NYS RWB suspends R. Dutrow's license for 10 years

[postpicker]

Originally Posted by pointman

The conflict is interesting, but it does not address the substance of the numerous violations which led to the imposition of the penalty. A license for anything issued by a State is a privilege, not a right. Therefore, the revoking agency is accorded a wide range of discretion. The appeals court is limited to a determination as to whether there was substantial evidence to support the findings made as opposed to being arbitrary or capricious.

Dutrow will have the burden of demonstrating that the conflict violated his due process rights to a fair hearing (and frankly administrative hearings in New York are not fair to begin with, they tend to almost always be stacked against the respondent). Even if he can overcome that hurdle, he then has to overcome the substantial evidence of the rules he has broken.

Dutrow's chances of overcoming both those hurdles are slim. As Chuck said, Dutrow has a better chance of convincing a court that the penalty is unduly harsh considering the level of evidence introduced against him. Even then, the Court is unlikely to act unless it finds the penalty shocks the Court's sense of fairness.

Dutrow may get a stay of the revocation pending appeals since he will be given the benefit of the doubt, but considering the number of violations his chances on appeal are slim IMO. Though the penalty is a stringent one, considering Dutrow's history of violations in NY and elsewhere, he may even have a hard time getting a reduction from the Courts.

No one can deny Dutrow deserved a suspension. But they will argue the cards were stacked against him from the start. No matter what the crime is, a person deserves due process. They will argue, why did ARCI try and get rid of Dutrow, why not other trainers in other states who may have a record just as bad if not worse than Dutrow. Will ARCI go after Asmussen or O'Neill or Mullins or Lake or anyone else if they have a violation. ARCI set a dangerous precedent and if they dont go after others like they did Dutrow, then they are helping Dutrow's case.