Appeal from the Order of the Pennsylvania State Horse Racing Commission in case of Pennsylvania State Horse Racing Commission v. Herbert F. Bagley, No. 73-029.
Randall C. Rolfe, with her Richard E. McDevitt and Montgomery, McCracken, Walker & Rhoads, for appellant.
James F. Cendoma, General Counsel, with him Robert J. Dixon, Deputy Attorney General, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Rogers and Blatt. Judge Mencer did not participate. Opinion by Judge Wilkinson. President Judge Bowman dissents.
[ 15 Pa. Commw. Page 259]
This case is an appeal from a decision of the Pennsylvania State Horse Racing Commission (Commission) permanently revoking appellant's license to train horses in Pennsylvania. The Commission found that appellant had violated Rule A-18(1)*fn1 and Rule 29.09(a)*fn2 of the Rules of Racing promulgated by the Commission.
[ 15 Pa. Commw. Page 260]
The relevant facts are not in dispute. In May, 1973, appellant took charge of the training of a horse named "Bettalot" in Illinois. Appellant knew that the horse had had a positive result on the Coggins test, a laboratory test developed to test for an infectious disease known as equine infectious anemia (E.I.A.). Appellant claims that the owner of the horse told appellant that Bettalot had been cleared of the disease. The horse was then shipped to Kentucky and then on June 3, 1973, to the Penn National Racetrack in Pennsylvania, along with five other horses. All six horses arrived at Penn National without the health certificates required by Rule A-18(1). Appellant testified that the shipper who delivered the horses to Penn National told appellant that the six health certificates had been lost during the trip. Appellant offered no evidence to substantiate this, and offered no evidence that a health certificate had in fact ever been issued by Kentucky.
Immediately upon the arrival of the horses at Penn National, appellant had them examined by Dr. Stuber, the track veterinarian, who then issued a health certificate for Bettalot. Appellant did not inform Dr. Stuber of the prior positive test for E.I.A.
Appellant entered Bettalot in races on June 30, July 9, and July 21, 1973. Prior to each race, as was customary, she was examined for soundness and racing condition by Dr. Stuber. Bettalot won the July 9 race.
On July 24, 1974, the Department of Agriculture quarantined Bettalot due to the previous positive test for E.I.A. in Illinois. A subsequent Coggins test again showed positive for E.I.A. On September 6, 1974, the Commission suspended appellant's license pending a hearing for violating Rule A-18(1) and Rule 29.09, and on November 8, 1973, following a hearing, the Commission permanently revoked appellant's license.
The basis for the Commission's action was appellant's withholding the knowledge ...