Maryland Racing Commission | Horse Racing Free Tips

Judge’s Ruling Condemns Maryland Commission’s Hearing Procedures

Howard County Circuit Court Senior Judge Lenore Gelfman released a ruling on Feb. 9 that condemned the Maryland Racing Commission's hearing procedures over a lack of due process, the right to a fair and impartial hearing, reports The Racing Biz.

The case before Judge Gelfman was that of the Jan. 18, 2020 Geisha Stakes at Laurel, in which the winner, Artful Splatter, veered out into the path of the oncoming Anna's Bandit, who finished second. Stewards ruled no change in the order of finish, and Jerry Robb, trainer and co-owner of Anna's Bandit, appealed that decision with the MRC.

A hearing was held on Feb. 27, 2020, in which the commission upheld the stewards' decision. Robb's attorney, Lorraine Lawrence-Whittaker, filed an appeal with the circuit court alleging that the MRC hearing was flawed.

Judge Gelfman concluded that “the hearing before the MRC did not adequately protect Petitioner against the deprivation of one of his most essential and foundational rights,” that of due process.

Both the petitioner and the stewards are represented by counsel in these hearings, as is the Maryland Racing Commission. However, Judge Gelfman found issue with the fact that the MRC's counsel, Eric London, has also been presiding over the hearings.

“This court notes that Counsel for the MRC interjected himself repeatedly, leading to the conclusion that he, not the MRC, was the decision-maker,” Judge Gelfman wrote. “Counsel's participation and manner in the hearing deprived Petitioner of due process,” she said.

As for Robb's case, that has been remanded to the MRC for a new hearing.

The Racing Biz reports that the first hearing since the court's ruling was held on Feb. 25, and MRC chairman Emmet Davitt presided.

No Lasix in Maryland’s Graded Stakes Starting in 2021

The Maryland Racing Commission (MRC) voted unanimously Wednesday to expand a race-day Lasix ban that began this year with 2-year-olds to include horses of any age competing in graded stakes starting in 2021.

“A few months ago, the commission passed an emergency regulation restricting Lasix to any horse that’s two years old for the next three years, as part of [a negotiated] agreement between the HBPA and The Stronach Group,” J. Michael Hopkins, the MRC’s executive director, explained prior to the vote during the Dec. 2 teleconference meeting.

“Moving forward, it also included graded stakes races beginning in calendar year 2021,” Hopkins said. “What this regulation does is extend that restriction for 2-year-olds to include any horse [of any age] running in a graded stakes going forward in accordance with that agreement.”

Prior to the vote, commissioner David Hayden, who has bred Thoroughbreds at Dark Hollow Farm near Baltimore for three-plus decades, asked for a clarification on the current Lasix rule for 2-year-olds. He wanted to know if the current crop of juveniles who have been racing without Lasix this season will be able to receive it in Maryland once they turn three Jan. 1.

Hopkins confirmed that yes, the current crop of juveniles will be permitted Lasix in less than a month after starting their Maryland careers without it.

“That doesn’t make any sense,” Hayden replied. “But, what do I know?”

The MRC unanimously approved two other rule changes during Wednesday’s meeting.

The first tweaked the existing regulation on shock wave therapy. Currently, Hopkins explained, horses can’t race in Maryland for 10 days after receiving that treatment. The revised version of the rule now prohibits shock-waved horses from working out on the track during that same 10-day post-treatment window.

Another rule change will require trainers and assistants to affirm that they have participated in four hours of continuing education programming prior to being granted a license. Although this rule doesn’t take effect until Jan. 1, 2022, the coursework itself must be completed during calendar year 2021.

The MRC also proposed a new rule, based on recent discussions with horse people and track officials, to extend the right for a new owner to void a claim if the state veterinarian observes that a claimed horse is lame while cooling out in the test barn up to one hour after a race.

Although this rule still has to be published in the state register and go through a public commentary phase before it can be voted in for good, Hopkins suggested that commissioners adopt it as an emergency regulation simultaneous to that process, “to move it forward in a more expeditious manner.” Thus, it takes effect right away.

Sal Sinatra, the president of the Maryland Jockey Club, which owns Laurel Park and Pimlico Race Course, gave commissioners a brief update on the grass course at Laurel.

“We’re putting our turf course to bed,” Sinatra said. “We have some sand coming in next week; we have a deep drill-and-fill process that’s going to happen the week after on the turn. It doesn’t drain. We’ve reached out to some consultants [and] a company from Virginia is coming to dig down about 12 to 18 inches to put some sand in that turn to help with drainage. Just preparing [for next season] as we move forward.”

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Timonium’s 10-Day Meet Could Extend Beyond Maryland State Fair in ’21

The Timonium race meet that got scrapped because of the pandemic this summer could to be back in action in 2021. The Maryland Racing Commission approved a 10-date slate for next year at its Oct. 22 meeting, with a new wrinkle to the schedule.

“One thing that is a little different here, they’re also requesting, in addition to the seven days they normally would run during the state fair, [permission to operate Sept.] 10th, 11th and 12, which is a weekend after the fair is closed,” J. Michael Hopkins, the MRC’s executive director, said prior to the unanimous vote. “It is the first time they have done that that I can recall.”

Hopkins added that Timonium has had clearance to race

10 dates in the past in conjunction with the Maryland State Fair. But in recent seasons the applicant has only scheduled seven programs, all while the fair is operational at the same property.

Hopkins said it was his belief there would be no overlap with Laurel Park, whose meet traditionally follows the fair’s short season.

“They’re having the discussions with the Maryland Jockey Club [which owns Laurel] where scheduling is concerned,” Hopkins said. “[The two racetracks] preliminarily are in agreement with all of this. Secondarily, the purpose of this [vote] is to get the dates approved, and if there are any adjustments going forward we can come back and revisit them.”

A full calendar of 2021 Thoroughbred dates was unanimously approved for Laurel, Pimlico Race Course, and Timonium on Thursday. But the specific dates of all the individual meets were not read into the record, and it was unclear whether they had even been assigned. Via email, TDN subsequently requested the full calendar from Hopkins, but that query did not yield a reply prior to deadline for this story.

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Due To Testing Delays, Maryland To Implement Expedited Purse Release Program On Nov. 1

Several years ago the Maryland Thoroughbred Horsemen's Association, in cooperation with the Maryland Jockey Club, instituted an Expedited Purse Release Program to allow for our owners to get purses earned on an expedited basis and before drug test results had been returned to the Maryland Racing Commission by the commission's testing laboratory.

The program required that interested owners sign an agreement that obligated the owner to repay and affected purse money paid that became the subject of a positive drug test.

In light of significant test result delays that are being caused by COVID-19 and other factors beyond the control of the MRC, the MTHA and MJC have determined to implement the program automatically Nov. 1 as to all overnight races, unless an owner determines to opt out of the program. Purse money will be released 72 hours after a race, pursuant to MRC regulations.

If an owner has received purse money earned before the test results are received and a positive test is reported, the owner will be required to return such purse money to the Maryland Thoroughbred Purse Account. Failure to do so can result in suspension of the owner's license until the funds are repaid.

Owners can opt out of the program and await payment of a purse earned once the test results are received. To opt out, an owner must notify the MTHA or MJC in writing.

The MTHA hopes that this change will benefit our racing community and not subject our owners to unnecessary delays in getting their purse earnings.

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