RULING NUMBER COM TB 012/2009
COMMISSION HEARING TORONTO, ONTARIO – OCTOBET 20, 2009
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF
THOROUGHBRED LICENSEE ROBERT B. YOUNG
Robert B. Young (Young) was licensed as an Assistant Trainer, Licence No. 110295, by the Ontario Racing Commission.
On November 13, 2008, a follow-up test upon Young resulted in a positive.
On November 18, 2008, Young was suspended and referred to the Commission, (pursuant to Thoroughbred Rule 38.08 (c) (ii) and pursuant to Ruling TB ADMIN 19/2009.
On March 1, 2009, Young’s licence expired.
On October 6, 2009, Young made application for a Reinstatement Hearing.
On October 20, 2009, a panel of the Ontario Racing Commission, consisting of Chair Rod Seiling, was convened to hear this matter.
Robert Young appeared in person. Young was self-represented. Anthony Williams appeared as counsel for the Administration.
Upon hearing the allegations against Young and upon reading the exhibits filed, and upon hearing Pamela Bray, Investigator, called as a witness by the Administration, and upon hearing the licensee Young as a witness, and upon hearing the submissions as to penalty, the Commission ordered as follows:
Young is to be granted a tradesperson’s licence upon completing the necessary documentation.
The licence is granted upon the following conditions:
(a) that Young repay $765 outstanding to the Ontario Racing Commission within 14 days of the issuance of his licence;
(b) that Young enter into a post-violation agreement that will set out the conditions of his licence for a period of 12 months;
(c) that Young agree to be subject to random testing at any time he is at an Ontario Racing Commission licensed facility and
(d) That Young may apply for reinstatement as a groom, assistant trainer or trainer within 6 months of the issuance of his tradesperson’s licence, provided that he can satisfy the Ontario Racing Commission and or its officials that he has an employer or owner awaiting to engage him.
The Transcript which contains the Reasons for Decision of the Panel is attached to this Ruling.
DATED this 20th day of October 2009.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF ROBERT B. YOUNG
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ROBERT B. YOUNG, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 20th day of October, 2009.
Appearances:
Anthony Williams,
for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: All rise please. Please be seated. After carefully reviewing the testimony, the evidence and documents the panel makes the following ruling. 1) Mr. Young is to be granted a tradesperson's license upon completing the necessary documentation. 2) the license is granted on the following conditions (a) that he repay the Commission within 14 days of the issuance of his license the $765.00 outstanding to the ORC; (b) he enter into a post violation agreement that will set out conditions of license for a period of twelve months; (c) he agree to be random tested at any time he is on an ORC licensed facility; and (d) he can apply for reinstatement as a groom, assistant trainer or trainer within six months of the issuance of his tradesperson's license provided that he can satisfy the Commission and/or its officials that he has an employer/owner awaiting to engage him.
MR. YOUNG: Thank you.
MR. CHAIRMAN: Any questions?
MR. WILLIAMS: No, sir, none.
MR. CHAIRMAN: Thank you.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths