Return to Browsing

12 N.J.A.R. 103

Racing Commission, New Jersey; King, James, Jr. v
Formats: PDF | DjVu— Help viewing DjVu Files
Citation: 12 N.J.A.R. 103
Decision Date: 1985
Agency: RACING COMMISSION
Synopsis: Petitioner appealed a determination of the Board of Stewards at Freehold Raceway that he had violated N.J.A.C. 13:71-20.10(a) by holding back his horse at the end of a race in order to prevent winning. A six-month suspension of petitioner's racing priyileges was proposed. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case found that the driver had used the reins to steady the horse, not to prevent winning the race. The New Jersey Racing Commission had not proved the charges by a fair preponderance of the credible evidence. Therefore, no violation was established and it was ordered that petitioner not be suspended. Upon review, the Racing Commission rejected this initial de- cision. The Commissioner concluded that the petitioner drove with design to prevent winning. The proposed six-month suspension was affirmed. The Appellate Division reversed the final decision because the Racing Commission had voted without a quorum. The Commission's decision was held to be void and the initial decision was deemed adopted. The Supreme Court reversed the Appellate Division. The case was remanded to the Racing Commission to correct the procedural error and issue a new final decision. Michael D. Schottland, Esq., for petitioner (Chamlin, Schottland, Rosen, Cavanaugh & Uliano, attorneys) Michael J. Haas, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney)
Rule(s) Cited: 13:71-20.10(a) 
Citation Tracker adopted-Racing Com'n; reversed & remanded-205 N.J. Super. 411 (App. Div. 1985); reversed & remanded-103 N.J. 412 (1986) [Updated through 1991]