IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20; AND
IN THE MATTER OF THE RULES OF STANDARDBRED RACING
IN THE MATTER OF LICENSEE DR. RANDALL RUBENSTEIN
Veteri narian Dr. Randall Rubenstein (P51735) appealed the decision of the Executive Director of the Ontario Racing Commission in Ruling Number SB 16/2003 issued against him pursuant to Rule 6.04 of the Rules of Standardbred Racing, wherein he was charged with violations of Rule 11.08, 6.21, 6.27 and 6.20(b) of the Rules and was fined $20,000.00 and suspended for two years for these violations.
The aforesaid Ruling was stayed by order of the Executive Director in Ruling Number 35/2003 on March 7, 2003.
This matter was originally scheduled for June 12, 2003 and was adjourned at the request of Counsel for Dr. Rubenstein. The matter was rescheduled for July 10 and 11, 2003 and was adjourned at the request of Counsel for Dr. Rubenstein. The matter was rescheduled for February 17 and 18, 2004.
On February 17, 2004, Commission Chair Lynda Tanaka, Commissioners Patricia Bullock and Brenda Walker of the Ontario Racing Commission convened to hear the appeal.
Arlen Sternberg appeared on behalf of Dr. Rubenstein and Tim Snell appeared on behalf of the Administration.
Upon hearing submissions of the parties on motions brought at the commencement of the hearing by the Appellant Dr. Rubenstein that the Chair should recuse herself from the panel and that Commissioner Bullock should recuse herself from the panel, the panel ordered:
a) The motion that Commissioner Bullock recuse herself be dismissed;
b) The motion that the Chair recuse herself be granted for reasons that form part of the transcript;
c) That with the consent of the Appellant the Vice Chair will chair the hearing of this appeal;
d) That the hearing will be held at the earliest date that the panel can be convened;
e) That the hearing be peremptory.
DATED this 19th day of February 2004.
BY ORDER OF THE COMMISSION
Jean Major
Executive Director