ruling m. ruvalcaba permitracing.wv.gov/sitecollectiondocuments/rules/rulings mp 001.200 d.… ·...

Aug. 29. 2016 11 :29AM

RULING #56

NAME: JUAN M. RUVALCABA

DOB: 10/20/1963

MOUNTAINEER RACETRACK

MULTIPLE MEDICATION VIOLATION R.ULING

PERMIT: # 23129 OWNER/TRAINER

The Stewards hereby impose the following penalty:

/

No. 6489,r. P~-4_. ~ oi~~

June 6,2016

.. HAVING WAIVED HIS RIGHT TO A HEARING REGARDING A REPORT FROM INDUSTRIAL LABORA RIES. THE STEWARDS

FIND THE FOLLOWING:

THE OFFICIAL BLOOD SAMPLE E189588 TAKEN FROM THE HORSE "STRATEGIC DIVA" WHICH FIN HED 1ST IN THE

4TH RACE ON MONDAY, MAY 16, 2016 DID CONTAIN "OEXAMETHSONE" AT A CONCENTRATION LEVEL OF 76.4+/ - pg/ml

WHICH IS A 49.4a.2 CONTROLLED THERAPEUTIC MEDICATION WHICH IS A CLASS 4 DRUG CARRY NG A CLASS C PENAL TY.

THE BOARD OF STEWARDS CONCLUDE: THAT MR. RUVALCABA HAS VIOLATED SECTIONS 178-1 .4a AND 178-1-49.4a.l

OF THE THOROUGHBRED RULE 178- W WVA C.S.R. 1

A.) THE PERMIT HOLDER'S PAST RECORD.

MR. RUVALCABA HAS NO PRIOR MEDICATION VIOLATIONS UNDER THE MULTIPLE MEDICATION IOLATION

SYSTEM.

- ) THE POTENTIAL OF THE DRUG TO INFLUENCE THE HORSE'S PERFORMANCE.

CLASS 4 DRUGS HAVE LESS OF AN ABILITY TO INFLUENCE THE PERFORMANCE OFA RACEHORSE.

Aug. 29.2016 11:30AM No. 6489 P. 5

- C.) THE LEGAL AVAILABILITY OF THE DRUG.

THERAPEUTIC MEDICATIONS ARE LEGALLY AVAllAIBLE.

D.) WHETHER THERE IS REASON TO BELIEVE THE PERMIT HOLDER KNEW OF THE ADMINJSTRATI N Of

THE DRUG OR INTENTIONALLY ADMINISTERED THE DRUG.

MR. RUVALCABA ADMITIED TO KNOWING OF THE ADMINISTRATION OF THE DRUG.

E.) THE STEPS TAKEN BY THE TRAINER TO SAFEGUARD THE HORSE.

THIS INFORMATION IS NOT AVAILABLE SINCE MR. RUVALCABA WAIVED HIS RIGHTS TO A HEAR NG.

F.) THE PROBABILITY OF ENVIROMENTAL CONTAMINATION OR INADVERTENT EXPOSURE DUE

HUMAN DRUG USE.

NO PROBABILITY

G.) THE PURSE MONEY

MONDAY, MAY 11, 2016 $6,300.00

H.) WHETHER THE DRUG FOUND WAS ONE FOR WHICH THE HORSE WAS RECEIVING A TREATME T AS

DOCUMENTED BY THE TREATING VETERINARIAN'S TREATMENT RECORD.

THIS INFORMATION IS NOT AVAILABLE.

I.) WHETHER THERE WAS ANY SUSPICIOUS BETTING PATTERN IN THE RACE.

NO SUSPICIOUS BETTING PATTERN

J.) WHETHER THE TRAINER WAS ACTING UNDER THE ADVICE OF A VETERJANARIAN LICENSED TO PRACTICE

IN WEST VIRGINIA AND HOLDING AN OCCUPATIONAL PERMIT BY THE RACING COMMISSION .

.. MR. RUVALCABA WAS NOT ACTING UNDER THE ADVICE OF A LICENSED VETERINARIAN.

K.) OTHER FACTORS DEEMED RELEVANT BY THE STEWARDS

NO OTHER FACTORS.

Aug. 29. 2016 11:30AM No. 6489 P. 6

Monday, May 16, 2016 4th Race

1) ANITA VACATION

2) POLO IS CHEAPER

3) PUNTEAOA

4) VEREDA TROPICAL

S) GIDDYUPMYFOURONINE

BASED ON THE ABOVE THE STEWARDS IMPOSE THE FOLLOWING PENALTY UNDERLYING OFFEN E.

MR. RUVALCABA IS HEREBY FINED ONE THOUSAND ($1,000.00) DOLLARS AND THE SAID HORS "STRATEGIC DIVA"

IS DISQUALIFIED FROM All PURSE MONEY. MR. RUBALCABA WIU BE ASSESSED ONE (1) POINT UNDER THE MULTIPLE

MEDICATION VIOLATION SYSTEM. 49.3.m.3

fHE REDISTRIBUTION OF THE SAID RACE IS AS FOLLOWS.

All fines are to be paid within seven (7) days of imposition as per West Virginia Rule of Racing

178·1·8.S.N.

You have the right to appeal this ruling to the Racing Commission. Your appeal must be received n the

Commission Office within 20 days of your receipt of the ruling and must include a security fee in he

amount of $100.00

Chief Steward

Aug.19. 2016 11:57AM No. 6413 P.

RULING #150

NAME: DAVE TREHARNE

DOB: 1/11/1979

BEFORE THE BOARD OF STEWARDS


RULING

PERMIT: #20546 OWNER/TRAINER


· .'

Augus 17,2016

TRAINER DAVE TREHARNE IS HEREBY FINED ONE HUNDRED ($100.00) DOLLARS FOR

l '

WV RULE OF RACING 178-1-44.17. FAILURE TO HAVE A CURRENT NEGATIVE COGGINS FOR THE HORSE

"D'FOREST DIVA" NECESSITATING A LATE SCRATCH FROM 1ST RACE ON TUESDAY, AU UST 16, 2016.

All fines are to be paid within seven (7) days of Imposition as per West Virginia Rule o Racing

178-1-8.5.N.

