IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF STANDARDBRED LICENSEE CARVER SULLIVAN
Carver Sullivan (K6181) was suspended for an indefinite period by the Judges, (SB 30519), on December 7, 2003, for refusing to provide a sample when properly requested at Windsor Raceway on December 7, 2003. Mr. Sullivan, pursuant to Rule 6.38(f), was required to appear before a panel of the Commission.
Lynda Tanaka, Chair, convened a hearing of the Ontario Racing Commission on January 22, 2004.
Carver Sullivan and Jacqueline Donnelly appeared on behalf of Mr. Sullivan and Don Bourgeois appeared on behalf of the Administration.
On hearing the evidence of Glenn Hill, John McEachern, Carver Sullivan, Jacqueline Donnelly and Clark Kowalchuk, on reading the exhibits and on hearing submissions of the parties, the Ontario Racing Commission reinstated Mr. Sullivan's licence. The Commission ordered that the conditions set out in Ruling COM SB 17/2002 remain in place for an indefinite period. In addition, Mr. Sullivan shall make enquiries with the Paddock Judge each and every time he races whether or not the Ontario Racing Commission's drug testing unit is present at the racetrack.
The Ontario Racing Commission provided oral reasons for its decision which form part of the transcript.
DATED this 27th day of January 2004.
BY ORDER OF THE COMMISSION
Jean Major
Executive Director