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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

FTC DOCKET NO. _________

ADMINISTRATIVE LAW JUDGE: ____________________

IN THE MATTER OF:

DR. LARRY OVERLY, DVM

APPELLANT

NOTICE OF APPEAL AND APPLICATION FOR REVIEW

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.,

Dr. Larry Overly, DVM (“Appellant”) hereby appeals Arbitrator Laura C. Abrahamson’s

(“Arbitrator”) August 21, 2025 decision in JAMS Case No. 1501000995 (“Decision”, Exhibit A),

finding that Appellant violated Anti-Doping Medication Control (“ADMC”) Program Rule

(“Rule”) 3214(a),1 Possession of Banned Substances.2 Decision, ¶ 8.1. On August 25, 2025, the

Horseracing Integrity and Safety Authority (“HISA”) notified Appellant of the final civil sanctions

(“Sanctions,” Exhibit B).3 Appellant requests de novo review of the Decision under 16 C.F.R.

1.146(b)(1)-(3) for the following reasons:

First, the Arbitrator erroneously found a Rule 3214(a) violation because Appellant

established, by a preponderance of the evidence, that he/his practice had “compelling justification”

for Possession of Banned Substances. Decision, ¶ 8.1; 16 C.F.R. §§ 1.146(b)(1)-(2). Official

guidance from HIWU’s Chief of Science, Dr. Mary Scollay, provided that veterinarians with

partially Non-Covered practices are “able to possess a Banned Substance because [HIWU and

HISA] don’t have authority to control the medications they administer or carry for Non-Covered

Horses…at the end of the day if someone is practicing out in the county we don’t have the authority

to control the medications they administer or carry for Non-Covered horses…the regulation

addresses if there is a justification for them to be in Possession of a Banned Substance and certainly

1

“Possession” is a violation “unless there is compelling justification for such Possession.” Rule 3214(a).

On July 23, 2024, Appellant possessed one tub of Isoxsuprine powder and four injectable vials of

Testosterone in his practice’s veterinary truck. Decision, ¶¶ 2.12, 4.2.3(a)-(b).

3

The Sanctions are twenty-three months Ineligibility from August 25, 2025 to February 25, 2025, a $25,000

fine, a contribution of $15,000 towards the Horseracing Integrity and Welfare Unit’s (“HIWU”) share of

the arbitration costs of the proceeding and public disclosure. Exhibit B, p. 1.

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a practice that incorporates Non-Covered horses.” Decision, § 4.47. Appellant relied on Dr.

Scollay’s public statements and established “compelling justification” through records and

testimony demonstrating that his practice regularly used, or intended to use, the Banned Substances

at issue in his Non-Covered practice and, consequently, that he was permitted to be in possession

of those substances. Decision, §§ 4.2.6, 6.4.8-6.4.11.

Second, the penalty assessed was arbitrary, capricious, an abuse of discretion, prejudicial,

or otherwise not in accordance with law. 16 C.F.R. §§ 1/146(b)(3). The Arbitrator erroneously

found that Appellant did not demonstrate “No Fault or Negligence” (“No Fault”) and failed to

properly expunge the penalties pursuant to Rule 3224. Decision, ¶ 7.8.3-7.8.6. Rule 3224. Under

the ADMC Program, “Fault” is defined as “any breach of duty or any lack of care appropriate to a

particular situation,” assessment of which is based on consideration of factors including “the

Covered Person’s experience and special considerations such as impairment, the degree of risk that

should have been perceived by the Covered Person, and the level of care and investigation

exercised by the Covered Person in relation to what should have been the perceived level of risk.”

Decision, ¶ 5.10. Here, Appellant exercised the standard of care reasonable for a Covered Person

in his situation given that he did due diligence, located Dr. Scollay’s statement that a Non-Covered

practice could provide compelling justification for the possession of Banned Substances,

communicated directly with the Chief Veterinary Officer at Los Alamitos about compliance, and

could not have “suspected” he committed a violation. A reasonable veterinarian with a NonCovered practice would have understood Dr. Scollay’s comments to mean that he or she can carry

Banned Substances if they have proper records demonstrating Non-Covered use or intended use.

Despite Appellant’s credible testimony that he reasonably believed that Dr. Scollay’s statements

indicated that if he was working on Non-Covered horses he was entitled to carry the medication

that he was legally allowed to possess and that he relied on that statement, the Arbitrator wrongly

concluded that Appellant did not exercise the care of a reasonable veterinarian and that his

“objective fault is considerable, putting him in the uppermost range of objective fault.” Decision,

¶ 7.18.3-7.18.14. For these same reasons, if there is any fault, which is denied, it is minimal and

the sanctions should have been reduced accordingly pursuant to Rule 3225. Rule 3225.

Pursuant to 16 CPR l.146(a)(l), Appellant requests an evidentiary hearing. Appellant

requests a hearing to contest facts that the Arbitrator claimed she found as well as the interpretation

of the law that formed the basis for the imposition of the Sanctions.

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Further, pursuant to 16 C.F.R. 1.148, Appellant requests a stay of the Decision and

Sanctions during the pendency of the Administrative Law Judge's review.

DATED:

