RULING NUMBER COM TB 009/2010

COMMISSION HEARING TORONTO, ONTARIO – MAY 31, 2010

IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;

AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING BY

THOROUGHBRED LICENSEE RICHARD JASON MORROW

Richard Jason Morrow (“Morrow”) is licensed by the Ontario Racing Commission (“ORC”), as an Apprentice Jockey for thoroughbred racehorses, licence #102829.

A random saliva test, taken from Morrow, on 30 June 2008 at 1150 hours, by Pamela Bray, Investigator, ORC, was verified as positive for marijuana on 8 July 2008.

This violation resulted in Thoroughbred Ruling Number TB ADMIN 12/2008, dated 8 July 2008, which ordered, inter alia, as follows:

(i) a $500.00 fine;

(ii) a 15 day suspension of his Apprentice Jockey’s licence, from 8 July 2008 to 22 July 2008 inclusive;

and

(iii) the successful completion of a Return to Duty alcohol and drug test, pursuant to Rule 38.08 (c) (i) of the Rules of Thoroughbred Racing, for a “first offence”.

A Return to Duty urine test, taken from Morrow on 31 July 2008, was verified as positive for marijuana on 31 July 2008.

A further Return to Duty urine test, taken from Morrow on 7 August 2008, was verified as negative on 7 August 2008.

A Post-Violation Agreement was entered into between Morrow and the ORC on 11 August 2008, at Fort Erie, Ontario.

A follow-up saliva test, taken from Morrow on 26 August 2008 at 00:55 PM, was verified as positive for marijuana on 30 August 2008.

A follow-up confirmation test, of this sample taken from Morrow, was also verified as positive for marijuana on 15 September 2008.

This violation resulted in Thoroughbred Ruling Number TB ADMIN 13/2008 dated 4 September 2008, which ordered, inter alia, as follows:

(iii) that Morrow is suspended from performing the duties for which he is licensed;

and

(iv) that Morrow is referred to the Commission, pursuant to Rule 38.08(c) (ii) of the Rules of Thoroughbred Racing, for a “subsequent offence”.

A Return to Duty urine test was refused by Morrow on 17 September 2008.

A Return to Duty urine test, taken from Morrow on 13 May 2010, at 1410 hours, was verified as negative on 14 May 2010.

Morrow prepared an Application for Reinstatement Hearing on 19 May 2010.

A Notice of Hearing was issued on 26 May, 2010 for 31 May 2010, at 9:00 a.m.

On May 31, 2010, a Panel of the ORC, consisting of the Chair, Rod Seiling, was convened to hear this matter.

Morrow was unrepresented. Anthony Williams appeared as counsel for the Administration for the ORC.

Following a review of the exhibits filed and the hearing of the submissions of Morrow and counsel for the Administration, the Panel ordered as follows:

(i) Morrow may apply to be re-licensed subject to his entry into a Post–Violation Agreement with the ORC;

and

(ii) Morrow must enroll in a substance abuse program approved by the ORC, for a period of 12 months.

A transcript with the Panel’s Reasons for Decision is attached to this Ruling.

DATED this 10^th day of June 2010.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

RE: THOROUGHBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF RICHARD JASON MORROW

Held Before:

Rod Seiling Chairman

This is an excerpt of a Hearing of the Ontario Racing Commission re: RICHARD JASON MORROW, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 31st day of May, 2010.

Appearances:

Anthony Williams, for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: I think you might be right. So I am going to allow Mr. Morrows to apply to be relicensed subject to him agreeing to a post violation agreement, sign it and I think it still would not be unreasonable to have him enrolled in a substance abuse program for the next twelve months. Again, one that Ms. Moretti and/or Mr. Locke will approve of. I am sure it is lot easier to stay on the straight and narrow at the farm than it is at the racetrack and I think that it might not be a bad thing to have a reminder, a little help along the way for the next twelve months. So Mr. Morrow, do you understand?

MR. MORROW: Yes, sir.

MR. CHAIRMAN: You can talk to Ms. Moretti. She is right back there, the lady in the gold sweater. She can help you and tell you what type of program and what will be agreeable and she can help you out to get the process of getting your license back and good luck to you.

MR. MORROW: Thank you very much, sir.

MR. WILLIAMS: Thank you, sir.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths