Weekly Stewards and Commissions Rulings, Feb. 27 – Mar. 4

Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA)-related rulings from around the country.

Among this week's rulings, trainer Daniel Franko has been suspended seven days after his trainee, Misty's Cat, tested positive for caffeine, when winning at Golden Gate Fields on Dec. 1 last year. He was also fined $1,000. Caffeine is a Class B controlled substance under HISA. The case was resolved without a hearing.

 

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity and Welfare Unit's (HIWU) “pending” and “resolved” cases portals.

Resolved ADMC Violations

Resolution Date: 03/06/2024

Licensee: James Watkins, trainer

Penalty: 15-day period of Ineligibility for Covered Person, beginning on March 7, 2024; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points. Final decision by HIWU.

Explainer: For the presence of Xylazine-Controlled Medication (Class B)-in a sample taken from Dennis's Pride, who finished fifth at Fanduel Sportsbook and Horse Racing on 11/11/23. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/28/2024

Licensee: Michael Simone, trainer

Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Another Duke, who won at Tampa Bay on 1/28/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 02/29/2024

Licensee: Howard Love, trainer

Penalty: None. Equine controlled medication charges withdrawn.

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Slender Slipper on 2/3/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 02/29/2024

Licensee: Daniel Franko, trainer

Penalty: 7-day period of Ineligibility for Covered Person, beginning on March 1, 2024; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points. Admission.

Explainer: For the presence of Caffeine-Controlled Medication (Class B)-in a sample taken from Misty's Cat, who won at Golden Gate on 12/1/23. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations

Date: 12/27/2023

Licensee: George Arnold II, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Tramadol-Controlled Medication (Class B)-in a sample taken from Figgy, who won at Turfway Park on 12/27/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/28/2024

Licensee: Isidro Tamayo, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Silent Beauty on 1/28/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/16/2024

Licensee: Patrick Biancone, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Infinite Diamond. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/06/2024

Licensee: Patricia Farro, trainer

Penalty: Interim suspension

Alleged violation: Medication violation

Explainer: For the presence of Cobalt Salts-a banned substance-in a sample taken from Deplane, who won at Parx Racing on 2/6/23. This is a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 02/02/2024

Licensee: Brandon Kulp, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the potential breach of Rule 4221-Alkalinization or use/administration of an Alkalinizing Agent (TCO2)-on Me Darlin Kathleen, who won at Penn National on 2/2/2024. This is also a possible violation of Rule 3313-Use of a Controlled Method During the Race Period.

Date: 02/14/2024

Licensee: Jose D'Angelo, trainer

Penalty: Pending

Alleged violation: Vets' list medication violation

Explainer: For the presence of Omeprazole and Cimetidine-both Controlled Medications (Class C)-in a sample taken from Sun Azteca on 2/14/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/31/2024

Licensee: Jamie Ness, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the potential breach of Rule 4221-Alkalinization or use/administration of an Alkalinizing Agent (TCO2)-on Tops the Chart, who finished fourth at Parx Racing on 1/31/2024. This is also a possible violation of Rule 3313-Use of a Controlled Method During the Race Period.

Violations of Crop Rule

One important note: HISA's whip use limit is restricted to six strikes during a race.

Oaklawn Park

  • Joe Bealmear – violation date March 3; $250 fine, no further details
  • Rafael Jesus Bejarano – violation date March 2; $250 fine, no further details
  • Joe Bealmear – violation date March 1; $250 fine, no further details

Santa Anita

  • Tyler Baze – violation date March 1; $250 fine and one-day suspension, 7 strikes

Sunland Park

  • Larry Marquez – violation date Feb 29; $250 fine and one-day suspension

Tampa Bay Downs

  • Carlos Eduardo Rojas- violation date Feb 28; $250 fine and one-day suspension
OTHER KEY RULINGS

The TDN also 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: Santa Anita

Date: 03/01/2024

Licensee: Dale Brewer, owner

Explainer: Owner Dale Brewer, having satisfied a financial complaint filed by Farrier Kyle Baze for $750.00, is restored to good standing and California Horse Racing Board LATS Ruling #175 dated May 04, 2014, is set aside.

Track: Santa Anita

Date: 03/01/2024

Licensee: Armando Ayuso, jockey

Penalty: Three-day suspension

Violation: Careless riding

Explainer: Jockey Armando Ayuso, who rode Takes Three in the tenth race at Santa Anita Park on February 25, 2024, is suspended for 3 racing days (March 8, 9, and 10, 2024) for crossing over without sufficient clearance going into the first turn, causing interference resulting in the disqualification of his mount from first to second; a violation of California Horse Racing Board rule #1699 (Riding Rules-careless riding).

