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1 N.J.A.R. 42

Racing Commission, New Jersey v. Phillips, Ronald & DeFrank, Joseph
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Citation: 1 N.J.A.R. 42
Decision Date: 1979
Agency: RACING COMMISSION
Synopsis: Ronald Phillips, Program Director at the Meadowlands Race Track, and Joseph DeFrank, Racing Secre'ary at the Track, appealed, respectively, from a fine and reprimand imposed by the New Jersey Racing Commission resulting from a race in which a horse ('Mr. Rudy') raced with an inaccurate chart, in violation of New Jersey Racing Commission Rules. This inaccurate chart occurred when the race program failed to contain a notation in the horse's racing history that the horse had won a previous race at Brandywine Race Track. The administrative law judge found that the failure to include the notation of the prior race resulted from the failure of the horse's owner and trainer to bring the omission to anyone's attention and Phillips' failure to notice penned-in notations on the horse's declaration form. The judge found that DeFrank was unaware of any problem involving the horse until two days after the race. The administrative law judge concluded that, while there was no deliberate attempt to conceal the missing information, Phillips's failure to include the information could be characterized as detrimental to racing since it was his responsibility, as [¾og.ram Director, to insure the accuracy of the racing program. Accordingly, the administrative law judge ordered that Phillips be reprimanded for his negligence, but that no penalty be assessed against DeFrank. Harold G. Handel, Deputy Attorney General for Petitioner (John J. Degnan, Attorney General of New Jersey, Attorney) Andrew F. Zazzali, Jr., Esq., for Respondents