IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20; AND
IN THE MATTER OF STANDARDBRED LICENSEE
STEVE D. ORGAN
Standardbred Owner/Groom Steve D. Organ (#K50217) appealed the decision of the Judges to scratch the horse SCULLY FBI, which had been entered to race in the seventh race at Mohawk Raceway on June 5, 2004, pursuant to Rules 3.10, 6.10, 26.8 and 1.09 of the Rules of Standardbred Racing, as a result of Standardbred Driver/Trainer Jim D. Raymer’s licence as a trainer in New Jersey being suspended by the New Jersey Racing Commission from May 28, 2004 until June 26, 2004, inclusive, pursuant to Ruling No. 04TRH31 (the “New Jersey Ruling”). Also at issue in this appeal was the eligibility of two horses, GODESS OF CHAOS and RICKIE, to race at Mohawk Raceway on June 4, 2004, in the seventh and ninth races respectively.
On June 3, 2004, Vice Chair Larry Todd and Commissioners David Gorman and George Kelly of the Ontario Racing Commission convened to hold the hearing.
Frank Roth appeared on behalf of Mr. Organ and Tim Snell appeared on behalf of the Administration.
Upon hearing the testimony of Judge Gary Cahill and Jim D. Raymer, upon reading the exhibits and upon hearing the submissions of the parties, the Ontario Racing Commission ordered that the appeal be allowed, subject to the conditions set out below:
With respect to GODESS OF CHAOS and RICKIE, if a stay of the New Jersey Ruling is granted by the New Jersey Racing Commission and/or a New Jersey Court of competent jurisdiction and a copy of that stay has been delivered to the Administration of the Ontario Racing Commission to the care of the Director of Racing or the Judges by no later than 5:00 p.m. on Friday, June 4, 2004; and, with respect to SCULLY FBI, if a stay of the New Jersey Ruling is granted by the New Jersey Racing Commission and/or a New Jersey Court of competent jurisdiction and a copy of that stay has been delivered to the Administration of the Ontario Racing Commission to the care of the Director of Racing or the Judges by no later than 5:00 p.m. on Saturday, June 5, 2004; OR,
If there are issued proceedings in an appellate or review court in the State of New Jersey, issued and having a return date for a stay application within seven days of Thursday, June 3, 2004, and, with respect to GODESS OF CHAOS and RICKIE, certified copies of those proceedings have been delivered to the Administration of the Ontario Racing Commission to the care of the Director of Racing or the Judges by no later than 5:00 p.m. on Friday, June 4, 2004; and, with respect to SCULLY FBI, certified copies of those proceedings have been delivered to the Administration of the Ontario Racing Commission to the care of the Director of Racing or the Judges by no later than 5:00 p.m. on Saturday, June 5, 2004; AND,
If neither Condition 1 nor Condition 2 above is satisfied by the dates and times indicated, the appeal is dismissed and the horses mentioned will be scratched.
The reasons for decision form part of the transcript of the hearing.
DATED this 10th day of June 2004.
BY ORDER OF THE COMMISSION
Don Bourgeois
Executive Director (Acting)