OKLAHOMA HORSE RACING COMMISSION REGULARLY SCHEDULED MEETING JANUARY 12, 2017 MINUTES

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1 OKLAHOMA HORSE RACING COMMISSION REGULARLY SCHEDULED MEETING JANUARY 12, 2017 CALL TO ORDER/ROLL CALL Chairman Leonard called the of the Commission to order at 9:33 a.m. in the Board Room of the Department of Agriculture, Food and Forestry, Oklahoma City, Oklahoma. Commission members answering roll call were Commissioners Bollenbach, Goumaz, Kirk, Lucas, Marcum, Sanders and Chairman Leonard. Commissioner Harrell was unable to attend the meeting. The following Commission staff members were in attendance: Mr. Kelly Cathey, Ms. Shonna Gore, Ms. Mandy Hadley, Mr. Pete Markstone, Mr. Mike Corey and Ms. Bonnie Morris. Approximately twelve people attended and signed the registry which is part of the record. Commissioner Kirk made a motion to approve the drafted Minutes of the November 17, 2016 as presented. Commissioner Goumaz seconded the motion. The vote was recorded as follows: Aye: Mr. Kirk, Ms. Goumaz, Mr. Bollenbach, Mr. Lucas, Mr. Leonard Abstain: Mr. Marcum, Mr. Sanders The motion passed on a vote. POSSIBLE FINAL ACTION ON PROPOSED RULE AMENDMENTS TO FIVE RACING RULES Background At the October 20, 2016 meeting, the Commission approved opening the permanent rulemaking process to consider proposed amendments in the following chapters: Chapter 1, Commission Powers and Jurisdiction OAC 325:1-1-7, Jurisdiction of Stewards to Suspend or Fine

2 Chapter 45, Medication and Equine Testing Procedures OAC 325: , Drug Classification and Penalties Chapter 50, Human Substance Abuse Testing OAC 325: , Prohibited Licensee Activities/Substance Abuse Testing Procedures/Assessment/Treatment/Penalties Chapter 75, Oklahoma-Bred Program OAC 325:75-1-3, Definition of Accredited Oklahoma-Bred Thoroughbred OAC 325: , Expenditure of Oklahoma Breeding Development Fund Special Account Monies for the Purpose of Caring for Retired and Unwanted Oklahoma-Bred Racing Stock The Notice of Rulemaking Intent was published in the December 1, 2016 issue of The Oklahoma Register. The Public Hearing was held January 5, Current Consideration Mr. Bennett Abbott, Deputy General Counsel at the Department of Agriculture, Food and Forestry, advised the Commission that no comments were received at the Public Hearing. Commissioner Lucas made a motion to adopt the proposed rule amendments to the five cited racing rules through the permanent rulemaking process. Commissioner Goumaz seconded the motion. The vote was recorded as follows: Aye: Mr. Lucas, Ms. Goumaz, Mr. Bollenbach, Mr. Kirk, Mr. Marcum, Mr. Sanders, Mr. Leonard The motion passed on a 7-0 vote. CONTINUED DELIBERATIONS IN APPEALS OF CLINTON TYLER CRAWFORD, TRAINER, REGARDING HORSES, DYNAMITE 123 AND UNFORGETABLE JODY Background Mr. Clinton Tyler Crawford, Trainer, appealed Stewards Orders 16-WRD-48 and 16- WRD-052 which found him in violation of OAC 325:35-1-5, Trainer Responsibility, and 2

