Gaming Commission Rulings Database
Licensee: STEVEN G. KIBLIN |
Licensed As: TRAINER-GROOM |
Notice Number: MO 69-2019 |
Racing Type: Harness |
Track: Main Office |
Notice Date: 10/24/2019 |
Status: CLOSED |
Ruling Type: Suspension |
Rule(s): 4120.4(A) and others |
Ruling Text: PLEASE TAKE NOTICE that the New York State Gaming Commission (“Commission”) will conduct a hearing at its main office at One Broadway Center, Suite 500, Schenectady, New York at 10:00 a.m. on Wednesday and Thursday, September 25 and 26, 2019, to determine whether, pursuant to New York State Racing, Pari-Mutuel Wagering and Breeding Law ("RWL") §§ 309(2), 310 and 321, Article 3 of the State Administrative Procedure Act, and Part 4550 of 9 NYCRR, your licenses to participate in pari-mutuel racing should be suspended or revoked and you should be fined in an amount not to exceed $25,000 per violation, in that:
1. The horse Shooby Said, trained by you, raced in the second qualifying race at Buffalo Raceway on March 30, 2019, when:
(a) the drug phenylbutazone had been administered unlawfully within 48 hours before the scheduled post time of its race, and on race day, in violation of 9 NYCRR § 4120.2(e)(14); and
(b) a blood sample taken from the horse on March 30, 2019, had the substance phenylbutazone present at a concentration, including an assessment of the measurement uncertainty and imprecision of the quantitative threshold, that the laboratory conducting tests for the commission determined was in excess of 2 mcg/ml in plasma, in violation of 9 NYCRR § 4120.3(a)(19);
for which you are responsible as trainer pursuant to 9 NYCRR § 4120.4(a).
2. On March 30, 2019, you mistreated and endangered the horse Shooby Said and your experience, character and general fitness are such that your participation in racing is inconsistent with the public interest, convenience or necessity and with the best interest of racing generally, pursuant to Section § 309(2) of the Racing Law and 9 NYCRR § 4119.8, in that, as trainer you raced this horse in the second qualifying race at Buffalo Raceway while the horse was drugged with phenylbutazone, a non-steroidal anti-inflammatory drug that masks pain and has an analgesic effect which enhance race performance by diminishing the horse’s capacity to sense and react to pain, and the horse injured its leg in the race and was euthanized, in violation of racing rules set forth in 9 NYCRR § 4105.8(c), 4119.7(a)(3), 4119.7(b), 4119.9(a), 4120.2(e)(14), 4120.3(a)(19) and 4120.4(a) and Agriculture and Markets Law § 353, and further, you administered or directed the administration of this drug to the horse.
3. The horse Wanna Rock n Roll, trained by you, was administered an impermissible substance on race day before the scheduled post time of the race in which the horse was programmed to compete, the 8th race at Batavia Downs on August 30, 2017, in violation of 9 NYCRR §§ 4120.2(a - f) and (n) and 4120.4(a).
4. On August 30, 2017, you mistreated and endangered the horse Wanna Rock n Roll and your experience, character and general fitness are such that your participation in racing is inconsistent with the public interest, convenience or necessity and with the best interest of racing generally pursuant to Section § 309(2) of the Racing Law and 9 NYCRR § 4119.8, in that, on the grounds of Batavia Downs on race day you administered or authorized the administration of a substance by means on hypodermic injection by a non-veterinarian to the horse Wanna Rock n Roll, trained by you and entered to compete in the 8th race at Batavia Downs, whereupon the horse died, in violation of racing rules set forth in 9 NYCRR §§ 4105.8(c), 4119.7(a)(3), 4119.7(b), 4119.9(a), 4120.2(e)(14), 4120.3(a)(19), 4120.4(a) and 4120.6(a)(1) and Agriculture and Markets Law § 353.
PLEASE TAKE NOTICE that the Commission shall also determine, based upon such hearing, whether you should be expelled from all New York State tracks, whether as a licensee, participant or patron, pursuant to 9 NYCRR §§ 4119.7(a) and 4119.8, in that, you are an undesirable person who has engaged in a pattern of fraudulent, corrupt, and unlawful conduct which has been detrimental to the best interests of racing, to wit, the foregoing misconduct.
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 should be requested in writing at least one week before the hearing date. 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 for each incident.
PLEASE TAKE NOTICE that the Commission may conduct your hearing using live videoconferencing that allows you and each other witness to participate and testify from another location. If you participate in your hearing through video conferencing, then you are responsible to be sure that a copy of any physical evidence that you want to use during testimony or introduce into evidence is delivered to opposing counsel and the Hearing Officer before the hearing, and that the Hearing Officer has an opportunity to examine the original of any evidence that you may want to introduce into evidence.
