NYGC Rejects Recommendation on Saez Appeal

The New York Gaming Commission's board Nov. 1 rejected a hearing officer's recommendation to drop a suspension order against Thoroughbred jockey Luis Saez for a "careless riding" incident at Saratoga Race Course in August and demanded a new examination into the matter.

Saez appealed the initial five-day suspension order pertaining to the incident Aug. 8 during the fourth race. The appeal then led to a hearing on the matter. In September, a hearing officer recommended to the commission that the careless riding charge be dismissed "without prejudice due to a defect in the charging notice,'' agency executive director Robert Williams told the board during a meeting Tuesday. Williams did not elaborate on the problem with the charging document.

But board member John Crotty, acting as temporary chairman during the meeting, said he and his fellow board members unanimously rejected the hearing officer's recommendation. The board voted to send the matter back to the hearing officer and have the case reconsidered "based on the law and not technical aspects" of the charging notice, he said.

Commission documents state that there was a stewards inquiry following the fourth race Aug. 8, when the jockey and trainer of the fifth place finisher in the race claimed  foul against Saez, riding Basic Hero, "for alleged interference in the stretch.'' The steward agreed and re-ordered the race to move Basic Hero from a second-place finish to fifth.

In another matter, the commission deferred an item that would require the establishment of minimum continuing education thresholds for Thoroughbred trainers. The plan, based on recommendations by the Association of Racing Commissioners International, would set four hours a year as a floor for the minimum continuing education requirement in order for trainers to receive or continue to hold a New York license. Trainers not based in the state and who have 12 or fewer starts in a year in New York can request a waiver to the requirement.

Williams said a very late industry comment—from the New York Thoroughbred Horsemen's Association—came in raising questions about the proposal. The concerns raised by the group, he told the board, relate to whether there are enough outlets for trainers to obtain the education coursework and where they are located. The board then agreed to defer the plan to a future meeting after it considers the questions raised by the NYTHA.

In a letter dated Oct. 31, NYTHA president Rick Violette Jr. said the group is in "full support" of the concept of continuing education for trainers. But Violette said NYTHA is concerned that Thoroughbred trainers are being singled out because the proposed rule does not apply to harness trainers.

"Continuing education is valuable, but it should not be to the benefit of just one category of horse racing licenses,'' he wrote.

Violette said the NYTHA is also concerned about what he called a lack of available for approved continuing education courses. He noted the Welfare and Safety of the Racehorse Summit and the North American Racing Academy have teamed up to offer five, one-hour courses, while continuing education offerings by stewards in New York is not organized and haven't held courses for several years.

"It is unclear what constitutes a course eligible for approval, or if courses can be repeated to meet the requirement, which would seem almost impossible to avoid, given the scarcity of options,'' Violette said, arguing that the rule needs to specifically state the list of approved courses. "And that list should be extensive,'' he added. He also called for a review of the protocol for new trainer licensing, "and raising the bar on the standards necessary to qualify.'' He did not elaborate.

Violette told the NYGC its trainer education rule "needs more substance and further discussion.''

The agency has previously said it expects the new requirements will not cost trainers, because there are complimentary, existing outlets that offer continuing education classes, either online or in person.

The commission's board also approved an array of seven rules to regulate specific aspects of casino gambling in the state. The rules, now on the books, pave the way for four commercial casinos now under construction to open their doors once the work is complete. First up is expected to be a new casino addition to Tioga Downs, a harness facility west of Binghamton, followed by a casino near Rochester and one in Schenectady—both of which are expected to draw business away from existing nearby racino operations. The fourth and largest project, is set to open sometime in 2018 in the southern Catskills.