FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATIH] pate 9/45/2015 DIVISION OF PARI-MUTUEL WAGERING File # DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE No.: 2015-03-8436 v. DOUGLAS A. MCELWEE, Respondent, / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wager- ing (“Petitioner”), hereby files this Administrative Complaint against DOUGLAS A. MCELWEE (“Respondent”), and alleges as follows: 1. The Petitioner is the state agency charged with regulating pari-mutuel wagering pur- suant to Chapter 550, Florida Statutes. 2. At all times material hereto, Respondent held a pari-mutuel wagering professional individual occupational license, number 8471260-1021, issued by the Petitioner. 3. At all times material hereto, Respondent trained and raced greyhounds at the Pen- sacola Greyhound Track. 4. Pensacola Greyhound Track is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under Chapter 550, Florida Statutes. 5. Atall times material hereto, Respondent was the trainer of “MAGIC KUMBA.” 6. On or about August 6, 2015, “MAGIC KUMBA” was entered in the fourth (4) race held at the Pensacola Greyhound Track. 7. “MAGIC KUMBA” finished first (1") place in the fourth (45 race at the Pensacola Greyhound Track on August 6, 2015. 8. On August 6, 2015, a Petitioner employee took urine sample number 034243 from “MAGIC KUMBA,” and the sample was forwarded to the University of Florida Racing Labora- tory (“the lab”) for analysis. 9. The lab tested urine specimen sample number 034243, and found that it contained Flunixin, an anti-inflammatory and a Class Four drug under the Uniform Classification Guide- lines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. The concentration of Flunixin in the sample was 334 nanograms per milliliter; in excess of the permitted regulatory limit of 250 nanograms per milliliter. These results were issued to the Peti- tioner in a report dated August 27, 2015. A true and correct copy of the August 27, 2015, Report and Race Results History is marked, incorporated, and attached hereto as Petitioner’s “Compo- site Exhibit A.” 10. The Respondent has ten (10) days to request a split sample in accordance with Rule 61D-6.006, Florida Administrative Code (2015). A true and correct copy of the Notice of Right to Request Split Sample is marked, incorporated and attached hereto as Petitioner’s “Exhibit B.” 11. Section 550.2415(1)(c), Florida Statutes (2015), states, “[t]he finding of a prohibited substance in a race-day specimen constitutes prima facie evidence that the substance was admin- istered and was carried in the body of the animal while participating in the race.” 12. Rule 61D-6.002(1), Florida Administrative Code, provides, "[t}he trainer of record shall be responsible for and be the absolute insurer of the condition of the...racing greyhounds... he/she enters to race." 13. Pursuant to Section 550.2415(1)(a), Florida Statutes, "[t]he racing of an animal with any drug, medication, stimulant, depressant, hypnotic, local anesthetic, or drug-masking agent is prohibited. It is a violation of this section for a person to administer or cause ‘to be administered any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent to an animal which will result in a positive test for such substance based on samples taken from the animal immediately prior to or immediately after the racing of that animal." 14. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Stat- utes, by racing an animal that was determined to have a prohibited substance present in its race day specimen. WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing one or more of the penalties against the Respondent as specified in Rule 61D-6.012, F.A.C., and Sec- tion 550.2415(3)(a), Florida Statutes. Signed on this a day of September, 2015. KEN LAWSON, Secretary Department of Business and Professional Regulation Pivision of Pari-Mutuel Wagering Department of Business & Professional Regulation Northwood Center 1940 North Monroe Street, Suite 40 Tallahassee, Florida 32399-2202 NOTICE OF RIGHTS Please be advised that within twenty-one (21) days of your receipt of this administrative complaint you have the right to request an administrative hearing. Any such hearing would be conducted in accordance with the provisions of Sections 120.569 and 120.57, Florida Statutes, and you would have the right to be represented by counsel or other qualified representative, to call and examine witnesses, and to have subpoenas issued on your behalf. However, if you do not file (i.e., we do not receive) your request for hearing within the twenty-one (21) days, you will have waived your right to any hearing. Please also be advised that mediation is not available in this matter. Received: fug 27 2015 11:56am 08-27-15; 11:48AM; PMW Operatice “oO pare LID 034243, - F | UNIVERSITY of UF IFLORIDA College of Medicine . FINISH AA A Department of Pathology, Immunology and Laboratory Medicne Racing Laboratory