Deputy Agency Clerk CLERK Date STATE OF FLORIDA File # DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATIO: DIVISION OF PARI-MUTUEL WAGERING DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Evette Lawson-Proctor 2/16/2015 Petitioner, DBPR CASE NO. 2013026543 20140143 v. 20140151 29 59 2014016793 RALPH ZIADIE, 20140194 17 2014019590 Respondent, 20140238 / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Division”), files this Administrative Complaint against Ralph Ziadie (“Respondent”), and alleges as follows: 1. 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 trainer/ thoroughbred license, number 15609-1021, issued by the Division. 3. 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 .. , horses he/she enters to race." 56 4, Section 550,2415(1)(a), Florida Statutes, provides, "{t]he racing of an animal with any drug... is prohibited. It is a violation of this section for a person to administer or cause to be administered any drug... to an animal which will result in a positive test for such substance 1 ZiadieR Admin Comp! based on samples taken from the animal immediately prior to or immediately after the racing of that animal." 5. Section 550.2415(1)(c), Florida Statutes, states “[t]he finding of a 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.” COUNT 1 (DBPR Case No, 2013026543) 6. At all times material hereto, Respondent was the trainer of record for the thoroughbred “R FREE ROLL”. 7. On June 8, 2013, “R FREE ROLL” was entered in the seventh race at Calder Race Course. 8. “R FREE ROLL” finished first in the seventh race at Calder Race Course on June 8, 2013. 9, “R FREE ROLL” was immediately thereafter sent to a Division employee for the taking of urine and serum samples. 10. Serum sample number 786580 was collected from “R FREE ROLL” and was processed in accordance with established procedures and forwarded to the lab for analysis. 11. The University of Florida Racing Laboratory tested serum sample number 786580, and found that it contained Clenbuterol, a bronchodilator and Class Three drug. 12. Based on the foregoing, June 8, 2013, Respondent violated section 5§50.2415(1)(a), Florida Statutes, by racing “R FREE ROLL” with Clenbuterol in the horse’s body in the seventh race at Calder Race Course. ZiadieR Admin Compl COUNT 2 (DBPR Case No, 2014014329) 13. At all times material hereto, Respondent was the trainer of record for the thoroughbred “PRETTY HEIRESS”. 14, On March 8, 2014, “PRETTY HEIRESS” was entered in the second race at Tampa Bay Downs. 15, “PRETTY HEIRESS” finished first in the second race at Tampa Bay Downs on March 8, 2014. 16. “PRETTY HEIRESS” was immediately thereafter sent to a Division employee for the taking of urine and serum samples. 17. Urine sample number 795165 was collected from “PRETTY HEIRESS” and was processed in accordance with established procedures and forwarded to the lab for analysis. 18. The University of Florida Racing Laboratory tested urine sample number 795165, and found that it contained O-desmethyltramadol, a metabolite of Tramadol and a Class Two drug. 19. Respondent requested independent laboratory confirmation of serum sample number 795165. 20, On May 9, 2014 The Industrial Laboratories Company, Wheairidge CO, reported confirmation that Clenbuterol was present in serum sample number 795165, ai. Based on the foregoing, on March 8, 2014, Respondent violated section §50,2415(1)(a), Florida Statutes, by racing “PRETTY HEIRESS” with O-desmethyltramadol in the horse’s body in the second race at Tampa Bay Downs. ZiadieR Admin Comp! - COUNT. 3 mo (@BPR Case No. 2014015159) 22. At all times material hereto, Respondent was the trainer of record for the thoroughbred “EX PIRATE.” . . 23. On March 14, 2014, “EX PIRATE” was entered in the eighth race at Tampa Bay Downs. 24, “EX PIRATE” finished first in the eighth race at Tampa Bay Downs on March 14, 2014. 25. “BX PIRATE” was immediately thereafter sent to a Division employee for the taking of urine and serum samples. 26. Serum sample number 795243 was collected from “EX PIRATE” and was processed in accordance with established procedures and forwarded to the lab for analysis. 27. The University of Florida Racing Laboratory tested. serum sample number 795243, and found that it contained Clenbuterol, a bronchodilator and Class Three drug. '28. Based on the foregoing, on March 14, 2014, Respondent violated section 550.2415(1)(a), Florida Statutes, by racing “EX PIRATE” with Clenbuterol in the horse’s body in the 8 race at Tampa Bay Downs. COUNT 4 (BPR Case No. 2014016793) 29, At all times material hereto, Respondent was the trainer of record for the thoroughbred “YES THAT’S ME”. 30. On March 30, 2014, “YES THAT’S ME” was entered in the sixth race at Calder Race Course. ZiadieR Admin Compl 31. “YES THAT’S ME” finished first in the sixth race at Calder Race Course on March 30, 2014. 32. “YES THAT’S ME” was immediately thereafter sent to a Division employee for the taking of urine and serum samples. 