Gaming Commission Rulings Database
| Licensee: LINDA L. RICE |
| Licensed As: TRAINER |
| Notice Number: MO 214-2019 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 06/07/2021 |
| Status: CLOSED |
| Ruling Type: Other |
| Rule(s): § 4002.9(a); 4042.1(a), (c) and (f) and 4022.13 |
| 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 600, Schenectady, New York at 10:00 a.m. on December 18, 2019, to determine whether, pursuant to New York State Racing, Pari-Mutuel Wagering and Breeding Law ("RWL") §§ 220(2) and 250, Article 3 of the State Administrative Procedure Act and 9 NYCRR § 4002.9(a) and Part 4550, 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 for each violation
for actions inconsistent with and detrimental to the best interests of racing generally and corrupt and improper acts and practices in relation to racing, from
on or about the 2011-12 Aqueduct Racetrack race meeting through March 2015, as follows:
1. You received regular, continual and improper access to the confidential names and other information concerning the other horses entered in races at The New York Racing Association, Inc. (“NYRA”), before the entries closed and you decided to enter the horses you were training in such races or not, in violation of RWL § 220(2) and 9 NYCRR §§ 4042.1(f) and 4022.13, which misconduct was knowingly and intentionally improper; and
2. You paid substantial sums of money to NYRA racing officials, inducing them and for the purpose of inducing them to provide you with the foregoing improper access, in violation of RWL § 220(2) and 9 NYCRR §§ 4042.1(a), (c) and (f) and 4022.13.
PLEASE TAKE NOTICE that you may be represented by counsel, cross-examine witnesses, and present evidence and arguments on your behalf. Interpreter services will be made available to deaf persons and or persons 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.
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 is afforded an opportunity to examine any original of such 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 (518-388-3408) 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 less than two business days of the scheduled hearing date. To request an adjournment, you must contact the hearing officer Clark Petschek, Esq. at clarkpetschek@aol.com with concurrent notice to the assigned counsel Richard Goodell at rick.goodell@gaming.ny.gov, as soon as possible, or you may call the Office of Commission Counsel for assistance at (518) 388-3408. 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 request for a hearing may be deemed withdrawn.
***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 (“RWL”) §§ 220(2) and 250, Article 3 of the State Administrative Procedure Act and 9 NYCRR § 4002.9(a) and Part 4550 at the request of Linda Rice (“Respondent”), concerning the suspension or revocation of Respondent’s licenses to participate in pari-mutuel racing in New York State for actions inconsistent with and detrimental to the best interests of racing generally and corrupt and improper acts and practices in relation to racing. Specifically, the Notice of Hearing alleged that Respondent committed the following violations:
1. Respondent received regular, continual and improper access to the confidential names and other information concerning the other horses entered in races at The New York Racing Association, Inc. (“NYRA”), before the entries closed and Respondent’s decision to enter the horses Respondent was training in such races or not, in violation of RWL § 220(2) and 9 NYCRR §§ 4042.1(f) and 4022.13, which misconduct was knowingly and intentionally improper; and
2. Respondent paid substantial sums of money to NYRA racing officials, inducing them and for the purpose of inducing them to provide Respondent with the foregoing improper access, in violation of RWL § 220(2) and 9 NYCRR §§ 4042.1(a), (c) and (f) and 4022.13.
Respondent received proper notice and appeared at a hearing on August 13, November 3, 4, 12, 17, 18, 19 and December 9, 2020. The Hearing Officer rendered a Report and Recommendation on April 13, 2021, which is attached and incorporated herein.
THE COMMISSION met on May 17, 2021 and after due deliberation adopted the Hearing Officer’s findings of fact and conclusion of law and modified the report of the Hearing Officer to include the following finding of fact and the following conclusions of law:
Additional Finding of Fact:
26. Respondent improperly solicited and/or received non-public information about race entries on multiple occasions, well in excess of two instances.
Additional Conclusions of Law:
Racing, Pari-Mutuel Wagering and Breeding Law § 116 authorizes the Commission to impose a penalty of up to $25,000 for each instance of a violation of law; and
Respondent’s conduct in violating 9 NYCRR § 4042.1(f) on numerous (and certainly more than two) occasions merits a fine of $50,000.
THEREFORE, upon the record, and the Report and Recommendation of the Hearing Officer as modified and adopted herein, it is
ORDERED, that Respondent is fined $50,000, Respondent’s occupational licenses to participate in Thoroughbred racing in New York State are revoked for having committed the aforesaid alleged violations of 9 NYCRR § 4042.1(f) and Respondent is restricted from applying for a new occupational license from the Commission for a period of no less than three years;
ORDERED, that Respondent shall pay the $50,000 fine within 30 days of receipt of this notice and any failure to make such payment by this date may result in the assessment of interest and late payment charges, and may result in other collection charges;
ORDERED, that during the period of license suspension and unless and until Respondent is issued an occupational license by the Commission, Respondent shall not directly or indirectly participate in New York pari-mutuel horse racing, Respondent is denied the privileges and use of the grounds of all racetracks, and Respondent is forbidden to participate in any share of purses or other payment. Further, every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York, that is (a) owned or trained by Respondent, or any individual who serves as Respondent’s agent or employee, during Respondent’s suspension; or (b) for which Respondent, during Respondent’s suspension, is involved, directly or indirectly, with a horse’s training, including but not limited to any arrangements made to care for, train, enter, race, invoice, collect fees or payments, manage funds, employ or insure workers, provide advice or information, or otherwise assist with any aspect of the training of the horse; and
ORDERED that the charge that Respondent paid substantial sums of money to NYRA racing officials, inducing them and for the purpose of inducing them to provide Respondent with the foregoing improper access, in violation of RWL § 220(2) and 9 NYCRR §§ 4042.1(a), (c) and (f) and 4022.13, is dismissed as not proven.
6/9/2021: SUPREME COURT, SCHENECTADY COUNTY ISSUED A TEMPORARY RESTRAINING ORDER THAT STAYS THE LICENSE REVOCATION.
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Note that the above data is current as of 6:57 AM EDT, Thursday, April 18, 2024 and subject to change as more information becomes available.
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