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VALENZUELA IS CLEARED TO RACE.


Byline: Kevin Modesti Staff Writer

Patrick Valenzuela's latest drug-related banishment was overturned Friday by state horse racing horse racing, trials of speed involving two or more horses. It includes races among harnessed horses with one of two particular gaits, among saddled Thoroughbreds (or, less frequently, quarterhorses) on a flat track, or among saddled horses over a turf course with  officials, apparently clearing the way for one of California's top jockeys to seek a return to competition at Santa Anita Santa Anita may refer to:
  • Santa Anita Park in California, USA
  • Santa Anita, Mexico holy site in San Cristobal de las Casas, Chiapas, Mexico
.

``I'm just very thankful,'' said Valenzuela, adding he is ready to get back in the saddle as soon as he receives a new license. ''If you gave me four horses to ride tomorrow, I guarantee two of them would win.''

Voting 7-0 in a closed-door meeting at the Arcadia track, California Horse Racing Board commissioners went along with an administrative law administrative law, law governing the powers and processes of administrative agencies. The term is sometimes used also of law (i.e., rules, regulations) developed by agencies in the course of their operation.  judge's support for Valenzuela's appeal of an August ruling that could have ended the Kentucky Derby-winning jockey's oft-interrupted career.

Del Mar Del Mar is the name of several places in the United States of America:
  • Del Mar, California
  • Del Mar, Texas
  • Del Mar High School, located in San Jose, California
  • Del Mar Racetrack, located in Del Mar, California
 stewards determined last summer that Valenzuela tried to evade a CHRB CHRB California Horse Racing Board
CHRB Community Housing Resource Board (Montana)
CHRB Commonwealth Health Research Board
 order to submit to hair-follicle drug testing when he revealed - to widespread cries of ``too much information!'' - that he had shaved his entire body.

The stewards' decision put Valenzuela under suspension for most of the final six months of 2004 and was punctuated by the recommendation that he not be relicensed by the racing board.

In a November appeal, Valenzuela's attorney contended that although the body shaving might have prevented the rider from providing a ``hair strand'' sample, it wouldn't have kept him from having hair follicles Hair follicles
Tiny organs in the skin, each one of which grows a single hair.

Mentioned in: Alopecia
 - the tiny cavities from which hairs grow - tested for evidence of drug abuse.

And that contention was supported by administrative law judge administrative law judge n. a professional hearing officer who works for the government to preside over hearings and appeals involving governmental agencies. They are generally experienced in the particular subject matter of the agency involved or of several agencies.  H. Stuart Waxman, who concluded Valenzuela never was instructed to keep his hair at a certain length and that the suspension ruling by stewards Ingrid Fermin, George Slender and Tom Ward was ``arbitrary, capricious and an abuse of discretion.''

CHRB commissioners, who could have rejected or modified Waxman's opinion, voted unanimously to accept it. Board spokesman Mike Marten marten, name for carnivorous, largely arboreal mammals (genus Martes) of the weasel family, widely distributed in North America, Europe, and central Asia. Martens are larger, heavier-bodied animals than weasels, with thick fur and bushy tails.  said the commissioners attached a ``clarifying'' statement to their decision, claiming ``it was always the board's expectation and intent that hair-strand testing would be part of hair-follicle testing.''

``Oh, come on,'' Neil Papiano Neil Papiano was born in Salt Lake City, Utah, in 1934. He played football and baseball at Stanford University , where he received his B.A. in 1956 and his M.A. in 1957. He received his LL.B. from Vanderbilt University Law School in 1961, and affiliated with Phi Delta Phi. , Valenzuela's Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  attorney, said in a telephone interview. ``He (Marten) didn't really say that, did he?''

Papiano expressed satisfaction with the CHRB decision but also skepticism that Valenzuela will receive a new license without further complications.

``I can't imagine they can come up with anything else (to prevent Valenzuela from competing),'' Papiano said, ``unless he spat on the sidewalk without their permission.''

Indeed, Fermin - who has since become the CHRB's executive director - suggested Valenzuela is overoptimistic o·ver·op·ti·mis·tic  
adj.
Excessively optimistic.



over·opti·mism n.
 if he expects to be relicensed today. Fermin said board representatives are to meet Thursday with Papiano to discuss terms for Valenzuela's reinstatement. Since 1999, Valenzuela has ridden under ``conditional'' licenses requiring drug testing.

Speaking to the San Diego Union-Tribune on Friday, Fermin described the latest upending of a stewards' ruling on Valenzuela as ``the result of a technicality of the law.''

Since making his name by winning the 1989 Kentucky Derby and Preakness aboard Sunday Silence, the 42-year-old Valenzuela has served more than a dozen suspensions - ranging from a few days to nearly two years - for violations stemming from his battle with drug addiction.

Rivals are increasingly frustrated with Valenzuela's knack for wriggling out of suspensions. In April, after CHRB chairman John Harris ordered a suspension cut short while Valenzuela appealed, 18 jockeys at Hollywood Park signed a letter calling him a ``detriment to the horse racing industry.'' They argued that drug intoxication intoxication, condition of body tissue affected by a poisonous substance. Poisonous materials, or toxins, are to be found in heavy metals such as lead and mercury, in drugs, in chemicals such as alcohol and carbon tetrachloride, in gases such as carbon monoxide, and  could make him a danger on the track.

When he has been allowed to ride, ``P. Val'' has been among the sharpest jockeys in the nation. The 5-foot-5, 117-pound Colorado native, from a family of jockeys, counts 10 races with purses of $1 million or more

among more than 3,500 career victories. In 2003 he became only the second man to lead the standings at all five of Southern California's major thoroughbred meets in a single year.

Papiano said he submitted a new license application Dec. 21 along with evidence that Valenzuela has been taking and passing private drug tests. Anticipating Friday's decision, Valenzuela recently hired agent Ronnie Ebanks to book mounts for him.

``I've never lost faith in Jesus Christ, knowing he would get me back to racing,'' Valenzuela said from his Arcadia home, saying he has stayed fit with racquetball racquetball, sport played indoors by two or four players, combining elements of court handball and such racket games as squash racquets. It is played on a standard handball court 40 ft (12.2 m) long, 20 ft (6.  and running and has been attending addicts' support meetings.

Kevin Modesti, (818) 713-3616

heymodesti(at)aol.com

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Jockey Patrick Valenzuela is expected to race again after his suspension was lifted.

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Title Annotation:Sports
Publication:Daily News (Los Angeles, CA)
Date:Jan 8, 2005
Words:740
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