Respondent subject to out-of-competition ("OOC") testing in 2004. As a result of several events, a Missed Test-Unavailable was declared. Because of a missed test in an eighteen month period Claimant charges Respondent with an anti-doping rule violation. Respondent failed his tests because had largely given up trying to race competitively.
Discussion and findings: Therefore, this panel imposes a two-year period of ineligibility commencing on the day of the hearing, August 22, 2006. WADA Code, Art. 10.8. This panel also disqualifies any and all of Mr. Mortenson's competitive results achieved on and subsequent to October 22, 2005, the day of his last violation. WADA Code, Art. 10.7.
The administrative fees and expenses of the American Arbitration Association and the compensation and expenses of the arbitrators shall by borne entirely by USOC.