You have the right to appeal this ruling to the Racing Commission. Your appeal must be received in the

Commission Office within 20 days of your receipt of the ruling and must include a secu ity fee in the

amount of $100.00

RULING #152

NAME: RONALD HIS Y

DOB: 10/18/1989

PERMIT: #22952 JOC EY



RULING

August 17, 2016

The Stew.ards hereb impose the following penalty:

JOCKEY RONALD HIS Y IS HEREBY RESTORED TO GOOD STANDING FOR HAVING PAID HIS FINE.

All fines are to be pa d within seven (7) days of imposition as per West Virginia Rule of Racing

178-1-8.S.N.


Commission Office w thin 20 days of your receipt of the ruling and must include a security fee in the

amount of $100.00

("

G-*¥~4-Steward

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RULING #153

NAME: BRENT ANGE LE

DOB: 2/2/1977



RULING

PERMIT: #20541 OW ER/TRAINER

The Stewards hereb impose the following penalty:

August 20, 2016

TRAINER BRENT AN ELLE IS HEREBY FINED TWO HUNDRED ($200.00) DOLLARS FOR VIOLATION OF

WV RULE OF RACIN 178-1-26.3.g. "Each trainer Is responsible for presenting his or her horse and

being present in the addock at a time appointed before the post time of the race in which the

horse Is entered." F ILURE TO HAVE "GRABTHEMONEVANDRUN" PRESENT IN THE PADDOCK FOR

THE RUNNING OF TH 8TH RACE ON WEDNESDAY, AUGUST 17, 2016.


178-1-8.5.N.



amount of $100.00

(

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£~c--&d Steward

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RULING #154

NAME: LOUIS V. RU

008: 5/21/1981



RULING



August 20, 2016

TRAINER LOUIS V. R BERTO IS HEREBY FINED TWO HUNDRED ($200.00) DOLLARS FOR VIOLATION

OF WV RULE OF RAC NG 178-1-26.3.g. ''Each trainer is responsible for presenting his or her horse

and being present in the paddock at a time appointed before post time of the race in which the

horse is entered." F ILURE TO HAVE "HES A CAT" PRESENT IN THE PADDOCK FOR THE 6TH RACE

ON SATURDAY, AUG ST 20, 2016.


178-1-8.S.N.



amount of $100.00

I

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Steward

£/£ ·d av9 ·oN

Aug. 22. 2016 7:58PM

RULING #156 .

NAME: JOHN T. BROWN

008: 6/18/1957

PERMIT: #20065 TRAINER



RULING


No. 6438 P. 3/ 3

August 21, 2016

TRAINER JOHN T. BROWN IS HEREBY FINED ONE HUNDRED ($100.00) DOLLAR FOR FAILURE TO

HAVE BREED REGISTRATION PAPERS ON FILE FOR THE HORSE "TOWN AND CO NTRY" IN THE

5TH RACE ON SATURDAY, AUGUST 20, 2016. A VIOLATION OF WV RULE OF RA ING #178-1-44.1

NECESSITATING A LATE SCRATCH.


178-1-8.5.N.

You have the right to appeal this ruling to the Racing Commission. Your appeal ust be received in the

Commission Office within 20 days of your receipt of the ruling and must include security fee in the

amount of $100.00

., ~ ).,'\ ,....__

<3

Steward

Aug. 22. 2016 7:57PM

RULING#157

NAME: WALTER F. BISH

DOB: 10/12/1946



RULING



No. 6438 P. 2/ 3

August 21, 2016

TRAINER WALTER F. BISH IS HEREBY FINED ONE HUNDRED ($100.00) DOLLARS FOR FAILURE TO

HAVE BREED REGISTRATION PAPERS ON FILE FOR THE HORSE "GRIT REALITY" I THE 1ST RACE

ON SATURDAY, AUGUST 20, 2016. A VIOLATION OF WV RULE OF RACING #178 1-44.l

NECESSITATING A LATE SCRATCH.


178-1-8.5.N.

You have the r ight to appeal this ruling to the Racing Commission. Your appeal ust be received in the

Commission Office within 20 days of your receipt of t he ruling and must include security fee in t he

amount of $100.00

Steward '

Aug. 22. 2016 7:5 7PM

RULING #158



RULING

NAME: KATHLEEN MARIE DREGITS

DOB: 9/4/1988

PERMIT: #23437 APPRENTICE JOCKEY


No. 6438 P. 1/3

August 21, 2016

JOCKEY KATHLEEN M. DREGITS IS HEREBY FINED ONE HUNDRED ($100.00) DOL RS FOR VIOLATION

OF WV RULE OF RACING 178-1-28.3.b. "A jockey shall faithfully fulfill all engag ments in respect to

racing." FAILURE TO FULFILL HER RIDING ENGAGEMENT ON SATURDAY, AUGU T 20, 2016 RACE #1

ON "TRUE GRIT" RESULTING IN A RIDER CHANGE.


178-1-8.5.N.

You have the right to appeal this ruling to the Racing Commission. Your appeal ust be received in the

Commission Office within 20 days of your receipt of the ruling and must include security fee in the

amount of $100.00

(': i '

Chieft,steward

Steward

RULING #159

NAME: DANNY BIRO

DOB: 8/31/1956



RULING

August 27, 2016



TRAINER DANNY BIR IS HEREBY FINED TWO HUNDRED AND FIFTY ($250.00) DOLLARS FOR VIOLATION

OF WV RULE OF RACI G 178-1-49.4.a.2. INDUSTRIAL LABORATORY REPORTED SAMPLE #E20323S

TAKEN FROM THE H RSE "BELMONT ROAD" WHICH FINISHED 1ST IN THE 2ND RACE ON WEDNESDAY,

AUGUST 10, 2016 DI CONTAIN "FLUNIXIN" AT A CONCENTRATION LEVEL OF 27.6 ng/ml. FLUNIXIN

IS A THERAPEUTIC C SS 4 SUBSTANCE. MR. BIRD IS ASSESSED 1 POINT UNDER THE MULTIPLE

MEDICATION VIOLAT ON SYSTEM. THIS IS MR. BIRD'S FIRST OFFENSE.

All fines are to be pai within seven (7) days of imposition as per West Virginia Rule of Racing

178-1-8.5.N.

You have the right to ppeal this ruling to the Racing Commission. Your appeal must be received in the

Commission Office wi hin 20 days of your receipt of the ru ling and must include a security fee in the

amount of $100.00

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Steward r

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RULING #160

NAME: ODHAIR MA A

DOB: 5/3/1992

PERMIT: #20254 JOC EV



RULING

August 27, 2816


JOCKEY ODHAIR MA A IS HEREBY RESTORED TO GOOD STANDING FOR HAVING PAID HIS FINE.


