Gaming Commission Rulings Database
| Licensee: MICHAEL E. BAUMEISTER |
| Licensed As: TRAINER |
| Notice Number: MO 176-2020 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 02/10/2021 |
| Status: CLOSED |
| Ruling Type: Suspension |
| Rule(s): §§ 4101.24 and 4120.6(a) and © |
| Ruling Text: PLEASE TAKE NOTICE that the occupational harness racing licenses of you, Michael E. Baumeister, to participate in pari-mutuel harness racing are hereby SUSPENDED IMMEDIATELY pending the disposition by the New York State Gaming Commission (“Commission”) of the scheduled hearing before the Commission, or if you refuse such hearing or default in appearing, SUSPENDED until such time as the Commission in its discretion takes further action, including, without limitation, a fine and license suspension or revocation.
YOU ARE FURTHER NOTIFIED that a hearing in this matter will be held at 1:00 p.m. on Thursday, September 3, 2020. We are currently conducting hearings only by videoconference due to the COVID-19 health emergency. This includes that the hearing officer will preside by videoconference. Please note, you must contact our office to arrange for you, including your attorney and witnesses, to videoconference from your own location. There will be no physical location provided by the Commission for this hearing. If you wish to use, mark or introduce demonstrative evidence (e.g., documents) at the hearing, then you must provide a copy of these in advance of the hearing date to the opposing counsel (assigned attorney) and the hearing officer. Any demonstrative evidence not possessed by all parties and the hearing officer at the time of the hearing may be barred from use.
This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law ("RWL") §§ 301(1), 301(2)(a), 309, 310 and 321; 9 NYCRR §§ 4101.24 and 4120.6(a) and (c); and State Administrative Procedure Act § 401, upon a finding of the Commission that the public safety and welfare imperatively require this emergency action because your continued participation in racing is a potential cause of public harm and further could result in an impairment of the public's confidence in pari-mutuel racing in New York State and have an adverse effect upon substantial State and public revenues and revenues to the industry in general generated by pari-mutuel racing, in that, under the present circumstances you lack the general character and fitness for continued participation in pari-mutuel racing, and your continued participation in pari-mutuel racing is presently inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, based upon the circumstances and charges stated more particularly hereinafter.
The disposition of these matters may result in the revocation or suspension of your license, your exclusion from all racetracks in New York State and the imposition of fines. In particular, at the scheduled and any adjourned dates of your hearing you are notified that the Commission will take evidence to determine whether, pursuant to Racing Law § 321, Article 3 of the State Administrative Procedure Act, and Part 4550 of 9 NYCRR, the Commission should fine you in an amount not exceeding $25,000 per violation, suspend and/or revoke your driver license to participate in pari-mutuel racing, in that:
1. On August 26, 2020, in your tack room in Barn 5 on the premises of licensed harness racetrack Batavia Downs, you had and possessed, while neither a veterinarian nor having written permission from the judges, equipment usable for hypodermic injection or other infusion into a horse, in violation of 9 NYCRR §§ 4120.6(a)(1) and (2); and
2. On August 26, 2020, in your tack room in Barn 5 on the premises of licensed harness racetrack Batavia Downs, you had and possessed bottles and other containers that did not bear a label stating plainly their contents, including the name of each active ingredient, or a veterinarian’s label or regular prescription label with a pharmacist's name and address, prescription number and the name of the prescribing veterinarian, in violation of 9 NYCRR § 4120.6(c).
PLEASE TAKE NOTICE that the hearing will be conducted pursuant to Section 321 of the Racing Law, Article 3 of the State Administrative Procedure Act and Part 4550 of 9 NYCRR.
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 such services should be requested in writing as soon as reasonably possible. You are responsible to deliver this Notice of Hearing to your attorney, if you have or retain one. This hearing 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 violation.
PLEASE TAKE NOTICE that you are responsible to be sure that a copy of any physical evidence that you may want to use during testimony or introduce into evidence has been delivered to opposing counsel and the Hearing Officer before the hearing, and that the hearing officer and other party are afforded an opportunity to examine any original of such evidence that you may want to introduce into evidence.
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 as soon as reasonably possible. Absent a serious emergency matter, no requests for adjournments, except for the initial hearing date of September 3, 2020, 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 Commission’s 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 in regard to a request for adjournment, approved by the Hearing Officer. If you fail to appear at the hearing, then you will be in default and the Commission may proceed in your absence with the hearing. Adjournments on consent of all parties are subject to the approval of the Hearing Officer.
PLEASE TAKE FURTHER NOTICE that, if you do not appear at the hearing and have not been granted an adjournment, then the hearing shall take place as scheduled and a decision, including by default, shall be made on the charges. The decision may result in fines, not to exceed $25,000 for each violation, imposed against you and the suspension or revocation of your harness driver licenses.
***SUBSEQUENT HISTORY***
STIPULATION OF SETTLEMENT
WHEREAS, the New York State Gaming Commission (“Commission”) on August 28, 2020 suspended and ordered Respondent Michael E. Baumeister (“Respondent”) to appear at a hearing before the Commission to determine whether he should be fined and his occupational licenses be suspended or revoked for having and possessing at a New York racetrack equipment usable for hypodermic injection or other infusion into a horse, while neither a veterinarian nor having written permission from the judges, in violation of 9 NYCRR §§ 4120.6(a)(1) and (2); and bottles and other containers that did not bear a label stating plainly their contents including the active ingredients, or a veterinarian’s label or regular prescription label with a pharmacist's name and address, the prescription number and the prescribing veterinarian, in violation of 9 NYCRR § 4120.6(c); and
WHEREAS, Respondent requested and was granted an adjournment of the hearing scheduled for September 3, 2020;
WHEREAS, Respondent has subsequently reached an agreement whereby the Respondent waives the completion of such hearing process 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 Michael E. Baumeister agree to the disposition of the pending matter as set forth herein.
2. Respondent waives his right to a hearing and understands and agrees that he is being penalized as set forth herein, including with a suspension of his occupational licenses to participate in pari-mutuel racing, because on August 26, 2020, in his tack room in Barn 5 on the premises of licensed harness racetrack Batavia Downs, he had and possessed both equipment usable for hypodermic injection or other infusion into a horse while neither a veterinarian nor having written permission from the judges in violation of 9 NYCRR §§ 4120.6(a)(1), and bottles and other containers that did not bear a label stating plainly their contents including the name of each active ingredient or a veterinarian’s label or regular prescription label with a pharmacist's name and address, the prescription number and the name of the prescribing veterinarian in violation of 9 NYCRR § 4120.6(c).
3. Respondent understands that the Commission, as and for a penalty, shall suspend the occupational licenses of Respondent for six months, to wit, from August 28, 2020 through February 27, 2021, inclusive.
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.
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| Suspended: 08/28/2020 to 02/27/2021 (184 days) |
Note that the above data is current as of 7:52 PM EDT, Wednesday, May 01, 2024 and subject to change as more information becomes available.
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