Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mosher v. State Harness Racing Commission

Supreme Court of Maine

July 12, 2016

MARC G. MOSHER
v.
STATE HARNESS RACING COMMISSION

          Argued: April 7, 2016

         Kennebec County Superior Court docket number AP-2014-69

         On the briefs:

          William H. Childs, Esq., Childs, Rundlett, Fifield & Altshuler, LLC, Portland, for appellant Marc G. Mosher

          Janet T. Mills, Attorney General, and Ronald O. Guay, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellee State Harness Racing Commission

         At oral argument:

          William H. Childs, Esq., for appellant Marc G. Mosher

          Ronald O. Guay, Asst. Atty. Gen., for appellee State Harness Racing Commission

          Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

          HUMPHREY, J.

         [¶1] Marc Mosher appeals from a judgment of the Superior Court (Kennebec County, Mullen, J.) affirming the denial by the State Harness Racing Commission of his application for licensure as a driver/trainer for horse harness racing in Maine. The Commission denied his application based on its conclusion that the reciprocal disciplinary action provision of the harness racing licensing statute, 8 M.R.S. § 283 (2015), prohibited the issuance of a Maine license because he had previously been denied a license in New York, despite the fact that New York had subsequently rescinded that license denial. We conclude that the Commission erred, vacate the judgment, and remand for further proceedings.

         I. BACKGROUND

         [¶2] The following facts are undisputed. On April 11, 2014, Mosher applied to the Commission to renew his driver/trainer license.[1] On his application, Mosher indicated that he had been suspended or barred by a racing authority in New York. In a letter dated May 28, 2014, the Commission informed Mosher that it was preliminarily denying his application because he had previously submitted an application to the New York State Racing and Wagering Board that had been denied in 2011. The Maine Commission quoted title 8 M.R.S. § 283, which provides:

         Reciprocal disciplinary action

The department [of Agriculture, Conservation and Forestry] shall obtain current listings from other jurisdictions of persons in harness racing occupations regulated by the commission who have been refused a license or who have had their license revoked or suspended. The commission shall refuse to license or shall suspend the license of any person who has been refused a license or who has had that person's license revoked or suspended in another jurisdiction until notification from the jurisdiction that refused to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.