PUBLIC 

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

__________________________________________ 

) 

In the Matter of ) 

) 

Jeffrey Poole, ) Docket No. 9417 

) 

Appellant. ) 

__________________________________________)

ORDER SETTING BRIEFING SCHEDULE

I.

On September 8, 2023, Appellant Jeffrey Poole (“Appellant” or “Poole”), 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., filed a Notice of 

Appeal and Application for Review of an August 8, 2023 decision of an arbitrator appointed by 

the Horseracing Integrity Welfare Unit (“HIWU”) of the Horseracing Integrity and Safety 

Authority (“HISA”) (the “Decision”). The Decision determined that Poole violated Rule 3214(a) 

of HISA’s Anti-Doping Medication Control Program by possessing Levothyroxine, a banned 

substance, and imposed civil sanctions of a 22-month suspension, a $10,000 fine, and a 

contribution to the arbitration costs of HIWU in the amount of $8,000. 

In his Notice of Appeal, Poole requested an evidentiary hearing to contest the facts found 

by the arbitrator and to supplement the record with further testimony. Appellant further asserted 

that the civil sanctions imposed upon him were arbitrary, capricious, an abuse of discretion 

prejudicial, or otherwise not in accordance with law and thereby reviewable by this tribunal 

pursuant to 15 U.S.C. § 3058(b)(2)(A) and 16 C.F.R. §1.146(b)(3). HISA filed a response to the 

Notice of Appeal on September 18, 2023, asserting, inter alia, that Appellant failed to identify 

any material facts in dispute and that an evidentiary hearing was unnecessary. 

Rule 1.146(c)(2) of the Procedures for Review of Final Civil Sanctions Imposed under 

the Horseracing Integrity and Safety Act (“Rules”) requires the Administrative Law Judge of the 

Federal Trade Commission to assess, based on the notice of appeal and the response thereto, 

whether there are contested facts and whether supplementation of the record below is necessary. 

16 C.F.R. § 1.146 (c)(2)(i)-(iii), (v). On September 19, 2023, in order to facilitate the assessment 

required under Rule 1.146, Appellant was directed to submit a statement specifically identifying 

the material facts in dispute and summarizing the proposed supplemental testimony (September 

19 Order). On September 25, 2023, Appellant submitted his response to the September 19 Order 

in which he withdrew his request for an evidentiary hearing to contest facts and to supplement 

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the record and reasserted his appeal of the civil sanctions imposed upon him as arbitrary, 

capricious, an abuse of discretion prejudicial, or otherwise not in accordance with law. 

II.

Pursuant to Rule 1.146(c)(2), based on the Notice of Appeal, HISA’s response thereto, 

and the September 25, 2023 submittal of Appellant, neither party seeks to supplement or contest 

the facts found by HISA, the factual record is sufficient to adjudicate the merits of the review 

proceeding, and an evidentiary hearing is unnecessary. 16 C.F.R. § 1.146(c)(2). 

Therefore, in accordance with Rule 1.146(c)(3), this administrative appeal will be limited 

to briefing by the parties on the issue of the civil sanctions. 16 C.F.R. § 1.146(c)(3). The parties 

are directed to concurrently file with the Federal Trade Commission’s Office of the Secretary, by 

October 10, 2023, proposed conclusions of law, a proposed order, and a supporting legal brief 

providing the party’s reasoning. Such filings are limited to 7,500 words, must be served on the 

other party, and must contain references to the record and authorities on which they rely. Reply 

conclusions of law and briefs, limited to 2,500 words, may be filed by each party within 10 days 

of service of the initial filings. 16 C.F.R. § 1.146(c)(3). 

ORDERED: 

 D. Michael Chappell

 Chief Administrative Law Judge 

Date: September 28, 2023 

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