RULING NUMBER COM SB 058/2012

COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 19, 2012

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

AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING

STANDARDBRED LICENSEE TYLER MOORE

On November 13, 2012, the Judges issued Standardbred Official Ruling SB45134 wherein Tyler Moore (“Moore “) was given a 5-day driving suspension for violation of SB Rule 22.05.01(a) wherein he did cause interference in race 9 on October 28, 2012, at Georgian Downs Raceway.

On November 14, 2012, Moore filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.

On December 19, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.

Tom Miller appeared on behalf of the Administration of the ORC. Moore did not appear but was represented by Neeko Stein.

At the outset, Mr. Stein requested that the appeal be dropped as per Moore’s instructions.

The Panel granted the request with costs assessed at $100 and Moore will serve his 5-day driving suspension from December 26, 2012 to December 30, 2012 inclusive.

A transcript of the Panel’s Oral Decision is attached to this Ruling.

Dated at Toronto, Ontario this 21st day of December 2012.

BY ORDER OF THE COMMISSION

Steven Lehman

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF TYLER MOORE

Held Before:

Rod Seiling, Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: TYLER MOORE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 19th day of December, 2012.

Appearances:

Tom Miller, agent for the Ontario Racing Commission Administration

Hearing commenced ...

MR. CHAIRMAN: There may be very good reasons why Mr. Moore is not here. I have no reason to suspect anything different. I don't know why he is not here. He has sent a representative as he is required to do withdrawing the appeal and I am of the opinion that I will grant the withdrawal on the condition that there is; I have the documentation here from Ms. Wright saying the Commission has expended $100.00 in preparing for the appeal so under policy directive 3/2010 the appellant is fined the sum of $100.00 for dropping an appeal after such time as the ORC has expended time and resources preparing for the licensee's hearing and that his penalty will be served according to the Judge's wishes. They will work it out so you can convey that.

MR. MILLER: I will talk to Mr. Stein before he goes.

MR. CHAIRMAN: Yes. Mr. Stein, any questions?

MR. STEIN: No.

MR. CHAIRMAN: That's it then. I think we are adjourned.

MR. MILLER: Thank you.

CERTIFIED CORRECT________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths