By T. D. Thornton
A Florida administrative law judge has recommended that the state's Division of Pari-Mutuel Wagering enter a final order finding the trainer Kirk M. Ziadie guilty of 18 counts of violating state laws pertaining to prohibited drugs in racehorses.
The violations, which are related to a series of clenbuterol overages between 2012 and 2014, also warrant a fine of $18,000 and the suspension of Ziadie's training license for six years, according to the Dec. 15 ruling signed by judge F. Scott Boyd.
A copy of the 58-page recommended order, which can be read in its entirety here, was first published by the Paulick Report on Wednesday.
Ziadie, a multiple-graded stakes winner with 762 lifetime wins, has been a polarizing backstretch figure while primarily plying his trade in Florida since 2002.
Kirk Ziadie, 47, is the son of former longtime Florida trainer Ralph Ziadie. The younger Ziadie has won multiple training titles at Calder Race Course, Gulfstream Park and Tampa Bay Downs, but he also has 51 separate infractions listed on his record at the site www.thoroughbredrulings.com maintained by The Jockey Club. At least 14 of those rulings were for medication violations, but none of the penalties that were imposed kept Ziadie out of action for long.
In 2009, while Ziadie was in the midst of a 29-month appeal for one of his horses testing positive for the tranquilizer Acepromazine, Calder ejected him from the grounds without stipulating a reason.
Currently, Ziadie is battling a licensure issue with the state of Florida that has kept him from starting a horse in the state since June.
After being served with the backlog of multiple equine drug-related complaints from the Florida Division of Pari-Mutuel Wagering in 2014 and 2015, Ziadie disputed the material facts alleged in the complaints and requested an administrative hearing. In September of 2015, the multiple charges were consolidated into a single administrative hearing.
An administrative law judge like Boyd is a professional hearing officer who presides over hearings and appeals involving governmental agencies.
One issue raised in the administrative hearing process was the question of the admissibility of blood tests of Ziadie's horses. But Boyd's recommended order stated that “although Petitioner is unable to rely on the blood serum test results derived from procedures that were not adopted by rule, Petitioner had independent evidence that the horses had clenbuterol in their bodies on their respective race days, in the form of the test results from these urine samples.”
In handing down his recommended penalties, Boyd cited Ziadie's past regulatory transgressions as playing a role in the ruling.
“The number of repetitions of offenses was significant and indicates a pattern or practice rather than an occasional oversight,” Boyd wrote. “Repeated drug offenses have a direct impact on the integrity of the pari-mutuel industry. Clenbuterol, while a drug with therapeutic value, also has adverse effects, and excessive use presents a danger to racing Thoroughbreds…Evidence of 14 prior complaints resulting in discipline was also introduced, another aggravating factor.”
Yet, Boyd also noted: “On the other hand, Respondent has been involved with racing his entire life and has been a trainer for a substantial number of years. It was uncontroverted that his horses were in excellent condition and that he provided them with clean surroundings, quality feed, and excellent care.”
With regard to a possible appeal, the judge's ruling states that “all parties have the right to submit written exceptions within 15 days from the date of this Recommended Order.”
TDN attempted to locate a working phone number for Ziadie to contact him for comment, but could not obtain one prior to deadline for this story. @thorntontd
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