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03/05/97 PERTER NOEL HICKEY v. ILLINOIS RACING

March 5, 1997

PERTER NOEL HICKEY, PLAINTIFF-APPELLANT,
v.
ILLINOIS RACING BOARD, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Cook County. The Honorable Thomas A. Durkin, Judge Presiding.

Released for Publication April 24, 1997.

Justice Leavitt delivered the opinion of the Court. McNamara, J. and Rakowski, J., concurring.

The opinion of the court was delivered by: Leavitt

Justice Leavitt delivered the opinion of the Court:

The plaintiff, Peter Hickey, has been a licensed race horse trainer for approximately thirty years. In 1994, post-race test results revealed that six horses for which he was responsible had been administered a bronchodilator called albuterol, the use of which violates Illinois racing law. As a result, the racing stewards suspended Hickey's license 30 days for each violation -- a total of 180 days. Following a subsequent hearing, the Illinois Racing Board (the Board) increased the suspension to 360 days pursuant to its authority under section 15(d) of the Illinois Horse Racing Act of 1975 (the Act). 230 ILCS 5/15(d) (West 1994).

Hickey filed a complaint in the circuit court seeking review of the Board's decision pursuant to the Administrative Review Law. 735 ILCS 5/3-101 et seq (West 1992). The judge upheld the decision of the Board. Hickey contends that the Board's order is void because a majority of the Board did not approve it, as required by section 14(a) of the Act. 230 ILCS 5/14(a).

This case arises from the plaintiff's violation of various regulations promulgated by the Board. Under these regulations, "no horse participating in a race *** shall carry in its body any foreign substance, except as provided" by the Board. 11 Ill. Adm. Code sec. 509.40 (1994). A foreign substance "means all substances except those which exist naturally in the untreated horse of normal physiological concentrations [and] substances, or metabolites thereof which are contained in equine feeds or feed supplements but do not contain any pharmacodynamic and/or chemotherapeutic agents." 11 Ill. Adm. Code sec. 509.20 (1994). Furthermore, "any person who [unlawfully] administers *** any foreign substance to any horse *** shall have his license suspended." 11 Ill. Adm. Code sec. 509.60(a) (1994). Albuterol is not a permitted foreign substance. See 11 Ill. Adm. Code secs. 509.90, 509.95 (1994).

In 1994, the plaintiff was training 50 horses. The six horses involved in this case raced at the Arlington International Race Course between July 21 and August 20, 1994. These horses and the respective races they ran were:

World Class Splash: July 21, eighth race, first place.

Golden Gear: July 30, fifth race, first place.

Little May: August 4, eighth race, first place.

Bantan: August 12, ninth race, first place.

Muchomiel: August 14, tenth race, third place.

Classic Fit: August 20, first race, ...


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