FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK ait Lanier Prociae DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pete 10/27/2017 DIVISION OF PARI-MUTUEL WAGERING File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, v. Case No. 2017-022575 JAMES J. BLANCHARD, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner” or “Division’”) files this Administrative Complaint against James J. Blanchard (“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 material hereto Respondent held a pari-mutuel wagering professional individual occupational license, number 72824-1021. Respondent’s occupational license expires on June 30, 2018. 3. At all times material hereto, Respondent was the trainer of record for the greyhounds located in kennel buildings #45 and #48 Blanchard Kennels located at The Florida Kennel Compound (“Blanchard Kennels”). 4. On May 5, 2017, division investigators conducted an inspection of kennel building #45 of the Blanchard Kennels. 5. Prior to the inspection of kennel building #45 on May 5, 2017, Respondent advised his staff not to allow any division investigators into the kennel building and obstructed the Division’s inspection for several hours. The Division was eventually allowed to inspect kennel building #45 with Respondent’s cooperation later that day. 6. During the May 5, 2017, inspection division personnel discovered three (3) greyhounds with expired vaccination documentation and an additional forty-three (43) greyhounds who were missing proof of vaccinations. 7. During this same inspection, Respondent was unable to provide a kennel roster containing the following information: (a) initial date each greyhound arrived to the kennel; (b) name and tattoo number of each racing greyhound housed in the kennel; (c) the name of the owner for each greyhound; (d) the name of the trainer for each greyhound; (e) the Kennel name; (f) date of departure from the kennel; and (g) name and license number of person transporting the racing greyhound. 8. On June 23, 2017, division investigators conducted an inspection of kennel building #48 of the Blanchard Kennels. 9. During the inspection on June 23, 2017, Respondent was unable to provide vaccination records for any of the greyhounds housed in building #48 of the Blanchard Kennels. COUNT I 10. _ Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one (1) through nine (9) as though fully set forth herein. 11. Rule 61D-6.009(8)(a)1., Florida Administrative Code, states: (8)(a) All racing animals shall be inoculated for infectious, contagious, and epizootic diseases including the following, and given boosters as recommended by veterinarians: 1, Canine: Each of the following, once per year: Distemper, Adenovirus (Hepatitis), Leptospirosis, Para-Influenza, Parvo, Bordetella bronchiseptica and Rabies. 12. Based on the foregoing, Respondent violated Rule 61D-6.009(8)(a)1., Florida Administrative Code, by failing to inoculate three (3) greyhounds for infectious, contagious and epizotic diseases once per year. COUNT IT 13. Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one (1) through nine (9) as though fully set forth herein. 14. Rule 61D-6.009(8)(b), Florida Administrative Code, states “[p]roof of vaccination for each active or inactive racing greyhound must be kept on file by the kennel owner/operator, trainer of record, or designee, and be subject to inspection...” 15. Based on the foregoing, Respondent violated Rule 61D-6.009(8)({b), Florida Administrative Code, by failing to provide proof of vaccination for forty-three (43) racing greyhounds on May 5, 2017 COUNT IT 16. _ Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one (1) through nine (9) as though fully set forth herein. 17. Rule 61D-2.023(3)(), Florida Administrative Code, states: (3) A greyhound racing trainer shall ensure that: Gj) A roster is maintained to identify each racing greyhound housed in the kennel. The roster shall contain the following information: 1. Initial date of arrival; 2. Name and tattoo number of the racing greyhound; 3. Owner’s name; 4. Trainer’s name; 5. Kennel name; 6. Date of departure from the kennel; and 7. Name and license number of persons transporting the racing greyhound.” 18. Based on the foregoing, Respondent violated Rule 61D-2.023(3)(j), Florida Administrative Code, by failing to maintain a kennel roster on May 5, 2017. COUNT IV 19, Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one (1) through nine (9) as though fully set forth herein. 20. Rule 61D-2.003, Florida Administrative Code, states “[n]o person shall knowingly engage in conduct that resists, obstructs, or opposes a division employee in the performance of his or her duties and responsibilities on the permitholder’s premises.” 21. Based on the foregoing, Respondent violated Rule 61D-2.003, Florida Administrative Code, by obstructing the division’s inspection of kennel building #45 of the Blanchard Kennels on May 5, 2017 COUNT V 22. Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one (1) through nine (9) as though fully set forth herein. 23. Rule 61D-6.009(8)(b), Florida Administrative Code, states “[pJroof of vaccination for each active or inactive racing greyhound must be kept on file by the kennel owner/operator, trainer of record, or designee, and be subject to inspection...” 24. Based on the foregoing, Respondent violated Rule 61D-6.009(8)(b), Florida Administrative Code, by failing to provide proof of vaccination for forty-three (43) racing greyhounds on May 5, 2017 WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing an administrative fine and/or any other relief that the Division is authorized to impose pursuant to Section 550.0251, Florida Statutes, and Chapter 550, Florida Statutes, and/or the rules promulgated thereunder. Signed this 27™ day of October, 2017. /s/ Charles Dewrelf Charles Dewrell Deputy Chief Attorney Florida Bar No. 0102579 Charles. Dewrell@MyFloridaLicense.com /s/ Louis Trombetta Louis Trombetta Chief Attorney Florida Bar No. 108119 Louis. Trombetta@MyFloridaLicense.com Department of Business and Professional Regulation Office of the General Counsel Division of Pari-Mutuel Wagering 2601 Blair Stone Road Tallahassee, Florida 32399-2202 Telephone: (850) 717-1508 Facsimile: (850) 921-1311 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 wiih Sections 120.569 and 120.57, Fiorida Siatuies, to be represented by counsei 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: 18-004186PL