178-1-8.S.N.



amount of $100.00

-Chief Ste ard

euA- ~-k_ Steward /

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RULING #161

NAME: JAY BERNARD NI

DOB: 9/12/1966



RULING

PERMIT: CT #12970 0 NER/TRAINER

The Stewards hereby mpose the following penalty:

August 27, 2016

TRAINER JAY BERNA INI IS HEREBY FINED TWO HUNDRED ($200.00) DOLLARS FOR VIOLATION OF

THE WV RULE OF RA NG 178-1-26.3.g. "Each trainer is responsible for presenting his or her horse

and being present in he paddock at a time appointed before post time of the race in which the horse

is entered." FAILURE O HAVE "SMARTER STILL" PRESENT IN THE PADDOCK FOR THE 2ND RACE ON

WEDNESDAY, AUGUS 24, 2016. NECESSITATING A LATE SCRATCH.

All fines are to be pal within seven (7) days of imposition as per West Virginia Rule of Racing

178-1-8.5.N.


Commission Office wi hin 20 days of your receipt of the ruling and must include a security fee in the

amount of $100.00

Steward

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RULING #162

NAME: ALEJANDRO

DOB: 1/21/1958

PERMIT: #20259 TRAI ER



RULING


August 27, 2016

TRAINER ALEJANDRO GOMEZ IS HEREBY FINED TWO HUNDRED ($200.00) DOLLARS FOR VIOLATION

OF WV RULE OF RACI G 178-1-26.3.g. "Each trainer is responsible for presenting his or her horse

and being present in he paddock at a time appointed before post time of the race in which the horse

is entered." FAILURE O HAVE "SERVED COLD" PRESENT IN THE PADDOCK FOR THE 4TH RACE ON

WEDNESDAY, AUGU 24, 2016. NECESSITATING A LATE SCRATCH.


178-1-8.5.N.

You have the righ t to ppeal this ruling to the Racing Commission. Your appeal must be received in t he


amount of $100.00

StewlTow

&01 Steward

t

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RULING #163

NAME: JOHN W. BAI

008: 6/24/1945



RULING



August 27, 2016

TRAINER JOHN W. B IRD IS HEREBY FINED ONE HUNDRED ($100.00) DOLLARS FOR FAILURE TO HAVE

HIS HORSE PRESENT ND AVAILABLE AT THE APPROPRIATE TIME FOR ITS TREATMENT OF LASI)( ON

TUESDAY, AUGUST 2 , 2016, RACE 2 FOR THE HORSE "WILL'S MONEY" A VIOLATION OF WV RULE OF

RACING 178-1-49.7.e . NECESSITATING A LATE SCRATCH.


178-1-8.S.N.


Commission Office wi hln 20 days of your receipt of the ruling and must include a security fee in the

amount of $100.00

I

&4r~;-«:t__ Steward

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RULING #164

NAME: JENNIFER A. J HNSON

DOB: 1/24/1960

BEFORE THE BOARD Of STEWARDS


RULING



August 27, 2016

TRAINER JENNIFER A. JOHNSON IS HEREBY FINED TWO HUNDRED ($200.00) DOLLARS FOR VIOLATION

OF WV RULE OF RACI G 178-1-26.3.g. "Each trainer is responsible for presenting his or her horse and

being present in the addock at a time appointed before post time of the race in which the horse is

entered." FAILURE T HAVE "CAROLINA ROSA" PRESENT IN THE PADDOCK FOR THE 4TH RACE ON

MONDAY, AUGUST 2 , 2016. NECESSITATING A LATE SCRATCH.

All fines are to be pai withfn seven (7) days of imposition as per West Virginia Rule of Racing

178-1-8.5.N.

You have t he right to ppeal t his ruling to the Racing Commission. Your appeal must be received in the

Commission Office wi hin 20 days of your receipt of the ruling and must include a security fee in t he

amount of $100.00

_(J()(l

Steward

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RULING #165

NAME: L. CRAIG COX

DOB: 10/15/1958



RULING



August 27, 2016

IS HEREBY FINED TWO HUNDRED ($200.00) OOUARS FOR VIOLATION OF WV

RULE OF RACING 178 1-26.3.g. "Each trainer is responsible for presenting his or her horse and being

present in the paddo k at a time appointed before post time of the race in which the horse is entered."

FAILURE TO HAVE" ISTIE ROYALE" PRESENT IN THE PADDOCK FOR THE 4TH RACE ON MONDAY,

AUGUST 22, 2016. N CESSITATING A LATE SCRATCH.


178-1-8.5.N.



amount of $100.00

··~:. Steward

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RULING #166

NAME: LOREN G. CO

DOB: 3/28/1930



RULING



August 27, 2016

TRAINER LOREN G. C XIS HEREBY FINED TWO HUNDRED ($200.00) DOLLARS FOR VIOLATION OF WV

RULE OF RACING 178 1-26.3.g. "Each trainer is responsible for presenting his or her horse and being

present in the paddo k at a time appointed before post time of the race in which the horse is entered."

FAILURE TO HAVE " IRACLE IN MAY" PRESENT IN THE PADDOCK FOR THE 4TH RACE ON MONDAY,

AUGUST 22, 2016. N CESSITATING A LATE SCRATCH.


178-1-8.S.N.



amount of $100.00

I

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RULING #167

NAME: GARY WELSH

DOB: 8/28/1957



MULTIPLE MEDICATION VIOLATION RULING

PERMIT: # 21716 OWN R/TRAINER

The Stewards hereby i pose the following penalty:

August 27, 2016

HAVING WAIVED HIS R GHT TO A HEARING THE BOARD OF STEWARDS FIND GARY WELSH IN VIOLATION

OF WV RULES OF RACI G 178-1-49.3.m, 178-1-49.3.m.1, 178-1-49.3.m.7.A, 178-1-3.m .7.8, 178-1-49.4.a.2,

and 178-1-51.1.a.

