Daniel Werre v. Kentucky Horse Racing Commission, Franklin Circuit Court, 14-CI-418 (June 15, 2015)

Kentucky Racing Commission suspended trainer Werre for a year because the horse tested positive for Levamisole.  The Franklin Circuit Court reversed the Racing Commission’s suspension of the trainer because the Racing Commission did not sustain its burden of showing the propriety of the penalty imposed.  The Racing Commission had misclassified the drug on its own Schedules and application of the regulation was therefore unconstitutional.

Racing Commission/administrative agency/burden/Levamisole

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