ALJDEC decisions subject to certification as final

07A-019-RAC · Department of Racing · 2008-02-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of a Challenge by: | | No. 07A-019-RAC | | | | | |Gene and Martha Prendergast, | |ADMINISTRATIVE LAW JUDGE | |L. Wayne Brasher, Derek Couch, and | |DECISION | |Brent Ellston | | | | | | |

HEARING: February 28, 2008 APPEARANCES: No one appeared on behalf of the Challenging Parties (Appellants) Blair Driggs, Assistant Attorney General, appeared for the Arizona Department of Racing. ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact This matter came on for hearing as scheduled. The State was prepared to proceed with the case. None of the named parties (Appellants) challenging the decision of the Yavapai Board of Stewards, was present and no good cause is known for the non appearance. The record remained open for minutes. Conclusions of Law A.A.C. R2-19-119 places the burden of proof on the party asserting the right, claim, or entitlement. In this case, the Appellants assert the decision of the Yavapai Downs Board of Stewards concerning the entry of the horses entered, the Board’s authority to correct entry errors, and the timeliness of challenges presented to the running of the 8th race of the Gil Snyder Memorial stakes race on July 22, 2007, was in error. In light of the issue, the burden of proof is on the party asserting the claim, to present evidence in support of the assertion[1]. No Appellant being present, there was no evidence presented to prove the assertion challenging the steward’s decision. In view of the foregoing the following recommendation is submitted. Recommended Decision It is recommended the decision of the Yavapai Board of Stewards in the 8th race of the Gil Snyder Memorial stakes race at Yavapai Downs on July 22, 2007, be affirmed and the challenge (appeal) of the decision, dismissed.

Done this day, February 28, 2008

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2008, to:

Geoffrey Gonsher, Director Department of Racing 1110 W. Washington, Suite 260 Phoenix, AZ 85007

By ___________________________

----------------------- [1] It makes no legal or practical reason for the stewards to attempt to show unspecified errors were not made or to have the State present a case against itself.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826