PUBLIC

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

__________________________________________

)

In the Matter of ) 

)

Joseph Peacock and Oscar Ceballos, ) Docket No. 9415

 )

Appellants. )

__________________________________________)

ORDER GRANTING MOTION FOR ISSUANCE

OF SUBPOENAS AD TESTIFICANDUM

On July 7, 2023, Appellants Joseph Peacock and Oscar Ceballos (collectively, 

“Appellants”) filed a Motion for Issuance of Subpoenas, pursuant to 15 U.S.C. § 3051 et seq., 

5 U.S.C. § 556 et seq., and 16 C.F.R. § 1.145 et seq. (“Motion”). Appellants move for the 

issuance of subpoenas ad testificandum to compel the appearances and testimony of two 

witnesses at the evidentiary hearing scheduled for July 13, 2023. The witnesses are (1) Larry L. 

Fontenot, Jr., the Chief Steward of the three Albuquerque Downs Racetrack stewards (the 

“Stewards”) who issued the September 25, 2022 ruling and civil sanction against Appellants; and 

(2) Jeff Williams, an industry expert on whom the Horseracing Integrity and Safety Authority 

(“HISA”) has relied on in the past. Appellants assert that the witnesses’ testimony is “relevant, 

material, and reliable” as to one or more of Appellants’ bases for appeal, including that the 

Stewards were incorrect in their determination that Appellant Ceballos violated Rule 2280 and 

that the record was insufficient such that it did not allow for the Stewards’ September 25, 2022 

ruling and civil sanction. 

The Horseracing Integrity and Safety Act sets forth: “An administrative law judge shall 

conduct a hearing under this subsection in such a manner as the Commission may specify by 

rule, which shall conform to section 556 of title 5.” 15 U.S.C. § 3058(b)(2)(B). Section 556 of 

the Administrative Procedures Act provides that employees presiding at hearings may issue 

subpoenas authorized by law. 5 U.S.C. § 556(c). Pursuant to these authorities, the Motion is 

GRANTED.

Attached to this Order are the requested subpoenas ad testificandum compelling the 

appearances of Mr. Fontenot and Mr. Williams at the evidentiary hearing on July 13, 2023. 

Appellants are required to serve the subpoenas on the witnesses.

ORDERED:

D. Michael Chappell

Chief Administrative Law Judge

Date: July 7, 2023
2. LOCATION OF HEARING 3. DATE AND TIME OF HEARING

Federal Trade Commission 

Remote via Zoom

Thursday, July 13, 2023 

12:00p.m. EST

1. TO

Larry L. Fontenot, Jr.

New Mexico Racing Commission 

4900 Alameda Boulevard NE, Suite A 

Albuquerque, NM 87113 

larry.fontenot@rc.nm.gov

This subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of 

Counsel listed in Item 7 at a hearing in the proceeding described in Item 4.

4. SUBJECT OF PROCEEDINGS

Docket 9415 - In re Joseph Peacock and Oscar Ceballos

5. RECORDS YOU MUST BRING WITH YOU

6. ADMINISTRATIVE LAW JUDGE

D. Michael Chappell

7. COUNSEL REQUESTING SUBPOENA

Nolan M. Jackson 

Frost Brown Todd LLP

20 F Street NW, Suite 850

Washington, DC 20001

DATE ISSUED

July 7, 2023

ADMINISTRATIVE LAW JUDGE'S SIGNATURE

INSTRUCTIONS AND NOTICES

The delivery of this subpoena to you by any method prescribed by the 

Commission's Rules of Practice is legal service and may subject you 

to a penalty imposed by law for failure to comply. This subpoena

does not require approval by OMB under the Paperwork Reduction 

Act of 1980.

PETITION TO LIMIT OR QUASH

The Commission's Rules of Practice require that any petition to limit 

or quash this subpoena be filed within 20 days after service, or, if the 

return date is less than 20 days after service, prior to the return date. 

The original and twelve copies of the petition must be filed with the 

Secretary of the Federal Trade Commission, and one copy should be 

sent to the Commission Counsel named in Item 8.

YOUR RIGHTS TO REGULATORY ENFORCEMENT 

FAIRNESS

The FTC has a longstanding commitment to a fair regulatory 

enforcement environment. If you are a small business (under Small 

Business Administration standards), you have a right to contact the 

Small Business Administration's National Ombudsman at 1-888- 

REGFAIR (1-888-734-3247) or www.sba.gov/ombudsman regarding the 

fairness of the compliance and enforcement activities of the agency.

You should understand, however, that the National Ombudsman cannot 

change, stop, or delay a federal agency enforcement action.

The FTC strictly forbids retaliatory acts by its employees, and you will 

not be penalized for expressing a concern about these activities.

