NYSGC Overturns Hearing Officer in Noda, Gazer Cases

The New York State Gaming Commission on Dec. 12 rejected a hearing officer's recommendation in two cases and issued a $5,000 fine and 90-day license suspension for trainer and exercise rider Orlando Noda and a $2,500 fine and a 30-day suspension for clocker Richard Gazer.

Noda was originally charged with a $5,000 fine in Aug. 2021 for striking a horse excessively during an Aug. 5, 2021 workout at Saratoga Race Course. 

Noda requested a stay and received hearings on Feb. 16 and March 28. On Nov. 1, the hearing officer recommended in a report to the Commission's secretary that the charges should be dropped.

In a unanimous vote, the Commission rejected the recommendation, imposing the fine and suspension, adding the 90-day suspension and ordering Noda to complete an anger management course as a condition of reinstatement.

Gazer was cited in May for changing a horse's workout time and submitted an appeal, leading to an Aug. 15 hearing. Two months later, the hearing officer submitted a report recommending that the charges be dismissed.

On Monday, the Commission also voted unanimously to overturn the hearing officer's decision.

Gazer contended he did not alter the actual time of the work. He said the time was changed from 1:04.60 for five furlongs to :51.33 for four furlongs—which was the correct time—so that the horse could meet the requirements of a four-furlong work in :53 or quicker so it could be removed from a poor performance list.