Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Respondent: JAMES A. SHUSTER
Judges: MICHAEL M. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Aug. 23, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 23, 2001.
Latest Update: Dec. 27, 2024
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
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Case #01060365
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Docket for Case No: 01-003351PL
Issue Date |
Proceedings |
Oct. 23, 2001 |
Order Closing File issued. CASE CLOSED.
|
Oct. 19, 2001 |
Notice of Settlement (filed by Petitioner via facsimile).
|
Sep. 06, 2001 |
Order of Pre-hearing Instructions issued.
|
Sep. 06, 2001 |
Notice of Hearing issued (hearing set for October 26, 2001; 9:30 a.m.; Miami, FL).
|
Aug. 30, 2001 |
Petitioner`s First Request for Admissions filed.
|
Aug. 30, 2001 |
Notice of Filing Petitioner`s First Request for Admissions filed.
|
Aug. 28, 2001 |
Notice of Filing Petitioner`s First Request for Admissions filed.
|
Aug. 28, 2001 |
Response to Initial Order filed by Petitioner.
|
Aug. 24, 2001 |
Initial Order issued.
|
Aug. 23, 2001 |
Election of Rights filed.
|
Aug. 23, 2001 |
Administrative Complaint filed.
|
Aug. 23, 2001 |
Agency referral filed.
|