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13 N.J.A.R. 746

Racing Commission; Moiseyev, Jack v
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Citation: 13 N.J.A.R. 746
Decision Date: 1988
Agency: RACING COMMISSION
Synopsis: Appellant, a licensed harness driver, appealed a proposed 30-day suspension for an unsatisfactory drive. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case concluded that the drive was unsatisfactory, in violation of N.J.A.C. 13:71-20.10(b). However, the judge reduced the penalty to a 10-day suspension be- cause that is the maximum penalty under the rules of the United States Trotting Association (USTA), which are incorporated by reference in N.J.S.A. 5:5-30. Upon review of this initial decision, the Racing Commission agreed that appellant's drive was unsatisfactory but imposed the rec- ommended 30-day suspension. The Commission said it was not bound by USTA rules regarding penalty. The Appellate Division affirmed with modifications, holding that the penalty should be a 10-day suspension as provided by USTA rules. Michael D. Schottland, Esq., for appellant (Chamlin, Schottland, Rosen, Cavanagh & Uliano, attorneys) Gall Mazuco and Craig J. Huber, Deputy Attorneys General, for the respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)
Rule(s) Cited: 13:71-1.1 13:71-20.10(b) 
Statute(s) Cited: 5:5-30