Track: Santa Anita

Date: 03/03/2024

Licensee: Debbie Winick, trainer

Penalty: $500 fine

Violation: Prohibited use of an electro-magnetic blanket on race day

Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2271 (Prohibited Practices) Trainer Debbie Winick, who was scheduled to run Ghostly Act in the fourth race at Santa Anita Park on January 26, 2024, is fined $500.00 for prohibited use of an electro-magnetic blanket on race day, necessitating a late declaration.

 

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Weekly Stewards and Commissions Rulings, Oct 17-23

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.

The TDN also posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These include decisions from around the country.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity & Welfare Unit's “pending” and “resolved” cases portals.

Resolved ADMC Violations

Date: 09/26/2023
Licensee: William Cowans, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission of ECM Rule Violation and Acceptance of Consequences.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Dream Keeper. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 09/26/2023
Licensee: William Cowans, trainer
Penalty: Treated as 1 violation with Dream Keeper under 9/8/23 HISA Guidance. Admission of ECM Rule Violation and Acceptance of Consequences
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Secretary of War. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 08/20/2023
Licensee: Randi Persaud, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Final Decision by HIWU.
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Jumpster. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/12/2023
Licensee: Leslye Bouchard, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission of ECM Rule Violation and Acceptance of Consequences.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Tomarie. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 06/24/2023
Licensee: Javier Morzan, trainer
Penalty: None. EAD Charge Withdrawn
Explainer: For the presence of Metformin—a banned substance—in a sample taken from Lady Liv, who finished third at Delaware Park on 6/24/23. This was a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/11/2023
Licensee: Guadalupe Munoz Elizondo, trainer
Penalty: None. EAD Charge Withdrawn
Explainer: For the presence of Metformin—a banned substance—in a sample taken from Quinton's Charmer on 6/11/23. This was a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Read more on the withdrawn charges against Elizondo and Morzan here.

Pending ADMC Violations

Date: 09/24/2023
Licensee: Manuel Badilla, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Dexamethasone—Controlled Medications (Class C)—in a sample taken from Regal Redwood, who finished third at Golden Gate on 9/24/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/29/2023
Licensee: Kevin Fletcher, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Caffeine—Controlled Medications (Class B)—in a sample taken from Ruby Layne. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/11/2023
Licensee: Cathal Lynch, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Flunixin—Controlled Medications (Class C)—in a sample taken from Saloon, who finished second at Laurel Park on 8/11/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/28/2023
Licensee: John Pimental, veterinarian
Penalty: Provisional Suspension
Alleged violation: Possession of banned substances
Explainer: For the possible possession of Levothyroxine (Thyro-L). This is a possible violation of Rule 3214(a)—Possession of Banned Substances

Date: 05/29/2023
Licensee: John Pimental, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methamphetamine—a banned substance—in a sample taken from Golovkin, who finished sixth at Monmouth Park on 5/29/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Read more on Pimental's story here.

Violations of Crop Rule

One important note: HISA's whip use limit is restricted to six strikes during a race.

Golden Gate Fields
Santos Rivera – violation date Oct 22; $250 fine, one-day suspension

Delaware Park
Hugh H Robertson – violation date Oct 18; $3,200 Purse forfeiture but no further records of the ruling
Eduardo Gallardo – violation date Oct 18; $500 fine, 10-day suspension
Augusto Ali Marin – violation date Oct 20; $500 fine, $550 purse forfeiture, three-day suspension
Karla Marie Dejesus – violation date Oct 20; $540 purse forfeiture but no further records of the ruling

Horseshoe Indianapolis
Tyler Jake Heard – violation date Oct 19; $100 fine but no further records of the ruling

Mahoming Valley Race Course
Fernando Salazar Becerra – violation date Oct 21; $250 fine, one-day suspension

Santa Anita Park
Jose Leonardo Verenzuela – violation date Oct 20; $250 fine, one-day suspension
Kent Desormeaux – violation date Oct 20; $250 fine, one-day suspension

OTHER KEY RULINGS

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.

California

Track: Santa Anita
Date: 10/21/2023
Licensee: Antonio Fresu, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Antonio Fresu, who rode Kitzkaty in the ninth race at Santa Anita Park on October 20, 2023, is suspended for 3 racing days (October 28, 29 and November 2, 2023) for altering course without sufficient clearance in the stretch, causing interference resulting in the disqualification of his mount from second to eighth; a violation of California Horse Racing Board rule #1699 (Riding Rules – careless riding).