33. Serum sample number 794547 was collected from “YES THAT’S ME” and was processed in accordance with established procedures and forwarded to the lab for analysis. 34. The University of Florida Racing Laboratory tested serum sample number 794547, and found that it contained Clenbuterol, a bronchodilator and Class Three drug. 35, Based on the foregoing, on March 30, 2014, Respondent violated section 550.241 5(1)(a), Florida Statutes, by racing “YES THAT’S ME” with Clenbuterol in the horse’s body in the sixth race at Calder Race Course, COUNTS (BPR Case No, 2014019417} 36, At all times material hereto, Respondent was the trainer of record for the thoroughbred “R FREE ROLL”. 37, On April 12, 2014, “R FREE ROLL” was entered in the eighth race at Gulfstream Race Track. 38. “R FREE ROLL” finished first in the eighth race at Gulfstream Race Track on April 12, 2014. 39, “R FREE ROLL” was immediately thereafter sent to a Division employee for the taking of urine and serum samples. 40. Serum sample number 796575 was collected from “R FREE ROLL” and was processed in accordance with established procedures and forwarded to the lab for analysis. Sor. ZiadieR Admin Comp! 41. The University of Florida Racing Laboratory tested serum sample number 796575, and found that it contained Clenbuterol, a bronchodilator and Class Three drug. 42. Based on the foregoing, on April 12, 2014, Respondent violated section 550,2415(1){a), Florida Statutes, by racing “R FREE ROLL” with Clenbuterol in the horse’s body in the eighth race at Gulfstream Race Track. i ) . ) COUNT 6 (DBPR Case No. 2014019590) 43, At all times material hereto, Respondent was the trainer of record for the thoroughbred “R GIRL SHE GONE”. 44, On April 13, 2014, “R GIRL SHE GONE” was entered in the eighth race at Gulfstream Race Track. 7 45, “R GIRL SHE GONE” finished second in the eighth race at Gulfstream Race Track on April 13, 2014. 46. “R GIRL SHE GONE” was immediately thereafter sent to a Division employee for the taking of urine and serum samples. 47, Serum sample number 796592 was collected from “R GIRL SHE GONE” and was processed in accordance with established procedures and forwarded to the lab for analysis. 48, The University of Florida Racing Laboratory tested serum sample number 796592, and found that it contained Clenbuterol; a bronchodilatot and Class Three drug. 49, Based on the foregoing, on April 13, 2014, Respondent violated section 550.2415(1}(a), Florida Statutes, by racing “R GIRL SHE GONE” with Clenbuterol in the hotse’s body in the eighth race at Gulfstream Race Track. ZiadieR Admin Comp! COUNT] (BPR Case No. 2014023856) 50. At all times material hereto, Respondent was the trainer of record for the thoroughbred “LIBRA FOUR”. 51, On May 16, 2014, “LIBRA FOUR” was entered in the third race at Calder Race Track, 52. “LIBRA FOUR” finished first in the third race at Calder Race Track on May 16, 2014. 53. “LIBRA FOUR” was immediately thereafter sent to a Division employee for the taking of urine and serum samples. 54. Serum sample number 794738 was collected from “LIBRA FOUR” and was processed in accordance with established procedures and forwarded to the lab for analysis, 55, The University of Florida Racing Laboratory tested serum sample number 794738, and found that it contained Phenylbutazone} an anti-inflammatory and Class Four drug. 56. Based on the foregoing, on May 16, 2014, Respondent violated section 550,2415(1)(a), Florida Statutes, by racing “LIBRA FOUR” with Phenylbutazone in the horse’s body in the eighth race at Calder Race Track. WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing one or more of the following penalties against the Responderit as specified in Section 550.2415(3)(a), Florida Statutes‘and Rule 61D-6.011(2), Florida Administrative Code, including suspend or revoke the license of the violator; impose a fine against the violator for ¢ach count; require the ZiadieR ~ Admin Compt full or partial return of the purse, sweepstakes, and trophy of each race at issue; or impose against the violator any combination of such penalties. . an Signed this (2. day of , 20 | KEN LAWSON, Secretary . Department of Business and Professional Regulation By: ¢ Richaré McNelis Assistant General Counsel Division of Pari-Mutuel Wagering Florida Bar No. 990485 Department of Business and Professional Regulation "1940 .N. Monroe Street, Ste. 40° Tallahassee, FL 32399-2202 * “(850)488-0062 Telephone (850)921-1311 Facsimile i | | \ | | i Jason'L; Maine Chief Attorney Division of Pari-Mutuel Wagering Florida Bar No. 091833 Department of Business and Professional Regulation. : 1940 N. Monroe Street, Ste. 40 i Tallahassee, FI, 32399-2202 i (850)488-0062 Telephone : (850)921-1311 Facsimile ZiadieR . 1 Admin Comp] 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 hearing, Please also be advised that mediation is not available in this matter, ZiadieR Admin Comp! i > i i

Docket for Case No: 15-001768PL