Gaming Commission Rulings Database
| Licensee: JOHN A. MACDONALD * |
| Licensed As: OWNER-TRAINER-DRIVER |
| Notice Number: VD 53-2019 |
| Racing Type: Harness |
| Track: Vernon Downs |
| Notice Date: 01/29/2020 |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.4(a) 4120.2(g)(14) |
| Ruling Text: John Macdonald is responsible as trainer under 9 NYCRR # 4120.4(a) for the horse KABU competing in the 2nd race at Vernon Downs on July 12,2019 when the drug phenytoin had been administered within 96 hours before the scheduled post time of its race in violation of 9 NYCRR # 4120.2(g)(14). Mr. Macdonald has been suspended for 30 days and fined the amount of $ 1,000.00 for this infraction .
***SUBSEQUENT HISTORY***
Stipulation of Settlement
WHEREAS, the New York State Gaming Commission (“Commission”) issued a Notice of Hearing to determine whether the licenses of Respondent John A. Macdonald (“Respondent”) should be suspended and revoked and Respondent should be fined for violations of the law and Commission rules occurring on or about July 12, 2019;
WHEREAS, Respondent was given a full and fair opportunity to participate in a hearing that had been scheduled for December 4, 2019 and rescheduled at his request to January 9, 2020;
WHEREAS, Respondent has decided to waive 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 Commission and Respondent John A. Macdonald 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, the horse Kabu, raced in the 2nd race at Vernon Downs on July 12, 2019, when the drug phenytoin had been administered within 96 hours before the scheduled post time of its race, in violation of 9 NYCRR § 4120.2(g)(14), for which he is responsible as trainer pursuant to 9 NYCRR § 4120.4(a).
3. Respondent understands that the Commission, as and for a penalty, shall suspend the occupational licenses of respondent for the first thirty days of the 2020 race meeting at Vernon Downs (scheduled tentatively as April 17 to May 16, 2020, inclusive) and fined $1,000 and that should Respondent resume his participation in racing thereafter the Respondent shall comply with the terms and conditions set forth in this Stipulation of Settlement.
4. Respondent represents and agrees that during his suspension, and until his fine is paid, 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 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, including all allegations against Respondent in the Notice of Hearing. |
| Suspended: 04/17/2020 to 05/16/2020 (30 days) |
| Fined: $1000.00 |
Note that the above data is current as of 2:29 AM EDT, Saturday, April 20, 2024 and subject to change as more information becomes available.
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