California Horse Racing Board | Horse Racing Free Tips

Weekly Rulings: June 28-July 3

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.
Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

CALIFORNIA
Track: Los Alamitos
Date: 07/01/2022
Licensee: Diego Herrera, jockey
Penalty: $1,000 fine
Violation: Excessive use of the whip
Explainer: Jockey Diego Herrera is fined $1,000.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop – more than six times – third offense in the last sixty days) during the fifth race at Los Alamitos Race Course on June 26, 2022.

Track: Los Alamitos
Date: 07/01/2022
Licensee: Randal Gindi, owner
Penalty: Restoration of good standing
Violation: N/A
Explainer: Owner Randal Gindi (dba Monster Racing) having satisfied a financial complaint filed by Bob Hubbard Horse Transport for $1,180.00, is restored to good standing and California Horse Racing Board ruling LAFL Ruling #06 is set aside.

Track: Los Alamitos
Date: 07/02/2022
Licensee: Edgar Payeras, jockey
Penalty: One day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Edgar Payeras, who rode Bob's Sniper in the first race at Los Alamitos Race Course on July 1, 2022, is suspended for 1 day (July 9, 2022), and fined $250.00 for one (1) strike over the limit. Furthermore, Jockey Edgar Payeras is assigned three (3) violation points that will be expunged on January 2, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties).

Track: Los Alamitos
Date: 07/02/2022
Licensee: Erick Garcia, jockey
Penalty: One day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Erick Garcia, who rode Fun Coupons in the third race at Los Alamitos Race Course on July 1, 2022, is suspended for 1 day (July 9, 2022), and fined $250.00 for one (1) strike over the limit. Furthermore, Jockey Erick Garcia is assigned three (3) violation points that will be expunged on January 2, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties).

Track: Los Alamitos
Date: 07/02/2022
Licensee: James Marsden, owner
Penalty: Restoration of good standing
Violation: N/A
Explainer: Owner James Marsden having satisfied a financial complaint filed by Steven Cole Ranch for $4,893.33, is restored to good standing and California Horse Racing Board ruling LATS Ruling #10 dated January 12, 2020, is set aside.

Track: Los Alamitos
Date: 07/03/2022
Licensee: Abdul Alsagoor, jockey
Penalty: One day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Apprentice Jockey Abdul Alsagoor, who rode Stanford North in the fourth race at Los Alamitos Race Course on July 2, 2022, is suspended for 1 day (July 10, 2022), and fined $250.00 for one (1) strike over the limit. Furthermore, Apprentice Jockey Abdul Alsagoor is assigned three (3) violation points that will be expunged on January 3, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties).

Track: Los Alamitos
Date: 07/03/2022
Licensee: Francisco Orduna-Rojas, jockey
Penalty: One day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Francisco Orduna-Rojas, who rode Rawhide Rawlins in the third race at Los Alamitos Race Course on July 2, 2022, is suspended for 1 day (July 10, 2022), and fined $250.00 for one (1) strike over the limit. Furthermore, Jockey Francisco Orduna-Rojas is assigned three (3) violation points that will be expunged on January 3, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties).

Track: Los Alamitos
Date: 07/04/2022
Licensee: Diego Herrera, jockey
Penalty: One day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Diego Herrera, who rode Wizard of Westwood in the seventh race at Los Alamitos Race Course on July 3, 2022, is suspended for 1 day (July 22, 2022), and fined $250.00 for one (1) strike over the limit. Furthermore, Jockey Diego Herrera is assigned three (3) violation points that will be expunged on January 4, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties).

Track: Los Alamitos
Date: 07/04/2022
Licensee: Ricardo Ramirez, jockey
Penalty: One day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Apprentice Jockey Ricardo Ramirez, who rode It's My House in the eighth race at Los Alamitos Race Course on July 3, 2022, is suspended for ONE (1) day (July 22, 2022), and fined $250.00 for one (1) strike over the limit. Furthermore, Apprentice Jockey Ricardo Ramirez is assigned three (3) violation points that will be expunged on January 4, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties).