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Weekly Stewards and Commissions Rulings, May 23-29

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.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, 2022, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

California

Track: Santa Anita

Date: 05/26/2023

Licensee: Armando Aguilar, apprentice jockey

Penalty: Four-day suspension

Violation: Careless riding

Explainer: Having received notice from the California Horse Racing Board that the appeal of LATS Ruling #59 (May 7, 2023) has been withdrawn, the original ruling is reinstated.  Apprentice Jockey Armando Aguilar is suspended for 4 racing days (May 27, 28, 29 & June 2, 2023).

Track: Santa Anita

Date: 05/26/2023

Licensee: George Papaprodromou, trainer

Penalty: $500 fine

Violation: Out-of-competition medication violation

Explainer: Trainer George Papaprodromou, who worked the horse The Slap at Santa Anita Park on February 19, 2023, is fined $500.00 and assessed one half (1/2) point in accordance with California Horse Racing Rule #1843.4 (Multiple Medication Violations – Expires 5/26/24) pursuant to California Horse Racing Board Rule #1887 (Trainer or Owner to Insure Condition of Horse) for violation of California Horse Racing Board Rule #1868 (Authorization Medication During Workouts) and Rule #1843.1 (b) (Prohibited Drug Substances – Phenylbutazone [Class 4].

New York

Track: Belmont Park

Date: 05/25/2023

Licensee: Steven Lascher, racing official

Penalty: $8,000 fine

Violation: Failure to administer lasix

Explainer: Official Dr. Steven Lascher is hereby fined the sum of $8,000 for failing to follow proper lasix procedures, necessitating the scratches of horses racing in the 3rd race on May 19th 2023 at Belmont Park.

For more on the story, read here.

Track: Belmont Park

Date: 05/25/2023

Licensee: Christopher Carmac, racing official

Penalty: $2,000 fine

Violation: Unauthorized participation of horse

Explainer: Mr. Christopher Camac is hereby fined the sum of $2,000 for allowing the unauthorized participation of horse (Georgie's Ladies) on January 8th 2022 race 9, March 12th 2023 race 9, March 24th 2023 race 3 and April 16th 2023 race 9.

Track: Belmont Park

Date: 05/26/2023

Licensee: Rob Atras, trainer

Penalty: Ten-day suspension, $1,000 fine

Violation: Medication violation

Explainer: Mr. Rob Atras as responsible trainer under 9 NYCRR 4043.4(a), violated commission rules in that Mr. Rob Atras trained horse “Market Alert” , that finished 4th in race 7 at Aqueduct Racetrack on February 20th 2023, and having received a report from the New York Drug Testing and Research Program that a race-day sample taken from the horse “Market Alert” had the substance Phenylbutazone present at a concentration, including an assessment of the measurement and imprecision of the quantitative threshold, in excess of the quantitative threshold, in excess of 0.3 mcg/ml in plasma in violation of 9 NYCRR 4043.4 (a) 26. Having waived the right to request a hearing , Mr. Rob Atras is suspended 10 Calandar days effective Sunday June 11th 2023 through June 20th 2023 inclusive, and fined the sum of one thousand ($1,000) dollars.

Furthermore, “Market Alert” is disqualified from any part of the purse and the Stewards order the purse redistributed as follows:

  1. #5 Bourbon Calling
  2. #4 King Kumbalay
  3. #6 Practical Coach
  4. #2 Chestertown
  5. #1 Lobsta
  6. #7 No Burn

During this period of suspension, Mr. Rob Atras shall not directly nor indirectly participate in New York State pari-mutuel horse racing, is denied privileges and use of the grounds of New York State racetracks, and is forbidden to participate in any share of purses. In addition, every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State that is (A) owned or trained by Mr. Rob Atras, or by any individual who serves as Mr. Rob Atras agent or employee during this period of suspension; or (B) for which Mr. Rob Atras is directly or indirectly involved in training during this period of suspension, including any arrangements to care for, train, enter in a race, race, invoice, collect fees or other payments related to, manage funds, employ and / or insure workers, provide advice or other information, or otherwise handle or assist with any aspect of the training of such horses.

NEW HISA STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal, except for the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

One important note: HISA's whip use limit is restricted to six strikes during a race.

