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BURTON K. SIPP v. COMMONWEALTH PENNSYLVANIA (10/17/83)

decided: October 17, 1983.

BURTON K. SIPP, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE HORSE RACING COMMISSION, RESPONDENT



Appeal from the Order of the Pennsylvania State Horse Racing Commission in case of In Re: Burton K. Sipp, No. 79-069.

COUNSEL

Joel Weisberg, with him Edward J. Holden, for petitioner.

Gerald T. Osburn, with him Victor S. Jaczun, Special Counsel, for respondent.

President Judge Crumlish, Jr. and Judges Barry and Blatt, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 77 Pa. Commw. Page 562]

Burton Sipp appeals an order of the State Horse Racing Commission (Commission) which suspended his racing privileges for sixty days and imposed a fine of $1,000.

Sipp was the trainer of the horse "Katayeff." Lidocaine*fn1 was found in a urine analysis. Lidocaine is a local anesthetic not naturally found in horses.

Following a Commission hearing, an order was entered suspending Sipp for sixty days and imposing a $250 fine. A rehearing was held eight months later.

Section 163.302 of Title 58 of the Pennsylvania Code provides, in pertinent part:

It shall be the intent . . . of this title . . . to protect the integrity of horse racing . . . and to safeguard the interests of the public and the racing participants. . . . In this context:

[ 77 Pa. Commw. Page 563]

(1) No horse participating in a race shall carry in its body any substance foreign to ...


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