Gaming Commission Rulings Database
| Licensee: ARTEMIO RODRIGUEZ |
| Licensed As: GENERAL SERVICES |
| Notice Number: ST 7-2021 |
| Racing Type: Thoroughbred |
| Track: Saratoga Racecourse (NYRA) |
| Notice Date: 08/25/2021 |
| Status: HEARING REQUESTED |
| Ruling Type: Suspension |
| Rule(s): 4022.12, 4022.11, |
| Ruling Text: Outrider Mr. Artemio Rodriguez is hereby suspended seven days August 27th 2021, August 28th 2021 August 29 2021, August 30th 2021, August 31st 2021, September 1st 2021, September 2nd 2021 inclusive this for conduct and behavior unbecoming an official having appealed a stay has been granted. FINDINGS & ORDER ST 7-2021 The New York State Gaming Commission (“Commission”) conducted a hearing,
as requested by Artemio Rodriguez (“Respondent”), after Respondent received notice of the Commission’s suspension of Respondent from participating in Thoroughbred Racing for action detrimental to the best interests of racing pursuant to 9 NYCRR § 4022.12. The hearing was conducted on the grounds set forth in the Notice of Hearing dated November 9, 2021. The Notice of Hearing charged that Respondent’s occupational license should be suspended based on conduct detrimental to the best interests of racing in violation of Commission regulation 9 NYCRR § 4022.12 and pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 220(2), 9 NYCRR §§ 4002.9 and 4022.21.
Respondent received proper notice of, and participated in, a hearing conducted by video conference on July 25, 2022.
The Hearing Officer submitted the Hearing Officer Report dated September 21,
2022 (the “Report”) to the Commission for deliberation, which is attached and
incorporated herein. The Report included the Hearing Officer’s recommendation that the Commission alter the penalty charged against Respondent, to instead impose a fine on Respondent of $1,000 for conduct injurious to the best interests of the sport.
The Commission met on October 3, 2022, and after consideration and due
deliberation of the entire record, modified the Hearing Officer’s Report as to the penalty imposed because the Commission concluded that the modified penalty was more appropriate given the facts and circumstances of this matter. THEREFORE, based upon the entire record (including, without limitation, the evidence specifically relied upon by the Hearing Officer), the Report, and the findings and conclusions adopted by the Commission, it is hereby ORDERED, that Respondent is fined $500, with the collection of the fine suspended for one year from the date of this Findings and Order so long as Respondent commits no other violations of Commission rules within such year. Should Respondent commit a violation of Commission rules within such year, the $500 fine shall be payable within 30 days of Respondent's receipt of notice of such violation from the Commission, and any failure to make such payment by the delinquency date will result in the assessment of interest and/or late payment charges and may result in other collection charges. DATED: SCHENECTADY, NEW YORK October 3, 2022 FOR THE NEW YORK STATE GAMING COMMISSION |
| Suspended: to (7 days) |
Note that the above data is current as of 10:40 AM EDT, Tuesday, May 07, 2024 and subject to change as more information becomes available.
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