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John Izzo of Graff & McGovern represented a Standardbred trainer accused by the Ohio State Racing Commission of racing a horse that exceeded the regulatory threshold of a dopamine metabolite. However, the Commission never established what the regulatory threshold was for the dopamine metabolite.

Franklin County Court of Common Pleas Judge Colleen O’Donnell agreed with Graff & McGovern that horsemen must be on notice as to what the regulatory threshold is for substances that naturally occur in horses, such as the dopamine metabolite. The Commission has a rule that states regulatory thresholds must be set by rule or order, and the Commission did neither for the dopamine metabolite. Instead, the Commission relied upon the Association of Racing Commissioners International (ARCI) to set and publish a threshold for the dopamine metabolite.

Judge O’Donnell found the Commission’s rules did not give it the authority to adopt the ARCI guidelines. The Commission never set a regulatory threshold for the dopamine metabolite by rule or order. As a result, she found in the trainer’s favor and REVERSED the Commission’s Order.

When dealing with administrative agencies, it is important to be familiar with the agency’s rules. In some instances, such as this case, the agency’s rules can be used against them.

If you have any questions about the Ohio State Racing Commission, any other state agency, or how to challenge agency orders, you should consider contacting an attorney at Graff & McGovern. John Izzo of Graff & McGovern can be reached at 614-228-5800, extension 5, or johnizzo@grafflaw.com.