Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hodkinson v. Ohio State Racing Commission

Court of Appeals of Ohio, Tenth District

September 7, 2017

Ned Hodkinson, Appellant-Appellant,
v.
Ohio State Racing Commission, Appellee-Appellee.

         APPEAL from the Franklin County Court of Common Pleas No. 16CV-9590)

         On brief:

          Graff & McGovern, LPA, and John A. Izzo, for appellant.

Argued:

         On brief:

          Michael DeWine, Attorney General, and Charles E. Febus, for appellee.

Argued:

          Charles E. Febus.

          DECISION

          LUPER SCHUSTER, J.

         {¶ 1} Appellant, Ned Hodkinson, appeals from a judgment of the Franklin County Court of Common Pleas dismissing his administrative appeal from an October 6, 2016 letter indicating that appellee, the Ohio State Racing Commission ("commission"), would not review his challenge to the racetrack judges' inaction against another harness racing driver for alleged interference during a particular horserace. For the following reasons, we affirm.

         I. Facts and Procedural History

         {¶ 2} On July 29, 2016, Hodkinson was the trainer and harness racing driver of a horse, Grubich Girl, which finished eighth (last) in the seventh race at Scioto Downs racetrack. Hodkinson alleges that the driver of another horse improperly interfered with him and Grubich Girl causing him to slow the horse down and lose ground on the rest of the field. The racetrack judges took no action against any licensee involved with the seventh race, and Hodkinson did not immediately object to the judges regarding any alleged misconduct at the racetrack. A few days after the race, Hodkinson submitted an "appeal form" with the commission. (Aug. 2, 2016 Commission Appeal Form.) That form indicated Hodkinson was appealing from a "decision" of the presiding judge at Scioto Downs regarding the seventh race on July 29, 2016. Hodkinson identified the "decision" being appealed as: "No call for interference on 2 separate occasions in race." On the form, Hodkinson indicated his disagreement "with the Official's Ruling" and his desire to have the matter heard before a commission hearing officer. The next day, August 3, 2016, the commission sent a letter to Hodkinson indicating its receipt of his appeal and the scheduling of a hearing regarding the matter before a hearing officer.

         {¶ 3} On August 8, 2016, counsel for Hodkinson requested a continuance of the hearing, which the hearing officer granted. The commission subsequently requested that the hearing officer dismiss Hodkinson's appeal due to the absence of a reviewable issue. In opposition, Hodkinson argued that the commission had jurisdiction over his appeal, and he requested an additional continuance until a decision was reached on the motion to dismiss.

         {¶ 4} On October 6, 2016, the hearing officer denied Hodkinson's second request for a continuance, indicating that she would make a recommendation regarding the motion to dismiss following the hearing scheduled for late October 2016. On the same day, the director of licensing for the commission sent a letter to Hodkinson informing him that the scheduled hearing was cancelled and would not be rescheduled. The letter states, "Pursuant to Chapter 119 of the Ohio Revised Code and R.C. 3769 and the applicable rules of racing, the Commission does not have the legal authority to entertain your 'appeal.' In this instance, there was no ruling taken against ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.