THE OFFICIAL BLOODS MPLE #E204076 TAKEN FROM THE HORSE 11 MYPENNYFROMHEAVEN" WHICH FINISHED

1ST IN THE 8TH RACE O WEDNESDAY, AUGUST 3, 2016 DID CONTAIN "DEXAMETHASONE" A CONTROLLED

THERAPEUTIC MEDICA ION WHICH IS A CLASS 4 DRUG CARRYING AC PENALTY AT A CONCENTRATION LEVEL

OF 17.5 pg/ml WHICH AS CONFIRMED IN THE BLOOD. MR. WELSH ELECTED NOT TO SEND A SPLIT SAMPLE.

THE FOLLOWING IS TH STEWARDS' ANALYSIS OF THE MITIGATING/AGGRAVATING FACTORS IN THE MATIER:

A.) THE PERMIT HOLDE 'S PAST RECORD.

MR. WELSH HAD A CLA S 4 MEDICATION VIOLATION ON TUESDAY, JULY 5, 2016. THIS IS HIS 2ND OFFENSE IN A

365 DAY PERIOD.

B.) THE POTENTIAL OF HE DRUG TO INFLUENCE THE HORSE'S PERFORMANCE.

CLASS 4 DRUGS GENE LLY HAVE A MORE LIMITED ABILITY TO INFLUENC~ THE PERFORMANCE OF RACEHORSES.

C.) THE LEGAL AVAILAB LITY OF THE DRUG.

LEGALLY AVAILABLE.

£/l ·d H v9 ·oN

0 .) WHETHER THERE IS REASON TO BELIEVE THE PERMIT HOLDER KNEW OF THE ADMINISTRATION OF

INTENTIONALLY ADMI ISTERED THE DRUG.

MR. WELSH AOMITTE TO KNOWING OF THE ADMINISTRATION OF THE DRUG.

E.) THE STEPS TAKEN B THE TRAINER TO SAFEGUARD THE HORSE.

N/A

F.) THE PROBABILITY O ENVIROMENTAL CONTAMINATION OR INADVERTENT EXPOSURE DUE TO

HUMAN DRUG USE.

NO PROBABILITY

G.) THE PURSE MONEY

$6,200.00

H.) WHETHER THE DRU FOUND WAS ONE FOR WHICH THE HORSE WAS RECEIVING A TREATMENT AS

DOCUMENTED BY THE REATING VETERINARIAN'S TREATMENT RECORD.

HORSE WAS TREATED Y PRACTICING VETERINARIAN.

I.) WHETHER THERE W SANY SUSPICIOUS BITTING PATTERN IN THE RACE.

NONE

J.) WHETHER THE TRAI ER WAS ACTING UNDER THE ADVICE OF A VETERIANARIAN LICENSED TO PRACTICE

IN WEST VIRGINIA AN HOLDING AN OCCUPATIONAL PERMIT BY THE RACING COMMISSION.

YES, VETERINARIAN H S WV LICENSE AND PERMIT.

K.) OTHER FACTORS DE MEO RELEVANT BY THE STEWARDS

NONE.

MR. WELSH IS HEREBY USPENDEO 15 DAYS EFFECT.IVE WEDNESDAY, AUGUST 24, 2016 THROUGH AND

INCLUDING WEONESO Y, SEPTEMBER 7, 2016 AND JS FINED FIFTEEN HUNDRED ($1,500.00) DOLLARS

£/l ·d H v9 ·oN ~d9£ :9 910l 'Ll ·8nv

THE HORSE "MYPENN FROMHEAVEN" IS DISQUALIFIED FROM ALL PURSE MONIES AND IS TO BE

REDISTRIBUTED AS FO LOWS:

1.) ALWAYS ALEX

Z) GO CATRINA GO

3) AUTUMN DREAMS

4} BLOOMERANG

5) WHITE LACE LADY

6) SUITA MUSIC

7) TAKE ME TO VIENN

THE HORSEMEN'S BOO KEEPER IS REQUESTED TO MAKE THE NECESSARY ADJUSTMENTS.

MR. WELSH HAD 1 POI T PRIOR TO THIS RULING ANO IS ASSESSED 1 POINT UNDER THE

MULTIPLE MEDICATIO VIOLATION SYSTEM, GIVING HIM A TOTAL OF 2 POINTS IN A 365

DAY PERIOD.

WHILE SUSPENDED M • WELSH IS DENIED THE GROUNDS UNDER THE JURISDICTION OF

WV RACING COMMISS ON.

All fines are to be paid ithin seven (7) days of imposition as per West Virginia Rule of Racing

178-1-8.5.N.

You have t he right to a peal th is ruling to t he Racing Commission. Your appeal must be received in t he

Commission Office wit in 20 days of your receipt of the ruling and must include a security fee in t he

amount of $100.00

£IE ·d H v9 ·oN Wd9E:9 9l0l ·Ll ·~nv

Aug. 29. 2016 10:32AM

RULING #170

NAME: GENE TAYLOR

DOB: 05/30/1944



RULING



No. 6484 P. 1/ 1

August 8, 2016

GENE TAYLOR IS HEREBY SUMMARILY SUSPENDED PENDING A HEARING MONDAY, S PTEMBER 5,

2016, FOR VIOLATION OF WV RULE OF RACING 178-1-24.3.b.S ON SATURDAY, AUGU T 27, 2016.

MR. TAYLOR REFUSED TESTING ORDERED BY THE BOARD OF STEWARDS.

All fines are to be paid within seven (7) days of Imposition as per West Virginia Rule f Racing

178-1-8.5.N.

You have the right to appeal this ruling to the Racing Commission. Your appeal must b rece ived in the

Commission Office wit hin 20 days of your receipt of t he rul ing and must include a secu ity fee in the

a mount of $100.00

G

RULING #171

NAME: JOHN W. BAI D

DOB: 6/24/1945



RULING



August 30, 2016

TRAINER JOHN W. B IRD IS HEREBY FINED TWO HUNDRED ($2~0.00) DOUARS FOR VIOLATION OF

WV RULE OF RACING 178-1-26.3.g "Each trainer is responsible for presenting his or her horse and

being present in the addock at a time appointed before post time of the race in which the horse

is entered." FAILURE O HAVE "EVER AMAZING" PRESENT IN THE PADDOCK FOR THE RUNNING OF

THE 2ND RACE ONT ESDAY, AUGUST 30, 2016 NECESSITATING A LATE SCRATCH.

I

All fines are to be pa within seven (7) days of imposition as per Wes~ Virginia Rule of Racing

178-1-8.5.N.

