Thomas v. Ohio State Racing Comm., 08ap-804 (3-31-2009)

OPINION

{¶ 1} This is an appeal by appellant, Terry Thomas, from a judgment of the Franklin County Court of Common Pleas, affirming an order by appellee, Ohio State Racing Commission ("commission"), finding appellant in violation of the commission's horse racing rules after appellant's horse tested for a level of total carbon dioxide in excess of the threshold amount of 37 millimoles per liter, as set forth in Ohio Adm. Code 3769-18-01.

{¶ 2} Appellant is licensed by the commission as a trainer. On September 7, 2006, "Country Welcome," a horse owned and trained by appellant, finished first in a…