September 24, 2025

Respectfully submitted,

~~~

Cal. Bar No. 149709

Law Offices of Howard L. Jacobs

31111 Agoura Rd., Suite 225

Westlake Village, CA 91361

Telephone (805) 418-9892

Fax (805) 418-9899

Email: howard.jacobs@athleteslawyer.com

Attorney at Law

215 North Marengo Avenue, Third Floor

Pasadena, California 91101-1504

Telephone (626) 844-677

Fax (626) 795-0353

Email: gwallace@wbslaw.com

Counsel/or Appellant Larry Overly

CERTIFICATE OF SERVICE

Pursuant to 16 CFR 1.146(a) and 16 CPR 4.4(b), a copy of the forgoing Notice ofAppeal and

Application for Review and Exhibits is being served this 24th day of September 2025 via First

Class mail and/or electronic mail upon the following:

Allison J. Farrell

Michelle C. Pujals

Horseracing Integrity & Welfare Unit

4801 Main Street, Suite 350

Kansas, MO 64112-2749

afarrell@hiwu.org

. mpujals@hiwu.org

COUNSEL FOR HIWU

A Division of Drug Free Snort. LLC

Alexandria Matic

TyrLLP

488 Wellington Street Wst,

Suite 300-302

Toronto, ON M5V1E3 Canada

amatic@tvrllp.com

COUNSEL FOR HIWU

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Hon. D. Michael Chappell

Chief Administrative Law Judge

Office of Administrative Law Judges

Federal Trade Commission

600 Pennsylvania Avenue NW

Washington DC 20580

Copies Via Email to oalj@ftc.gov and

electronicfilings@ftc.gov

Office of the Secretary

Federal Trade Commission

600 Pennsylvania Avenue NW

Washington DC 20580

John Roach

Randsdell Roach & Royse PLLC

176 Pasadena Drive Bldg. 1

Lexington, KY 40503

john@rrrfirm.com

COUNSEL FOR HISA

Samuel Reinhardt

201 E. Main Street, Ste. 340

Lexington, KY 40507

Samuel.reinhardt@hisaus.org

COUNSEL FOR HISA

Lisa Lazarus

201 E. Main Street, Ste. 340

Lexington, KY 40507

lisa.lazarus@hisaus.org

CEO OF HISA

Laura C. Abrahamson

c/o JAMS

1925 Century Park East, 14th Floor

The Watt Plaza, Los Angeles, CA 90067

and/or

555 West 5th St., 32nd Floor,

Los Angeles, CA 90013

Labrahamson@jamsadr.com

JAMS ARBITRATOR

Executed on September 24, 2025, at Brea, California.

Katlin N. Freeman

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EXHIBIT 1

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BEFORE THE HORSERACING INTEGRITY AND SAFETY AUTHORITY’S

ANTI-DOPING AND MEDICATION CONTROL PROGRAM ARBITRATION

PANEL

ADMINISTERED BY JAMS, CASE NO. 1501000995

In the Matter of the Arbitration Between:

HORSERACING INTEGRITY WELFARE UNIT (“HIWU” or “Claimant”),

Claimant

v.

DR. LARRY OVERLY (“Dr. Overly” or “Respondent”),

CORRECTED FINAL AWARD

I, THE UNDERSIGNED ARBITRATOR, having been designated, and having

been duly sworn, and having duly heard the allegations, arguments, submissions,

proofs, and evidence submitted by the Parties, after a full evidentiary hearing occurring

by zoom on May 28, 2025 pursuant to the Horseracing Integrity and Safety Act of 2020

and its implementing regulations, do hereby FIND and DECIDE as follows:

I.

INTRODUCTION

1.1 This case involves allegations of a commitment of a two Equine AntiDoping Rule Violations (“ADRVs”) for Possession of Banned Substances,

Testosterone and Isoxsuprine by Dr. Overly under the Horseracing Integrity and

Safety Authority’s (“HISA”) Anti-Doping and Medication Control Program (“ADMC

Program”) Rule 3214 on July 23, 2024.

1.2 HIWU is the Claimant in this case and is the United States governmentrecognized entity responsible for sample collection and results management in the

anti-doping testing of thoroughbred racehorses in the United States, pursuant to the

Horseracing Integrity Act of 2020, 15 U.S.C. secs. 3051-3060. HIWU was

represented in these proceedings by Allison Farrell, Esq., Senior Litigation Counsel of

HIWU, and Alexandria Matic of Tyr, LLP, of Toronto, Ontario, Canada.

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1.3 Dr. Overly is a veterinarian who cares for and treats both throroughbred

racehorses at Los Alamitos Race Course in Cypress, California (“Covered Horses”)

and quarterhorses and other horses not covered by the HISA regulations (“Non

Covered Horses”) predominantly at the Los Alamitos Race Course but also at other

locations in California. Dr. Overly was represented in these proceedings by Andrew J.

Mollica based in Garden City, New York.

1.4 Throughout this Final Award, HIWU and Dr. Overly shall be referred to

individually as “Party” and collectively as “Parties.”

II. PROCEDURAL HISTORY

2.1 Pursuant to the HIWU Anti-Doping Medication Control Program Rules

7290 (Arbitration Procedures) a preliminary conference was held by Zoom on

December 10, 2024 with all parties. Allison Farrell, Esq., and Alexandra Matic, Esq.

appeared on behalf of HIWU. Andrew Mollica, Esq. appeared on behalf of Dr. Overly

(individually, HIWU and Dr. Overly shall be referred to herein as “Party” and

collectively as “Parties”).

2.2 On December 10, 2024, the Arbitrator issued Procedural Order No. 1,

which provided in pertinent part:

“4. Briefs and Exhibits

a. Each Party shall serve and file electronically a prehearing Brief on

all significant disputed issues, setting forth briefly the party’s positions

and the supporting arguments and authorities, on the dates specified

below:

i. Claimant’s Pre-Hearing Brief: January 17, 2025;

ii. Respondent’s Pre-Hearing Brief: January 31, 2025; and

iii. Claimant’s reply Pre-Hearing Brief: February 14, 2025.

b. The Parties shall submit their exhibits to be used at the hearing,

electronically to the Arbitrator and the other party on the dates their

respective initial pre-hearing briefs are due. The parties also shall

include with their respective submissions an index to the exhibits.

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c. Claimant shall use letters and Respondent shall use numbers to mark

their exhibits. To the extent that one party has submitted an exhibit that

another party also intends to use (such as the World Anti-Doping Code

or the USADA Protocol), the other should not include a second copy of

that document in its own exhibits but should otherwise refer to the

exhibit submitted by the other side. The Parties shall endeavor to agree

on a joint set of exhibits to minimize duplication. If possible, to make the

hearing proceed more smoothly electronically, the Parties shall file their

exhibits as an indexed .pdf file such that the Arbitrator and any Party

could click on the index and be taken directly to the exhibit within the

.pdf file of all exhibits.

d. The Parties also agreed to deliver a hard copy of their submissions,

including witness statements and exhibits, printed double sided, to the

Arbitrator at 655 Longfellow Avenue, Hermosa Beach, CA 90254 with

no signature required.

5. Stipulation to Extend Time and Waiver of Jurisdictional Time Limits.

The Parties met and conferred before the preliminary conference and

stipulated and agreed at the preliminary conference to extend the time limits

for filing their briefs and holding the Hearing. The Parties expressly stipulated

that they waived any jurisdictional time limits.

6. Stipulations of Uncontested Facts and Procedure.

The Parties agreed to submit a Stipulation of Uncontested Facts on or before

the date the first pre-hearing brief is due from Claimant.

7. Witnesses.

a. Claimant shall serve and file a disclosure of all witnesses reasonably

expected to be called by Claimant on or before the due date of its prehearing brief.

b. Respondent shall serve and file a disclosure of all witnesses

reasonably expected to be called on or before the due date of its initial

pre-hearing brief.

c. The disclosure of witnesses shall include the full name of each witness,

a short summary of anticipated testimony sufficient to give notice to the

other side of the general areas in which testimony shall be given, copies

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of experts’ reports and a written C.V. of any experts. If certain required

information is not available, the disclosures shall so state. Each party

shall be responsible for updating its disclosures as such information

becomes available. The duty to update the information continues up to

and including the date that hearing(s) in this matter terminate. The

Arbitrator encourages the Parties to submit sworn witness statements

which would constitute their direct testimony, requiring only crossexamination after a witness confirms their witness statement.

d. The parties shall coordinate and make arrangements to schedule the

attendance of witnesses at the Hearing (defined below) so that the case

can proceed with all due expedition and without any unnecessary delay.

e. The Parties shall on or before February 21, 2025 agree upon and

submit to the Arbitrator the order of witnesses to testify at the hearing

that they have been able to agree upon; if the Parties are unable to so

agree, they shall submit their respective positions by said deadline.

8. Hearing.

The Parties agreed the Hearing in this matter will commence before the

Arbitrator in person on February 26, 2025 starting at 9:00 am local time at the

JAMS Los Angeles Resolution Center located at 555 W. 5 th Street, 32nd Floor,

Los Angeles, CA 90013.

9. Submission of Documents.

All documents due to be submitted hereunder shall be submitted using the

JAMS Access system and hard copies shall also be delivered to the Arbitrator,

no signature required, at 655 Longfellow Avenue, Hermosa Beach, California

90254.

10. Further Disputes Process.

To the extent any dispute arises between the Parties beyond what has been

stated already, any Party wishing to bring that dispute to the attention of the

Arbitrator shall do so promptly after such dispute arises by sending a brief

email to the Arbitrator, copied to the other side and JAMS (and filing on the

JAMS Access system), outlining in basic, brief, general terms the nature of the

dispute, their position thereon, and the relief being requested with relation

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thereto. The other side shall file a response, distributed to the same email list

(and file with JAMS Access) and in line with the original email shortly

thereafter briefly outlining in basic, general terms the nature of the dispute and

their position thereon. There shall be no response to that email. The Arbitrator

will, based on these two emails, determine the next steps with respect to

resolving the dispute.

11. Miscellaneous Provisions.

a. All deadlines and requirements stated herein will be strictly enforced.

Any deviation requires the permission of the Arbitrator based on a

showing of good cause by the Party seeking an extension of time.

b. The Parties shall not have any ex parte contact with the Arbitrator.

All communications with the Arbitrator are to be copied to the other

side, and the JAMS case manager, at the same time as the

communications are made to the Arbitrator and in the same form.

c. Unless specified otherwise herein, for all deadlines for any Party to

take any action under this Order, the time by which such action shall be

due for each such designated action shall be midnight Pacific Time on

the date given.

d. The Parties’ attention is drawn to the relevant provisions of the

procedural rules that limit the liability of the Arbitrator in these

proceedings. The Arbitrator agrees to participate in these proceedings

on the basis that, and in reliance on the fact that, those provisions apply

and the Parties agree to be bound by them. If any Party disagrees that

those provisions apply here, they must notify the Arbitrator within seven

(7) days of the date of this order in writing.”

2.3 The Parties complied with the deadlines and other requirements set forth in

Procedural Order No. 1:

a. On or about January 17, 2025, HIWU submitted its pre-hearing brief

(“HPHB”), book of authorities and a book of evidence and exhibits which

contained Exhibits A – D, Exhibit E (the written witness statement of Brian

Bennett dated January 17, 2025 with Exhibits A- E thereto).

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b. On or about January 31, 2025 Dr. Overly submitted his pre-hearing brief

(“OPHB”), book of authorities and book of evidence and exhibits which

contained: the declaration and witness statement of Dr. Overly, Exhibits Tab 2,

and Tab 3, the declaration and witness statement of Jessica Ingram dated January

31, 2025, the declaration and witness statement of Cassandra Corbett dated

January 31, 2025 and Exhibits 1-4 attached thereto, Exhibit Tabs 6, Tab7 and

Tab 8.

c. On or about February 15, 2025, HIWU submitted its reply brief (“ARB”),

its reply book of authorities and its reply book of evidence and exhibits

(“ARBE”), which contained: the witness statement of Dr. Mary Scollay dated

February 12, 2025, with Exhibit A thereto, a second witness statement from Mr.

Brian Bennett dated February 13, 2025, and an expert report from Dr. Dionne

Benson dated February 14, 2025 together with Exhibit A thereto (her cv).

2.4 On or about February 24, 2025, the Parties notified JAMS that they had

reached a settlement and the evidentiary Hearing scheduled for February 26, 2025 was

taken off calendar.

2.5 In April of 2025, the Parties notified JAMS that the settlement had fallen

through and asked that the evidentiary Hearing be reset.

2.6 A zoom conference was held with the Parties on or about April 18, 2025.

Following that conference the Parties notified JAMS they had agreed to hold the

evidentiary Hearing on May 28, 2025. The Parties provided an agreed upon procedure

on or about April 23, 2025.

2.7 On or about May 20, 2025, the Parties submitted a revised schedule and

witness order.

2.8 Pursuant to the agreement of the Parties, both HIWU and Dr. Overly made

submissions to supplement the written record on or about May 20, 2025. HIWU

submitted Supplementary Authorities Tabs 1 and 2. Dr. Overly submitted

Supplemental Exhibits 1A-1F, and 2.

2.9 On or about May 22, 2025, HIWU objected to Dr. Overly including the PreHearing Demand letter as Exhibit Dr. Overly submitted objections to HIWU

Authority 1 and 2 contained within HIWU’s Supplemental Authorities.

2.10 A final pre-hearing conference was held on May 23, 2025 with the Parties.

Ms. Farrell and Ms. Matic appeared for HIWU and Mr. Mollica appeared for

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Respondent. The Parties agreed that each side would present brief opening statements

at the start of the Hearing.

Evidentiary Hearing

2.11 The evidentiary Hearing proceeded in person at the JAMS Resolution

Center in Los Angeles on May 28, 2025. Ms. Farrell and Ms. Matic appeared for

HIWU and Mr. Mollica appeared for Dr. Overly. Dr. Overly was also present. At the

start of the Hearing, the witness statements provided by both Parties were admitted

into evidence along with the exhibits the Parties had submitted.

2.12. The following witnesses and experts testified at the Hearing:

a. Brian Bennett, lead HIWU investigator testified as to his search of Dr.

Overly’s truck on July 23, 2024 and his subsequent investigation;

b. Dr. Mary Scollay, HIWU’s Chief of Science testified as to the education

seminars she conducted prior to the enactment of the ADMC Program and the

obligations of Covered Persons under the Program;

c. Dr. Dionne Benson, Chief Veterinary Officer of I/ST Racing provided

her expert opinion on the records Dr. Overly produced to support his proffered

justification for possessing Testosterone and Isoxsuprine, the use of those

substances in a veterinary practice and DEA record keeping obligations;

d. Cassandra Corbett, the manager of Dr. Overly’s veterinary practice

testified how she had compiled the records produced from Dr. Overly’s practice;

e. Dr. Overly testified about statements he made during the search of his

truck, the nature of his practice, and the circumstances surrounding his

Possession of Isoxuprine and Testosterone at Los Alamitos race track on July 23,

2024 and why he believed he had a compelling justification to possess those

Banned Substances at Los Alamitos;

f. Jessica Ingram, Dr. Overly’s veterinary technician testified about Dr.

Overly’s treatment of her horse Cosmo with Testosterone and the circumstances

that led her to load expired Isoxsuprine onto Dr. Overly’s truck on July 17, 2024.