KENTUCKY
Track: Churchill Downs
Date: 07/02/2022
Licensee: Chel-c Bailey, jockey
Penalty: $500 fine
Violation: Excessive use of the whip
Explainer: After a hearing before the Board of Stewards, Chel-c Bailey, who rode Pats Property in the seventh race at Churchill Downs on June 30, 2022 was found to have violated the crop regulation. This being her first offense, Ms. Bailey was given the option and chose to pay a fine. Chel-c Bailey is hereby fined $500 for her improper use of the crop by exceeding the allowable use in the overhand manner.

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Peter Miller Fined, Suspended for Alleged Program Training

Trainer Peter Miller has been fined $10,000 and suspended seven days by the Santa Anita Park stewards for violating the California Horse Racing Board's rule against program training. The ruling was made pursuant to a stipulated agreement and mutual release with the CHRB.

As previously reported, the CHRB filed a complaint earlier this week alleging that Miller remained involved in the daily training of horses after they had been turned over to and listed under the name of his former assistant Ruben Alvarado. Alvarado was named in a related complaint, but a ruling was only posted against Miller on the CHRB site as of Saturday evening.

Miller announced last fall that he was taking a “temporary hiatus” from training for what he claimed was to spend “more time with my family, focus on overall health and wellness, and pursue other interests.” Speculation ensued that Miller was actually stepping away due to scrutiny he had received for a series of five catastrophic injuries among his horses in 2021. Miller denied such claims.

Former Miller trainees began running in Alvarado's name in early December, but the CHRB alleges that Miller “engaged in behavior consistent with the duties of a trainer at the San Luis Rey Training Center with horses in the barn of Ruben Alvarado” from Dec. 23, 2021 to Mar. 24, 2022.

Miller made his return as a listed trainer at Churchill Downs May 29, and has reportedly been gearing up for a return at the upcoming Los Alamitos and Del Mar meets in California.

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CHRB Charges That Miller Was Actively Training During His Hiatus

The California Horse Racing Board (CHRB) has filed a complaint against trainer Peter Miller, alleging that he was involved in the daily training of horses after they had been turned over to and put under the name of his former assistant Ruben Alvarado.

Alvarado has also been charged in a separate complaint involving the same allegations.

In November, Miller announced that he was taking a “temporary hiatus” from training to spend “more time with my family, focus on overall health and wellness, and pursue other interests.” The announcement created speculation that Miller was stepping away because he had come under scrutiny for having five horses die under his care due to catastrophic injuries in 2021. But Miller insisted that his decision to stop training had nothing to do with any factors other than his feeling that he needed time away from the sport.

Miller made his last start in 2021 on Nov. 28. The majority of his stable was then placed under Alvarado's name and Alvarado made his debut as a head trainer Dec. 3.

The CHRB is now charging that Miller never fully stepped away. According to the complaint, between Dec. 23, 2021 and Mar. 24, 2022 Miller “engaged in behavior consistent with the duties of a trainer at the San Luis Rey Training Center with horses in the barn of Ruben Alvarado.” The CHRB has charged that Miller entered horses, conducted endoscopy exams, gave instructions to riders, examined horses, consulted with veterinarians, controlled and accessed bank accounts belonging to Alvarado Racing Stables, assigned jockeys and created training charts.

In the complaint issued against Alvarado, the CHRB wrote that Alvarado acknowledged that he was aware that Miller had continued to handle many of the training duties regarding the running of stable. It was also noted in the complaint that Alvarado did not set up a stable bank account independent of Miller, which was required per the Stewards's direction.

The complaint was issued May 23. Miller has been notified to appear before the stewards at Los Alamitos June 20. Alvarado's hearing in set for July 18 at Los Alamitos. Should the stewards rule that Alvarado and/or Miller did in fact conspire to allow Miller to train behind the scenes, it is not clear what the penalty might be. However, the complaint acknowledges that the stewards are empowered to impose a number of penalties, including a suspension of that person's license.

Miller did not respond to a text seeking comment Wednesday.

