Vacate

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

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter came on for hearing as scheduled. The State was prepared to proceed with the case. None of the named parties 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 30 minutes. A.A.C. R2-19-119 places the burden of proof on the party asserting the right, claim, or entitlement. In this case, the challenging parties 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 challenging party being present, there was no evidence presented to prove the assertion. 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 of the decision, dismissed. Done this day, February 28, 2008. _________________________________ Allen Reed Administrative Law Judge Copy transmitted by mail this _____ day of _________, 2008 to:

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

Gene & Martin Prendergast 24749 S. Brookerson Road Wilcox, AZ 85643

Monique Collins 4205 S. Manning Lane tucson, Arizona 85714

Manuel E. Mauer 1363 S. Coati Drive Tucson, AZ 85713

Derek Couch 35213 W. Van Buren Tonopah, AZ 85354

Jack Martin P O Box 25428 Prescott Valley, AZ 86312

Brent Ellston P O Box 43371 Phoenix, AZ 85080

Bill Brashears 27801 N. 37th Avenue Phoenx, AZ 85027

Robert Rosette 7855 Kramer Street Mesa, Arizona 85207

Blair C. Driggs, Esq. Office of the Attorney General S. 15th Avenue Phoenix, AZ 85007

Wayne Brasher P O Box 966 Thatcher, AZ 85552

Marilou Kelly N. 6 So. Pheasant Run Drive St. Charles, IL 60175

By _______________________________

----------------------- [1] It makes no legal or practical sense 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