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ADAMS v. DELAWARE HARNESS RACING COM'N

No. 70, 2010.

999 A.2d 860 (2010)

Brewer ADAMS, Defendant Below, Appellant, v. DELAWARE HARNESS RACING COMMISSION, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 3, 2010.

Attorney(s) appearing for the Case

Ronald G. Poliquin, Esquire, Young, Malmberg & Howard, P.A., Dover, Delaware for Appellant.

Robert W. Willard, Esquire, Department of Justice, Wilmington, Delaware, for Appellee.

Before HOLLAND, BERGER, and JACOBS, Justices.

BERGER, Justice:

In this appeal we consider whether the Delaware Harness Racing Commission (DHRC or Commission) improperly sanctioned a horse trainer after his horses tested positive for a prohibited drug. Appellant contends that his appeal to the Commission should have been dismissed; that his hearing was not fair and impartial; and that the Commission failed to consider mitigating circumstances. We find no merit to these claims, and AFFIRM.

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