Lahtinen, J.
A random blood test in May 2006 on a horse trained by petitioner tested positive for a level of total carbon dioxide (hereinafter TC02) that exceeded the level allowed by the pertinent regulation (see 9 NYCRR former 4120.16, now codified at 9 NYCRR 4120.13). Two charges were brought against petitioner; first, that his horse had a TC02 level that violated the controlling regulation and, second, that petitioner's history of rule violations—...
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