De La Torre v. California Horse Racing BoardAnnotate this Case
Plaintiff, a quarter horse trainer, appeals the trial court's denial of his petition for a writ of administrative mandamus. Specifically, petitioner challenges a license suspension and fine imposed upon him by the Board after finding that he violated regulations, California Code of Regulations, title 4, section 1844, subdivision (e)(9), by racing horses medicated with a drug, Clenbuterol, that the Board had temporarily suspended from authorized use. The court concluded that the Board's interpretation of the regulation at the time it extended or reenacted the Clenbuterol ban and in the instant litigation is not entitled to deference because the Board has vacillated. The court explained that, after considering the regulation's text and history, a temporary suspension of authorized use of a particular substance under section 1844.1 may not be extended beyond 12 months through reenactment or extension of the temporary suspension. Therefore, the allegations against and findings of regulatory violations by plaintiff had no legal basis, and the penalties imposed upon him were equally invalid. Accordingly, the court reversed the judgment.