Violations of Crop Rule

Delaware Park

Xavier Perez Rivera – violation date May 25; $250 fine and one-day suspension, 9 strikes

John Paul Hiraldo – violation date May 25; $250 fine and one-day suspension, 7 strikes

Thistledown

Juan Valez – violation date May 23; $250 fine and one-day suspension, 1-3 strikes over the limit

Santa Anita

Antonio Fresu – violation date May 27; $250 fine and one-day suspension, 7 strikes

Hector Berrios – violation date May 28; $584 fine and one-day suspension, 7 strikes

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Weekly Stewards and Commissions Rulings, Jan. 31-Feb. 6

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.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

California

Track: Santa Anita

Date: 02/03/2023

Licensee: Eoin Harty

Penalty: $3,000 fine

Violation: Out-of-competition joint injection violation

Explainer: Trainer Eoin Harty, who trains the horse El Joy, is fined $3,000.00 for violation of California Horse Racing Board rule #1866.3(c)(e) (Intra-articular Injections Restricted – treatment within 10 days of workout).

Harty told the TDN he will be appealing the ruling for various reasons, including for a career training record absent any prior medication violations (this is confirmed in the Thoroughbred Rulings website).

New York

Track: Aqueduct

Date: 02/02/2023

Licensee: Suzanne Zelman, racing official/official veterinarian

Penalty: $1,000 fine

Violation: Lasix administration violation

Explainer: You are hereby fined the sum of one thousand ($1,000) dollars for failing to tend to business in a proper manner necessitating the scratch of horse “Bustinupishardtodo” (# 8) from the eighth race at Aqueduct Racetrack on January 27th 2023.

According to New York Racing Association (NYRA) spokesperson Pat McKenna, the fine was for a failure to administer Lasix to the horse in question resulting in a mandatory scratch.

Kentucky

Track: Turfway Park

Date: 02/01/2023

Licensee: Eric Reed, trainer

Penalty: Five-day suspension, $1,000 fine

Violation: Medication violation

Explainer: Upon receipt of notification from The University of Kentucky Equine Analytical Chemistry Laboratory, the official testing laboratory for the Kentucky Horse Racing Commission, sample number R005087 taken from Golden Text, who finished first in the fourth race at Turfway Park on January 19, 2023 contained phenylbutazone at a level of 0.62 mcg/ml in blood (Class C) (2nd offense in 365 days). After waiving his right to a formal hearing before the Board of Stewards, Eric Reed is hereby suspended 5 days, February 10, 2023 through February 14, 2023 (inclusive) and fined $1,000.

Read more about the story here.

NEW HISA STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal, except for the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

One important note: HISA's whip use limit is restricted to six strikes during a race.

Violations of Crop Rule

Aqueduct

∙              Gokhan Kocakaya – violation date January 29; $250 fine and one-day suspension, 8 strikes

Gulfstream Park

∙              Edgar Perez – violation date January 29; $250 fine and one-day suspension, 7 strikes

Mahoning Valley Racecourse

∙              Juan Gabriel Lagunes – violation date January 31; $250 fine and one-day suspension, 9 strikes

Oaklawn Park

  • Kelsi Harr – violation date January 29; $250 fine, striking mount on the flank during the fifth race on January 29, 2023.
  • Calvin Borel – violation date January 29; $250 fine and one-day suspension, 7 strikes
  • Ramsey Zimmerman – violation date January 29; $250 fine, three strikes in succession
  • Gabriel Saez – violation date February 3; $250 fine and one-day suspension, 7 strikes, on appeal and stay granted
  • Kelsi Harr – violation date February 4; $250 fine, striking mount on the flank during the second race on February 4, 2023.
  • Eduardo Gallardo – violation date February 4; $250 fine and one-day suspension, 9 strikes
  • Florent Geroux – violation date February 4; $250 fine, raising wrist above helmet when using crop

Penn National

  • Yomar Ortiz – violation date February 1; $500 fine and three-day suspension, misuse of the crop

Santa Anita

  • Mario Gutierrez – violation date January 28; $250 fine and one-day suspension, 7 strikes

Tampa Bay Downs

  • Jose Luis Alonso – violation date February 1; $250 fine and one-day suspension, 8 strikes
  • Carlos Eduardo Rojas – violation date February 3; $250 fine and one-day suspension, 7 strikes, on appeal and stay granted
  • Carlos Eduardo Rojas – violation date February 4; 15-day suspension, “Jockey Carlos E. Rojas (P 000-026-197) has accumulated a total of 26 points for violation of HISA Rule 2280 (bl, (1). Nine of the points are under appeal and a stay has been granted, so the total points are reduced to 17 points.”

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