Maine Superior Court grants stay of cobalt suspensions

from the USTA Communications Department

Columbus, OH — Cumberland County (ME) Superior Court Justice Lance Walker ordered a stay of the decision by the Maine Harness Racing Commission on April 26, 2016, that issued suspensions for Steven Vafiades, Randy Bickmore and Drew Campbell for violating their policy on the use of cobalt. The stay was signed by the judge on June 8, 2016.

The Court cited that the three requisite elements to issue the stay existed in this case.

First, since the penalties, including license suspensions from 270 to 450 days, are substantial, the Court was satisfied that there would be “irreparable injury to the petitioner(s).”

Further, the Court found that “A stay of the discipline imposed on the Petitioners while the underlying appeal is resolved does not present ‘substantial harm either to the parties or to the general public.’”

Finally, the Petitioners offered that “the Commission concluded that cobalt affected the performances of horses without any competent record evidence to do so.” The Court determined that the Commission did not have competent and substantial evidence to conclude as it did. This satisfied the requirement that “a strong likelihood of success on the merits” upon appeal exists.

To read the full Court Order, click here.

Related Articles:

  • Maine horsemen receive penalties for cobalt (Friday, June 03, 2016)
    WCSH, the NBC affiliate in Augusta, Maine, is reporting that the Maine Department of Agriculture, Conservation and Forestry has handed down penalties against seven Standardbred drivers and owners in the state that have been found guilty of providing cobalt to their horses.

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