DEATON v. KENTUCKY HORSE RACING AUTHORITY

No. 2003-CA-002485-MR.

172 S.W.3d 803 (2004)

William E. DEATON, Appellant, v. KENTUCKY HORSE RACING AUTHORITY, Successor to the Kentucky Racing Commission, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court October 12, 2005.


Attorney(s) appearing for the Case

Charles W. Curry, Lexington, KY, for Appellant.

Frank T. Becker, Lexington, KY, amicus curiae filed on behalf of Kentucky Horsemen's Benevolent and Protective Association.

J. Bruce Miller, Louisville, Spencer D. Noe, Lexington, KY, for Appellee.

Before JOHNSON, SCHRODER, and TACKETT, Judges.


OPINION

SCHRODER, Judge.

A licensed thoroughbred trainer appeals an order of the Franklin Circuit Court which affirmed an opinion of the Kentucky Racing Commission1 which affirmed and adopted a hearing officer's recommendation to suspend the trainer for 150 days after one of his horses tested positive for Prozac. The trainer did not overcome the presumption created by 810 KAR 1:018 Section 3(3), nor did he show the penalty...

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