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Monday, February 24, 2014

Oklahoma Horse Racing Commission Minutes from January 2014 Meeting

REPORTS


Chairman Leonard made the following reports:
The Commission Executive Director, through responsibility delegated to him by

the Commission, reviewed and approved the following CY 2014 renewal licenses
for Independent Testing Laboratories:
BMM North America, Inc. D/B/A BMM Testlabs
Gaming Laboratories International, LLC
Nick Farley and Associates D/B/A Eclipse Compliance Testing
This year’s Legislative Session will convene on Monday, February 3, 2014.

Commission Staff will start reviewing bills related to the industry after the January
16, 2014 deadline for filing and introducing bills. Commissioner Lucas reported
that two bills had been drafted at the Commission’s request to: (1) expand the
Commission Executive Director’s authority to purchase vehicles and law
enforcement equipment and (2) set a deadline of three years for undisbursed
funds of $50.00 or less in the Horsemen’s Funds at a racetrack to be
redistributed to the Fund for use in the current race meeting.
OKLAHOMA HORSE RACING COMMISSION

REGULARLY SCHEDULED MEETING
JANUARY 16, 2014
MINUTES
CALL TO ORDER/ROLL CALL


Chairman Leonard called the Regularly Scheduled Meeting of the Commission to order
at 9:38 a.m. in Track North at Remington Park Racetrack and Casino, Oklahoma City,
Oklahoma.
Commission members answering roll call were Commissioner Bollenbach,
Commissioner Bowers, Commissioner Burton, Commissioner Goumaz, Commissioner
Harrell, Commissioner Kirk, Commissioner Lucas, Commissioner Sanders and
Chairman Leonard. Mr. Neal Leader, Commission Counsel, was present as well as the
following Commission staff members: Mr. Constantin A. Rieger, Mr. Mike Dixon, Ms.
Mary Ann Roberts, Mr. Mike Corey, Ms. Bonnie Morris and Ms. E J Brees.
Approximately fourteen persons attended and signed the registry which is part of the
record.
APPROVAL OF MINUTES


Commissioner Bowers moved to approve the drafted Minutes from the November 21,
2013 Regularly Scheduled Commission Meeting. Commissioner Goumaz seconded the
motion. The vote was as follows:
Aye: Mr. Bowers, Ms. Goumaz, Mr. Burton, Mr. Harrell, Mr. Lucas,
Mr. Sanders, Mr. Leonard
Abstain: Mr. Bollenbach, Mr. Kirk
The motion passed with 7 ayes and 2 abstentions.

PROPOSED AMENDMENTS TO DIRECTIVE ON COMMISSIONSANCTIONED

THRESHOLDS
 
Background
 
The Ad Hoc Committee on Medications met on September 17, 2013 and December 16,

2013 to discuss possible amendments to the Directive on Commission-Sanctioned

Thresholds for Commission consideration. The Committee forwarded the following

recommendations for Commission consideration:
Addition of Firocoxib with the level at 20 ng/ml plasma/serum to the list of


therapeutic medications under the Non-Steroidal Anti-Inflammatory Drug

category, and
Correction of the term ‘plasma/serum’ in the document in which it was


incorrectly shown as ‘serum/plasma’.

Mr. Scott Wells, President and General Manager of Remington Park, stated that he

strongly encouraged the Commission to give serious consideration to adopting the RCI

Model Rules on medications.

Chairman Leonard responded that there had been discussion on recommending

adoption of the RCI Model Rules to the Commission, adding that there was dissension

among some horsemen and others regarding the Bute level in particular. Chairman

Leonard also said that he would continue discussions on these topics at a later time.

Mr. Wells was invited to the next Ad Hoc Committee on Medication Meeting to give a

formal presentation of his views regarding the RCI Model Rules and Bute level. It was

suggested that Dr. John Chancey, the veterinarian who administers the pre-race

examinations at Remington Park, should also attend. Ms. Goumaz, as Chair of the Ad

Hoc Committee on Medication, stated that the next meeting had not yet been scheduled

but she would make certain that Mr. Wells and Dr. Chancey were invited to attend.

