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JERRY LEE NORWOOD v. COMMONWEALTH PENNSYLVANIA (11/18/74)

decided: November 18, 1974.

JERRY LEE NORWOOD, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA HORSE RACING COMMISSION, APPELLEE



Appeal from the Order of the Pennsylvania State Horse Racing Commission in case of State Horse Racing Commission v. Jerry Lee Norwood, No. 73-009.

COUNSEL

Edward S. Finkelstein, for appellant.

James F. Cendoma, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Kramer.

Author: Kramer

[ 16 Pa. Commw. Page 220]

This is an appeal filed by Jerry Lee Norwood (Norwood) from an order of the Pennsylvania State Horse

[ 16 Pa. Commw. Page 221]

Racing Commission (Commission) dated December 14, 1973, revoking Norwood's owner's and trainer's license and fining him in the sum of $5,000.

On May 31, 1973, the Commission issued a preliminary order suspending Norwood's license. This order contained allegations that Norwood had (1) participated in or had knowledge of (a) the administering of prohibited stimulants to horses at the Penn National Race Track and (b) the switching of urine samples so as to conceal the use of these stimulants; and (2) personal possession of hypodermic syringes which could be used for the injection of stimulants into horses.

On June 2, 1973, pursuant to the Thoroughbred Horse Race Meeting Corporation statute (hereinafter referred to as Act), Act of December 11, 1967, P.L. 707, as amended, § 20, 15 P.S. § 2670 (Supp. 1974-1975), Norwood requested a hearing. On June 13, 1973, Norwood requested a Bill of Particulars, which was submitted to him on June 15, 1973. Two hearings were held before the Commission, on June 18, 1973 and November 15, 1973, the former for the purpose of receiving evidence and the latter for entertaining argument. Norwood was represented by counsel on both occasions. On December 14, 1973, the Commission issued its adjudication and final order. Appeal to this Court followed.

For reasons discussed later, it will be helpful to set forth in full the brief adjudication of the Commission:

"1. On or about May 30, 1973, and on diverse other occassions [sic] during the period of time from November 1, 1972, through May 30, 1973, the said Jerry Lee Norwood participated in the administration of drugs to horses entered in races at the Penn National Race Track, Grantville, Pennsylvania;

"2. That on or about the same time and place aforesaid, the said Jerry Lee Norwood participated in the switching, interchanging, or replacement, of urine samples taken ...


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