was insufficient to establish a basis for a suspension penalty.
THEREFORE, upon the record, the report of the Hearing Officer and the findings and conclusions adopted by the Commission, it is hereby,
ORDERED, that Respondent's violation of 9 NYCRR § 4002.26(i) for failure to ride in a professional manner is affirmed, and
ORDERED, that Respondent’s penalty is modified to no suspension. |
Note that the above data is current as of 6:14 AM EDT, Friday, April 26, 2024 and subject to change as more information becomes available.
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