3 OAC 325:45-1-4, Drugs or Medication, for the following two horses that raced at Will Rogers Downs testing positive for Carbazochrome, a prohibited substance: HORSE RACE DATE & PLACEMENT STEWARDS ORDER Dynamite rd Race, 9/26/15, First Place 16-WRD-052 Unforgetable Jody 7 th Race, 10/2/15, First Place 16-WRD-048 In each case, Mr. Crawford was fined $1,500 and the horse was disqualified from first place to unplaced. On October 24, 2016, Mr. Crawford filed appeals of both Stewards Orders and requested a Temporary Stay of the sanction in the order. On October 25, 2016, the Commission, in its Orders 2016-OHRC-011 and 2016-OHRC-012, issued Temporary Stays on both Appeals. At its November 17, 2016 meeting, at the request of Mr. Bennett Abbott, Counsel for the Board of Stewards at Will Rogers Downs, and with agreement of Mr. Clark Brewster, Counsel for Mr. Crawford, the Commission conducted a combined Appeal Hearing. After hearing arguments from both attorneys, the Commission deliberated in Executive Session and, upon returning to Open Session, took preliminary action to affirm the Stewards Orders and direct Commission Staff to draft an Order with Findings of Fact and Conclusions of Law for continued deliberations at the meeting. Current Consideration The drafted Commission Order was distributed to the Commissioners before the meeting for their review. Commissioner Goumaz made a motion to adopt the drafted Order on Mr. Crawford s Appeals, which affirmed Stewards Orders 16-WRD-048 and 16-WRD-052. Commissioner Lucas seconded the motion. The vote was recorded as follows: Aye: Ms. Goumaz, Mr. Lucas, Mr. Bollenbach, Mr. Kirk, Mr. Marcum, Mr. Sanders, Mr. Leonard The motion passed on a 7-0 vote. 3

4 REPORTS Chairman Leonard reported that meetings will be scheduled for the Ad Hoc Committee on Oklahoma-Bred/Oklahoma Thoroughbred Retirement Program and the Ad Hoc Committee on Rules and Medication. Commissioner Sanders, as Chair of the Ad Hoc Committee on Budget and Finance, Technology and Facilities, reported that the Commission requested the same budgetary proposal as last fiscal year. Chairman Leonard stated that the Commission will attend a House Committee meeting on January 25, 2017 regarding the agency FY-2018 budget request. ANY MATTER NOT KNOWN ABOUT OR WHICH COULD NOT HAVE BEEN REASONABLY FORESEEN PRIOR TO POSTING THE AGENDA There was no such matter. ANNOUNCEMENTS Chairman Leonard made the following announcements: 1. A Public Hearing is scheduled for Friday, February 17, 2017, for proposed rule amendments to the following two racing rules: Chapter 70, Objections and Protests; Hearings and Appeals OAC 325: , Rulings/Orders by the Stewards OAC 325: , Appeal Hearing Procedure 2. The Oklahoma Quarter Horse Racing Association will hold its annual awards program on Saturday, February 18, 2017, starting at 6:00 p.m. at the Grand Casino in Shawnee. The Commission will present CY 2016 Oklahoma-Bred Year-End Champion Awards for Quarter Horses, Paints and Appaloosas. The OQHRA will also be hosting a Reception/Racetrack Reunion at Heritage Place on January 20, 2017 at the conclusion of the Horse Sale. 3. The Oklahoma-Bred Advisory Council is scheduled to meet on Wednesday, February 1, 2017, starting at 1:30 p.m. 4

5 4. The Commission s next regular meeting is scheduled for February 16, 2017 to be held at the Department of Agriculture, Food and Forestry. 5. The Commission Executive Director executed CY-2017 license Orders for the following three independent (gaming) testing laboratories: BMM North America, Inc. DBA BMM Compliance Gaming Laboratories International, LLC Nick Farley and Associates DBA Eclipse Compliance Testing ADJOURNMENT The meeting was adjourned at 9:40 a.m. Approved this 16 th day of February, On Behalf of the Commission: ATTEST: Kelly G. Cathey, Executive Director KGC/bjm/1/31/17, 2/16/17 Ran Leonard, Chairman In conformity with the Oklahoma Open Meeting Act, advance notice of this regular Commission meeting was originally transmitted to the Oklahoma Secretary of State on September 9, 2016; and public notice of this meeting, together with the agenda, was posted in prominent public view in the lobby of the Department of Agriculture, Food and Forestry, Oklahoma City on January 5, The announcement of the CY 2017 Commission meetings was posted on the OHRC website on September 9, The agenda for this meeting was posted on the OHRC website, on January 5, 2017 and placed in the Commission s mall display case at the Commission s Shepherd Mall home office, 2401 N.W. 23 Street, Suite 78, Oklahoma City, OK