IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20; AND

IN THE MATTER OF THOROUGHBRED OWNER/TRAINER

CHRIS W. TUTTLE

Thoroughbred Owner/Trainer Chris W. Tuttle (110536) appealed the decision of the Stewards in Ruling TB 32/04 dated April 29, 2004, wherein he was fined $1,000.00 for having been found in violation of Rule 15.09.1 (c) of the Rules of Thoroughbred Racing for not having written agreements with the owners of horses and wherein he was fined an additional $1,000.00 for having been found to be in violation of Rule 15.28 for failing to comply with an undertaking in which he had represented that he had obtained an accountant for his trainer business in April, 2003.

On July 14, 2004, Chair Lynda Tanaka, Commissioners David Gorman and Brenda Walker of the Ontario Racing Commission convened to hear this appeal.

No one appeared on behalf of Mr. Tuttle. Tim Snell appeared on behalf of the Administration.

Upon reading the exhibits and upon hearing the submissions of the Administration, including the notice of appeal filed by Mr. Tuttle, the Notice of Hearing dated May 19, 2004, correspondence and submissions indicating that Counsel for Mr. Tuttle had contacted the Administration on July 12, 2004 requesting an adjournment of the hearing, that the Administration had communicated that it did not consent to this request for an adjournment, that the appeal had not been withdrawn and, after having adjourned the hearing for 15 minutes, that no one had appeared for and no messages had been received from or on behalf of Mr. Tuttle, the Ontario Racing Commission dismissed this appeal and confirmed the Ruling of the Stewards in Ruling TB 32/04 is hereby confirmed.

Mr. Tuttle is ordered to pay $2,000.00 to the Ontario Racing Commission forthwith and before he can participate directly or indirectly in racing again.

The reasons for decision form part of the transcript of the hearing.

DATED this 15^th^ day of July 2004.

BY ORDER OF THE COMMISSION

Don Bourgeois

Acting Executive Director