Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.01 - Foreword

Current through Register 1525, July 5, 2024
The Massachusetts Gaming Commission, hereinafter called the
				Commission, was created by an act of the Legislature of the Commonwealth of
				Massachusetts in the year 2011. M.G.L. c. 23K as inserted by St. 2011, c. 194,
				§ 16 and amendments states that the Commission shall have full power to
				prescribe rules, regulations and conditions under which all horse races or
				horse racing meetings shall be conducted in the Commonwealth.
205 CMR 4.00, applies to all
				persons or individuals, associations or corporations, which shall hold or
				conduct any running horse racing meeting within the Commonwealth of
				Massachusetts licensed by the Commission, where horse racing shall be permitted
				for any stake, purse or reward and the definitions here given are to be
				considered in connection with
				205 CMR
				4.00 and as a part of it.
All licensees and participants are charged with knowledge of
				205 CMR
				4.00. No licensee or other persons shall engage in his
				or her occupation at any Massachusetts running horseracing track without first
				reading
				205 CMR
				4.00.
Should any question arise as to the meaning of any rule or
				regulation, the Commission or its representatives will be available to provide
				an explanation.
Every license to hold a meeting is granted upon the condition
				that the licensee shall accept, observe and enforce
				205 CMR
				4.00. Furthermore; it shall be the duty of each and
				every officer, director and every official and employee of said licensee to
				observe and enforce
				205 CMR
				4.00.
Any and all of
				205 CMR
				4.00 may be amended, altered, repealed or supplemented
				by new and additional rules.
The Commission may make exceptions or waive any rule or rules
				in individual instances as in its judgment it may deem proper.
The Commission may rescind, modify or increase any penalty or
				decision on infraction of the rules imposed or made by the racing
				officials.
The laws of the Commonwealth of Massachusetts and
				205 CMR
				4.00 supersede the conditions of a race, or the
				regulations of race meeting.
205 CMR 4.00 is supplemented
				by the State Administrative Procedure Law found in M.G.L. c. 30A. M.G.L. c. 30A
				provides the procedures that must be followed by all state agencies on such
				matters as the amending process and the adjudicatory procedure. Under M.G.L. c.
				30A any interested party has the right to attend all hearings conducted by the
				Commission for the purpose of the adoption or amendment of any rule or
				regulation. The Commission shall afford any interested person an opportunity to
				present data, views or arguments in regard to any proposed rule change. Upon
				written notice to the Commission, a person may request the adoption, amendment
				or repeal of any regulation with an opportunity to present data, views or
				arguments in support of such request.
If a dispute should arise concerning a ruling by a steward or
				other racing official, any party affected by such ruling has a right to an
				appeal to the Commission in accordance with the provisions of
				205
				CMR 101.02
The rules on pari-mutuel wagering are located in an entirely
				separate rulebook entitled
205 CMR 6.00 Pari-mutuel Rules
				for Horse Racing, Harness Horse Racing and Greyhound
				Racing
.