You have the right to ppeal this ruling to the Racing Commission . You r appeal must be received in the


amount of $100.00

Steward

\

£/l 'd 60S9 'ON

RULING #172

NAME: KEVIN GON LEZ

DOB: 4/27/1993

PERMIT: #20848 JO KEY



RULING

The Stewards here y impose the following penalty:

August 30, 2016

JOCKEY KEVIN GON LEZ IS HEREBY FINED ONE HUNDRED ($100.00) DOLLARS FOR VIOLATION OF

WV RULE OF RACIN 178-1-45.5.b FAILURE TO REPORT AND WEIGH OUT AT THE APPOINTED TIME

qN MONDAY, AUG ST 29,2016 RESULTING IN A LATE RIDER CHANGE FOR THE 1ST RACE.

All fines are to be p id within seven (7) days of imposition as per West Virginia Rule of Racing

178-1-8.S.N.

You have the right t appeal this ruling to the Racing Commission. Your appeal must be received in the

Commission Office ithin 20 days of your receipt of t he ruling and must include a security fee in the

amount of $100.00

Steward

@QJ;A-, Steward /

£/l 'd 60S 9 'ON

RULING #173

NAME: WALTER BIS

DOB: 10/12/1946



RULING

PERMIT: #22770 0 NER/TRAINER

The Stewards here v impose the following penalty:

August 30, 2016

TRAINER WALTER B SH IS HEREBY FINED TWO HUNDRED ($200.00) DOLLARS FOR VIOLATION OF

WV RULE OF RACIN 178-1-26.3.g "Each trainer is responsible for presenting his or her horse and

being present in th paddock at a time appointed before post time of the race in which the horse

is entered." FAILUR TO HAVE "SILENT HONOR'' PRESENT IN THE PADDOCK FOR THE 2ND RACE ON

TUESDAY, AUGUST 0, 2016. NECESSITATING A LATE SCRATCH.

All fines are to be p id within seven (7) days of imposition as per West Virginia Rule of Racing

178-1-8.S.N.

You have the right t appeal this ruling to the Racing Commission ... Your appeal must be received in the

Commission Office ithin 20 days of your receipt of the ruling and must include a security fee in the '

amount of $100.00

Chief Steward "

£1Ac_&J Steward

E/£ 'd 60S9 'ON

Sep.5.2016 11:41 AM

RULING# 175

NAME: GLENN KOPP

DOB: 6/6/1957




PERMIT: # 21945 OWNER/TRAINER

The Stewards hereby Impose the following penalty:

No. 6576 P. 1/3

September 3, 2016

HAVING WAIVED HIS RIGHT TO A HEARING THE BOARD OF STEWARDS FINO TRAINER LENN KOPP

IN VIOLATION OF WV RULE OF RACING 178-1-49.3.m.1, 178-1-49.4.a.2, and 178-1-51 . . a

THE OFFICIAL BLOOD SAMPLE #E203214 TAKEN FROM THE HORSE "BRIDGET MALON " WHICH

FINISHED 1ST IN THE 8TH RACE ON SATURDAY, AUGUST 5, 2016 DID CONTAIN "CLEN

A CONTROLLED THERAPEUTIC MEDICATION WHICH IS A CLASS 3 DRUG CARRYING A" " PENAL TY

AT A CONCENTRATION LEVEL OF (SOS+/· 16 pg/ml) WHICH WAS.CONFIRMED IN THE RINE. MR. KOPP

ELECTED NOT TO SEND A SPLIT SAMPLE.

THE FOLLOWING IS THE STEWARDS' ANALYSIS OF THE MITIGATING/AGGRAVATING F CTORS IN THE MATTER:

A.) THE PERMIT HOLDER'S PAST RECORD.

MR. KOPP HAS NO PRIOR MEDICATION VIOLATIONS.

8.) THE POTENTIAL OF THE DRUG TO INFLUENCE THE HORSE'S PERFORMANCE.

CLASS 3 DRUGS ALL HAVE THE POTENTIAL OF AFFECTING THE PERFORMANCE O A RACEHORSE.

C.) THE LEGAL AVAILABILITY OF THE DRUG.

"CLENBUTEROL" IS LEGALLY AVAILABLE.

Sep. 5. 2 0 16 11 : 4 2 AM No. 6576 P. 2/ 3

D.) WHETHER THERE IS REASON TO BELIEVE THE PERMIT HOLDER KNEW OF THE AD INISTRATION OF

INTENTIONALLY ADMINISTERED THE DRUG.

MR. KOPP SAID HE WAS UNAWARE OF THE ADMINISTRATION OF THE DRUG.

E.) THE STEPS TAKEN BY THE TRAINER TO SAFEGUARD THE HORSE.

THE SAID HORSE IS IN MR. KOPP'S CARE.

F.) THE PROBABILITY OF ENVIROMENTAL CONTAMINATION OR INADVERTENT EXPOS RE DUE TO

HUMAN DRUG USE.

NO PROBABILITY

G.) THE PURSE MONEY

$12,000

H.) WHETHER THE DRUG FOUND WAS ONE FOR WHICH THE HORSE WAS RECEIVING TREATMENT AS

DOCUMENTED BY THE TREATING VETERINARIAN'S TREATMENT RECORD.

MR. KOPP DENIES KNOWLEDGE OF THE ADMINISTRATION OF THE DRUG • .'

I.) WHETHER THERE WAS ANY SUSPICIOUS 8ETIING PATIERN IN THE RACE.

NONE

J.) WHETHER THE TRAINER WAS ACTING UNDER THE ADVICE OF A VETERIANARIAN LI ENSED TO PRACTICE

IN WEST VIRGINIA AND HOLDING AN OCCUPATIONAL PERMIT BY THE RACING COMM SSION.

MR. KOPP DENIES KNOWLEDGE OF THE ADMINISTRATION OF THE DRUG.

K.) OTHER FACTORS DEEMED RELEVANT BY THE STEWARDS ·.,

NONE

MR. KOPP IS HEREBY SUSPENDED FIFTEEN DAYS (15) EFFECTIVE WEDNESDAY, SEPTE BER 7, 2016 THROUGH

AND INCLUDING WEDNESDAY, SEPTMEBER 21, 2016. MR. KOPP WILL BE FINED FIVE H NORED ($500.00)

DOLLARS.

