Elawyers Elawyers
Ohio| Change

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs ARECI ROBLEDO, 17-004871PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-004871PL Visitors: 22
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Respondent: ARECI ROBLEDO
Judges: CATHY M. SELLERS
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Aug. 28, 2017
Status: Closed
Recommended Order on Wednesday, December 27, 2017.

Latest Update: Mar. 28, 2018
Summary: Whether Respondent raced animals that were impermissibly medicated or determined to have prohibited substances present, resulting in a positive test for such medications or substances in violation of section 550.2415(1)(a), Florida Statutes (2016),1/ as alleged in the administrative complaints; and, if so, the penalty that should be imposed.Petitioner proved, by clear and convincing evidence, that Respondent committed seven violations of section 550.2415 by impermissibly medicating or administer
More
AGC - Filing For: PARI-MUTUEL WAGERING - 3/27/2018 - 2018-02196 - 2016049902 - ROBLEDO, ARECI - FINAL ORDER

FILED

Department of Business and Professional Reg ulatio n

AGENCY CLERK

STATE OF FLORIDA

-----------

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT


CLERK

Date


Ronda L. Bryan

3/27/2018

DIVISION OF PARI-MUTUEL WAGERIN


DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

File# 2018-02196

DIVISION OF PARI-MUTUEL WAGERING,


Petitioner,


V.


ARECI ROBLEDO,

DOAH Case Nos. 17-4870PL

17-4871PL

17-4872PL

17-4873PL


DBPR Case Nos. 2016-049902

2016-051419

2016-053062

_ _ _R_esp_ond_en_t.

_ _ _ _ _ _ _ _ _ ./

2016-053069

2016-056707

2017-006845


FINAL ORDER


Pursuant to section 120.57(1), Florida Statutes, the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering ("the Division"), hereby enters this Final Order in the above-styled matter. This matter came before the Division for the purpose of considering the Recommended Order issued by Administrative Law Judge Cathy M. Sellers ("the ALJ") on December 27, 2017, in Division of Administrative Hearings ("DOAH") Case Nos. 17-4870PL, 17-4871PL, 17-4872PL, and 17-4873PL ("the Recommended Order"), a copy of which is attached hereto as Exhibit "A." Neither the Division nor Areci Robledo ("Respondent") (together "the Parties") filed exceptions in this matter.

Background


  1. The Division filed four Administrative Complaints against Respondent from on or about December 5, 2016 to February 17, 2017 ("the Administrative Complaints"). The Adminis­ trative Complaints alleged that Respondent was the trainer of record for specific racing grey­ hounds in six races held at a Florida pari-mutuel facility on dates from September 27, 2016


    Filed March 28, 2018 10:22 AM Division of Administrative Hearings

    through January 28, 2017 and charged her with seven counts of violating statutes governing pari­ mutuel wagering.

  2. In response, Respondent elected for a formal hearing pursuant to sections 120.569 and 120.57(1), Florida Statutes. The Administrative Complaints were consolidated for the pur­ poses of the Final Hearing, which was held on October 23, 2017 and October 24, 2017 ("the Fi­ nal Hearing").

  3. Following the conclusion of the Final Hearing, the record was held open for the purposes of allowing Respondent the opportunity to proffer untimely evidence into the record. The Division filed a response in opposition to Respondent's motion to accept untimely evidence, and the ALJ subsequently overruled the Division's objection and entered Respondent's untimely evidence into the record.

  4. Accordingly, the Statement of the Issues, Preliminary Statement, Findings of Fact, Conclusions of Law, and Recommendation contained in the Recommended Order are hereby adopted in toto and incorporated herein by reference.

Order


Based upon the foregoing, and being otherwise fully advised of the premises, it is hereby ORDERED AND ADJUDGED that:

  1. Respondent violated the seven counts charged in the Administrative Complaints.


  2. Respondent shall pay an administrative fine to the Division in the amount of five


    thousand six hundred fifty dollars ($5,650.00), due and payable to the Division of Pari­ Mutuel Wagering, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 323999, within thirty (30) calendar days of the date this Final

    Order is filed with the Agency Clerk of the Department of Business and Professional Regulation.

  3. Respondent's pari-mutuel wagering individual occupational license, number 1572955-


    1021, is hereby SUSPENDED for a period of 279 calendar davs, effective the date this Final Order is filed with the Agency Clerk of the Department of Business and Professional Regulation.


