Marusco v. Commonwealth, State Harness Racing Commission
Marusco v. Commonwealth, State Harness Racing Commission
Opinion of the Court
Opinion by
Dominic Marusco, a licensed trainer, appeals from an order of the State Harness Racing Commission (Commission) suspending his license for sixty days, fining him $250 and forfeiting a purse for violating a Commission regulation relating to the duty of trainers to guard horses prior to racing against being administered drugs. We affirm.
A chemist at the Commission’s official drug testing laboratory detected the presence of a drug in the urine sample taken after racing from a horse trained by
Our review of agency decisions such as the one here is limited to a determination of whether the agency’s findings of fact are supported by substantial evidence, errors of law have been committed or constitutional rights violated. Section 704 of the Administrative Agency Law, 2 Pa. C. S. §704.
The Commission concluded that Marusco had violated Section 7 of Rule 21 of the Commission’s Rules and Regulations, 58 Pa. Code §183.357. This provides:
183.357. Responsibility of a trainer.
A trainer shall be responsible at all times for the condition of all horses trained by him. No trainer shall start a horse or permit a horse in his custody to be started if he knows or if by the exercise of reasonable care he might have known or have cause to believe, that the horse has recieved any drug, stimulant, sedative, depressant, medicine, or other substance that could result in a positive test. Every trainer must guard or cause to be guarded each horse trained by him in such manner and for such period of time prior to racing the horse so as to prevent any person from administering any drug, stimulant, sedative, depressant, or other substance resulting in a positive test. (Emphasis added.)
Marusco’s arguments that the Commission had no authority to arrange for an independent test, that he cannot be punished for merely failing to guard his horse without proof that he knew his horse had been drugged and that the Commission had been less severe in its punishment of other trainers, are clearly without merit.
Order affirmed.
Order
And Now, this 27th day of July, 1982, the order of the State Harness Racing Commission in the above-captioned case is affirmed.
At argument Marusco’s counsel withdrew a question concerning the fairness of the proceeding based on the Commission’s handing down its decision without giving him opportunity to brief and argue the defense.
Reference
- Full Case Name
- Dominic Marusco v. Commonwealth of Pennsylvania, Pennsylvania State Harness Racing Commission
- Cited By
- 2 cases
- Status
- Published