Sep. 5. 2016 11:42AM No. 6576 P. 3/ 3

THE HORSE "BRIDGET MOLONEY" IS DISQUALIFIED FROM ALL PURSE MONIES AND IS O BE REDISTRIBUTED

AS FOLLOWS:

1} SMOOTH ARRIVAL

2) SALSAMON

3)JUMELAKA

4) MOON BABY

5) SECONDHAND JUSTICE

6) HOBNOB Hill

THE HORSEMEN'S BOOKKEEPER IS REQUESTED TO MAKE THE NECESSARY ADJUSTME

MR. KOPP WILL BE ASSESSED'ONE POINT UNDER THE MEDICATION VIOLATION SYSTE . THIS

IS HIS FIRST OFFENSE IN A 365 DAY PERIOD.

WHILE SUSPENDED MR. KOPP IS DENIED THE GROUNDS UNDER THE JURISDICTION 0

RACING COMMISSION.

All fines are to be paid within seven (7) days of imposition as per West Virginia Rule o Racing

178-1-8.S.N.

You have the right t o appeal this ruling to the Racing Commission. Your.appeal must be received in the

Commission Office within 20 days of your receipt of the ruling and must include a secur ty fee in t he

amount of $100.00

_,,-·-)

(; Wised -~

wro~5 d~te___ ~----t-------·---·.. .

l/l 'd £8S9 'ON

RULING# 175

NAME: GLENN KOPP

DOB: 6/6/1957




PERMIT:# 2194S OW ER/TRAINER


September 3, 2016

HAVING WAIVED HIS IGHT TO A HEARING THE SOARD OF STEWARDS FIND TRAINER GLENN KOPP

IN VIOLATION OF WV ULE OF RACING 178-1-49.3.m .1, 178-1-49.4.a.2, and 178-1-51.1.a

THE OFFICIAL BLOODS MPLE #E203214 TAKEN FROM THE HORSE ''BRIDGET MALONEY" WHICH

FINISHED 1ST IN THE 8 H RACE ON MONDAY, AUGUST 15, 2016 DID CONTAIN ''CLENBUTEROL"

A CONTROLLED THERA EUTIC MEDICATION WHICH IS A CLASS 3 DRUG CARRYING A "B" PENALTY

AT A CONCENTRATION LEVEL OF (SOS +/-16 pg/ml) WHICH WAS CONFIRMED IN THE URINE. MR. KOPP

ELECTED NOT TO SEND A SPLIT SAMPLE.

THE FOLLOWING IS TH STEWARDS' ANALYSIS OF THE MITIGATING/AGGRAVATING FACTORS IN THE MATTER:


MR. KOPP HAS N PRIOR MEDICATION VIOLATIONS.


CLASS 3 DRUGS LL HAVE THE POTENTIAL OF AFFECTING THE PERFORMANCE OF A RACEHORSE.

C.) THE LEGAL AVAi LAB LITY OF THE DRUG.

" CLENBUTEROL" S LEGALLY AVAILABLE.

l/l 'd £8S9 'ON

RULING #176

NAME: JAY BERNAR

DOB: 9/12/1966



RULING

PERMIT: CT #12970 0 NER/TRAINER


September S, 2016

TRAINER JAY BERNA INI IS HEREBY FINED TWO HUNDRED ($200.00) DOLLARS FOR VIOLATION


and being present in he paddock at a time appointed before post time of the race in which the

horse is entered." FAI URE TO HAVE "SEA TAUS" PRESENT IN THE PADDOCK FOR THE 2ND RACE

ON SATURDAY, SEPT BER 3, 2016. NECESSITATING A LATE SCRATCH.


178-1-8.S.N.

You have the right to a peal this ru ling to the Racing Commission. Your appeal must be received In the

Commission Office wit in 20 days of your receipt of the ruling and must include a security fee in the

amount of $100.00

Steward

-(?.JL0,.A ~ ~ 0~

Steward /

vl l ·d v8S9 ·oN

RULING #177

NAME: BRENT ANGE LE

DOB: 2/2/1977



RULING



September S, 2016

TRAINER BRENT ANG LLE IS HEREBY FINED TWO HUNDRED ($200.00) DOLLARS FOR VIOLATION



horse is entered." FAI URE TO HAVE "BETTINA BRUGGE" PRESENT IN THE PADDOCK FOR THE

9TH RACE ON MONO Y, SEPTEMBERS, 2016. NECESSITATING A LATE SCRATCH.

All fines are to be pal within seven (7) days of imposition as per West Virginia Rule of Racing

178-1-8.S.N.

You have the right to ppea l this ruling to the Racing Commission. Your appeal must be received in the


amount of $100.00

Steward

v/ l ·d v8~9 ·oN

RULING #178

NAME: BRANDON A ES

DOB: 5/27/1978

PERMIT: #20931 TRA NER



RULING


September 5, 2016

TRAINER BRANDON TES IS HEREBY FINED TWO HUNDRED ($200.00} DOLLARS FOR VIOLATION

OF WV RULE OF RACI G 178-1-26.3.g. " Each trainer is responsible for presenting his or her horse


horse is entered." FA LURE TO HAVE "ONE SWEET DREAM" PRESENT IN THE PADDOCK FOR THE

9TH RACE ON SUNDA , SEPTEMBER 4, 2016. NECESSITATING A LATE SCRATCH.

All fines are to be pai w i thin seven (7) days of imposition as per West Virginia Rule of Racing

178-1-8.5.N.



amount of $100.00

Steward

v/ £ ·d v8S9 ·0N

RULING #179

NAME: BART BAIRD

DOB: 7/16/1964



RULING



September 5, 2016

TRAINER BART BAIR IS HEREBY FINED TWO HUNDRED {$200.00) OOUARS FOR VIOLATION

OF WV RULE OF RACI G 178-1-26.3.g. " Each trainer is responsible for presenting his or her horse

and being present in he paddock at a time appointed before post t ime of the race in which the

horse is entered." FA LURE TO HAVE "FLAT HEAD RIVER" PRESENT IN THE PADDOCK FOR THE

1ST RACE ON SATUR AV, SEPTEMBER 3, 2016. NECESSITATING A lATE SCRATCH.


178-1-8.5.N.

