PUBLIC

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

__________________________________________ 

) 

In the Matter of ) 

) 

Jeffrey Poole, ) Docket No. 9417 

) 

Appellant. ) 

__________________________________________)

ORDER

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 (the 

“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 (“ADMC”) 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. Appellant requests de novo review of the Decision pursuant to 16 C.F.R. § 1.146(b) and

further requests an evidentiary hearing to contest facts found by the Arbitrator and to supplement 

the Decision record with further testimony of Poole. 

HISA filed a response to the Notice of Appeal on September 18, 2023, requesting, inter 

alia, that Appellant’s request for an evidentiary hearing be denied and that the appeal be limited 

to briefing and/or oral argument. HISA asserts that Appellant has not identified any contested 

facts that are material to the Decision made below or identified any material evidence required to 

supplement the record below. Therefore, HISA argues, an evidentiary hearing is unnecessary. 

See Rule 1.146 (a)(1) (providing that HISA may file a response to notice of appeal stating the 

reasons that “an evidentiary hearing conducted by the Administrative Law Judge is either 

unnecessary, or necessary to supplement or to contest facts in the record found by the 

Authority”). 16 C.F.R. § 1.146(a)(1). 

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

the Horseracing Integrity and Safety Act (“Rules”) provides with regard to the factual record for 

appeal that “the Administrative Law Judge may rely in full or in part on the factual record 

developed before the Authority” and that “[t]he record may be supplemented by an evidentiary 

hearing conducted by the Administrative Law Judge to ensure each party receives a fair and 

impartial hearing.” 16 C.F.R. § 1.146(c) (emphasis added). Rule 1.146(c)(2) further requires the 

Administrative Law Judge to assess, based on the notice of appeal and the response thereto, 

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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).

Based on the filings of the parties, and in order to facilitate the assessment required under 

Rule 1.146(c)(2), it is hereby ORDERED that, no later than September 25, 2023, Appellant shall 

submit (1) a statement of the facts found by the Arbitrator that Poole seeks to contest in the 

requested evidentiary hearing, together with a demonstration as to how such facts are material to 

the decision being appealed; and (2) a summary of the proposed testimony of Poole that 

Appellant seeks to submit at the requested evidentiary hearing, together with a demonstration as 

to how such testimony is supplemental to testimony already contained in the evidentiary record 

below. 

ORDERED: 

 D. Michael Chappell

 Chief Administrative Law Judge 

Date: September 19, 2023 

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