STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS AND )

PROFESSIONAL REGULATION, ) DIVISION OF PARI-MUTUEL WAGERING, )

)

Petitioner, )

)

vs. ) Case No. 97-2479

)

RONALD G. RUNGE, )

)

Respondent. )

)

RECOMMENDED ORDER

An administrative hearing was conducted on October 28, 1997, in Orlando, Florida, by Daniel Manry, Administrative Law Judge, Division of Administrative Hearings. One witness and the court reporter attended the hearing in Orlando. The attorneys, another witness, and the undersigned participated by video conference from Tallahassee, Florida.

APPEARANCES

For Petitioner: Karla D. Ellis, Esquire

Miriam S. Wilkinson, Esquire Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-1007 For Respondent: No Appearance

STATEMENT OF THE ISSUES

The issues in this case are whether Respondent violated Section 550.2415(1)(a), Florida Statutes (1996)1 by allowing a greyhound with a drug, medication, stimulant, depressant, hypnotic, narcotic, or local anesthetic, in its system to enter and complete a race and, if so, what, if any, disciplinary action should be taken against Respondent's pari-mutuel wagering occupational and business licenses.

PRELIMINARY STATEMENT

On March 25, 1997, Petitioner filed an administrative complaint against Respondent. Respondent timely requested an administrative hearing.

At the hearing, Petitioner presented the testimony of two witnesses and submitted five exhibits for admission in evidence. Respondent did not appear at the hearing and did not otherwise submit any evidence.

The identity of the witnesses and exhibits, and the rulings regarding each, are set forth in the transcript of the hearing filed on November 26, 1997. Petitioner timely filed its proposed recommended order ("PRO") on December 8, 1997.

Respondent did not file a PRO.

FINDINGS OF FACT

1. Petitioner is the state agency responsible for regulating the pari-mutuel industry in the state, including the regulation and discipline of licensees such as Respondent.

   Respondent holds an Unrestricted "U1 " Professional individual pari-mutuel wagering occupational license, number 0526562-1081, and a business occupational pari-mutuel wagering license, number 1364008-1080, for Ron Runge Kennel.

2. Respondent is the trainer of record for Prunella Scales ("Prunella"), a greyhound. On February 22, 1997, the Respondent entered Prunella in the thirteenth race at Sanford-Orlando Kennel Club (the "race") and allowed Prunella to complete the race.

3. Prior to the start of the race, urine sample number 267912 was taken from Prunella. The urine analysis conducted by the Bureau of Laboratory Services revealed the presence of ecgonine methyl ester in sample number 267912.

4. Ecgonine methyl ester is a metabolite of cocaine.

   
   

   Cocaine is a topical anesthetic and a class 1 drug.

   
   

5. Respondent violated Section 550.2415(1)(a) by entering Prunella in the race with an impermissible drug in its system and allowing Prunella to complete the race in such a condition. As the trainer of record, Respondent is responsible for of the condition of a greyhound that he or she enters in a race.

6. Respondent has an extensive disciplinary history. In August 1994, Petitioner fined Respondent $25.00 for racing a greyhound on an impermissible drug and redistributed the purse money. In September 1994, Petitioner fined Respondent a total

   of $50.00 for racing two greyhounds on an impermissible drug. In one instance, Petitioner redistributed the purse money.

7. In November 1994, Petitioner fined Respondent $25.00 for racing a greyhound on an impermissible drug. Respondent's pari-mutuel occupational license was suspended until he paid the fine.

8. In September 1995, Petitioner fined Respondent a total of $50.00 for racing two greyhounds on an impermissible drug. In one instance, the purse money was redistributed.

9. In January 1996, Petitioner fined Respondent $100.00 for racing a greyhound on an impermissible drug and suspended Respondent's pari-mutuel occupational license until Respondent paid the fine. In March 1996, Petitioner fined Respondent

   $50.00 for racing a greyhound on procaine, an impermissible substance. In March 1997, Petitioner summarily suspended Respondent's licenses and denied Respondent all access to pari-mutuel grounds during the period of suspension.

10. In addition to the foregoing drug violations, Respondent was found guilty of improperly using rabbits in the training of racing greyhounds in November 1991. He was fined

    $250.00 for that violation. On March 11, 1995, Respondent was fined $50.00 for presenting the wrong greyhound at the weigh-in, and on July 30, 1996, he was fined $50.00 for failure to present the proper greyhound at the weigh-in.

11. Prior disciplinary action has been ineffective in rehabilitating Respondent. Respondent persists in the prohibited practice of racing animals on impermissible substances. License suspension and fines have no deterrent effect on Respondent. Respondent is not a viable candidate for

    rehabilitation.

    
    

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction over the subject matter and parties in this proceeding. Sections 120.569, 120.57(1), and Chapter 550. The parties were duly noticed for the administrative hearing.

13. The burden of proof is on Petitioner. Petitioner must show by clear and convincing evidence that Respondent committed the acts alleged in the administrative complaint and the reasonableness of any proposed penalty. Ferris v. Turlington,

    510 So. 2d 292 (Fla. 1987).

    
    

14. Petitioner satisfied its burden of proof. Respondent violated Section 550.2415(1)(a) by racing a greyhound with an impermissible drug in its system. As the trainer of record, Respondent was responsible for, and the absolute insurer of, the condition of Prunella in the race. Florida Administrative Code Rule 61D-1.008(11).2 Respondent raced Prunella with the impermissible drug, ecgonine methyl ester, in its system.

15. Section 550.054(9)(b), inter alia, authorizes

Petitioner to revoke Respondent's licenses. Revocation is appropriate and reasonable under the circumstances present in this case.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that Petitioner enter a Final Order and therein find Respondent guilty of violating Section 550.2415(1)(a) by racing an animal with an impermissible drug in its system and revoke Respondent's licenses.

DONE AND ENTERED this 9th day of January, 1998, in

Tallahassee, Leon County, Florida.

Hearings

Hearings

DANIEL MANRY

Administrative Law Judge Division of Administrative

The DeSoto Building 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847

Filed with the Clerk of the Division of Administrative

this 9th day of January, 1998.

ENDNOTES

1/ All chapter and section references are to Florida Statutes (1996) unless otherwise stated.

2/ Unless otherwise stated, all references to rules are to rules promulgated in the Florida Administrative Code in effect on the date of this Recommended Order.

COPIES FURNISHED:

Karla D. Ellis, Esquire Miriam S. Wilkinson, Esquire Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-1007

Ronald G. Runge

105 Trina Lane

Winter Springs, Florida 32708 Deborah R. Miller, Director

Board of Pari-Mutuel Wagering Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792

Lynda L. Goodgame General Counsel

Department of Business and Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 97-002479

Orders for Case No: 97-002479