You have t he right to ppeal this ruling t o t he Racing Commission. Your appeal must be received in the


amount of $100.00

Steward

G--R.121' ~p',J._ Steward

v/v ·d vB~9 ·oN

Sep. 6. 201 6 10:22AM

RULING #180

NAME: GENE TAYLOR

DOB: 5/30/1944



RULING



No. 6590 P. 2/ 3

Septemb r 5, 2016

TRAINER GENE TAYLOR IS HEREBY SUSPENDED THIRTY (30} DAYS EFFECTIVE AUGUST 28 2016

THROUGH AND INCLUDING SEPTEMBER 26, 2016 FORVIOlATION OF WV RULE OF RACI G

178-1-24.3.b.S. MR. TAYLOR REFUSED TESTING ORDERED BY THE BOARD OF STEWARDS ON

SATURDAY, AUGUST 27, 2016

All fines are to be paid within seven (7) days of imposition as per West Virginia Rule of acing

178-1-8.S.N.

You have the right to appeal this ruling to the Racing Commission. Your appeal must be re eived in the

Commission Office within 20 days of your receipt of the ruling and must include a security ee in the

amount of $100.00

Steward

Seo. 6. 201 6 10: 22AM

RULING #181

NAME: GENE TAYLOR

DOB: 5/30/1944



RULING



No. 6590 P. 3/ 3

Sept ber 5, 2016

TRAINER GENE TAYLOR IS HEREBY FINED ONE HUNDRED ($100.00) DOLLARS FOR VI LATION OF

WV RULE OF RACING 178-1-24.11.g. ON SATURDAY, AUGUST 27, 2016 MR. TAYLOR SEO PROFANE

AND INDECENT LANGUAGE TO A RACING OFFICIAL.

All fines are to be paid within seven (7) days of imposition as per West Virginia Rule f Racing

178-1-8 .5.N.

You have the right to appeal this ruling to the Racing Commission. Your appeal must b received in the

Commission Office within 20 days of your receipt of the ruling and must include a sec ity fee in the

amount of $100.00

Sep. 6. 20 16 10: 22AM

RULING #182

NAME: ERIC REED

DOB: 9/12/1964

PERMIT: #2.2891



RULING


No. 6590 P. 1/ 3

Septemb r 5, 2016

TRAINER ERIC REED IS HEREBY FINED ONE HUNDRED ($100.00) DOLLARS FOR VIOLATIO OF WV

RULE OF RACING 178-1-26.3.g. "Each trainer is responsible for presenting his or her hor e and being

present in the paddock at a time appointed before post time of the race in which the h rse is

entered." FAILURE TO HAVE ''HOUSTON FIRE" PRESENT IN THE PADDOCK FOR THE RUN ING OF

THE 7TH RACE ON MONDAY, SEPTEMBERS, 2016 NECESSITATING A LATE SCRATCH.


178-1-8.5.N.

You have the r ight to appeal this ru ling to t he Racing Commission. Your appeal must be re eived in the

Commission Office within 20 days of your receipt of the ruling and must include a security fee in the

amount of $100.00

Steward

Sep.1 3. 201 6 10 : 16AM

RULING #187

NAME: JOHN T. BROWN

DOB: 6/18/1957

PERMIT: #20065 TRAINER



RULING


No. 6680 P. 1/ 4

Sept mber 11, 2016

TRAINER JOHN T. BROWN IS HEREBY SUSPENDED FOR FAILURE TO PAY HIS FINE O TEO JULY 20, 2016.

All fines are to be paid within seven (7) days of imposition as per West Virginia Ru e of Racing

178-1-8.S.N.

You have the right to appeal this ruling to the Racing Commission. Your appeal mus be received in the

Commission Office within 20 days of your receipt of the ruling and must include as curity fee in the

amount of $100.00

Sep.1 3. 2016 10:16AM

RULING #191

NAME: KATHLEEN DREGITS

DOB: 9/4/1988

PERMIT: #23437 JOCKEY


MOUNTAINEER. RACET~ACK

RULING


No. 6680 P. 2/ 4

September 11, 2016

JOCKEY KATHLEEN DREGITS IS HEREBY SUSPENDED FOR FAILURE TO PAY HER FINE DAT D

AUGUST 21, 2016.


178-1·8,5,N,

You have the right to appeal this ruling to the Racing Commission. Your appeal must be r ceived in the

Commission Office within 20 days of your receipt of the ruling and must include a securit fee in the

amount of $100.00

Steward

RULING #193

NAME: KATELYN EVA S

DOB: 10/5/1997



RULING

PERMIT: #23400 EXE CISE RIDER


September 13, 2016

KATELYN EVANS IS H REBV SUSPENDED FOR VIOLATION OF WV RULE OF RACING 178-1-24.11.h •,.

WRITING A CHECK FO PERMIT THAT WAS RETURNED BECAUSE OF INSUFFICIENT FUNDS.

MS. EVANS IS DENIE PRIVILEGES OF THE GROUNDS UNDER THE JURISDICTION OF THE WV

RACING COMMISSIO


178-1-8.5.N.

You have the right to ppeal this ruling to the Racing Commission. Y.ou! appeal must be received in the

Commission Office wi hin 20 days of your receipt of the ruling and rf!iust include a security fee in the

amount of $100.00

l/ l 'd £699 'ON

Steward

<5Jtg,~ ~~ Steward T .. .

.... .

Sep. 13. 2 0 16 1 0 : 17 AM

RULING #194

NAME: JOSEPH SCHNEIDER

DOB: 1/8/1980

PERMIT: CT #10955 JOCKEY



RULING


No. 6680 P. 3/ 4

September 1, 2016

JOCKEY JOSEPH SCHNEIDER IS HEREBY SUSPENDED FOR FAILURE TO PAY HIS FINE DAT D

AUGUST 14, 2016.


178-1-8.5.N.

You have the right to appeal t his ruling to the Racing Commission. Your appeal must be r ceived in the

Commission Office within 20 days of your receipt of the ruling and must include a securi f ee in t he

amount of $100.00

Sep. 17. 2016 8: 47AM

RULING #195

NAME: KATELYN EVANS

DOB: 10/5/1997



RULING

PERMIT: #23400 EXERCISE RIDER


No. 674 1 P. 1/ 2

Septe ber 14, 2016

EXERCISE RIDER KATELYN EVANS IS HEREBY RESTORED TO GOOD STANDING FOR F LFILLING

HER FINANCIAL OBLIGATION.

I'

All fines are to be paid within seven (7) days of imposition as per West Virginia Rul of Racing

178-1-8.S.N.


Commission Office within 20 days of your receipt of the rul i ng and must include a se urity fee in the

amount of $100.00

· ....

