STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING oe, ; y ' DEPARTMENT OF BUSINESS AND Inky PROFESSIONAL REGULATION, LEE DIVISION OF PARI-MUTUEL WAGERING \} RY] QUE : OL S38: . Petitioner, Oye s, vs. Case No. 01060365 JAMES A. SHUSTER, ; Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari- Mutuel Wagering (hereinafter "Division"), files this Administrative Complaint against = ; ; James A. Shuster (hereinafter "Respondent"), and alleges as follows: ag RE 1. The Division is the’state agency charged with regulating pari-mutuel wagering, pursuant to Chapter 550, Florida Statutes. & 2. At all times material hereto, Respondent held a pari-mutuel wagering occupational license, number 0206582-1081, issued by the Division. 3. Rule 61D-6. 002(1), Florida Administrative Code, provides, "(t]he trainer le for and beth ebsolut' insurer of the condition of the . racing g greyhounds hel she enters to race.” 4. Respondent was the trainer of record and the absolute insurer of the condition oft a racing resbound named “Pompano Tackle” on May 26, 2001. 5. “On May 26, 2001, “Pompano Tackle” was 5 entered i in 1 the sixth race e of the evening performance at Hollywood Greyhound Track. 6. Hollywood Greyhound Track is a permitholder authorized to conduct pari-mutuel wagering in this state. 7. “Pompano Tackle” finished fourth in the sixth race of the matinee performance at Hollywood Greyhound Track, Inc. on May 26, 2001. 8. “Pompano Tackle” was immediately thereafter sent to a Division employee for the taking of a urine sample. 9. Urine sample number 730702 was collected from “Pompano Tackle” and was processed in accordance with established procedures and forwarded to the lab for analysis. 10. The University of Florida Racing Laboratory tested urine sample number 730702, and found it to contain Benzoylecgonine, a metabolite of Cocaine, and/or a derivative thereof. 11. Cocaine is a topical anesthetic, and a Class 1] drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. 12. Section 550.2415(1)(c), Florida Statutes, states “[t]he finding ofa prohibited substance in a race-day specimen constitutes prima facie evidence that the substance was administered and was carried in the body of the animal while participating in the race.” of the matinee performance at Hollywood Greyhound Track on May 26, 2001. 14, Based on the foregoing, Respondent has violated Section 550.2415(1)(a), Florida Statutes, which provides, "[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." WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing one or more of the following penalties as specified in Section 550.2415(3)(a), Florida Statutes: revoke ¢ or Suspend the license or permit of the violator or deny a license or permit to the violator: impose a fine against the violator in an amount not exceeding $5,000; require the full or partial return of the purse, sweepstakes, and trophy of the race at issue; or impose against the violator any combination of such penalties. ‘Signed this fF ~~ day of ; . 2001. Department of Business and Professional Regulation DEPUTY CLERK Leon Biegalski Chief Attorney merece l MN Hh Ld Division of Pas Nu = 20 7200! DATE iE RoE er ne A Ea COUNSEL FOR DEPARTMENT: Joseph’M. Helton, Jr. Assistant General Counsel Division of Pari-Mutuel Wagering Florida Bar Number: 879622 Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-2202 JMH/cmb Case #01060365 er qe ner gene cen rings one epee see oe

Docket for Case No: 01-003351PL