FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUISNESS AND PROFESSIONAL REGULAT] pte 44/47/2045 File # DEPARTMENT OF BUISNESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, v. Case No. 2015-003286 CRYSTAL MARIE CARROLL, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner” or “Division’) files this Administrative Complaint against Crystal Marie Carroll (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating pari-mutuel wagering pursuant to Chapter 550, Florida Statutes. 2. At all times hereto, Respondent was licensed in the state of Florida with a Professional Individual Occupational License, having been issued license number 39058 16-1021. 3. Respondent’s address of record is 7218 W. 4" Ave. Apt# 47, Hialeah, FL 33014. 4. At all times material hereto, Respondent was the trainer of record at Carroll’s Kennels, located at the Florida Kennel Compound (“Respondent’s kennel.”) 5. On or about January 22, 2015, a Division Investigator conducted a random search of Respondent’s kennel. The search revealed that an injectable vial labeled “Noromectin Injectable,” a common de-wormer and anti-parasitic mediation, was found in Respondent’s kennel in an opened, unlocked cabinet with the keys situated in the lock. 6. On or about January 22, 2015 a gallon container labeled ““dimethyl sulfoxide,” an anti-inflammatory medication treating muscle soreness, was found under a sink in Respondent’s kennel. COUNT ONE 7. Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one through six as though fully set forth herein. 8. Rule 61D-6.004(2)(a)(2), Florida Administrative Code (2014), provides: aK ok kK eK No licensee within the grounds of a racing permitholder where racing animals are lodged or kept shall have in or upon the premises which that person occupies or has the right to occupy, or in that licensee’s personal property or effects, the following: Any hypodermic needle, injectable vial, syringe capable of accepting a hypodermic needle or which may accept a volume greater than 6 ounces, tube device for naso-gastric or gastric intubation; (Emphasis supplied.) seek eke aeekek 9. Based on the foregoing, Respondent violated Rule 61D-6.004(2)(a)(2), Florida Administrative Code (2014), by having in or upon the premises which Respondent occupied an injectable vial while within the grounds of Florida Kennel Compound. COUNT TWO 10. Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one through six as though fully set forth herein. 11. Rule 61D-6.003(1), Florida Administrative Code (2014), provides in full “[t]he trainer of record shall be responsible for insuring that all legend drugs, proprietary drugs, or medical compounds (natural or synthetic) of any nature are kept or stored at all times in a securely locked cabinet, locker, or room when not actively being administered.” (Emphasis supplied.) 12. Based on the foregoing, Respondent violated Rule 61D-6.003(1), Florida Administrative Code (2014), by failing to keep an injectable bottle of noromectin in a securely locked cabinet, locker, or room. COUNT THREE 13. Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one through six as though fully set forth herein. 14. Rule 61D-6.003(10, Florida Administrative Code (2014), provides in full “[t]he trainer of record shall be responsible for insuring that all legend drugs, proprietary drugs, or medical compounds (natural or synthetic) of any nature are kept or stored at all times in a securely locked cabinet, locker, or room when not actively being administered.” (Emphasis supplied.) 15. Based on the foregoing, Respondent violated Rule 61D-6.003(1), Florida Administrative Code (2014), by failing to keep a bottle of dimethyl sulfoxide in a securely locked cabinet, locker, or room. WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing any or all penalties delineated within Section 550.0251, Florida Statutes, and/or any other relief that the Division is authorized to impose pursuant to Chapter 550, Florida Statutes, and/or the rules promulgated thereunder. Signed this 16" day of November, 2015. KEN LAWSON, Secretary Department of Business & Professional Regulation /s/Wiliam Hall WILLIAM D. HALL Chief Attorney Division of Pari-Mutuel Wagering Florida Bar No. 99545 Dept. of Business & Professional Regulation 1940 N. Monroe Street, Ste. 40 Tallahassee, FL 32399-2202 Telephone (850) 717-1768 -3- NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised that Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28- 106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged.

Docket for Case No: 16-001276PL