Gaming Commission

Gaming Commission Rulings Database

Licensee: MIGUEL A. ALEJO- HERNANDEZ
Licensed As: DRIVER
Notice Number: MR 60-2020
Racing Type: Harness
Track: Monticello Raceway & Mighty M Gaming
Notice Date: 03/15/2021
Status: CLOSED
Ruling Type: Finding & Order
Rule(s): 4117.4 {e}, {m}
Ruling Text:
You are hereby suspended from driving for a term of 8 days.  While driving #4 (Roland N Rock) in Race 6 you did slow down excessiively approaching the quarter pole to allow #3 (Sammy B Happy) to take the lead thus causing confusion and interference to trailing horses.  You finished 1st and were disqualified and placed 7th for this infraction.  THIS SUSPENSION IS UNDER APPEAL AND THE PENALTY HAS BEEN STAYED PENDING A HEARING.
 ***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”) § 321, Article 3 of the State Administrative Procedure Act and 9 NYCRR Part 4550 at the request of Miguel Alejo Hernandez (“Respondent”), concerning Ruling MR 60-2020 of the Presiding Judge at Monticello Raceway, which suspended his license for 8 days for slowing his horse excessively causing confusion and interference in trailing horses. The Notice of Hearing alleged that his conduct violated of 9 NYCRR §§ 4117.4 (e) and (m). Respondent received proper notice and appeared at a hearing on January 8, 2021. The Hearing Officer rendered a report on February 9, 2021, which is attached and incorporated herein.
 
THE COMMISSION met on March 15, 2021 and after due deliberation adopted the Hearing Officer’s findings of fact and conclusion of law.
 
THEREFORE, upon the record, the Report of the Hearing Officer, and the findings and conclusions adopted herein, it is
 
ORDERED, Respondent’s license is suspended for a period of 8 days.   Penalty served from 3/23/20-3/30/20

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