2.13 The following additional exhibits were introduced and admitted at the

Hearing: BB-1, BB-2, AA, AB, AC, AD and AE.

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2.14 Before adjourning the evidentiary Hearing, the Parties agreed to submit

simultaneous post hearing briefs on July 10, 2025 and to hold closing arguments by

zoom on July 14, 2025.

2.15 On or about June 2, 2025, HIWU submitted a Supplementary Book of

Evidence and Exhibits containing Exhibits AA, AB, AC, AD, and AE which had been

introduced and admitted at the Hearing.

2.16 Pursuant to their agreement, HIWU filed its post hearing brief (“ACB”)

and book of additional authorities on July 10, 2025 and Dr. Overly filed his post

hearing brief (“OCB”) together with a book of additional authorities on July 10,

20251.

2.17 Closing arguments were held on July 14, 2025 by zoom. Ms. Farrell and

Ms. Matic appeared for HIWU and Mr. Mollica argued for Dr. Overly. At the

conclusion of their arguments, the Parties stipulated to waive the statutory time for the

Arbitrator to issue this Award and extended such time to August 13, 2025.

2.18 On July 14, 2025 the Arbitrator closed the Hearing.

2.19 Upon closure of the Hearing, the Arbitrator commenced writing this Final

Award, which issued within the time stipulated to by the Parties.

III. JURISDICTION

3.1 HIWU was created pursuant to the Horseracing Integrity and Safety Act of

2020, 15 U.S.C. secs. 3051-3060 (“Act”), and is charged with administering the rules

and enforcement mechanisms of the Horseracing Integrity and Safety Authority’s

(“HISA”) Anti-Doping and Medication Control Program (“ADMC Program”). The

ADMC Program was created pursuant to the Act, approved by the Federal Trade

Commission on March 27, 2023, and implemented on May 22, 2023. See 88 Fed.

Reg. 5084-5201 (January 26, 2023). The ADMC Program sets out the applicable rules

that govern this proceeding and ground the jurisdiction of the Panel over all

participants. Rule 3020 provides that the anti-doping rules set out in the ADMC

Program apply to and are binding on violations by Covered Persons, and Covered

Persons are defined under ADMC Program Rule 1020:

“(a) The Protocol applies to and is binding on:

1

Dr. Overly also submitted a book of evidence, which contained copies of exhibits previously submitted as well as

the transcript of the Hearing (“AT”).

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…

(3) the following persons (each, a Covered Person): all Trainers, Owners,

Breeders, Jockeys, Racetracks, Veterinarians, Persons licensed by a State Racing

Commission, and the agents, assigns, and employees of such Persons; any other

Persons required to be registered with the Authority; and any other horse support

personnel who are engaged in the care, treatment, training, or racing of Covered

Horses.”

3.2 Pursuant to section 3054 of the Act, “Covered Persons” must register with

the Authority. However, they are bound by the Protocol by undertaking the activity

(or activities) that make(s) them a Covered Person, whether or not they register with

the Authority.

3.3 Dr. Overly is a veterinarian engaged in the care and/or treatment of Covered

Horses and is thus a Covered Person who is bound by and subject to the ADMC

Program.

3.4 The Rule 7000 Series of the ADMC Program sets out the arbitration

procedures governing a charged violation of the ADMC Program, providing as

follows:

“Rule 7010. Applicability.

The Arbitration Procedures set forth in this Rule 7000 Series shall apply to

all adjudications arising out of the Rule 3000 Series.

Rule 7020. Delegation of Duties

(a) Subject to Rule 3249, Anti-Doping Rule Violations arising out of the

Rule 3000 Series and violations of Rule 3229 (together, ‘‘EAD

Violations’’) shall be adjudicated by an independent arbitral body (the

‘‘Arbitral Body’’) in accordance with the Rule 3000 Series and these

Arbitration Procedures. The Arbitral Body may also adjudicate any other

matter referred to it under the Protocol, and any other matter that might

arise from time to time under the Protocol that the Agency considers should

be determined by the Arbitral Body.”

3.5 Where HIWU issues a Charge Letter effecting charges on a Covered Person,

arbitral proceedings are initiated pursuant to Rule 7060:

“Rule 7060. Initiation by the Agency

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(a) EAD Violations. Unless Rule 3249 applies, if the Agency charges a

Covered Person with an EAD Violation, the Agency shall initiate

proceedings with the Arbitral Body. If a Covered Person is charged with

both an EAD Violation and an ECM or Other Violation, the procedures for

EAD Violations apply. The parties to the proceeding shall be the Agency

and the Covered Person(s) charged. The Owner and the Authority shall be

invited to join in the proceedings as observers and, if accepted as such,

receive copies of the filings in the case. In the context of EAD Violation

cases, the Owner may be permitted to intervene and make written or oral

submissions.”

3.6 In this case, arbitration proceedings were commenced before JAMS, the

designated arbitration provider. At the Pre-Hearing Administrative Conference

conducted with the Parties, the Parties agreed that the Arbitrator would serve as the

sole arbitrator in this proceeding.

3.7 No Party disputed jurisdiction here and all Parties fully participated in the

proceedings without objection.

3.8 Accordingly, the Arbitrator finds that jurisdiction is proper here.

IV. FACTUAL ALLEGATIONS AND FINDINGS.

4.1 Below is a summary of the relevant facts and allegations based on the

Parties’ written submissions, pleadings, and evidence adduced at the May 28, 2025

arbitration Hearing. Additional facts and allegations found in the Parties’ written

submissions, pleadings and evidence may be set out, where relevant, in connection

with the legal discussion that follows. While the Arbitrator has considered all of the

facts, allegations, legal arguments, evidence and testimony submitted by the Parties in

these proceedings, the Arbitrator refers in this Final Decision only to the submissions

and evidence the Arbitrator considers necessary to explain the reasoning supporting

this decision. Other than the uncontested and stipulated facts set forth below, a

number of facts and the legal effects of those facts and many of the stipulated facts

were disputed.

4.2 Uncontested and Stipulated Facts. On or about January 17, 2025, the

Parties submitted the following uncontested and stipulated facts:

4.2.1 On July 23, 2024, HIWU Investigators attended Los Alamitos Race Course

(“Los Alamitos”) in Cypress, California and conducted a search of Dr. Overly’s

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veterinary truck (the “Search”). Dr. Overly and his veterinary technician, Jessica

Ingram, were present during the Search.

4.2.2 The Search began at approximately 10:15 AM. Dr. Overly’s veterinary

truck was parked within the Barn area of Los Alamitos. The truck was a 2003

Hummer Utility Vehicle, with the California Personalized License Plate “EQ VET”.

Registration paperwork contained in the vehicle’s glove box indicated that the

vehicle’s California License #7ASD028 was registered to EQUINE SPORTS

MEDICINE LRO INC, 5550 Cerritos Avenue, Suite C, Cypress, California 90630. Dr.

Overly is the sole Officer of EQUINE SPORTS MEDICINE LRO INC.

4.2.3 During the Search, Investigators found and seized the following substances

from Dr. Overly’s veterinary truck:

a. One jar of Isoxsuprine Powder, located inside a large plastic box containing

various medications, on the vehicle’s passenger side, rear seat. The Isoxsuprine

Powder had JAMS, CASE NO. 15010007082 an Equine Sports Medicine

prescription label affixed to the jar; however, the label lacked any date

prescribed, horse, or trainer information. The label also lists a Use by date of

07/09/2023. The Isoxsuprine Powder, which is a Category S0 Banned Substance,

was seized and labeled as Evidence Item #BB-1.

b. Four injectable vials of Testosterone, located inside the left top drawer of

the medication cabinet located in the rear cargo area of Dr. Overly’s veterinary

truck. The vials lacked any prescription information. One vial had been opened

and was nearly empty. The remaining three vials retained their plastic caps and

appeared full and unopened. During the Search, Dr. Overly denied using the

Testosterone on Covered Horses. The four vials of Testosterone, which are

Category S1 Banned Substances, were seized and labeled as Evidence Item #BB2.

4.2.4 The Search was completed by approximately 11:00 AM. Dr. Overly was

issued a HIWU Evidence Report/Receipt for the items seized.

4.2.5 On August 30, 2024, Attorney Andrew Mollica submitted a written

response and records to HIWU on behalf of Dr. Overly, pertaining to the four vials of

Testosterone seized during the Search (“Overly Response”).

4.2.6 The Overly Response states that the records attached thereto are

“prescription invoices demonstrating that the testosterone was obtained from Victor

Medical Company on February 28, 2024 and March 4, 2024, and another order on

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July 23, 20242, as well as medical records/controlled Substance Research records,

documenting treatment for the Non-Covered horse “Cosmo”, which demonstrates that

Dr. Overly administered the testosterone to this horse with regularity, including preand-post seizure on July 20, 2023, September 20, 2023, March 1, 2024, and July 30,

2024.”

4.2.7 On October 17, 2024, HIWU sent an Equine Anti-Doping (“EAD”) Notice

letter (“EAD Notice”) to Dr. Overly, pursuant to ADMC Program Rule 3245,

informing him that he had been found in Possession of two (2) Banned Substances,

and that this may result in ADRVs. A Provisional Suspension was imposed effective

October 17, 2024, but subsequently lifted on November 4, 2024, after the HISA Board

requested that HIWU limit the circumstances under which they exercise their

discretion to impose a Provisional Suspension on Covered Persons.

4.2.8 On November 4, 2024, HIWU sent a letter, formally alleging Dr. Overly

committed two Possession ADRVs (“Charge Letter”).

4.2.9 Dr. Overly has no prior ADMC Program violations.

4.3 Additional Facts According to HIWU

4.3.1 Upon seeing Investigators remove the Isoxsuprine from his truck, Dr.

Overly spontaneously stated, “That’s been in there for a long time. I haven’t used it.”

4.3.2 During the Search, Dr. Overly denied using the Testosterone on Covered

Horses and stated to Investigator Bennett that he kept Testosterone in his veterinary

truck’s medication cabinet for personal use, injecting himself with a dose every

Friday.

4.3.3 On October 17, 2024, at approximately 9:45 AM, HIWU Investigator

Bennett returned to Los Alamitos and interviewed Dr. Overly’s veterinary technician,

Jessica Ingram.

4.4 Additional Facts According to Dr. Overly3

2

The “other order” was placed with “AmerisourceBergen, MWI Animal Health.”

This list of additional facts according to Dr. Overly is included as an aid to summarizing Dr. Overly’s positions.

Many of the additional facts according to Dr. Overly were rebutted, impeached, or the credibility of Dr. Overly’s

evidence of those facts was placed at issue during the Hearing. The Arbitrator need not delineate the issues with each

such additional fact according to Dr. Overly, and instead incorporates her assessment of credibility and the validity

of these additional facts in the Discussion and Analysis Section of this Award.

3

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4.4.1 Dr. Overly is a veterinarian licensed to practice veterinary medicine in the

State of California, in good standing.

4.4.2 Los Alamitos, where Dr. Overly performs most of his work, is a unique,

mixed-facility, unlike most others in the U.S., stabling a majority of Non-Covered

horses.

4.4.3 Prior to the HISA ADMC Program taking effect, Dr. Overly had no

violations at Los Alamitos.

4.4.4 In 2024, 73 of Dr. Overly’s patients were Non-Covered horses outside Los

Alamitos, with 68.35% of his total practice being Non-Covered.

4.4.5 In preparation for the HISA ADMC Program going into effect, and on an

ongoing basis, Dr. Overly read everything put out by HISA/HIWU. He regularly

reviews ADMC Rules and continues to review HISA/HIWU literature and industry

blogs to stay knowledgeable about updates and instructs his staff about HISA Banned

Substances and controlled medications.

4.4.6 As a result of reviewing industry blogs, prior to July 2024, Dr. Overly

became aware of presentations given by Dr. Scollay and statements made therein.

4.4.7 In March 24, 2023, Dr. Scollay gave a presentation at Will Rogers Downs

in Oklahoma, about the ADMC program, and in response to a question asked by one

attendee about farm work, Dr. Scollay proclaimed:

“if the veterinarians are practicing also on a population of nonCovered horses, they’re taking care of quarter horses...they are

able to possess a Banned Substance because we don’t have control

over those horses, and so to the extent that they want to use

[Banned Substances] on a Non-Covered horse, we can’t ban them

from possessing them... we can’t penalize people for something

that we don’t have control over so, you know, let’s just say because

we have the ability to investigate, if the story starts to get a little

weird or a little extreme, you’re going to get more than a raised

eyebrow. But at the end of the day if someone is practicing out in

the country, we don’t have the authority to control the medications

they administer or carry for Non-Covered horses... the regulation

addresses if there is justification for them to be in Possession of a

Banned Substance and certainly a practice that incorporates Non-Covered

horses.”

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4.4.8 On July 23, 2024, at Los Alamitos, HIWU Investigators approached Dr.

Overly’s veterinary truck and advised Dr. Overly they had authority to search his

truck. Dr. Overly was shocked but compliant.

4.4.9 Dr. Overly was parked in the Los Alamitos Barn area, not specifically

near Barn 6 as HIWU asserts.

4.4.10 Dr. Overly was not scheduled to work that day, but being a diligent

veterinarian, he was conducting rounds to ensure the Practice was not overwhelmed.

Dr. Overly was accompanied by veterinary technician, Jessica Ingram (“Ms. Ingram”).

4.4.11 Given Dr. Overly’s practice composition, there was between a 65.71%

and 79.58% likelihood Dr. Overly would perform Non-Covered work at Los Alamitos

where there were 1400 available stalls and only 485 Covered horses in July 2024.

4.4.12 Investigator Bennett searched Dr. Overly’s truck, and confiscated: one jar

of compounded Isoxsuprine, located in a large plastic box containing various

medications, located on the vehicle’s passenger side rear seat. The Isoxsuprine had an

Equine Sports Medicine24 prescription label on the jar; did not have a prescription

date, horse, or trainer information. The jar had “use by” date of July 9, 2023.

4.4.13 Thereafter, the investigators asked Dr. Overly if he had any controlled

substances and believing HIWU was going to confirm proper storage, Dr. Overly

showed the investigators: four injectable 10 mL vials of Testosterone Cypionate

200mg/mL located inside the left top drawer of the medication cabinet located in the

rear cargo area of the veterinary truck. The vials contained no prescription

information. One vial was opened and nearly empty. The remaining three vials

retained their plastic caps and were full and unopened.

4.4.14 Dr. Overly advised HIWU that the Testosterone was not for his Covered

practice, and Ingram also advised HIWU the Testosterone was for older horses off the

racetack, but HIWU confiscated the Testosterone.

4.4.15 Being in shock, and without lawyer’s counsel, Dr. Overly tried to make

light of the situation and stated in jest that the Testosterone was

“for personal use, [and that he] injected himself with a dose every Friday.”

4.4.16 Dr. Overly told investigators the Isoxsuprine had “been in there for a

long time. I haven’t used it,” as Dr. Overly assumed Isoxsuprine was on his truck for a

while as it had not been used recently.

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4.4.17 On July 17, 2024, Dr. Overly had an appointment to