Sep. 13. 2 0 16 1 0 : 17 AM

RULING #197

NAME: LEROY JACKSON

DOB: 12/8/1958



RULING



No. 6680 P. 4/ 4

Sept mber 11, 2016

TRAINER LEROY JACKSON IS HEREBY SUSPENDED FOR FAILURE TO PAY HIS FINED TED

AUGUST 7, 2016.

All fines are to be paid within seven (7) days of imposition as per West Virginia Ru e of Racing

178-1-8.S.N.

You have the right to appeal this ruling to the Racing Commission. Your appeal mus be received in the

Commission Office within 20 days of your receipt of the ruling and must include as curity fee in the

amount of $100.00

Steward

Sep. 1 7. 2 0 16 8 : 4 7 AM

RULING #198

NAME: LEROY JACKSON

DOB: 5/4/1951



RULING



No. 6 741 P. 2/ 2

Septe ber 14, 2016

TRAINER LEROY JACKSON IS HEREBY RESTORED TO GOOD STANDING FOR HAVING AID HIS FINE

DATED AUGUST 7, 2016.

All fines are to be paid within seven (7) days of imposition as per West Virginia Rul of Racing

178-1-8.5.N.


Commission Office within 20 days of your receipt of the ruling and must include a se urity fee in the

amount of $100.00

Chief S

RULING# 199

NAME: LUIS A. JURAD

DOB: 3/14/1974




PERMIT: # 20275 OWN R/TRAINER


September 17, 2016

HAVING WAIVED HIS R GHT TO A HEARING THE BOARD OF STEWARDS FINO MR. JURADO IN VIOLATION

OF WV RULE OF RACIN 178-1-49.3.m, 178-1-49.3.m.1, 178-1-49.3.m.7.A, 178-1-49.3.b., and 178-1-51.1.a.

THE OFFICIAL SAMPLE E203350 TAKEN FROM THE HORSE "BASHEBA" WHICH FINISHED 1ST IN THE 4TH

RACE ON TUESDAY, AU UST 23, 2016 DID CONTAIN "5-HYDROXYDANTROLENE." A CONTROLLED

THERAPEUTIC MEOICA ION WHICH IS A CLASS 4 DRUG CARRYING A CLASS C PENALTY AT A CONCENTRATION

LEVEL OF 20,350 +/- 18 pgml WHICH WAS CONFIRMED IN THE BLOOD. MR. JURADO ELECTED NOT TO SEND

A SPLIT SAMPLE.

THE FOLLOWING IS TH STEWARDS' ANALYSIS OF THE MITIGATING/AGGRAVATING FACTORS IN THE MATTER:


NO PREVIOUS POS IVES


CLASS 4 DRUGS GE ERALLY HAVE A MORE LIMITED ABILITY TO INFLUENCE THE PERFORMANCE

OF RACE HORSES.

C.) THE LEGAL AVAILAB LITY OF THE DRUG.

LEGALLY AVAILABL .

£/ l .d LLL 9 'ON

0.) WHETHER THERE IS REASON TO BELIEVE THE PERMIT HOLDER KNEW OF THE ADMINISTRATION OF

INTENTIONALLY AOMI ISTERED THE DRUG.

MR. JURADO DENI D KNOWLEDGE OF THE ADMINISTRATION.

E.) THE STEPS TAKEN B THE TRAINER TO SAFEGUARD THE HORSE.

N/A

F.) THE PROBABILITY O ENVIROMENTAL CONTAMINATION OR INADVERTENT EXPOSURE DUE TO

HUMAN DRUG USE.

NO PROBABILITY

G.) THE PURSE MONEY

$14,100

H.) WHETHER THE DRU FOUND WAS ONE FOR WHICH THE HORSE WAS RECEIVING A TREATMENT AS

DOCUMENTED BY THE REATING VETERINARIAN'S TREATMENT RECORD.

MR. JURADO DENI D KNOWLEDGE OF THE ADMINISTRATION.

I.) WHETHER THERE W SANY SUSPICIOUS BETTING PATTERN IN THE RACE.

NONE

J.) WHETHER THE TRAI ER WAS ACTING UNDER THE ADVICE OF A VETERIANARIAN LICENSED TO PRACTICE

IN WEST VIRGINIA AN HOLDING AN OCCUPATIONAL PERMIT BY THE RACING COMMISSION.

MR. JURADO DENIE KNOWLEDGE OF THE ADMINISTRATION.

K.) OTHER FACTORS DE MED RELEVANT BY THE STEWARDS

NONE

MR. JURADO IS FINED NE THOUSAND ($1,000.00) DOLLARS AND THE HORSE "BASH EBA" IS DISQUALIFIED

FROM ANY PURSE MO IES. THE PURSE WILL BE DISTRIBUTED AS FOLLOWS:

£/l 'd Ul9 'ON WdOl:9 9!0l 'L! ·das

1) K'S EMPIRE

2) SCARLETTS FOR REA

3) GOTTA FUNNY FEELI

4) ROLL WITH ME SAN Y

THE HORSEMEN'S BOO KEEPER IS REQUESTED TO MAKE THE NECESSARY ADJUSTMENTS. THIS IS

MR. JURADO'S FIRST O FENSE AND HE WILL BE ASSESSED ONE (1) POINT.

All fines are to be paid ithin seven (7) days of imposition as per West Virginia Rule of Racing

178-1-8.S.N.

You have the right to a peal this ruling to the Racing Commission. Your appeal must be received in the


amount of $100.00

Steward

£/ £ 'd LU 9 'ON

RULING #200

NAME: JOSEPH SC NEIDER

DOB: 1/8/1980

PERMIT: CT #10955



RULING

The Stewards here y impose the following penalty:

September 17, 2016

JOCKEY JOSEPH SC NEIDER IS HEREBY RESTORED TO GOOD STANDING FOR HAVING PAID HIS

FINE.

All fines are to be aid within seven (7) days of imposition as per West Virginia Rule of Racing

178-1-8.5.N.

You have the right o appeal this ruling to the Racing Commission. Your appeal must be received in t he

Commission Office ithin 20 days of your receipt of the ruling and must include a security fee in the

amount of $100.00

Steward

\

l/ l 'd HL 9 'ON Wd60:9 9l 0l 'Ll ·das

ruling m. ruvalcaba permitracing.wv.gov/sitecollectiondocuments/rules/rulings mp 001.200 d.… ·...

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