Commissioner Goumaz made a motion to adopt the proposed amendments to the

Directive on Commission-Sanctioned Thresholds, including a correction of the effective

date to January 16, 2014 for Firocoxib. Commissioner Burton seconded the motion.

The vote was as follows:

Aye: Ms. Goumaz, Mr. Burton, Mr. Bollenbach, Mr. Bowers, Mr. Harrell,

Mr. Kirk, Mr. Lucas, Mr. Sanders, Mr. Leonard

The motion passed on a 7-0 vote.
PROPOSED OPENING OF THE PERMANENT RULEMAKING PROCESS
 
TO CONSIDER RULE AMENDMENTS OF THE OHRC RULES OF

RACING AS PROPOSED BY COMMISSION STAFF
Ms. Mary Ann Roberts, Staff Attorney, recommended amendments to two racing rules

by changing the term ‘plasma’ to ‘plasma/serum’ to be consistent within the rules as well

as the Directive on Commission-Sanctioned Thresholds.

Commissioner Goumaz made a motion to open the permanent rulemaking process for

proposed rule amendments Rule 325:45-1-9, Furosemide (Salix) Use without Detention

Barn, and Rule 325:45-1-22, Phenylbutazone Use, by publishing a Notice of
Rulemaking intent in The Oklahoma Register and scheduling a Public Hearing.


Commissioner Kirk seconded the motion. The vote was as follows:

Aye: Ms. Goumaz, Mr. Kirk, Mr. Bollenbach, Mr. Bowers, Mr. Burton,

Mr. Harrell, Mr. Lucas, Mr. Sanders, Mr. Leonard

The motion passed on a 7-0 vote.
POSSIBLE FINAL ACTION ON PROPOSED RULE AMENDMENTS TO 4

RACING RULES
 
Background
 
At the November 21, 2013 meeting, the Commission approved opening the permanent
rulemaking process [publication in The Oklahoma Register and scheduling of a Public


Hearing] for consideration of amendments to four (4) racing rules. The Notice of
Rulemaking Intent was published in the December 16, 2013 issue of The Oklahoma

Register. Since the administrative rules require a minimum of thirty (30) days between


the publication of the Notice of Rulemaking Intent and the date for the Public Hearing,

the Public Hearing was scheduled for January 15, 2014.
Current Consideration
 
Mr. Constantin Rieger, Commission Executive Director, reported that no comments

were received.

Mr. Neal Leader, Senior Assistant Attorney General and Commission Counsel, advised

the Commission that the proposed amendments to the two Oklahoma-Bred rules in

Chapter 75 did not request approval of a new fee. He added that the fee had been

approved in CY 2009 with an effective date of January 1, 2010.
Commissioner Goumaz made a motion to adopt proposed rule amendments to the

following four (4) racing rules: Rule 325:1-28, Report of Treatment: Procaine Penicillin

Administration, 325:65-1-44, Pools Dependent Upon Betting Interests, 325:75-1-2,

Definitions and 325:75-1-3, Definition of Accredited Oklahoma-Bred Thoroughbred.

There was no objection by any Commissioner to the consideration of all proposed

amendments in a single motion. Commissioner Burton seconded the motion. The vote

was as follows:

Aye: Ms. Goumaz, Mr. Burton, Mr. Bollenbach, Mr. Bowers, Mr. Harrell,

Mr. Kirk, Mr. Lucas, Mr. Sanders, Mr. Leonard

The motion passed on a 7-0 vote.
REPORTS
 
 
Chairman Leonard made the following reports:
The Commission Executive Director, through responsibility delegated to him by


the Commission, reviewed and approved the following CY 2014 renewal licenses

for Independent Testing Laboratories:
BMM North America, Inc. D/B/A BMM Testlabs

Gaming Laboratories International, LLC

Nick Farley and Associates D/B/A Eclipse Compliance Testing

This year’s Legislative Session will convene on Monday, February 3, 2014.