examine Brownie, a Non-Covered horse outside of Los Alamitos, in Rolling Hills

Estate, whose owner requested Isoxsuprine for Ringbone. In preparation for an exam,

Ms. Ingram loaded the Isoxsuprine on the truck to prepare Dr. Overly for NonCovered practice. Dr. Overly was not aware Isoxsuprine was on his truck, and

ultimately prescribed another medication to Brownie.

4.4.18 Testosterone was carried as part of Dr. Overly’s Non-Covered practice

and used/intended to be used in Non-Covered practice, including Cosmo, owned by

Ingram.

4.4.19 Dr. Overly treated Cosmo at no charge for a valued member of his

practice. Dr. Overly provided HIWU with pharmacy records showing Testosterone

was ordered from Victor Medical Company, on February 28, 2024 and March 4, 2024,

and veterinary records/Controlled Substance Research Records, demonstrating that

Cosmo received 5cc’s of testosterone July 20, 2023, 5cc’s on September 20, 2023, and

8cc’s on March 1, 2024.

4.4.20 After the seizure, Dr. Overly ordered Testosterone from

AmerisourceBergen, MWI Animal Health to replenish his stock, and he provided

additional Controlled Substance records, showing Cosmo received Testosterone on

July 30, 2024, after receipt of the new supply.

4.4.21 On October 17, 2024, HIWU sent Dr. Overly an EAD Notice Letter,

informing him that he had been found in Possession of Banned Substances and HIWU

may elect to charge him for a two violations of Rule 3214(a). Dr. Overly was

provisionally suspended.

4.4.22 On November 4, 2024, the Provisional Suspension was lifted, based on a

change in the Rules. However, HIWU formally charged Dr. Overly with two alleged

violations of Rule 3214(a), based on the Testosterone and Isoxsuprine, and notified

Dr. Overly that HIWU was seeking two years ineligibility and $25,000 for each

alleged violation, for a combined Period of Ineligibility of four years and a combined

fine of $50,000. Charge Letter, Agency Book of Evidence (“ABE”), Tab C.

4.5 Additional Material Factual Findings.

4.5.1 Besides serving as Chief of Science for HIWU, Dr. Scollay has been a

racing regulatory veterinarian since 1987, with 38 years of industry experience.

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Arbitration Transcript (“AT”) Day 1 142:23- 143:13; ARBE Tab 4 at ¶1 (Scollay

Witness Statement).

4.5.2 After HISA’s enactment, Dr. Scollay made public presentations throughout

the country to educate horserace industry participants on the new, not yet effective,

ADMC Program. AT 1, 145:11 – 150:20, ARBE at Tab 4. The presentations were

themselves substantially the same, and each afforded those attending an opportunity to

ask questions. AT 1 146:12-22.

4.5.3 Dr. Scollay’s slide presentation of HISA’s ADMC Program, including the

voice over of her remarks, was and is available on the HIWU Website. AT 1 146:22147:1. Dr. Scollay’s presentation distinguishes between controlled substances and

banned substances and reminds viewers that banned substances (specifically including

Isoxsuprine) are prohibited at all times and that if a Covered Person possesses it, it is

the same as if it is detected in a horse’s sample. AT 1 150:10-20.

4.5.4 Dr. Scollay testified that her discussion of compelling justification as a

defense to Banned Substance possession charges under Rule 3214(a) typically arose

in response to audience questions, and she acknowledged that having Non-Covered

horses in their practice could be a component of that justification. AT 154:7-155 20;

189:18 – 190:7.

4.5.5 Dr. Scollay’s presentation also made clear that HIWU was available for

stakeholder engagement (including telephone consultations) and provided her email

and personal cell phone call and encouraged anyone with questions to call her and she

credibly testified that she received many calls following her presentations. See, e.g.

AT 1 160:20 -162:15. Those calls included veterinarians with questions about how

they could comport themselves at mixed use tracks where Covered Horses are the

minority. AT 1 183:11-20.

4.5.6 Dr. Scollay credibly testified that no veterinarian has ever told her one of

the HISA Banned Substances is a drug they needed to have immediately at hand for

their Non-Covered practice.

4.5.7 Los Alamitos, where Dr. Overly performs most of his work, is a mixedfacility, stabling a majority of Non-Covered horses.

4.5.8 Dr. Overly’s practice at Los Alamitos in 2024 consisted of 573 Non

Covered horses and 299 Covered horses, for a split of 65.71% Non-Covered horses

and 34.29% Covered horses. AT 1 315:23 – 316:22. Dr. Overly’s medical records at

Los Alamitos in 2024 show he performed 15,857 treatments on Non-Covered horses

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and 4070 treatments on Covered Horses, for a spilt of 79.58% Non-Covered horses

and 20.42% Covered Horses. AT 1 317:6-18.

4.5.9 Ms. Corbett, Dr. Overly’s practice manager, credibly testified that Dr.

Overly also has 73 Non-Covered horses who he saw off-track in 2024. AT 1 281:6-19.

Including the off track horses, Dr. Overly’s Non Covered Horses constituted 68% of

his practice in 2024.

V. RELEVANT LEGAL STANDARDS

5.1 Rule 3214(a) of the ADMC Program provides as follows:

“The following acts and omissions constitute Anti-Doping Rule Violations

by the Covered Person(s) in question: . . . Possession of a Banned

Substance or a Banned Method, unless there is compelling justification for

such Possession.”

5.2 Dr. Overly is a Covered Person under the ADMC Program. It is alleged that

Dr. Overly was in possession of both Isoxsuprine and Testosterone, which are

identified on the Prohibited List – Technical Document as a Category S0 and S1

Banned Substances, respectively.

5.3 The ADMC Program defines “Possession” as follows:

“Possession means actual, physical possession, or constructive possession

(which shall be found only if the Covered Person has exclusive control or

intends to exercise exclusive control over the Prohibited Substance or

Prohibited Method or the premises in which a Prohibited Substance or

Prohibited Method exists). If the Covered Person does not have exclusive

control over the Prohibited Substance or Prohibited Method or the premises

in which a Prohibited Substance or Prohibited Method exists, constructive

Possession shall only be found if the Covered Person knew about the

presence of the Prohibited Substance or Prohibited Method and intended to

exercise control over it. There shall be no Anti-Doping or Controlled

Medication Rule violation based solely on Possession if, prior to receiving

notification of any kind of any violation, the Covered Person has taken

concrete action demonstrating that the Covered Person never intended to

have possession and has renounced possession by explicitly declaring it to

the Agency. Notwithstanding anything to the contrary in this definition, the

act of purchasing (including by any electronic or other means) a Banned

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Substance or Banned Method constitutes Possession by the Covered Person

who makes the purchase, whether or not the Banned Substance or Banned

Method purchased is ever delivered to the Covered Person.”

5.4 In summary, under the ADMC Program, Possession is established (in the

absence of a compelling justification for the Possession) by the act of purchasing a

Banned Substance, where a Covered Person has exclusive control or intends to

exercise exclusive control of the substance or premises where the substance is located,

or knew of the presence of the substance and intended to exercise control over it.

5.5 Pursuant to Rule 3121, the burden of proof is on HIWU to establish that a

violation of the ADMC Program has occurred to the comfortable satisfaction of the

Panel. “This standard of proof is higher than a balance of probabilities but lower than

clear and convincing evidence or proof beyond a reasonable doubt.” Rule 3121.

5.6 The World Anti-Doping Code (“WADC”) provides the framework for a

harmonious international anti-doping system and is widely used in international

sports, and expressly acknowledged as the basis for the ADMC Program. Rule 3070

provides in pertinent part that:

“(b) Subject to Rule 3070(d), the Protocol shall be interpreted as an

independent and autonomous text and not by reference to existing law or

statutes. . . .

(d) The World Anti-Doping Code and related International Standards,

procedures, documents, and practices (WADA Code Program), the comments

annotating provisions of the WADA Code Program, and any case law

interpreting or applying any provisions, comments, or other aspects of the

WADA Code Program, may be considered when adjudicating cases relating to

the Protocol, where appropriate.”

5.7 The definition of Possession in the ADMC Program is substantively

identical to the definition of possession in the WADC (see Article 2.6).

5.8 ADMC Program Rule 3040 sets out certain obligations of a veterinarian

such as Dr. Overly, as a Covered Person, in pertinent part as follows:

“Rule 3040. Core Responsibilities of Covered Persons

(a) Responsibilities of All Covered Persons

It is the personal responsibility of each Covered Person:

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(1) to be knowledgeable of and to comply with the Protocol and related

rules at all times. All Covered Persons shall be bound by the Protocol and

related rules, and any revisions thereto, from the date they go into effect,

without further formality. It is the responsibility of all Covered Persons to

familiarize themselves with the most up-to-date version of the Protocol and

related rules and all revisions thereto; . . .

5.9 Pursuant to ADMC Program Rule 3223, the ineligibility, and financial

penalties for a first anti- doping rule Violation of Rule 3214(a) (Possession) is:

a. Two (2) years of Ineligibility, and

b. A “Fine up to $25,000 . . . and Payment of some or all of the adjudication

costs and [HIWU]’s legal costs.”

5.10 Where a Violation of the ADMC Program is established, the Respondent

may be entitled to a mitigation of the applicable Consequences, only where he

establishes on a balance of probabilities, that he acted with either No Fault or

Negligence, or No Significant Fault or Negligence. Fault is defined in the ADMC

Program as:

“any breach of duty or any lack of care appropriate to a particular situation.

Factors to be taken into consideration in assessing a Covered Person’s

degree of Fault include (but are not limited to) the Covered Person’s

experience and special considerations such as impairment, the degree of

risk that should have been perceived by the Covered Person, and the level

of care and investigation exercised by the Covered Person in relation to

what should have been the perceived level of risk. With respect to

supervision, factors to be taken into consideration are the degree to which

the Covered Person conducted appropriate due diligence, educated,

supervised, and monitored Covered Persons (including Veterinarians),

employees, personnel, agents, and other Persons involved in any way with

the care, treatment, training, or racing of his or her Covered Horses, and

created and maintained systems to ensure compliance with the Protocol. In

assessing the Covered Person’s degree of Fault, the circumstances

considered must be specific and relevant to explain the Covered Person’s

departure from the expected standard of behavior. Thus, for example, the

fact that the Covered Person would lose the opportunity to earn large sums

of money during a period of Ineligibility, or the fact that the Covered

Person or Covered Horse only has a short time left in a career, or the timing

of the horseracing calendar, would not be relevant factors to be considered

in reducing the period of Ineligibility based on degree of Fault.”

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Rule 1010, Definitions.

5.11 ADMC Program Rule 3224 permits the reduction of sanctions where there

is No Fault or Negligence, as follows:

“Rule 3224. Elimination of the Period of Ineligibility Where There Is No

Fault or Negligence

(a) If a Covered Person establishes in an individual case that he or she bears

No Fault or Negligence for the Anti-Doping Rule Violation(s) charged, the

otherwise applicable period of Ineligibility and other Consequences for

such Covered Person shall be eliminated (except for those set out in Rule

3221(a) and Rule 3620)…

(b) Rule 3224 only applies in exceptional circumstances…”

5.12 No Fault or Negligence is defined by the ADMC Program as:

“the Covered Person establishing that he or she did not know or suspect,

and could not reasonably have known or suspected, even with the exercise

of utmost caution, that he or she had administered to the Covered Horse (or

that the Covered Horse’s system otherwise contained) a Banned Substance

or a Controlled Medication Substance, or that he or she had Used on the

Covered Horse a Banned Method or a Controlled Medication Method, or

otherwise committed an Anti-Doping Rule Violation or Controlled

Medication Rule Violation. For any violation of Rule 3212 or Rule 3312,

the Covered Person must also establish how the Prohibited Substance

entered the Covered Horse’s system in order to establish No Fault or

Negligence.”

5.13 ADMC Program Rule 3225 also allows for the reduction of sanctions

where there is No Significant Fault or Negligence, as follows:

“Rule 3225. Reduction of the Period of Ineligibility Where There Is No

Significant Fault or Negligence

Reductions under this Rule 3225 are mutually exclusive and not

cumulative, i.e., no more than one of them may be applied in a particular

case.

(a) General rule.

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Where the Covered Person establishes that he or she bears No Significant

Fault or Negligence for the Anti-Doping Rule Violation in question, then…

the period of Ineligibility shall be fixed between 3 months and 2 years,

depending on the Covered Person’s degree of Fault.”

5.14 No Significant Fault or Negligence is defined in the ADMC Program as:

“the Covered Person establishing that his or her fault or negligence, when

viewed in the totality of the circumstances and taking into account the

criteria for No Fault or Negligence, was not significant in relationship to the

Anti-Doping Rule Violation or Controlled Medication Rule Violation in

question. For any violation of Rule 3212 or 3312, the Covered Person must

also establish how the Prohibited Substance entered the Covered Horse’s

system in order to establish No Significant Fault or Negligence.”

VI. THE PARTIES’ CONTENTIONS AND CLAIMS FOR RELIEF

6.1 The Parties asserted various arguments in their pre-hearing briefs, at the

Hearing, in their closing briefs and during their closing arguments. The below is an

effort to summarize their fundamental positions. To the extent necessary, the

Arbitrator will address the various arguments that were made in the Analysis section

below.

6.2 HIWU’s Contentions and Claims

6.2.1 By having Testosterone and Isoxuprine on his veterinary truck at the Los

Alamitos race track facilities on the date it was found, after the effective date of the

ADMC Program, Dr. Overly committed ADRVs for Possession of each Banned

Substance and should be separately sanctioned for each violation.

6.2.2 Dr. Overly failed to prove he had a compelling justification for being in

possession of either Isoxuprine or Testosterone at the Los Alamitos race track on July

23, 2024.

6.2.3 Whether a veterinarian has a compelling justification for being in

Possession of a Banned Substance is a narrow, fact driven exception that requires an

analysis with respect to each Banned Substance. As stated in the Himes ALJ Decision,

the Possession Rule is “part of a regulatory scheme directed to banishing doping from

thoroughbred horseracing” and a compelling justification excusing Possession is an

“exception” that should be interpreted restrictively.

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6.2.4 Once the fact of Possession is established, Covered Persons have the

burden of proving this defense by a balance of probabilities (preponderance of the

evidence standard).

6.2.5 Dr. Overly failed to meet his burden of proof to establish compelling