Last week, Miller entered a horse under his own name at Churchill Downs and said he was ready to return to training. The horse, Respect the Code (Honor Code), finished sixth in a May 29 allowance at Churchill. Miller said that Respect the Code was the only horse he had in Kentucky and that his main focus upon his comeback would be the upcoming Los Alamitos and Del Mar meets in California. 1/ST Racing has said little about Miller's status at Santa Anita. Alvarado has horses entered at Santa Anita on Friday and Saturday. Alvarado has compiled a record of 23 for 134 (17%) and won this year's GIII Las Cienegas S.

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Mandatory Jockey Breeding Rights Discussed at CHRB Meeting

The California Horse Racing Board's Jockey and Driver Welfare Committee held a relatively rare meeting Wednesday in Sacramento to discuss several items, including a novel and somewhat controversial proposal to require the granting of a one-time breeding right or season to the winning rider of a future stallion that wins certain California graded stakes.

As the CHRB's meeting package points out, owners have typically given a stallion share to the regular rider and trainer of horses that retire to stud. But that voluntary practice “has evolved, some would say eroded, over time and now often includes a single season breeding right,” wrote the CHRB.

The proposal currently has little in the way of specifics, such as which graded stakes such a program would encompass. Nevertheless, during the meeting, further flesh was put to the bones of the reasons spurring the idea.

CHRB executive director Scott Chaney explained how, because of a recent spate of high-profile jockeys leaving California for supposedly greener pastures, it's important “we explore ways in which we can retain jockeys.”

Continuing along that theme, CHRB vice chairman, Oscar Gonzales, argued that California's historically strong jockey colony has been a mainstay of the state's racing industry.

However, “things are changing quite a bit,” he said, pointing to fast-evolving betting tastes. And so, the proposal “is worthy of a hard look at what we could be doing.”

Furthermore, “anybody who thinks jockeys are well compensated for what they do are well off the mark,” said Gonzales, breaking down the way in which jockey fees are carved up among agents and others, and the lack of uniform retirement plan for riders.

Using an annual book of 140 mares as a baseline threshold, “I believe asking for a one-time breeding right, not a lifetime breeding right, but just a one-time breeding right for a graded stakes win is not too much to ask,” said Gonzales.

The two other commissioners present at the meeting, Damascus Castellanos and Thomas Hudnut, both expressed reservations about the proposal.

“I like the idea of wanting to do something for the riders,” said Hudnut. “I'm not sure that this is the best way to do that.”

Hudnut explained that he would have a “hard time” requiring that owners to grant breeding rights–“which are somebody's property”–to a jockey, and that a thorough legal analysis first be done to understand the legal feasibility of such a mandate.

He also raised the issue of riders flying into California on a temporary basis to ride in graded stakes. “I wonder what giving Irad Ortiz breeding rights would mean to him,” he said, raising the issue of potentially limiting such a mandate to California-

based jockeys.

In response to Hudnut's comments, Chaney admitted that the proposal has yet to undergo a full legal analysis

The committee ultimately decided to discuss the idea further before potentially sending a more complete proposal before the full racing board. The process to implement such a proposal would have to go through a public comment period before the full board could take a formal vote on it.

Earlier in the meeting, the committee discussed plans to plug a glaring gap in California's jockey safety net–the lack of regulations governing jockey concussion protocols.

As part of the safety component of the Horseracing Integrity and Safety Act (HISA), all tracks are required to have in place jockey concussion protocols come July 1 encompassing both a baseline concussion test and a concussion management program.

The meeting packet included a detailed rider concussion program as laid out by the Jockeys' Guild.

Due to the speed with which such protocols must be adopted, Chaney explained ways in which a jockey concussion protocol could be fast-tracked through the regulatory process.

“I think this is an example of something we could do through a protocol, as it's required by HISA. It doesn't have to be regulatory, which would speed the process,” said Chaney, who suggested bringing the issue to the full board in June, giving the committee more time to evaluate the Jockeys' Guild's plan.

Other agenda items included a proposal to reduce the weight allowance given to new apprentices from 10 pounds to seven, except in stakes races and handicaps.

In relation to that proposal, the committee discussed the feasibility of raising the minimum weight from 112 pounds to 114 pounds, and to reduce the maximum amount of overweight from seven pounds to five.

Both items will now go before the full racing board at some point in the future.

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