Commission Staff will start reviewing bills related to the industry after the January

16, 2014 deadline for filing and introducing bills. Commissioner Lucas reported

that two bills had been drafted at the Commission’s request to: (1) expand the

Commission Executive Director’s authority to purchase vehicles and law

enforcement equipment and (2) set a deadline of three years for undisbursed

funds of $50.00 or less in the Horsemen’s Funds at a racetrack to be

redistributed to the Fund for use in the current race meeting.

 
BOARD OF STEWARDS’ REFERRAL TO COMMISSION REGARDING
SUSPENSION AND FINE FOR RODNEY HARMON, OWNER/TRAINER

Background

Stewards’ Order 14-RP-001 reflected that Mr. Rodney Harmon waived his right to a
hearing and pled guilty to violations of OHRC Rules of Racing Rule 325:45-1-4, Drugs

or Medication, and Rule 325:35-1-5, Trainer Responsibility. The violations were based
on a horse under Mr. Harmon’s care and custody, DAHLGREN [sample number
R120970], testing positive post-race for Dermorphin, a prohibited substance.

Dermorphin is categorized by the Association of Racing Commissioners International,

Inc. [ARCI] as a Class 1 drug. The Board of Stewards ordered that the horse be

disqualified from Race #4 at Remington Park on May 13, 2012.

The Board of Stewards’ Order reflected that the parties entered into a plea agreement.

In exchange for waiving a hearing, pleading guilty, and agreeing to cooperate with the

Commission’s Law Enforcement Division, the Oklahoma Horse Racing Commission,

through its Counsel, Ms. Mary Ann Roberts, agreed to recommend that Mr. Harmon’s

occupation license be suspended and/or Mr. Harmon be made ineligible for licensing for

a period of five years, beginning November 18, 2013 through November 17, 2018, and

a fine of five thousand dollars [$5,000] be imposed. The penalty recommendation

exceeds the jurisdiction of the Board of Stewards to suspend or fine as established in

Rule 325:1-1-7, Jurisdiction of Stewards to Suspend or Fine. Therefore, the Board of

Stewards referred the matter to the Commission, pursuant to Rule 325:1-1-8, Referral to

the Commission, with the recommendation that Mr. Harmon be punished in accordance

with the terms of the plea agreement.

Current Consideration

Ms. Mary Ann Roberts, Commission Staff Attorney, asked the Commission to consider

the factors that would justify a lesser penalty than the Commission had imposed in other

Dermorphin cases. Mr. Harmon waived a right to a hearing and admitted his guilt. Mr.

Harmon met with the Commission Law Enforcement Division, was forthcoming and

admitted his guilt willingly. In Mr. Harmon’s case, there was only one Dermorphin

positive, unlike the other cases of Dermorphin positives. Among other things, Ms.

Roberts noted that Mr. Harmon cooperated with the Commission’s Law Enforcement

Division in its continued investigation regarding Dermorphin violations and that Mr.

Harmon had no medication violations of any kind since his original license in Oklahoma

in 1992.

Commissioner Harrell made a motion to take preliminary action to adopt the

recommendations of the Board of Stewards, that Mr. Harmon be suspended for five

years and fined $5,000, and instruct Commission Staff to draft a proposed Order to be

considered in continued deliberation at the Commission’s next meeting. Commissioner

Bollenbach seconded the motion. The vote was as follows:

Aye: Mr. Harrell, Mr. Bollenbach, Mr. Bowers, Mr. Burton, Ms. Goumaz,

Mr. Kirk, Mr. Lucas, Mr. Sanders, Mr. Leonard

The motion passed on a 7-0 vote.
quoted from here