justification with respect to Testosterone because the evidence showed 1) he

originally told investigators it was for personal use (and doubled down on this

explanation, repeating it during the search; 2) after the search Dr. Overly claimed

Testosterone was used to treat Non-Covered horse Cosmo, but the records produced

by Dr. Overly only show sporadic administration for over a year for which there is no

clear medical rationale; 3) Dr. Overly submitted pharmacy invoices which fail to

match the lot numbers on the Treatment logs or vials themselves and the Treatment

Logs fail to meet DEA and California veterinary standards; and 4) Dr. Overy failed to

show any need (let alone a compelling justification) for keeping Testosterone on his

veterinary truck at Los Alamitos.

6.2.4 Dr. Overly failed to meet his burden of proof to establish compelling

justification with respect to Isoxsuprine because 1) Dr. Overly provided inconsistent

and unsubstantiated reasons, first telling Investigator Bennett that it “had been there

for a while and he hadn’t used it” then with his Pre-Hearing brief claiming it was

loaded on his truck on July 17, 2024 to at the request of the owner of a Non-Covered

horse (Brownie); 2) the records produced by Dr. Overly do not show he treated

Brownie on July 17, 2024; 3) at the Hearing Dr. Overly claimed his associate Dr.

Chapparo treated Brownie, that records exist but he could not explain why they were

not produced and 4) even accepting Dr. Overly’s factual justification he did not offer

any rationale for why he needed to keep Isoxsuprine on his truck at Los Alamitos

almost a week after the appointment, since he testified his veterinary truck is regularly

loaded, unloaded and re-loaded approximately 10 times per week.

6.2.5 The fact that Dr. Overly services a majority of Non-Covered horses

cannot support compelling justification in this case for Possession of either

Testosterone or Isoxsuprine at Los Alamitos where there is not a single record

showing Dr. Overly used Testosterone or Isoxsuprine at Los Alamitos.

6.2.6 Dr. Scollay’s formal guidance cannot be reasonably interpreted to suggest

Covered Persons can carry Banned Substances at Covered Racetracks based solely on

the composition of their practice.

6.2.7 Dr. Scollay’s testimony confirmed that the specific intended use of a

Banned Substance must be considered to determine if there is compelling justification

to have it at a Covered Racetrack.

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6.2.8 Dr. Overly failed to present evidence of any specific need to have

Testosterone or Isoxsuprine at Los Alamitos.

6.2.9 Dr. Overly’s testimony does not establish a compelling justification to

carry either Testosterone or Isoxsuprine for his off-track practice, as he generally sees

patients outside of Los Alamitos on Wednesday afternoons and Dr. Overly admitted

his truck is generally reloaded at his office before making those off-track trips.

6.2.10 Dr. Overly can and should be separately sanctioned for each violation.

The decision in In the Matter of Dr. Scott Shell, DVM, Docket No. 9439

(Administrative Law Judge Decision on Application for Review, Decision of March

6, 2025) (“Himes ALJ Decision”) confirmed that Rule 3228(d) of the ADMC Program

should be interpreted to permit HIWU to charge a Covered Person with an ADRV for

each Banned Substance found in their Possession.

6.2.11 Proportionality can be considered to determine whether individual

sanctions should be imposed for each charged and established ADRV, or whether the

individual sanctions should be combined to allow for an overall reduction in penalty.

6.2.12. The factors that led Judge Himes to combine the sanctions on Dr. Shell

do not apply to Dr. Overly in this case because 1) Dr. Overly does not come to this

proceeding with clean hands having violated CHRB Rules on four occasions; 2) the

ADRVs in Dr. Shell’s case arose from his mistaken belief concerning his ability to

possess Banned Substances for his farm practice in West Virginia (which is currently

outside of HIWU’s jurisdiction) and there is no such misunderstanding here; 3) unlike

Dr. Shell, Dr. Overly cannot point to any regular, documented use of Testosterone or

Isoxsuprine in his Non-Covered practice; 4) Dr. Shell was close to retirement and an 8

year period of Ineligibility for the four ADRVs would result in a permanent expulsion

and $100,000 penalty would inflict an undue financial burden.

6.2.13 Dr. Overly bears the burden of establishing on a balance of probabilities

that he acted with No Fault or Negligence (“No Fault”) or No Significant Fault or

Negligence (“No Significant Fault”).

6.2.14 To establish No Fault, a Covered Person must show that despite the

exercise of utmost caution they could not have reasonably known or suspected they

were committing an ADRV. The case law makes it clear that a finding of No Fault

only applies in exceptional circumstances.

6.2.15 Dr. Overly cannot establish No Fault for either of the ADRVs. Because

there is no dispute Dr. Overly knew Testosterone and Isoxsuprine are Banned

Substances under the ADMC Program and Dr. Overly admitted he made no effort to

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contact Dr. Scollay or anyone else at HIWU to discuss the mixed nature of his

practice and whether he was at risk of violating the Possession Rule, he cannot show

he used “utmost caution.”

6.2.16 ADMC Program Rule 3225 allows for the reduction of sanctions where

there is No Significant Fault, which is defined in the ADMC Program as “the Covered

Person establishing that his or her fault or negligence, when viewed in the totality of

the circumstances and taking into account the criteria for No Fault or Negligence, was

not significant in relationship to the Anti Doping Rule Violation … in question.”

6.2.17 In HIWU v. Poole, JAMS Case 15010000576 (decision of August 8

2023), Arbitrator Benz confirmed that the No Significant Fault analysis requires

consideration of both the “objective” and “subjective” elements of fault set forth in

Cilic v. International Tennis Federation CAS 2013/A/3327 and that the objective

elements should be considered to determine which of three Ineligibility ranges for

violations of the ADMC Program applies: (i) Slight or Insignificant Fault – three to

ten months; (ii) moderate fault – ten to seventeen months; and (iii) Significant Fault –

seventeen to twenty four months. The subjective elements of Fault allow the

Arbitrator to move the Covered Person within the range of Fault determined by the

objective elements.

6.2.18 Under the lex sportiva, a delegated third party’s misdeed is imputed to the

Covered Person. The assessment of Fault is directed at the Covered Person’s choice

and duty of utmost care in the delegation of their obligations.

6.2.18 Dr. Overly did not carry his burden of proving No Significant Fault for

either of the ADRVs. His actions, in light of the standard of care that could reasonably

be expected of a veterinarian in his position, fall under the Significant Fault range for

each ADRV.

6.2.19 The ADMC Program instituted a change in horseracing standards

nationwide, including imposing stringent sanctions for Possession ADRVs. The

advent of the ADMC Program was a time for reasonable veterinarians to take stock of

their practices and existing routines to assure compliance. Dr. Overly failed to seek

direct guidance from HIWU and failed to change his existing practice systems. Since

he has his veterinary truck loaded and reloaded twice a day, five days a week, there

was no reason for him to carry Testosterone for Cosmo on his truck at Los Alamitos

and no reason for Isoxsuprine loaded for Brownie on July 17th to still be on his truck

six days later.

6.2.20 Dr. Overly has not presented evidence to justify reducing his sanctions

under the subjective Cilic factors. The Himes ALJ Decision confirms that the No

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Significant Fault analysis needs to consider the Covered Person’s dealings with each

Banned Substance. Dr. Overly did not provide medical records that support a need for

the Testosterone or Isoxsuprine on his truck4.

6.2.21 HIWU requested the following sanctions be imposed on Dr. Overly in its

pre-hearing and post-hearing Briefs:

“a. A period of Ineligibility of between seventeen (17) months and two (2) years

for Possession of Isoxsuprine;

b. A period of Ineligibility of two (2) years for possession of Testosterone; and

c. A fine of USD $25,000 and payment of some or all of the adjudication costs

for each ADRV.” HIWU PHB at 2.

HIWU acknowledged that the Arbitrator has discretion to determine the

appropriate fine. In the absence of mitigating circumstances, however, the Agency

submits that it is appropriate in each case to impose a $25,000.00 fine. At the

evidentiary hearing, HIWU asserted the view that the fine follows the fault; in other

words, given the “up to” language, the amount of the fine should be commensurate

with any corresponding level of fault finding. [Also at the evidentiary hearing, HIWU

agreed that it was no longer seeking a contribution toward its legal fees.]

6.4.

Dr. Overly’s Contentions

6.4.1 On July 23, 2024, at Los Alamitos Racecourse, a mixed-use facility,

staging Thoroughbred and Quarter Horse (“QHs”) racing, where, in 2024, 65.71% of

Dr. Overly’s patients were Non-Covered QHs, in one transaction and occurrence,

HIWU seized from Dr. Overly, Testosterone, a legal medication, permissible to carry

at Los Alamitos under Cal. Code Regs., Tit. 4, § 1869, and Isoxsuprine, also legal, but

with a blurred racing history under Cal. Code Regs., Tit. 4, § 1867(b)

6.4.2 HIWU improperly overcharged Dr. Overly with two counts of

“Possession” of a Banned Substance under the ADMC Program Rule 3214(a) and

improperly seeks two years ineligibility fore each count and a $25,000 fine for each

count, despite the findings in HIWU v. Shell, HIWU v. Puype, the ADMC Rules and

the recent clarification from FTC Administrative Law Judge Himes stating that both

lex sportiva and the proportionality principle dictate two different Banned Substances

4

HIWU also argues that the evidence showed Dr. Overly’s practice did not have a system in place to check for or

dispose of expired Banned Substances and if one had been in place there would have been no opportunity for the

Isoxsuprine to have been loaded on his truck.

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recovered in the same transaction and occurrence should be treated as one possession

charge for penalty purposes.

6.4.3 HISA and HIWU have no jurisdiction over Non-Covered horses and NonCovered veterinary practice including Non-Covered QHs at Los Alamitos.

6.4.4 Non-Covered Practice/Use can establish a Rule 3214(a) defense of

“Compelling Justification” to possess Banned Substances and the

composition/percentage of a vet’s Non-Covered practice is a factor in the compelling

justification analysis.

6.4.5 Dr. Overly met his burden by a preponderance of the evidence, to show he

had compelling justification to carry Testosterone and Isoxsuprine at Los Alamitos,

which stables a majority of Non-Covered QHs considering 66% of Dr. Overly’s

patients were Non-Covered QHs, and the charged Banned Substances were used or

intended to be used in Dr. Overly’s Non-Covered practice.

6.4.6 Compelling justification is not defined in the ADMC Rules but is fact

driven and case specific. Dr. Scollay testified that what vets need/should carry in their

vehicles is largely based on the population of horses they are caring for and use of a

Banned Substance on a Non-Covered horse “could be” justification for Possession of

a Banned Substance.

6.4.7 Dr. Overly established that at Los Alamitos 65.71% of his patients were

Non-Covered QHs and 79.58% of his treatments were rendered on Non-Covered

horses. Incorporating the 73 Non-Covered horses he treated outside of Los Alamitos,

Dr. Overly had almost a 70% Non-Covered practice. This weighs heavily in favor of

finding Dr. Overly had a compelling justification to carry/possess legal medications at

Los Alamitos for use in his Non-Covered practice.

6.4.8 Testosterone is a legal medication which Dr. Overly was permitted to

carry at Los Alamitos under California regulations. Dr. Overly voluntarily showed

HIWU the Testosterone vials, which were stored in a lockable medicine cabinet in the

back of his vet truck5. The Controlled Medication Logs submitted by Dr. Overly and

the testimony of Dr. Overly and Ms. Ingram demonstrate the Testosterone was kept

for, used on, and intended for further use on Cosmo, a Non-Covered horse. The

Controlled Medication Logs identify the horse’s name, the owner, medicine name,

5

Dr. Overly testified the medicine cabinet was unlocked to begin work at Los Alamitos.

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size of containers, lot numbers6, expiration dates, amounts and dates of use, and Dr.

Overly’s DEA license.

6.4.9 The Controlled Medication Logs were made in the ordinary course of

business and show Dr. Overly properly treated Cosmo with Testosterone for general

malaise, poor appetite and appearance. Dr. Benson admitted that Testosterone is

proper and efficacious to treat horses for lack of appetite.

6.4.10 With respect to Isoxsuprine, Dr. Overly argues that for more than 25

years he could carry Isoxuprine at Los Alamitos and that although it is no longer FDA

approved, a vet can still legally order it from equine pharmacies in California and has

discretion to use it in a Non-Covered practice.

6.4.11 Dr. Overly testified he had no knowledge Isoxuprine was on his truck on

July 23, 2024 and the testimony by Ms. Ingram established it was placed on his truck

in good faith for purposes of supporting his Non-Covered practice, as both he and Ms.

Ingram testified Brownie’s owner had asked for Isoxsuprine before his July 17, 2024

appointment with Brownie7.

6.4.12 The Himes ALJ Decision notes “testimony of fact witnesses can be

probative of compelling justification” and the Arbitrator has no reason to discredit the

testimony of Dr. Overly and Ms. Ingram.

6.4.13 HISA and HIWU have never issued guidance defining compelling

justification; have never stated vets have to have an emergency to possess Banned

Substances for Non-Covered use or that a vet needed to use it on the same day; and

have never stated compelling justification cannot be proven by showing a vet stocked

a medication he might need in the future for his Non-Covered practice. Using the

plain language of compelling justification, Dr. Overly has powerful, convincing”

reasons to possess Testosterone and Isoxsuprine at Los Alamitos for use/intended use

in his almost 70% Non-Covered practice.

6.4.14 It is impractical to require an ambulatory vet to treat every Covered

Horse at Los Alamitos, go back and get possible medications that might be needed for

Non-Covered horses, and then treat the Non-Covered horses with a Non-Covered

loaded truck. Dr. Overly treated horses at Los Alamitos on the same day he treated

6

Dr. Overly argues that HIWU’s arguments about the lot numbers on the pharmacy invoices not matching the lot

numbers for Testosterone administered to Cosmo are irrelevant as Dr. Overly is not being charged with

administration to Cosmo or for record keeping deficiencies. Dr. Overly also argues the Pharmacy records support Dr.

Overly’s general legal purchase of Testosterone for his practice.

7

Dr. Overly testified that Dr. Chaparro in his practice also attended the July 17, 2024 visit and did the medical

examination to explain why there was no record supporting the visit.

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Non-Covered horses in Rolling Hills and Orange (as was the case with Cosmo on

March 4, 2024) and it would be illogical to unload all Non-Covered items and load for

every trip8.

6.4.15 Both the impracticality and “high potential for ethical conundrums”

associated with total unloading and reloading of an ambulatory practice truck creates

compelling justification under the facts of this case in light of Dr. Overly’s majority

Non-Covered practice and Los Alamitos’ majority Non-Covered population.

6.4.16 If the Arbitrator finds liability, Dr. Overly established “No fault” and/or

