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EXHIBIT A

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HORSERACING INTEGRITY AND SAFETY AUTHORITY

ACTION NO. 2022-00431 

IN RE: APPEAL OF JOSEPH PEACOCK 

AND OSCAR CEBALLOS APPELLANTS 

DECISION ON APPEAL

This matter arises under the jurisdiction of the Horseracing Integrity and Safety Authority 

(the “Authority”) established pursuant to the Horseracing Integrity and Safety Act (the “Act) at 15 

U.S.C. § 3051, et seq. 

On September 25, 2022, a stewards ruling was issued by Stewards at Albuquerque Downs

to Joseph Peacock, Jr. (“Appellant Peacock”), as owner of a Covered Horse registered as 

SHERIFF BROWN and to Oscar Ceballos (“Appellant Ceballos”), as jockey of SHERIFF 

BROWN. The ruling stated that Appellant Ceballos violated HISA Rule 2280, Use of Riding 

Crop, by striking SHERIFF BROWN eleven times during the running of the sixth race at 

Albuquerque Downs on September 24, 2022. As a result of Appellant Ceballos’ violation of Rule 

2280, the Stewards imposed a fine of $500.00, a three-day suspension from participating in a 

Covered Horserace, five HISA points, and disqualification of SHERIFF BROWN from any 

eligible purse earnings. 

Pursuant to Rule 8350, Appellants Ceballos and Peacock appealed the decision to the 

Board of the Authority (the “Board”) for review. The standard of review for appeals to the Board 

is set forth in Rule 8350(f): “Upon review of the decision which is the subject of the appeal, the 

Board shall uphold the decision unless it is clearly erroneous or not supported by the evidence or 

applicable law.”

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Notice of the appeal hearing was served electronically on both Appellants on March 6, 

2023. In accordance with the notice, the Board convened remotely via Zoom on Monday, March 

27, 2023, at approximately 10:30 a.m. EDT. Attorneys Bryan H. Beauman and Rebecca C. Price 

appeared as counsel for the Authority. Attorney Joel Turner appeared as counsel for the 

Appellants. Appellant Ceballos and Appellant Peacock appeared for the hearing and were 

accompanied by the trainer of SHERIFF BROWN, Todd Fincher. All parties were provided the 

opportunity to present testimony, evidence, and argument to the Board, and did so. The Board 

notes that both parties received excellent legal representation. 

After hearing the evidence, the Board retired to deliberate, and then rendered its decision 

on the record. This was a factually difficult and well-argued case. The Board did not reach a view 

on how it would have decided the matter in a de novo setting. The standard of review, however, 

is whether the stewards ruling in this case is clearly erroneous or is not supported by the evidence 

and applicable law. The Board finds there was no clear error, and that the stewards’ ruling was 

supported by evidence and applicable law, and therefore AFFIRMS the stewards ruling and the 

attendant sanctions imposed upon Appellants, including disqualification of SHERIFF BROWN

from any eligible purse earnings in connection with the sixth race on September 24, 2022, at 

Albuquerque Downs. Appellant Ceballos shall have thirty (30) days from the date of the order to 

pay any fine and will serve dates of suspension to be set by the stewards at Albuquerque Downs. 

This decision is the final decision of the Authority pursuant to 15 U.S.C. § 3058. 

APPEAL RIGHTS

 Pursuant to 15 U.S.C. § 3058(b), the Appellants may appeal the civil sanction imposed by 

this decision to the Federal Trade Commission within 30 days of the Authority’s submission to the 

Federal Trade Commission of notice of the civil sanction. The Authority will provide notice of 

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this decision to the Federal Trade Commission on the date that this decision is issued to the 

Appellants. 

So ORDERED this 17th day of May, 2023. 

______________________________ 

Charles P. Scheeler 

Chair, Board of Directors 

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CERTIFICATE OF ISSUANCE 

Undersigned counsel certifies that on May 17, 2023, this Decision on Appeal was issued 

via first class mail and email to: 

Joel Turner 

jturner@fbtlaw.com

400 West Market Street, Suite 3200 

Louisville, Kentucky 40202 

Bryan Beauman

bbeauman@sturgillturner.com

333 West Vine Street, Suite 1500 

Lexington, Kentucky 40507 

/s/ John Forgy 

John Forgy 

Counsel to HISA 

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EXHIBIT B 

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