August 27, 2015 Mr. Jonathan Zachem, Director Division of Pari-Mutuel Wagering Department of Susiness-and Professional Regulation 1940 North Monroe Street, Suite 50 Tallahassee, Fl 32399-1035 (SIGNATURE) OWNER’S WITNESS — iB RE: Report of Positive Result TATTOO NUMBER RL.152-01 Sample 034243 has been analyzed by liquid chromatography-mass spectrom: the following: flunixin found in urine flunixin (an anti-inflammatory; analgesic and class 4 drug) - the concentration of flunixin is 334 ng/mL. €152972-FDU Dog Urine ; 63.69 INTACT Laboratory Number Specimen Final Weight Seal Pensacola Greyhound Track 08/06/2015 08/13/2015 Collected From Date Coliectad Date Received Pursuant to Chapter 550.2415 (1), F.S., the public disclosure of the information contained in this Report of Positive Result is authorized on or after 09/05/2015, or upon commencement of administrative action, whichever occurs first. f On Mots eared PAL 2. An pt/), Patrick T, Russell David M. Tiffany, FAORC y Scientific Research Manager Sclentific Research Manage. University of Florida Racing Lab ISONEG 17025-2005 Centificate # AT-1642 eee “ae Page 1 of 4 16-24 EXHIBIT The Foundation jor The Gator Nation An Equal Opportunity Institution ace Sungfieg mins Not angorend ee Unita: A Amgyt. SSE ee ee 5 STF ackinfo - Greyhound racelines, breeding into ; Page | of | 4 (aE Dee AUST eeate eos seceaa sare Takin [ @ | Greyhound Thoroughbred Hamess | News Wager Biglackpotbeting, gor Printable Files | Replaya | Dag Search | Live Videe/Tote | virualKennel | Tracks | Entries | Results | GreyMatter RSERENIS ( NEWS — Sign-up for September cash contests - it's free!3 Home Grejhowns Ravn Entnes Results Relays Dog Lorkup Cog Devalls MAGIC KUMBA Dog Detalts Find other areynounds Sire: Dam: SIGAIC PICK Left Tattoo: Right Tatoo: 420 Add to your Want to win? Virtual Kennel Use our tote board SexiGolar, MIRED. Whelp Date: 2012-04-08 ua i Check cut our tate board pari- . . . < ‘of your dogs and get mutuel handicapping toel. Stans: PE-23-4-4-4-6 amail updates. Add this dog » Race Results History: i 2 3 4 5 i Ts @5 2 2 495 32.03 11.90 Banya Shertoss, Blaney Kangen nten facie ST Storing st K PE $60 F 3051 73 123 5 6 7S 31.35 6.80 Enliy Faciertnaes 1 darts Gilontie My Aqunnan ert Change 522 3 365 932.05 8.50 Settled Fer Stow Mich CT Bay Sve Pay Ratio in tt BNE 48-08 oe $6 5 SEN PY aad 21d as aaa 5.80 Heid Sots here ET Gh Coptaintoneal say Chatlomte K ast Ponty 2018.007-3 PR GBC F 3038 73 233 2 3 135 34.34 4.80 Distant Shove sMietrok EY Fring Sandstone Kes Rises Kb Fil 122 2 24 BAL 19.60 Steuay Bus To hee CP Kos Hela fin Rubsoa Rating Fronin 454 4 545 31.39 5.00 Yaviess ile lice CT He ran Frist Ann Enitio Ty Zon Zou Tap 166 6 5 10 31.79 TAO Some Lote Gain Miah BT Pky Feb Dragon Motions Bi Robertson 132 2 27 31.04 S.A0 Cioseut Threat Mit BT Ajs Aiiwayshope Aun Eni 2} Bloomfnk 2018.97, PE {50 F 5108 73 767 7 7 115 32,07 4.80 Na Gian CT Nancy Kerrinan Briattsaeetr P Ray Bage 2015. F300 7% 453 3 411 30,78 2.20 Showhid overtaken CT ehisna Sundioe Saka Karma Pitny Eda S53 S$ 412 32.89 6.10 Gomi mish Midtack ST Pg SmekinSalne My Aquinas vs Pengo Best 356 5 513 31.81 8.20 Links Charge Insite eT kbs Patakan Tiny Rocdingham ‘W's Marvin tin 635 7 8 12S 31,45 7.55 Flash Bid,arvewsy 2@rLtA mI 31.86 Caught Fesal Stride: ‘Ture Sarah ent Grantor Hike Capozzi Hene Greyhounds Theroughoreds Hamess Racing News Coinpany Contact Help Site Map uted if any form, published. broads. at COMMERCIAL use only Tais material may fect for PERSONAL, § This webs! Copyighi 2215 Track{eta Gysterrs Ceaporation Terms of Use http://www. trackinfo.com/dog-search.jsp?keyword=magictkumba&by=dogname&x=0&y 0 9/4/2015 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTEL WAGERING DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR Case No.: 2015-03-8436 Vv. DOUGLAS A. MCELWEE, Respondent. / NOTICE OF RIGHT TO REQUEST A SPLIT SAMPLE With respect to the “Report of Positive Result” from the University of Florida Racing Laboratory (“UF Racing Laboratory”) here supplied you and attached as “Exhibit A” to the Administrative Complaint, please be advised you have a right to request a split sample pursuant to Rule 61D-6.006, Florida Administrative Code, by submitting Form DBPR PMW-3290, Notification to Stewards/Judge of Split Sample Request. You can obtain Form DBPR PMW-3290, Notification to Stewards/Judge of Split Sample Request, as well as a list of approved split sample laboratories, at the State Office located in any Florida pari-mutuel facility or on the Division of Pari-Mutuel Wagering’s (“Division”) website: www.myfloridalicense.com/dbpr/pmw/forms.html. You must submit your Form DBPR PMW- 3290 split-sample request to the Division’s steward or judge within no more than ten (10) days from your receipt of this notice, or you will waive your right to a split sample. c ill Blackman, Chief Operations Officer Division of Pari-Mutuel Wagering EXHIBIT uv a

Docket for Case No: 15-006013PL