“No-Significant Fault” such that the penalties should be expunged and/or limited to

the lowest side of the lowest fault category, with a small fine, keeping in mind that Dr.

Overly cannot be penalized separately and consecutively for two Banned Substances

seized in one transaction and occurrence.

6.4.17 Applying the three-tiered Cilic approach – which requires consideration

of both “objective” and “subjective” elements of fault, and the principle of

proportionality, Dr. Overly argues the objective factors show he had minimal if any

fault.

6.4.18 With respect to the “objective” factors, Dr. Overly argues he used a

standard of care reasonable for a Covered Person in his situation because he did due

diligence, located Dr. Scollay’s statement that a Non-Covered practice could provide

compelling justification, communicated with Dr. Blea9 (the Chief Veterinary Officer

at Los Alamitos) about compliance, and removed bisphosphonates from his truck. Dr.

Overly asserts that given his total almost 70% Non-covered practice “any reasonable

person would have believed they could carry legal Testosterone” and in light of the

lack of enforcement and uncertainty surrounding Isoxsuprine Dr. Overly’s belief he

could lawfully possess both substances was objectively reasonable.

6.4.19 There is no evidence that Dr. Overly possessed either Banned Substance

for use on any Covered horse and thus there was no possibility of cheating.

6.4.20 With respect to the subjective factors, Dr. Overly has minimal fault if any

because of the long time he practiced without incident, his antidoping education, the

reasonableness of his mistake and the absence of cheating and/or use on Covered

8

Dr. Overly acknowledges he testified staff loaded his truck each morning and again at mid-day, but argued he did

not state they unpack the entire truck, but instead they usually “go back through the truck and try to load whatever

has been used through the course of treatments that day.”

9

Dr. Overly argues that he did not know he could call Dr. Scollay and Dr. Blea was the “go to person” for

compliance at Los Alamitos.

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horses. Dr. Overly contends his most recent Los Alamitos violation was seven years

ago and this is his first ADMC offense.

6.4.21 The lowest NSF is supported by HIWU’s press release in the Bealmear

case, in which HIWU found Dr. Bealmar on the low end of fault based on similar

factors as those here: 1) it was a first HISA offense and Dr. Overly had only four

ancient fines at Los Alamitos in 25 years, 2) Dr. Overly cooperated with investigators

and provided records showing Non-Covered use and 3) there is no evidence of

cheating or using Banned Substances on Covered horses.

6.4.22 HIWU’s EAD Notice and Charge Letter do not cite a Rule with language

allowing HIWU to charge Dr. Overly with two counts of Rule 3214(a) and that No

HISA Rule specifically permits two charges.

6.4.23 The Arbitrator should follow HIWU v Puype, in which Arbitrator Reeves

rejected HIWU’s attempt to charged a trainer with two Rule 3214(a) violations for

Isoxsuprine and Thyro-L, both recovered on April 24, 2024, in one transaction and

occurrence. Dr. Overly contends in Puype, Arbitrator Reeves rejected HIWU’s

reliance on Rule 3223(c)(2),15 seeking “a period of Ineligibility for each of the two

violations...to be served consecutively” and properly found the “plain language of

Rule 3223(c)(2) does not support consecutive sanctions for first-time offenders, as it

explicitly refers to Covered Persons “already serving a period of Ineligibility for

another violation of the Protocol.” Dr. Overly further argues Arbitrator Reeves

properly found reliance on Rule 3223(c)(2) is at odds with Article 10.9.3.1 of the

World Anti-Doping Authority Code (“WADC”), which the ADMC Program is based

on and upon which HIWU regularly relies.10

10

Dr. Overly argues the ADMC definition of “Possession” is “substantively identical to the definition...in the

WADC.”18 and Reeves thus interpreted the Rules using “WAD[C] and the lex sportiva that interprets it [to find]

possession of more than one banned substance in a scenario such as this one should be treated as a single violation”.

Dr. Overly notes WADC, Article 10.9.3.1 provides: “For purposes of imposing sanctions under Article 10.9...an

[ADRV] will only be considered a second violation if the Anti-Doping Organization can establish that the...Person

committed the additional [ADVR] after the ...Person received notice pursuant to Article 7, or after the Anti-Doping

Organization made reasonable efforts to give notice of the first anti-doping rule violation. If the Anti-Doping

Organization cannot establish this, the violations shall be considered together as one single first violation.” Dr.

Overly argues Article 10.9.3.1 clarifies what is evident in the text of the ADMC Rules - there are no ADMC Rule

allowing HIWU to treat one of two different Banned Substances recovered in the same transaction on the same day

as a prior or subsequent possession offense, and nothing in Rule 3223 or Rule 3228 permits charging two

“possession” counts, “consecutive ineligibility” or a fine for each of the two different Banned Substances recovered

in that same transaction in a first time Possession charge.

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6.4.24 Rule 3223(a)(1) states “periods of Ineligibility and financial penalties set

out in this Rule 3223 apply to the Covered Person’s first doping offense. Where an

offense is not the Covered Person’s first doping offense, Rule 3228 applies.

6.4.25 In Shell I, Arbitrator Reeves found Rule 3228(d) only applies where

“both Banned Substance...and a Controlled Medication Substance...” are charged,

OCBA, Tab 1, ¶¶ 7.7, and similar to Puype, found Rule 3223(c)(2)’s language “would

not support consecutive punishments based on its language.” Shell I, ¶ 7.73. Dr.

Overly contends the Himes ALJ Decision was wrong when it found Arbitrator Reeves

should have recognized that the word “and” in Rule 3228(d) could be read as an “or”

because Banned Substance violations carry heavier penalties than controlled

medications because Rule 3228(d) is not a charging rule, it is a procedural rule.

6.4.26 Even if HIWU could charge two counts, the principles of proportionality

and lex sportiva preclude double penalties from being assessed following the Himes

ALJ Decision, in which ALJ Himes rejected HIWU’s effort to impose sanctions for

each ADRV as he agreed that “despite Rule 3228(d)’s charging authority...an overarching consideration is inescapable...Puype...accords with many decisions in the

sports world globally.” ALJ Himes Decision, “[I]t is a widely accepted general

principle of sports law that the severity of a penalty must be in proportion with the

seriousness of the infringement.” W v FEI CAS 99/A246 at ¶31 Accordingly, multiple

ADRVs, based on a common set of facts, are often treated as a single violation for

sanctions purposes. Dr. Overly argues the Himes ALJ Decision recognized the

principal of “proportionality” is related to fault, as CAS has stated that “the

seriousness of the penalty [...] depends on the degree of the fault committed by the

person responsible” W. v. FEI, at ¶ 31

VII. DISCUSSION AND ANALYSIS.

7.1 The only charge at issue in this case is Possession under the ADMC

Program. Rule 3214(a) of the ADMC Program provides as follows:

“The following acts and omissions constitute Anti-Doping Rule Violations

by the Covered Person(s) in question: . . . Possession of a Banned

Substance or a Banned Method, unless there is compelling justification for

such Possession.”

7.2 Pursuant to Rule 3121, the burden of proof is on HIWU to establish that a

violation of the ADMC Program has occurred to the comfortable satisfaction of the

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Arbitrator. The Parties do not dispute that Dr. Overly was in possession of both

Isoxsuprine and Testosterone, which were Banned Substances as set forth in ADMC

Rule 3214(a). As set forth above, the Parties stipulated that HIWU Investigators found

and seized two Banned Substances (Testosterone and Isoxsuprine) from Dr. Overly’s

veterinary truck at the Los Alamitos Racetrack on July 23, 2024.

7.3 Rule 3214 is clear that Dr. Overly’s possession of a Banned Substance is an

ADRV “unless there is compelling justification for such Possession.” Because

compelling justification is a defense, Dr. Overly has the burden to establish this

defense. Accordingly, HIWU has satisfied its burden of proof that Dr. Overly

committed an ADRV with respect to both Testosterone and Isoxsuprine unless Dr.

Overly can prove he had a compelling justification to have possessed each of the

Banned Substances on his veterinary truck at Los Alamitos on July 23, 2024.

7.4 The issues for the Arbitrator to determine are thus 1) Whether Dr. Overly

has carried his burden of proving a compelling justification for carrying the Banned

Substances on his veterinary truck at Los Alamitos on July 23, 2024; 2) If Dr. Overly

cannot prove compelling justification for both Banned Substances, whether Dr.

Overly is properly charged with two ADRVs (one for possession of each Banned

Substance found on July 23, 2024) or a single ADRV (since both substances were

found in one search); 3) If Dr. Overly is properly charged with two ADRVs, is he

subject to individual sanctions for each of the two Possession violations under the

proportionality principle and lex sportiva; 4) Is Dr. Overly entitled to under the No

Fault or Negligence or No Significant Fault or Negligence provisions in Rule 3224 or

3225 to elimination or reduction of the two year Ineligibility period applicable to

Possession violations or to any other part of the sanctions.

7.5. Did Dr. Overly Establish He Had a “Compelling Justification” to Carry

Testosterone and Isoxsuprine at Los Alamitos on July 23, 2024.

7.5.1 Compelling justification is a fact specific, case by case inquiry that must

be determined by the evidence. Dr. Overly must show that he was justified in having

both Banned Substances in his possession in his truck at Los Alamitos Racetrack on

July 23, 2024, for a legitimate and legal veterinary purpose that is not connected to

Thoroughbred horseracing11.

7.5.2 Dr. Overly asserts he had a compelling justification to possess the Banned

Substances at issue because he treats Non-Covered horses at Los Alamitos for 65.7%

of his practice and additionally treats Non-Covered horses outside of Los Alamitos

11

There is no dispute that Dr. Overly has shown the Banned Substances were not prescribed to or used by Covered

Horses.

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for 68.7% of his practice. The overwhelming evidence shows that indeed 65.7% of

Dr. Overly’s practice at Los Alamitos was for Non-Covered horses. That, however,

does not in and of itself create a compelling justification for carrying a Banned

Substance at Los Alamitos.

7.5.3 Instead, to carry his burden of proving a compelling justification, Dr.

Overly must establish that he needed to keep the particular Banned Substances at

issue in the alleged ADRVs in his truck at Los Alamitos on July 23, 2024 for use in

his Non-Covered practice.

7.5.4 Dr. Overly argues that both the impracticality12 and “high potential for

ethical conundrums” associated with total unloading and reloading of an ambulatory

practice truck creates compelling justification under the facts of this case in light of

Dr. Overly’s majority Non-Covered practice and Los Alamitos’ majority NonCovered population.

7.5.5 Even accepting that the potential for a prophylactic need to carry a Banned

Substance for use in a veterinarian’s Non-Covered practice could provide compelling

justification, Dr. Overly still bears the burden of establishing that his Non-Covered

practice created such a need to justify his possession of Testosterone and Isoxsuprine

in this case. The Arbitrator considers his evidence with respect to each of the Banned

Substances separately.

7.5.6 Testosterone. The evidence in the record shows that the Testosterone

seized from Dr. Overly’s truck was found without a prescription label or any other

information indicating how it was to be used in Dr. Overly’s practice. Cite. When

asked by HIWU Investigator Bennett why he possessed Testosterone, Dr. Overly did

not tell Dr. Bennett he needed it for his Non-Covered practice13.

a. Non-Covered Practice at Los Alamitos. Although Dr. Overly

established that, in round numbers, 66% of the horses he saw at Los Alamitos

were Non-Covered horses, and almost 80% of the treatments he performed at

Los Alamitos were for Non-Covered horses, Dr. Overly did not produce any

records that would support his position that he had a compelling justification to

carry Testosterone on his truck at Los Alamitos for his Non-Covered practice.

12

Dr. Overly argues it is impractical to require an ambulatory vet to treat every Covered Horse at Los Alamitos, go

back and get possible medications that might be needed for Non-Covered horses, and then treat the Non-Covered

horses with a Non-Covered loaded truck. Dr. Overly also argues that he treated horses at Los Alamitos on the same

day he treated Non-Covered horses in Rolling Hills and Orange (as was the case with Cosmo on March 4, 2024) and

it would be illogical to for him unload all Non-Covered items and load for every trip.

13

Although Dr. Overly and Ms. Ingram testified Ms. Ingram told Mr. Bennett the Testosterone was for use on older,

Non-Covered horses, that evidence was inconsistent with Mr. Bennett’s credible testimony that no such statement

was made. Ms. Ingram’s testimony was impeached on this point. See AT 2 193:9-199:2.

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None of the records produced by Dr. Overly showed that he had ever

administered Testosterone to a Non-Covered horse at Los Alamitos. AT 1

278:1-24. In fact, as Dr. Benson explained, it was unlikely Dr. Overly would

treat any of his Non-Covered patients at Los Alamitos with Testosterone

because under the CHRB regulations such a treatment would result in the horse

being placed on a “vets list” and precluded from racing for six months. Because

the evidence in the record shows that Dr. Overly had not used Testosterone in

his Non-Covered practice at Los Alamitos and had no reason to

prophylactically carry it for his Non-Covered practice at Los Alamitos, Dr.

Overly failed to carry his burden of proving he had a compelling justification to

carry Testosterone at Los Alamitos on July 23, 2024 for his Non-Covered

practice there.

b. Non-Covered Off Track Practice. The only evidence in the record of Dr.

Overly using Testosterone in his Non-Covered off-track practice is for his

treatment of his veterinary technician’s horse Cosmo. In support of his

justification for carrying Testosterone, Dr. Overly submitted his testimony and

the testimony of Ms. Ingram that Dr. Overly had treated her Non-Covered horse

Cosmo at a private residence in Orange, California with testosterone, controlled

substance logs showing four administrations of testosterone to Cosmo on

7/23/23, 9/20/23, 3/1/24 and 7/30/24, and invoices showing purchases of

testosterone14 including a purchase made on 7/23/24 after the vials of

testosterone were confiscated by HISA Investigator Bennett for Cosmo’s

scheduled July 30, 2024 appointment. See AT Day 2 91:4-95:1; 96:1-99:4;

100:5-106:10; 111:20-23; 117:3-23. Even if the Arbitrator accepts Dr. Overly’s

evidence that he in fact was treating Cosmo with testosterone,15 Dr. Overly has

still not met his burden of proving that he had a compelling justification for

14

The lot numbers in the invoices produced by Dr. Overly do not match the controlled substance log he produced or

the confiscated vials.

15

The Arbitrator agrees with HIWU about the significant evidence gap concerning the treatment of Cosmo,

including Dr. Overly’s failure to produce any SOAPS, which he and Ms. Ingram claimed at the Hearing existed.

HIWU also argues Ms. Ingram’s admitted romantic relationship with Dr. Overly significantly undermines her

credibility in this case because “Ms. Ingram is directly entangled in Dr. Overly’s proffered justification for

possessing each of the Banned Substances at issue. As the Arbitrator will recall, Ms. Ingram is the owner of the sole

horse in Dr. Overly’s practice allegedly treated with Testosterone. She created the Treatment Logs for

Cosmos’ alleged administrations of Testosterone, and purportedly possesses Cosmos’ unproduced veterinary medical

records. Moreover, Ms. Ingram is the only witness that was put forward to support Dr. Overly’s assertion that he

visited Brownie on July 17, 2024,25 in place of either Dr. Chapparo or Brownie’s owner, and in the absence of any

records confirming that the appointment ever occurred.” APHB at ¶19. The Arbitrator agrees that Ms. Ingram’s

romantic relationship with Dr. Overly, which was not disclosed until the Hearing, casts doubt on her credibility..

However, even accepting all of Dr. Overly and Ms. Ingram’s evidence as to his treatment of Cosmo with

testosterone, that evidence of sporadic treatments in Orange California is insufficient to support a finding that Dr.

Overly had a compelling justification to have Testosterone on his truck at Los Alamitos on July 23, 2024. The

Arbitrator thus does not need to make a factual finding on whether Dr. Overly proved he treated Cosmo with

Testosterone.

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carrying Testosterone at Los Alamitos on July 23, 2024. The record does not

show Dr. Overly was scheduled to treat Cosmo on July 23 rd, but instead Dr.

Overly testified he had an appointment to treat Cosmo a week later – on July 30,

2024. AT 2 117:3-23. Dr. Overly admitted that his truck was loaded before he

left his clinic to go to Los Alamitos each morning, that his practice was always

to go back to his clinic after completing his treatments at Los Alamitos, and that

his truck was unloaded and reloaded as necessary before going out to see his

other, off-track patients (predominantly in Rolling Hills on Wednesday

afternoons). AT 2 76:5-78:11; 157:19-160:11. There was no reason Dr. Overly

could not have had Testosterone he needed to treat Cosmo loaded after he

returned from the Los Alamitos track on the days he was scheduled to see

Cosmo. In light of Dr. Overly’s admissions that his veterinary truck was

typically loaded and unloaded/reloaded twice a day, five days a week, there was

certainly no need for Testosterone to be loaded onto his truck for Cosmo a week

before his next scheduled appointment.

7.5.7 Isoxsuprine. The Isoxsuprine seized from Dr. Overly’s truck was found

without a prescription label or any other information indicating how it was to be used

in Dr. Overly’s practice and it had expired in 2023. Dr. Overly did not tell the HIWU

Investigators that he needed to carry Isoxsuprine for his Non-Covered Practice, but

instead told them it was old and he did not know why it was on the truck16.

a. Non-Covered Practice at Los Alamitos. Dr. Overly did not produce any

evidence that would support his position that it was necessary for him to carry

Isoxsuprine in his truck at Los Alamitos for prophylactic use for his Non-Covered

horse practice, and in fact he admitted it could not be used on Non-Covered horses at

Los Alamitos. AT 2 79:10-14.

b. Non-Covered Off Track Practice. The veterinary records produced by Dr.

Overly did not show a single instance in which he had treated a Non-Covered horse

with Isoxsuprine and thus do not establish a compelling justification to

prophylactically carry Isoxsuprine for that part of his mixed practice. To explain why

there was Isoxsuprine on his truck on July 23, 2024, Dr. Overly and Ms. Ingram

testified that a client requested he bring Isoxuprine to his July 17, 2024 treatment of

her Non-Covered horse “Brownie.” Dr. Overly and Ms. Ingram also both testified that

Ms. Ingram placed the Isoxsuprine in Dr. Overly’s truck on July 17th because of that

client request. However, Dr. Overly did not produce any veterinary medical record for

16

Ms. Ingram claimed she did not tell Mr. Bennett that she had loaded the Isoxsuprine on the truck because of the

July 17th request by a Non-Covered horse’s owner “because she wasn’t asked”, and “didn’t think she needed to”

even though she also claimed she told Mr. Bennett the Testosterone was for older, Non-Covered horses. See AT 2

205:22-206:15.

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his July 17, 2024 treatment of Brownie17. Even accepting his testimony and Ms.

Ingram’s testimony as true18, there is no explanation for why the expired tub of

Isoxsuprine – which Dr. Overly acknowledges is banned at Los Alamitos for Covered

and Non-Covered horses - was still on his truck six days later. There certainly is no

compelling justification for it to have been on his truck on July 23, 2024.

7.5.8 Because, as set forth above, the evidence produced by Dr. Overly is not

sufficient to justify possession of either Isoxsuprine or Testosterone in his truck at the

Los Alamitos, the Arbitrator finds HIWU has established Dr. Overly’s possession of

those banned substances was a violation of Rule 3214.

7.6. Does Dr. Overly’s Possession of Two Banned Substances Support Two

ADRVs.

7.6.1 HIWU asserts that under Rule 3228(d) possession of each of the Banned

Substances at issue in this proceeding constitutes a separate ADRV and therefore

seeks the imposition of Consequences as set out in Rule 3223 for each ADRV.

7.6.2 Rule 3228(d) provides in pertinent part:

(d) Violations involving both a Banned Substance or Method and a

Controlled Medication Substance or Method.

Where a Covered Person is found, based on a common set of facts, to have

committed a (1) violation involving one or more Banned Substance(s) or

Banned Method(s), and (2) a violation involving one or more Controlled

Medication Substance(s) or Controlled Medication Method(s), they shall be

treated as separate violations, but shall be adjudicated together in

consolidated proceedings pursuant to the procedure that applies to AntiDoping Rule Violations under the Arbitration Procedures.

17

The Arbitrator agrees with HIWU that there was a significant “evidence gap” in Dr. Overly ‘s evidence here as

Ms. Corbett testified that there were only three records Dr. Overly treated Brownie in 2024 which did not include

July 17th. AT 2 255:10-21; 289:6-12. Although Dr. Overly claimed to understand he had the burden of proof, he did

not produce the records he and Ms. Ingram clamed existed to show the July 17 th appointment for Brownie with Dr.

Chapparo, nor did he produce a statement from Brownie’s owner or Dr. Chapparo.

18

Although he acknowledged he understood it was his burden to prove his defenses, Dr. Overly inexplicably failed

to produce records he and Ms. Ingram claimed at the Hearing he had to support the July 17, 2024 appointment with

Brownie. Nor did Dr. Overly submit a witness statement from Dr. Chapparo (who he testified for the first time at the

Hearing was the one who treated Brownie on July 17th) or from Brownie’s owner that she requested the Isoxsuprine.

HIWU raised legitimate concerns about the credibility of the testimony of Ms. Ingram and Dr. Overly, but because

the Arbitrator finds this evidence even if accepted as true does not support a finding of compelling justification, she

need not resolve the factual issue.

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7.6.3. In the ALJ Himes Decision, Judge Himes considered de novo the question

of whether HIWU had the ability to charge separate ADRVs for four banned

substances recovered in a single search and concluded that it could. Following the

ALJ Himes Decision, the Arbitrator finds that HIWU properly charged Dr. Overly

with two separate ADRV’s under Rule 3228(d) one for each of the Banned

Substances he was found to be carrying on his truck on July 23, 202419.

7.7. Is Dr. Overly Subject to Individual Sanctions and Consecutive Periods

of Ineligibility for Each ADRV

7.7.1 Having found Dr. Overly was properly charged with separate ADRVs for

Possession of Testosterone and Isoxsuprine on July 23, 2024 at Los Alamitos, the

Arbitrator considers whether, applying the principles of proportionality and lex

sportive, Dr. Overly is subject to individual sanctions which HIWU seeks here for

such Possession and consecutive periods of Ineligibility.

7.7.2 Dr. Overly argues that the principles of proportionality and lex sportiva

preclude double penalties from being assessed following the Himes ALJ Decision, in

which ALJ Himes rejected HIWU’s effort to impose sanctions for each ADRV.

7.7.3 Relevant case law supports Dr. Overly’s contention that multiple ADRVs

based on a common set of facts have been treated as a single violation for sanctions

purposes. The ALJ Himes Decision relied on the case of HIWU v. Mike Puype, JAMS

Case No. 1501000973 (December 12, 2024) in which a single HIWU search at Santa

Anita disclosed two Banned Substances in the possession of a trainer and Covered

Person, noting that the arbitrator in Puype declined to separately sanction the trainer

for two violations that arose from the same investigation. The ALJ Himes Decision

also noted it ”is a widely accepted general principle of sports law that the severity of a

penalty must be in proportion with the seriousness of the infringement,” citing W. v.

FEI, CAS 99/A/246 at ¶31 (May 11, 2000). The ALJ Himes Decision found that the

four ADRVs arose from Dr. Shell’s professed but mistaken belief that he was able to

possess Banned Substances for his Non-Covered practice and that imposing

consecutive Ineligibility periods and cumulative fines on him for each of the

Possession violations would be “grossly disproportionate” to the underlying

misconduct. ALJ Himes Decision at p. 50.

7.7.4 HIWU acknowledges in its closing brief that the principle of

proportionality permits -- but does not require -- the Arbitrator to determine whether

individual sanctions should be imposed for each of the charged and established

ADRVs, or whether individual sanctions should be combined to allow for an overall

19

The Arbitrator does not repeat Judge Himes’ reasoning here.

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reduction in the penalty. ACB at ¶¶40, 41. HIWU argues that the proportionality

considerations that led Judge Himes to combine the individual sanctions do not apply

here, because unlike Dr. Shell, Dr. Overly does not come into this proceeding with

clean hands, having violated CHRB Rules on four occasions, and unlike Dr. Shell Dr.

Overly did not have a “misunderstanding” about his ability to possess Banned

Substances for his Non-Covered practice (because Dr. Overly cannot point to any

regular, documented use of Testosterone or Isoxsuprine in his Non-Covered Practice),

and Dr. Overly is not nearing the end of his veterinary career such that imposing a

four year period of Ineligibility would result in a permanent expulsion from practicing

in the HISA covered racing industry. ACB at ¶40

7.7.5 Applying relevant case law, the Arbitrator finds that both ADRVs at issue

here arose from a single occurrence – the July 23, 2024 Search. The Arbitrator also

finds both of the ADRVs are related to Dr. Overly’s professed and mistaken belief

that because he had a majority of Non-Covered horses in his practice, he was able to

carry Banned Substances on his truck at Los Alamitos which were intended for use in

his Non-Covered practice without having to articulate or establish a specific need to

carry that Banned Substance at Los Alamitos for any particular part of his NonCovered practice. Considering Dr. Overly’s professed belief and the widely accepted

general principle of sports law that the severity of a penalty should follow the fault,

the Arbitrator cannot find the fact that HIWU found two Banned Substances on Dr.

Overly’s truck on July 23, 2024 supports two separate sanctions and periods of

Ineligibility and instead, as in the ALJ Himes Decision and HIWU v. Puype, finds the

sanctions should be combined.

7.8 Ineligibility

7.8.1 Having determined that the principles of proportionality require the

sanctions for Dr. Overly ‘s two ADRVs for Possession of a Banned Substance under

the ADMC Program on July 23, 2024 to be combined, the Arbitrator considers

whether the standard two (2) years Period of Ineligibility for a Possession ADRV may

be eliminated or reduced by considering whether there was No Fault, or No

Significant Fault or Negligence.

7.8.2 For a charge of Possession, unlike for charges of Use or Presence, there is

no predicate to reaching the No Significant Fault or Negligence standard (such as

having to show source). Accordingly, in Possession cases, once the elements of

Possession are found to be present, the analysis proceeds directly to the fault analysis

to the extent that has been asserted by a charged party.

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7.8.3 Elimination of Sanctions. To eliminate entirely the sanctions that may be

imposed for an ADRV, Dr. Overly has the burden of proving “no fault or negligence”

(“No Fault”) on his part. Rule 3224(a). The definition of No Fault is as follows:

“the Covered Person establishing that he or she did not know or suspect,

and could not reasonably have known or suspected, even with the exercise

of utmost caution, that he or she had administered to the Covered Horse (or

that the Covered Horse’s system otherwise contained) a Banned Substance

or a Controlled Medication Substance, or that he or she had Used on the

Covered Horse a Banned Method or a Controlled Medication Method, or

otherwise committed an Anti-Doping Rule Violation or Controlled

Medication Rule Violation. . . .”

7.8.4 With respect to Possession, No Fault is established where the accused “did

not know or suspect, and could not have reasonably known or suspected, even with

the exercise of utmost caution,” that the elements of Possession were satisfied. Thus,

to establish No Fault, Dr. Overly must show that despite the exercise of utmost

caution he could not have reasonably known or suspected he was committing an

ADRV by having Testosterone and/or Isoxsuprine on his veterinary truck at Los

Alamitos.

7.8.5 Here, the undisputed evidence shows: 1) Dr. Overly was aware of the new

HISA regulations and claims to have studied them; 2) Dr. Overly knew Testosterone

and Isoxsuprine are Banned Substances under the new HISA regulations; 3) Dr.

Overly knew he had Testosterone on his veterinary truck at Los Alamitos and Dr.

Overly’s veterinary technician Ms. Ingram knew she had loaded Isoxsuprine on his

veterinary truck on July 17, 202420. AT Dau 2 35:18-36:12. Dr. Overly admitted he

read the rules, did due diligence, and claimed to have read and relied on Dr. Scollay’s

statement about compelling justification before July 23, 2024. However, Dr. Overly

also admitted that he made no effort to reach out to Dr. Scollay or anyone else at

HIWU to discuss the mixed nature of his practice, his need to carry Testosterone (or

Isoxsuprine) at Los Alamitos and whether he was at risk of violating the Possession

Rule. AT 2 46:16-47:12; Nor did he make any effort to review her full presentation

which was available on the HIWU website. AT 2: 43:3-7.

7.8.6 On these facts, Dr. Overly cannot show he used “utmost caution” to avoid

committing an ADRV. The case law makes it clear that a finding of No Fault only

applies in exceptional circumstances and this is not such a case. See, e.g., FIS v.

20

Dr. Overly testified that Ms. Ingram loaded the Isoxsuprine on his truck on July 17, 2024 at the request of

Brownie’s owner. AT 358:4 – 359: 20; 362:10- 363:4. Ms. Ingram’s knowledge is imputed to Dr. Overly and he is

strictly liable for ensuring that the staff he delegates responsibility to for loading and unloading substances on his

veterinary truck comply with the Rules.

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Johaug, CAS 2017/A/5015 & 5110, ¶ 190 (Aug. 21, 2017) (“[A]thletes have a duty to

cross-check assurances given by a doctor even where such a doctor is a sports

specialist.”). Rule 3224 does not apply. Elimination of any sanction for either ADRV

is unwarranted.

7.8.7 Reduction of sanctions. Failing proof of No Fault, Dr. Overly may reduce

the sanctions by proving “no significant fault or negligence” (“NSF”” or “No

Significant Fault”). Rule 3225(a); See In re Poole, FTC No. 9417 at 10-11 (ALJ

Decision on Application for Review, Nov. 13, 2023); In re Lewis, (ALJ Decision on

Application for Review) FTC No. 9434 at 12-13.

7.8.8 No Significant Fault is defined in the ADMC Program as:

“the Covered Person establishing that his or her fault or negligence, when

viewed in the totality of the circumstances and taking into account the

criteria for No Fault or Negligence, was not significant in relationship to

the Anti-Doping Rule Violation or Controlled Medication Rule Violation

in question. . . .” (Emphasis added).

7.8.9 If the Arbitrator finds No Significant Fault, then Dr. Overly could be

Ineligible for anywhere between three (3) months and twenty-four (24) months for the

Possession ADRVs, depending on the level of fault. Rule 3225(a). This is a broad

range of possible Ineligibility. Other cases considering this issue across a similarly

broad range, including HIWU v. Poole, supra, have found it useful, analytically, to

break the range into three basic groupings. This Arbitrator finds such a grouping to be

useful for analyzing fault in Possession cases.

7.8.10 In CAS 2013/A/3327 Cilic v. International Tennis Federation, the CAS

panel determined that such broad fault ranges can be broken down into categories of

month ranges of fault based on level of fault and then the precise punishment within

those category ranges could be further broken down into precise fault-based

punishments on a monthly basis. As stated by the CAS Panel:

“71. In order to determine into which category of fault a particular case

might fall, it is helpful to consider both the objective and the subjective level of

fault. The objective element describes what standard of care could have been

expected from a reasonable person in the athlete’s situation. The subjective

element describes what could have been expected from that particular athlete, in

light of his personal capacities.

72. The Panel suggests that the objective element should be foremost in

determining into which of the three relevant categories a particular case falls.

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73. The subjective element can then be used to move a particular athlete up

or down within that category.”

7.8.11 The Arbitrator finds the analysis in HIWU v. Poole persuasive that

roughly adhering to the Cilic ranges on the three (3) to twenty-four (24) months

overall range, the 21 months of possible Periods of Ineligibility for each ADRV

within the 3 to 24 month overall range could be broken down into roughly three (3)

seven (7) month ranges of objective fault. The period of three (3) to ten (10) months

could be described as slight or insignificant fault. The period of ten (10) to seventeen

(17) months could be described as moderate fault. The period of seventeen (17)

months to twenty-four (24) months could be described as significant fault. HIWU v.

Poole, ¶7.17.

7.8.12 The objective factors considered in Cilic are those factors that describe

the standard of care that could have been expected from a reasonable person in this

situation and look to what steps the Covered Person took to avoid committing an

ADRV. Cilic, ¶¶71, 74, 75.

7.8.13. Applying the Cilic ranges as a guide, the Arbitrator determines that Dr.

Overly’s conduct demonstrates that his fault or negligence was significant in relation

to the ADRVs here and thus objectively falls into the “considerable” fault range for

the following reasons:

a. Dr. Overly was aware that the ADMC Program was new and that it

regulated the use and possession of certain substances that may have previously

been permitted. AT 2 35:18-36:16.

b. Dr. Overly testified that after he heard about the HISA Rules he educated

himself, listened to blogs, and read all the information on the HISA/HIWU

website and whatever data that was emailed to him, met with colleagues and met

with Dr. Blea, the Equine Medical Director for CHRB and talked with him

numerous times about the rules and how they differ from California regulations.

AT 1 323:6 – 324:11.

c. Dr. Overly further testified that as part of his research he learned about a

statement made by Dr. Scollay “from a blog” and was aware that she was the

scientific director of HISA. AT 1 332:14 – 333:18; 336:14 – 337:9. Specifically,

Dr. Overly claims he was aware of Dr. Scollay’s statement that the regulations

addresses if there is a justification for them to be in possession of a banned

substance because of a practice incorporating Non-Covered horses. AT 1 334:21

– 335:18.

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d. Dr. Overly testified that he took Dr. Scollay’s statement to mean that if

he was working on Non-Covered horses he was entitled to carry the medication

that he was legally allowed to have. AT 1 338:2 – 24.

e. Despite being concerned about Rule 3214, Dr. Overly did not make any

effort to contact Dr. Scollay or anyone else at HIWU to talk about compliance.

AT 2 45:19-47:05.

f. Although he claimed to have read everything available to him, Dr. Overly

acknowledged he had not read all of the cases posted on the HIWU website and

could not remember reading any of the cases. AT 2 36:11-37:06. Dr. Overly

similarly did review Dr. Scollay’s full presentation which was available on the

HIWU website. AT 2 43:19-43:7.

g. After reading the HISA Rules and taking inventory, even though he knew

Testosterone and Isoxsuprine were both Banned Substances under the ADMC

Program, Dr. Overly only removed biphosphonates from his truck (and

instructed his staff not to load biphosphonates on his truck) because they were

banned by both CHRB and HISA rules. AT 2 73:5-10.

g. Dr. Overly admits his truck was loaded and unloaded twice a day, five

days a week (typically before going to Los Alamitos each morning and after

returning from Los Alamitos and going to see off-track patients) and that he

delegated the responsibility for packing his truck to his vet technician assistants,

including Ms. Ingram. The rules are clear that delegation of this sort, of a task

that he would bear responsibility for under the ADMC Program, remains his

responsibility and the Isoxuprine was on his truck at the Los Alamitos on July

23, 2024 as a result of his delegation.

h. Dr. Overly had no explanation for why a tub of expired Isoxsuprine “fell

through the cracks” in his office and was still in a bin.

7.8.14 A reasonable veterinarian in Dr. Overly ‘s position would not have

assumed he or she had a right to carry Banned Substances at Los Alamitos without a

specific need for those substances in his or her Non-Covered practice simply based on

the Dr. Scollay statement. Instead, a reasonable veterinarian would have perceived

risk in carrying Banned Substances at Los Alamitos (as Dr. Overly acknowledges he

did) and would have taken steps to mitigate that risk – including reaching out to

HIWU and/or Dr. Scollay. Based on all the evidence in the record, the Arbitrator does

finds Dr. Overly did not take sufficient steps to mitigate that reasonably perceived risk

and the ADRVs are the direct result of his failure to do so. The Arbitrator thus finds

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that Dr. Overly’s objective fault is considerable, putting him in the uppermost range

of objective fault.

7.8.15 In determining the next analytical issue, his subjective level of fault, the

Cilic factors include consideration of whether there are any special factors which

impacted Dr. Overly’s ability to take reasonable steps to avoid ADRVs, such as youth,

inexperience, language barriers, etc.

7.8.16 The Arbitrator does not find that any of the Cilic subjective factors apply

to Dr. Overly. The only factor that weighs in Dr. Overly’s favor with respect to

subjective fault is that there was no evidence that Dr. Overly ever intended to or did

treat any Covered horse (or any Non-Covered horse other than Cosmo) with

Testosterone. There is similarly no evidence that Dr. Overly used the expired

Isoxsuprine with a Covered horse or any Non-Covered horse (including Brownie.

Thus there was no evidence that Dr. Overly intended to cheat (see, e.g., CAS

2008/A/1490 World Anti-Doping Agency (WADA) v. United States Anti-Doping

Agency (USADA) & Eric Thompson).

7.8.17 As a result, the Arbitrator determines that Dr. Overly may only benefit

from a very slight reduction in his subjective level of fault. After consideration of the

factors in the prior paragraph, the Arbitrator determines that Dr. Overly should receive

the benefit of a very modest 1 month reduction in his level of fault from what

normally would have been twenty-four (24) months21.

7.8.18 For the above stated reasons, the Arbitrator finds Dr. Overly should

suffer a Period of Ineligibility of 23 months, commencing immediately upon issuance

of this Corrected Award but with credit for time served under the prior Period of

Ineligibility and subsequent Voluntary Provisional Suspension.

7.9 Sanctions: Fine and Payment Toward Legal Fees and Arbitration Costs

7.9.1 Under the ADMC Program, the sanctions for an ADRV Possession

violation include, in addition to a Period of Ineligibility, a, “Fine up to $25,000 . . .

and Payment of some or all of the adjudication costs and [HIWU]’s legal costs”. Rule

3223(b). These consequences appear to be mandatory in their application; in other

words, upon finding a violation, the Arbitrator must also make a finding on the

applicable fine and the payment of the adjudication costs and HIWU’s legal costs.

21

Because the Arbitrator has found principles of proportionality preclude imposition of consecutive periods of

Ineligibility for the two separate ADRVs here, it is appropriate to use the high end of the range for objective fault as

the starting point.

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7.9.2 From reading Rule 3223(b), it is clear that the use of “and” after the

statement of the period of Ineligibility is conjunctive, and requires the Arbitrator to

issue a fine of some amount “up to $25,000”. The amount of this fine, however,

appears to be entirely discretionary with the Arbitrator (which HIWU concedes in its

brief), though some amount of fine appears to be mandatory. This Arbitrator is of the

view that the notion that the fine should follow the fault is a useful convention for

assessing a fine in any particular case arising under the ADMC Program.

7.9.3 Both sides agreed with the principle that the fine should follow the fault. In

other words, the amount of the fine under the range allowed of “up to $25,000” should

be commensurate with the amount of fault found.

7.9.4 Because the Arbitrator finds that Dr. Overly had significant fault a penalty

of $25,000 is appropriate, particularly in light of the finding that only a single

financial penalty will be imposed for the two ADRVs22.

7.9.5 With respect to issues of costs to be assessed, the Arbitrator notes that

HIWU has stated it does not seek reimbursement of or contribution to its legal fees in

this case. HIWU does seek contribution to the costs of the arbitration proceeding,

including the compensation of the Arbitrator and the arbitral bodies fees. While the

assessment of some portion of costs appears to be mandatory given the conjunctive

language used in Rule 3223(b), the amount of the contribution toward the arbitration

costs appears, like the fine, to be purely discretionary with the Arbitrator.

7.9.6 Using the same factual and equitable considerations for assessing the fine

above, the Arbitrator determines that Dr. Overly should make a contribution to the

arbitration costs of HIWU of $15,000, to be paid by the end of his period of

Ineligibility. This is not a scientific calculation, but one determined by the Arbitrator

to be appropriate given the circumstances and the ease with which Dr. Overly could

have avoided his predicament or the expense of arbitration fees by HIWU balanced

against his conduct and the circumstances.

AWARD

On the basis of the foregoing facts, legal analysis, and conclusions of fact, the

Arbitrator timely renders the following decision:

8.1

Dr. Overly is found to have committed two anti-doping rule violations,

for Possession of the Banned Substance Testosterone and for Possession of the

22

With the fault following the fine for a single ADRV, the Arbitrator would calculate a fine at 22/24ths of $25,000,

or $22,917. Because the Arbitrator concludes principles of proportionality limit what would otherwise be a $50,000

penalty for two ADRVs to a $25,000 penalty, no further reduction is necessary.

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Banned Substance Isoxsuprine on July 23, 2014 in violation of Rule 3214(a). Dr.

Overly’s July 23, 2024 ADRV violations are his first anti-doping rule violations for

Possession. As a result, Dr. Overly shall:

a. Be suspended for a period of Ineligibility of 23 months, commencing

immediately upon on the date of issuance of this Corrected Final Award, less

169 days credit for time served under the prior Period of Ineligibility and

subsequent Voluntary Provisional Suspension.23

b. Be fined $25,000.00 (twenty five thousand U.S. dollars) to be paid to

HIWU by the end of the Period of Ineligibility; and

c. Be required to pay a contribution of $15,000.00 (fifteen thousand U.S.

dollars) toward HIWU’s share of the arbitration costs of this proceeding by the

end of his Period of Ineligibility.

8.3 This Decision shall be in full and final resolution of all claims and

counterclaims submitted to this arbitration. All claims not expressly granted herein are

hereby denied.

IT IS SO ORDERED AND AWARDED.

Dated: August 21, 2025

__________________________________

Laura C. Abrahamson, C. Arb, F.Coll.Arb

Arbitrator

23

HIWU and Dr. Overly agree that Dr. Overly is entitled to 169 days credit for time served.

44

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 09/24/2025 OSCAR NO. 614149 -PAGE Page 50 of 52 * PUBLIC *

EXHIBIT 2

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 09/24/2025 OSCAR NO. 614149 -PAGE Page 51 of 52 * PUBLIC *

August 25, 2025

Secretary of the Federal Trade Commission

electronicfilings@ftc.gov

Re:

HISA Civil Sanction Notice

This notice is provided by the Horseracing Integrity and Safety Authority, Inc. (“HISA”) to the

Federal Trade Commission (the “Commission”) under 16 Code of Federal Regulations Part I,

Section 1.145 in connection with the imposition of civil sanctions under 15 U.S.C. 3057(d) and 15

U.S.C. 3055(c)(4)(B) for a violation of Rule Series 3000, the Equine Anti-Doping and Controlled

Medication Protocol approved by the Commission on March 27, 2023.

The following civil sanctions have been imposed against Dr. Larry Rickman Overly, who is a

Covered Person under the Horseracing Integrity and Safety Act of 2020, as amended:

1. A period of Ineligibility of twenty-three (23) months, beginning on February 26, 2025 (the

first day of your initial period of Ineligibility, which later became (uninterrupted) a Voluntary

Provisional Suspension), and continuing through January 25, 2027, pursuant to ADMC

Program Rule 3223;

2. A fine of $25,000, in accordance with ADMC Program Rule 3223;

3. An amount of $15,000 contribution to the adjudication costs for this matter; and

4. Public Disclosure in accordance with ADMC Program Rule 3620.

Any communications regarding this notice or the civil sanction set forth herein should be

directed to:

John L. Forgy

Counsel to HISA

830 Vermillion Peak Pass

Lexington, KY 40515

(859)-940-1215

Email: johnforgy1@gmail.com

/s/ John Forgy_________________

John L. Forgy

Counsel to HISA

cc:

Andrew J. Mollica, Esq., Counsel for Dr. Overly

Dr. Larry Rickman Overly

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 09/24/2025 OSCAR NO. 614149 -PAGE Page 52 of 52 * PUBLIC *

Proof of Service

I hereby certify that on August 25, 2025, pursuant to Federal Trade Commission Rule of

Practice §4.4(d), I transmitted this HISA Civil Sanction Notice via email to Mr. Andrew Mollica,

counsel for Dr. Larry Rickman Overly, at the email address jdmol@aol.com.

John L. Forgy

Counsel for HISA

830 Vermillion Peak Pass

Lexington, KY 40515

(859)-940-1215

Email: johnforgy1@gmail.com

/s/ John Forgy_________________

John L. Forgy

Counsel for HISA

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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