    T,DIRECTOR

  4. The Final Order shall become effective on the date of filing with the Agency Clerk of the Department of Business and Professional Regulation.

DONE AND ORDERED this day


Division of Pari-Mutuel Wagering

Dept. of Business and Professional Regulation 2601 Blair Stone Road

Tallahassee, Florida 32399-2202


NOTICE OF RIGHT TO JUDICIAL REVIEW


A party who is adversely affected by this Final Order is entitled to judicial review pursuant to section 120.68, Florida Statutes, by the filing of an original notice of appeal pursuant to Rules

9.110 and 9.190, Florida Rules of Appellate Procedure, with the Agency Clerk, 2601 Blair Stone Road, Mail Stop G3, Tallahassee, Florida 32399-2203 (email: agc.filing@myfloridalicense.com)

and by filing a copy of the notice of appeal accompanied by the applicable filing fees prescribed by law with the appropriate Florida district court of appeal. The notice of appeal must be filed (received) in the Office of the Agency Clerk within thirty (30) days after the date this Order is filed with the Clerk.

CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing "Final Order" has been furnished via regular U.S. Mail to: Respondent, Areci Robledo, 1470 Haverhill Road South, West Palm Beach, Florida 33415; the Honorable Cathy M. Sellers, Administrative Law Judge, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399- 3060, www.doah.state.fl.us; and by electronic mail to James A. Lewis, Esquire., and Joseph Yauger Whealdon, III, Esquire, Department of Business and Professional Regulation at James.Lewis@MyFloridaLicense.com and Joseph.Wheaidon@MyFloridaLicense.com, on this

'29 day o ,2018.


Department of Business and Professional Regulation


Docket for Case No: 17-004871PL
Issue Date Proceedings
Mar. 28, 2018 Agency Final Order filed.
Dec. 28, 2017 Partial Summary Final Order for Same Case filed by Respondent. (Filed in wrong case)
Dec. 28, 2017 Transmittal letter from Claudia Llado forwarding records to the agency.
Dec. 27, 2017 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 27, 2017 Recommended Order (hearing held October 23, 2017). CASES CLOSED.
Dec. 08, 2017 Transcript of Proceedings (not available for viewing) filed.
Dec. 08, 2017 Petitioner's Proposed Recommended Order filed.
Dec. 08, 2017 Transcript of Proceedings (not available for viewing) filed.
Nov. 28, 2017 Notice of Filing Transcript.
Nov. 06, 2017 Petitioner's Response in Opposition to Respondent's Motion to Admit Untimely Evidence filed.
Oct. 31, 2017 Respondent`s Proposed Recommended Order filed.
Oct. 30, 2017 Respondent's Composite Exhibit 1 (not available for viewing) filed.
Oct. 30, 2017 Letter with Attachments to Judge Sellers from Areci Robledo (attachments not available for viewing) filed.
Oct. 23, 2017 CASE STATUS: Hearing Held.
Oct. 17, 2017 Respondent's Witness List filed.
Oct. 11, 2017 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 11, 2017 (Petitioner's)Transmittal Letter for Exhibits filed.
Oct. 11, 2017 Petitioner's Exhibit List filed.
Oct. 11, 2017 Petitioner's Witness List filed.
Sep. 14, 2017 Notice of Court Reporter filed.
Sep. 07, 2017 Order Accepting Qualified Representative.
Sep. 05, 2017 Petitioner's Request to Accept Qualified Representative filed.
Sep. 05, 2017 Petitioner's Notice of Service of It's First Interlocking Discovery Request filed.
Aug. 31, 2017 Order of Pre-hearing Instructions.
Aug. 31, 2017 Notice of Hearing by Video Teleconference (hearing set for October 23 and 24, 2017; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Aug. 31, 2017 Order of Consolidation (DOAH Case Nos. 17-4870PL, 17-4871PL, 17-4872PL, 17-4873PL).
Aug. 30, 2017 Joint Response to Initial Order and Motion to Consolidate filed.
Aug. 29, 2017 Initial Order.
Aug. 28, 2017 Election of Rights filed.
Aug. 28, 2017 Administrative Complaint filed.
Aug. 28, 2017 Agency referral filed.

Orders for Case No: 17-004871PL
Issue Date Document Summary
Mar. 27, 2018 Agency Final Order
Dec. 27, 2017 Recommended Order Petitioner proved, by clear and convincing evidence, that Respondent committed seven violations of section 550.2415 by impermissibly medicating or administering prohibited substances to racing greyhounds. Recommend fine and license supension.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer