The passage of an out-of-competition testing program was approved and put into law when the Maine State Harness Racing Commission met on Wednesday, August 25. The law provides the commission to be able to test horses for blood-doping agents at any time that the commission wishes and give the commission the ability to visit trainer’s training facilities.

The rule was recommended by the Commission to Study the Promotion, Expansion and Regulation of the Harness Racing Industry, whose final report was issued in December 2007.

The new law allows the commission to test for blood and gene doping agents normally not found in horses when in competition. The commission may visit trainer’s facilities or ask trainers to bring horses to a commission sanctioned facility to do the testing.

Violation of this new rule comes with a stiff minimum penalty of a 10-year suspension and a $10,000 fine.

The commission was also to hear an appeal by Michael Graffam and Robert Tourangeau. But the appeal was never heard due to a controversial technicality.

The complaint was concerning a race at Bangor Raceway where a horse left the course around the 7/8th pole. There was a judge’s inquiry that looked at whether Marilyn B left the course. The judges did not place Marilyn B but did fine driver Irv Mauran for leaving the course. Marilyn B won the race while Graffam’s horse, The Last Ruler, finished 2nd. Graffam and Tourangeau alleged that Marilyn B should have been placed.

Before testimony could be given though, Attorney General Jack Richards said that Graffam and Tourangeau could not appeal the judges’ decision based on a ruling that said that Graffam, acting as the driver, did not file an objection in the race and did not have the right to appeal.

The rule Richards was quoting was from Chapter 7 section 55 which states “All complaints by drivers of any driving violation or other misconduct during a heat or dash must be made at the termination thereof to the Patrol Judge unless the driver is prevented from doing so by an accident or injury. Any driver desiring to enter a claim of foul or other complaint of violation of the rules, must, before dismounting, indicate to the Judges his or her desire to enter such claim or complaint and forthwith upon dismounting shall proceed to the telephone in the paddock where and when such claim, objection, or complaint shall be immediately entered. The Judges shall not cause the official sign to be displayed until such claim, objection, or complaint shall have been entered and considered.”

Richards said that the commission could waive the ruling and continue with the appeal. Commissioner Barbara Dresser, who said that in Chapter 19, section 3, all judges’ decisions and rulings of the judges may be appealed within 3 days in writing and based on that, the Chapter 7 rule should be waived.

Commissioner James Tracy made a motion to dismiss the case based on the Chapter 7 rule. The board voted 3-2 to dismiss with Dresser and Commissioner Todd Bradley voting against the motion.