If you wish to request an opportunity to participate in your hearing by video-conferencing from a location that might be more convenient for you, then you must make this request at least 10 days before the scheduled hearing date, and you must telephone the Commission (518-388-0115) to select a videoconference location and to verify that you will appear on your scheduled hearing date.
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 at least two business days before the date of the scheduled hearing. Absent a serious emergency matter, no requests for adjournments will be granted within two business days of the scheduled hearing date. To request an adjournment, you must contact the hearing officer at mhoblock@gmail.com with concurrent notice to the assigned counsel at rick.goodell@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 regarding a request for adjournment, approved by the Hearing Officer. If you fail to appear at the hearing, then you will be in default, the Commission may proceed in your absence with the hearing, and your appeal or request for a hearing may be deemed withdrawn.
***SUBSEQUENT HISTORY***
STIPULATION OF SETTLEMENT
WHEREAS, the New York State Gaming Commission (“Commission”) has issued a Notice of Hearing to determine whether the licenses of Respondent Steven Kiblin (“Respondent”) should be suspended and revoked and Respondent should be fined for violations of the law and Commission rules that occurred allegedly on or about March 30, 2019 and August 30, 2017;
WHEREAS, Respondent was given a full and fair opportunity to participate in a hearing that had been scheduled for October 18, 2019;
WHEREAS, Respondent has been represented by his attorney and has reached an agreement whereby Respondent waives the conduct of the hearing and completion of the hearing process in this matter 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 Steven Kiblin agree to the disposition of the pending matter as set forth herein.
2. Respondent waives the completion of the hearing process to determine the underlying charges raised by the Commission in the Notice of Hearing and understands and agrees that he shall be penalized as set forth herein, including with a suspension of his occupational licenses to participate in pari-mutuel racing, in that:
(A) the horse Shooby Said raced in the second qualifying race at Buffalo Raceway on March 30, 2019, when phenylbutazone had been administered unlawfully on race day and within 48 hours before the scheduled post time of its race, in violation of 9 NYCRR § 4120.2(e)(14), and the horse had a concentration of phenylbutazone in excess of 2 mcg/ml in a plasma sample taken that day, in violation of 9 NYCRR § 4120.3(a)(19); and
(B) the horse Wanna Rock n Roll was impermissibly administered a substance within the restricted time period before the scheduled post time of its race, the 8th race at Batavia Downs on August 30, 2017, in violation of 9 NYCRR §§ 4120.2(a - f) and (n) and 4120.4(a);
for which pursuant to 9 NYCRR § 4120.4(a) he is responsible as the trainer of the horses.
3. Respondent understands that the Commission, as and for a penalty, shall suspend the occupational licenses of respondent for one year, to wit, from October 25, 2019 to October 24, 2020, inclusive, and that should Respondent resume his participation in racing thereafter the Respondent shall comply with the terms and conditions set forth in Paragraph 4 of this Stipulation of Settlement.
4. Respondent understands and agrees that should he resume training horses on or after October 25, 2020, horses will be scratched or disqualified in every case unless the following enhanced security protocols are followed: Horses must be present and stabled on the grounds of the racetrack throughout race day. A horse must be in a stall with signage that clearly warns the horse is racing that day, and no person may enter that stall or treat (including oral drug administration in the feed) the horse on race day unless being observed in person by a representative of the Commission except for emergency care when Respondent has contacted the judges to scratch the horse. Respondent must provide reasonable notice and time for Commission staff to arrive at the horse’s stall to observe any person enter the stall or treat the horse. Respondent must notify the paddock judge at least 20 minutes before taking a horse to the paddock on race day and may not remove the horse from its stall or take the horse to the paddock until Commission staff arrives or 20 minutes have elapsed. Respondent shall purchase, as approved by the Commission, equipment and enough cameras to monitor all race-day stalls. The system shall be comparable in function and quality to NEST camera systems, with one week or more recording storage, unless otherwise approved by the Commission. The cost to Respondent shall not exceed $1,000 or include more than three individual cameras; the Commission may add more individual cameras to the system to be used by Respondent if more than three horses are racing that day. Respondent will ensure that the cameras monitor from a location selected or approved by the Commission the entry or exit of any person to or from all race day stalls and any treatment given to the horse. A lack of video monitoring or blocking of the view or sound shall cause the horse to be scratched or disqualified, except for a horse not monitored because the Commission did not supply a fourth (or more) camera. The Commission may move and use the entire video equipment and camera system, in its discretion, in other locations. The other monitored locations and uses shall not be limited to the Respondent, his horses or his race meeting.
5. 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.
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 future 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, including all allegations against Respondent in the Notice of Hearing. |
Suspended: 10/25/2019 to 10/24/2020 (366 days) |
Note that the above data is current as of 9:23 AM EDT, Friday, March 29, 2024 and subject to change as more information becomes available.
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