Leon FL Lawyers | Joseph Monroe Helton Jr. -- eLawyers

03-001459 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs HIALEAH RACING ASSOCIATION, LLC (2003)

Division of Administrative Hearings, Florida Filed: Apr. 23, 2003

This is a case in which the Petitioner, for reasons set forth in an Amended Administrative Complaint and Notice of Intent to Deny License, seeks to impose administrative fines against the Respondent, seeks to suspend or revoke the Respondent’s thoroughbred racing permit, and seeks to deny the Respondent’s application for another thoroughbred racing license.The thoroughbred racing permit should be revoked because the permitholder failed to run any races for two seasons.

02-004028PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs MARK L. SMITH (2002)

Division of Administrative Hearings, Florida Filed: Oct. 16, 2002

The issues are whether Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing an animal that had Benzoylecgonine, a metabolite of Cocaine, in its body, and if so, what penalty should be imposed.Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing a greyhound that had a Class I impermissible substance in its body.

02-000874PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs CURTISS D. HUGHES (2002)

Division of Administrative Hearings, Florida Filed: Mar. 01, 2002

The two issues in this case are whether Respondent, as the trainer of record for two greyhounds; M's Shamrock, that first place finisher in the fourth race on November 7, 2001, and greyhound Lapislazuli, first place finisher in the fourteenth race on November 7, 2001, is legally responsible for the prohibited substance found in each greyhound's urine sample taken immediately after the races, and if so, what penalty should be imposed.Two counts of racing animals who finished first and whose urine samples thereafter tested positive for cocaine substance. Recommend suspension occupational license for 20 days, $1,500 fine, return of purse received as a result of first place finish.

02-000873PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs SARDAR AHMED (2002)

Division of Administrative Hearings, Florida Filed: Mar. 01, 2002

The issue in this case is whether Respondent, as the trainer of record for a greyhound, Tony's Maradona, that finished first place in the thirteenth race on November 6, 2001, is legally responsible for the prohibited substance found in the greyhound's urine sample taken immediately after the race, and if so, what penalty should be imposed.Petitioner was trainer-of-record for animal that finished first in race. Urine sample taken after race tested positive for illegal substance. Ten-day suspension, $500 fine, and return of purse recommended.

01-000262PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs DOUGLAS J. LEVKOFF (2001)

Division of Administrative Hearings, Florida Filed: Jan. 18, 2001

This is a license discipline case in which the Petitioner seeks to take disciplinary action against a licensee on the basis of allegations in an Administrative Complaint in which the Respondent is charged with two violations of Section 550.2415(1)(a), Florida Statutes.Trainer is absolute insurer of condition of racing animals. Fine and suspension warranted when race animal tests positive for metabolite of cocaine.

03-000713PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs KENNETH C. PURDY (2003)

Division of Administrative Hearings, Florida Filed: Feb. 28, 2003

Whether Petitioner, a licensed greyhound trainer, committed the offenses alleged in the Amended Administrative Complaint and, if so, the penalties that should be imposed.Trainer`s license should be revoked because his greyhounds had been doped prior to race.

03-001722BID EXPERIOR ASSESSMENTS, LLC vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (2003)

Division of Administrative Hearings, Florida Filed: May 12, 2003

The issues to be resolved in this proceeding are delineated with particularity in the Joint Pre-hearing Stipulation executed by all parties; however, the issues generally are as follows: Whether Experior has standing to challenge the RFP Process. Whether Promissor was a qualified or responsive proposer. Whether Experior's cost proposal was entitled to the maximum points if Promissor's proposal is determined to be unqualified or non-responsive. Whether the scoring of the proposals by Evaluator three was affected by his bias or was so aberrant as to be unsupportable or illogical or in violation of the RFP. Whether DBPR's award of MBE/WBE preference points to Experior and PSI was inappropriate and should be eliminated. Whether Experior suffered an unfair competitive disadvantage.Pet. failed to prove that Agency acted arbitrarily, capriciously, or unlawfully in choosing proposal of lowest cost proposer. Pet. was third-ranked, failed to show standing because failed to show first-ranked proposer unqualified and unresponsive.

02-004025PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs GREGORY H. MITCHELL (2002)

Division of Administrative Hearings, Florida Filed: Oct. 16, 2002

The issues in this case are whether Respondent, owner/trainer of record of a greyhound that finished in first place, a greyhound that finished in second place, and a greyhound that finished in third place in three separate races, and two greyhounds that ran and finished out of the money in two separate races, is legally responsible for the prohibited substance found in the urine sample of each of the five greyhounds taken immediately after each race in violation of Section 550.2415(1)(a), Florida Statutes, and if so, what penalty should be imposed.Owner raced four dogs in five races; all dogs` urine samples tested positive for cocaine derivative. License revoked with fine totaling $10,000.

03-000219 DAVID J. GIBBY vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (2003)

Division of Administrative Hearings, Florida Filed: Jan. 24, 2003

Whether Petitioner is eligible for a waiver of his 1996 conviction for cruelty to animals in order to receive a pari- mutuel wagering occupational license.Petitioner could not establish entitlement to waiver so as to receive a pari-mutuel license as greyhound owner under Section 550.105(5), because his Florida conviction of cruelty to animals related to pari-mutuel wagering. No rehabilitation shown.

02-003890PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs STEVEN M. PETRILLO (2002)

Division of Administrative Hearings, Florida Filed: Oct. 04, 2002

Whether the Order of Summary Suspension of Respondent's license as a greyhound trainer filed September 20, 2002, is appropriate.Recommend a Final Order be entered continuing the summary suspension of Respondent`s license until the entry of a final order on the pending administrative complaints.

Joseph Monroe Helton Jr.