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BENEFIEL v. ILLINOIS RACING BOARD

No. 85-1779.

152 Ill. App.3d 539 (1987)

504 N.E.2d 827

DAN J. BENEFIEL, Plaintiff-Appellee, v. THE ILLINOIS RACING BOARD, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied March 4, 1987.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Kathryn A. Spalding, Assistant Attorney General, of Chicago, of counsel), for appellant.

Ashley S. Rose, Ltd., of Naperville, for appellee.

Judgment reversed.

JUSTICE LORENZ delivered the opinion of the court:

Following an evidentiary hearing, the defendant-appellant, the Illinois Racing Board, found that plaintiff-appellee, Dan J. Benefiel, had violated a Board rule by possessing on a racetrack hyaluronic acid, a chemical substance not approved by the Federal Drug Administration for use on horses. Benefiel, a veterinarian, was fined $500 and his occupation license was suspended for 60 days. However...

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