RULING NUMBER COM SB 012/2012
COMMISSION HEARING TORONTO, ONTARIO – APRIL 4, 2012
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF
STANDARDBRED LICENSEE BLAKE BIEKX
Blake B. Biekx (“BIEKX”) was licensed with the Ontario Racing Commission (“ORC”) as a Groom (license #J76826).
On September 25, 2009, the Deputy Director of the ORC issued Ruling Number SB 156/2009 to BIEKX wherein he was fined $500 and suspended for 15 days (September 24 to October 8, 2009 inclusive) in accordance with Rule 36.08(c)(i) of the Rules of Standardbred Racing (“SB Rules”). Pursuant to Rule 36.08(f) of SB Rules, BIEKX was also required to meet conditions prior to licence reinstatement.
On May 9, 2010, BIEKX entered into a Post Violation Agreement with the ORC for a period of one year.
On May 11, 2010, the Deputy Director of the ORC issued Ruling Number SB 93/2010 to BIEKX confirming that BIEKX satisfied the conditions for reinstatement and was, thereby, reinstated.
On August 6, 2010, the Deputy Director of the ORC issued Ruling Number SB 139/2010 to BIEKX wherein he was suspended from performing his duties and required to appear before the Commission in accordance with Rule 36.08(d) of SB Rules.
On March 17, 2012, BIEKX submitted an Application for Reinstatement Hearing.
On March 21, 2012, a Notice of Hearing was issued to notify the parties that a Panel of the ORC would be convening to consider the Application for Reinstatement on April 10, 2012.
On April 10, 2012, a Panel of the ORC, comprised of Chair Rod Seiling, was convened to hear this matter.
BIEKX attended and was represented by William O’Donnell, acting as his agent in the capacity of “friend”. Jennifer Friedman appeared as counsel for the Administration of the ORC.
Upon hearing the testimony of Investigator Pamela Bray, the submissions on behalf of BIEKX and of counsel, and considering the exhibits filed, the Commission ordered the reinstatement of BIEKX subject to the recommendations of the Administration of the ORC as follows:
a) Increase the duration of the Post Violation Agreement from one year to two years in duration;
b) The cost of the missed appointment shall be wholly borne by BIEKX, and be paid to the ORC prior to reinstatement;
c) He shall provide evidence to the Administration of the ORC of his continued involvement in an aftercare program.
The transcript with the Panel’s Oral Decision is attached to this Ruling.
DATED at Toronto this 12th day of April 2012.
BY ORDER OF THE COMMISSION __________________________________
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF BLAKE BIEKX
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: BLAKE BIEKX, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 10th day of April, 2012.
Appearances:
Jennifer Friedman,
for the Ontario Racing Commission Administration
William O'Donnell, agent for the Appellant Biekx
Hearing continued ...
MS. FRIEDMAN: The Administration submits three recommendations in connection with the reinstatement of Mr. Biekz and they are 1) increase the duration of the post violation agreement from one to two years in duration; 2) the costs of the missed appointment shall be borne by Mr. Biekz and 3) he shall provide evidence to the Administration of his continued involvement in an after care program.
MR. CHAIRMAN: And just before you respond, Mr. O'Donnell, I would add one caveat and it relates to 1(b) that the cost of the appointment has to be paid prior to reinstatement. We are not going to go chasing him. I'm not suggesting that Mr. Biekz won't pay but it is always easier to collect before the license is issued than after.
MR. O'DONNELL: I'm prepared to pay that today.
MR. CHAIRMAN: Okay. So if you are prepared to accept the recommendation of the Administration I'm prepared to accept it and will rule as such, with that caveat that the outstanding amount be paid before reinstatement.
MR. O'DONNELL: Okay. One question, he shall provide evidence to the Administration, you know, for his after care which it has been two years now or going on three years.
MR. CHAIRMAN: But the post violation agreement has been extended from one to two years.
MR. O'DONNELL: Right.
MR. CHAIRMAN: So that will catch it and what we are interested in seeing is that he is following the - well, if you go back to the post violation agreement - the testing at whatever time at his cost and there is a whole bunch of things in there. If you want, we can read them out but I don't think we need to but that's why that is in there because of the extension of the post violation agreement.
MR. O'DONNELL: Well, my concern is where it never was a drug related problem in the beginning so why should he have to have being drug tested now other than just go to AA or something.
MR. CHAIRMAN: It is alcohol and/or drug because we have a responsibility to protect the safety of the horse and the safety of participants. If Mr. Biekz should end up working some day and be under the influence of whatever that responsibility falls back to us for that because we bear that. So we need to have the processes in place to ensure that that isn't happening and that Mr. Biekz is following the rules as laid out regarding alcohol and drugs.
MR. O'DONNELL: Well, that was one of the big problems. You know, Mr. Biekz makes about $500.00 a week. If he is going to be tested, I don't know how often, it is $125.00 each time.
MR. CHAIRMAN: Well, I'll let Ms. Bray but based on what I understand from past experience that isn't the case but Ms. Bray can speak to it directly.
MS. BRAY: Basically Mr. Biekz would be required to present himself to the paddock judge when he is in the paddock to provide a breathalyser test. It costs nothing.
MR. O'DONNELL: Okay, that's no problem with that.
MS. BRAY: Okay. I don't believe he will be subject to unannounced drug testing but the follow up type he will still be required for random testing should he be selected and whatever recommendations were made in the substance abuse professional assessment from the original are still in effect. So if it deemed him to continue with AA or some ongoing out patient after care he needs to continue to do that and that's all the Chair is asking.
MR. O'DONNELL: Okay, that's fine.
MR. CHAIRMAN: Okay, then I won't bother reading into the record. The recommendations are ordered as so listed in part 3 of tab 2 with the caveat that the outstanding bill be paid before reinstatement is made final.
MS. FRIEDMAN: Thank you.
CERTIFIED CORRECT:___________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths