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Process can be lengthy

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April 13, 2006 Send To A Friend  | Print View

After receiving suspensions totaling 44 years and fines of $51,500 Wednesday afternoon from the New Jersey Racing Commission on various charges of violations of commission rules, Eric and Seldon Ledford, Ryan and Ardena Dailey, and Dr. John Witmer all have avenues to appeal the rulings. The commission's findings after the two days of hearings on April 4 and 6 are separate from criminal charges that range from race fixing to drug possession that were filed by the New Jersey State Police March 31 that resulted in the arrest of all except Seldon Ledford.



"Each of the parties can apply for a stay of the penalties pending an appeal of the ruling to our executive director," Racing Commission deputy director Mike Vukcevich explained to harnessracing.com Thursday morning. "It's a two-part process - you have an appeal and you have a request for a stay of the penalties.



"If it is appealed, then we refer it to the Office of Administrative Law and an Administrative Law judge will then conduct a hearing and recommend a decision to the Racing Commission. The Racing Commission can then either accept what the judge says, reject what the judge says and do what they want, or modify what the judge says."



Vukcevich said an appeal of the rulings could be a long process, but the horsemen could immediately ask the commission's executive director (Frank Zanzuccki) for a stay of the penalties.



"One thing that can happen immediately, they can ask our executive director for a stay of the penalties imposed until that hearing is conducted," said Vukcevich. "If the racing commission director says he is not going to do that, than there is an immediate right to appeal to the Appellate (Court) division. The Appellate division either gives the stay or agrees with the director."



Vukcevich added that following the commission's suspension of the four horsemen and veterinarian last week pending a hearing, Eric Ledford's attorney's immediately filed a motion for reinstatement in Appellate Court.



"Ledford's attorney's went to the Appellate division because of that action and said it was improper and harming their client and he hadn't had his hearing yet," said Vukcevich. "They asked the court to allow him to participate until the hearing before the Board of Judges was conducted. (On Wednesday afternoon) around 12:30 or 1:00, the Appellate division denied that request."

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