Czermann v. New York State Racing & Wagering Board

*1581Random blood samples from horses trained by petitioners showed levels of total carbon dioxide (hereinafter TC02) in excess of those allowed by the pertinent New York regulation (see 9 NYCRR 4120.13 [a]).1 Following hearings on the resulting charges, respondent found that each petitioner had violated the regulation and that petitioner Keith J. Kash Jr. had also tampered with the “guarded quarantine” process, an optional means of establishing a defense to the TC02 charge (see 9 NYCRR 4120.13 [b]).2 In addition to imposing fines ranging from $1,000 to $5,000, respondent suspended Kash’s license…