Medina Spirit Appeal

[1hooper]

Decision issued today. 47 pages.  paulickreport.com/wp-content/uploads/2023/05/baffert_KHRC-recommended-order.pdf

After consideration of the evidence at the stewards’ hearing, the stewards assessed a penalty based on the pattern set forth in 810 KAR 8:030 Section 4(3). The stewards found no mitigating factors, but they did lessen Mr. Baffert’s penalty by choosing not to consider the dextrorphan positive that Mr. Baffert incurred in July 2020. TR 353, 383-384 (Ms. Borden).
This penalty was far from the maximum penalty allowable, which would have allowed the stewards to suspend Mr. Baffert for up to five (5) years and impose a fine of up to $50,000.00. KHRC Exhibit 30, 810 KAR 8:030 Section 12. TR 351-352, 501-502 (Ms. Borden).
The undersigned finds this penalty was appropriate based on the facts found above.
Recommended Order
This Hearing Officer, being otherwise sufficiently advised, recommends Stewards’ Rulings Nos. 22-0009 and 22-0010 be affirmed in their entirety.
Recommended on May 26, 2023.
Eden Davis Stephens Hearing Officer [e-mail] 

[merasmag]

does this mean baffert has a 90 day suspension starting today?...hay...u posted it

[1hooper]

The report by Stephens will be presented to the full racing commission, which can choose to accept, modify, or reject her recommendations.

Prior to the vote, the attorneys for the racing commission and Baffert “can file exceptions to the recommended order should either party believe the hearing officer made an incorrect finding of fact or conclusion of law,” the racing commission said.

If Baffert were to appeal any decision by the commission, the appeal would be filed in Kentucky Circuit Court. Baffert will have 30 days to file the appeal.