Ontario Racing Commission
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF
STANDARDBRED LICENSEE
MICHAEL R. MacNEILL
Whereas in Ruling SB 333/2004 the Director of Racing indefinitely suspended the licence of Michael R. MacNeill (licence # 038A82) as a driver pursuant to Rule 6.38 (e) (iii) of the Rules of Standardbred Racing until he provided a negative sample at his own expense and appeared before the Ontario Racing Commission as a result of a positive test for THC Carboxylic Acid in a sample taken on December 11, 2004 at Georgian Downs.
On February 8, 2005, a panel of the Ontario Racing Commission consisting of Chair Lynda Tanaka held a hearing in this matter. Mr. MacNeill appeared on his own behalf. Tim Snell represented the Administration.
Upon reading the exhibits filed, and upon hearing submissions of the Parties, the Ontario Racing Commission ordered as follows:
Mr. MacNeill’s licence as a driver be suspended for eight months beginning on hearing date, including prohibitions on driving, schooling, warming up and parading horses for the duration of the suspension, two months of which are stayed.
Mr. MacNeill shall, within six months from the date of the hearing, provide evidence satisfactory to the Director of Racing that he has enrolled in and is attending an ongoing treatment program, failing which his licence as a driver will be suspended indefinitely.
Mr. MacNeill’s licence be placed on probation for one year beginning on the hearing date. If there is another finding of a rule violation in connection with the human drug testing program, which violation takes place within the probation period, Mr. MacNeill’s licence will be suspended for two months in addition to any other penalty that is ordered.
The Commission’s reasons for decision form part of the transcript of the hearing.
Therefore:
Mr. MacNeill's licence as a driver is suspended until August 7, 2005, inclusive, including prohibitions on driving, schooling, warming up and parading horses for the duration of the suspension.
Mr. MacNeill shall, on or before August 7, 2005, provide confirmation to the satisfaction of the Director of Racing that he enrolled in and has either completed or is regularly attending an ongoing treatment program, failing which his licence as a driver shall continue to be suspended until such time as he provides this notification.
Mr. MacNeill’s licence as a driver is placed on probation until February 7, 2006, inclusive. If there is another finding of a rule violation in connection with the human drug testing program, which violation takes place within the probation period, Mr. MacNeill’s licence will be suspended for two months in addition to any other penalty that is ordered.
DATED this 18th day of February, 2005.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director