TRAVEL EXPENSES

Use the enclosed travel voucher to claim compensation to which you are entitled as a witness for the Commission. The completed travel voucher and this 

subpoena should be presented to Commission Counsel for payment. If you are permanently or temporarily living somewhere other than the address on 

this subpoena and it would require excessive travel for you to appear, you must get prior approval from Commission Counsel. Witness travelers can 

contact the FTC travel office for guidance at (202) 326-3299 or travel@ftc.gov. PLEASE NOTE: Reimbursement for necessary transportation, lodging, 

and per diem expenses cannot exceed the maximum allowed for such expenses by an employee of the federal government.

A copy of the Commission's Rules of Practice is available online at http://bit.ly/FTCsRulesofPractice. Paper copies are available upon request.

FTC Form 69 (rev 06/2020)

United States of America 

Federal Trade Commission

Subpoena to Testify at an Adjudicative Hearing

PUBLIC
RETURN OF SERVICE

I hereby certify that a duplicate original of the within 

subpoena was duly served: (check the method used)

in person.

by registered mail.

by leaving copy at principal office or place of business, to wit:

on the person named herein on:

(Month, day, and year)

(Name of person making service)

(Official title)

PUBLIC
2. LOCATION OF HEARING 3. DATE AND TIME OF HEARING

Federal Trade Commission 

Remote via Zoom

Thursday, July 13, 2023 

12:00p.m. EST

1. TO

Jeff Williams

26000 East Quincy Avenue 

Aurora, CO 80016 

This subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of 

Counsel listed in Item 7 at a hearing in the proceeding described in Item 4.

4. SUBJECT OF PROCEEDINGS

Docket 9415 - In re Joseph Peacock and Oscar Ceballos

5. RECORDS YOU MUST BRING WITH YOU

6. ADMINISTRATIVE LAW JUDGE

D. Michael Chappell

7. COUNSEL REQUESTING SUBPOENA

Nolan M. Jackson 

Frost Brown Todd LLP

20 F Street NW, Suite 850

Washington, DC 20001

DATE ISSUED

July 7, 2023

ADMINISTRATIVE LAW JUDGE'S SIGNATURE

INSTRUCTIONS AND NOTICES

The delivery of this subpoena to you by any method prescribed by the 

Commission's Rules of Practice is legal service and may subject you 

to a penalty imposed by law for failure to comply. This subpoena

does not require approval by OMB under the Paperwork Reduction 

Act of 1980.

PETITION TO LIMIT OR QUASH

The Commission's Rules of Practice require that any petition to limit 

or quash this subpoena be filed within 20 days after service, or, if the 

return date is less than 20 days after service, prior to the return date. 

The original and twelve copies of the petition must be filed with the 

Secretary of the Federal Trade Commission, and one copy should be 

sent to the Commission Counsel named in Item 8.

YOUR RIGHTS TO REGULATORY ENFORCEMENT 

FAIRNESS

The FTC has a longstanding commitment to a fair regulatory 

enforcement environment. If you are a small business (under Small 

Business Administration standards), you have a right to contact the 

Small Business Administration's National Ombudsman at 1-888- 

REGFAIR (1-888-734-3247) or www.sba.gov/ombudsman regarding the 

fairness of the compliance and enforcement activities of the agency.

You should understand, however, that the National Ombudsman cannot 

change, stop, or delay a federal agency enforcement action.

The FTC strictly forbids retaliatory acts by its employees, and you will 

not be penalized for expressing a concern about these activities.

TRAVEL EXPENSES

Use the enclosed travel voucher to claim compensation to which you are entitled as a witness for the Commission. The completed travel voucher and this 

subpoena should be presented to Commission Counsel for payment. If you are permanently or temporarily living somewhere other than the address on 

this subpoena and it would require excessive travel for you to appear, you must get prior approval from Commission Counsel. Witness travelers can 

contact the FTC travel office for guidance at (202) 326-3299 or travel@ftc.gov. PLEASE NOTE: Reimbursement for necessary transportation, lodging, 

and per diem expenses cannot exceed the maximum allowed for such expenses by an employee of the federal government.

A copy of the Commission's Rules of Practice is available online at http://bit.ly/FTCsRulesofPractice. Paper copies are available upon request.

FTC Form 69 (rev 06/2020)

United States of America 

Federal Trade Commission

Subpoena to Testify at an Adjudicative Hearing

PUBLIC
RETURN OF SERVICE

I hereby certify that a duplicate original of the within 

subpoena was duly served: (check the method used)

in person.

by registered mail.

by leaving copy at principal office or place of business, to wit:

on the person named herein on:

(Month, day, and year)

(Name of person making service)

(Official title)

PUBLIC