Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 5.00 - Rules Of Greyhound Racing › Section 5.01 - Foreword

Current through Register 1525, July 5, 2024
The Massachusetts State Racing Commission, hereinafter referred
				to as the Commission, was created by an act of the Legislature of the
				Commonwealth of Massachusetts in the year of 1934. M.G.L. c. 128A as inserted
				by St. 1934, c. 374 and amendments states that the Commission shall have full
				power to prescribe rules, regulations and conditions under which all dog races
				and dog racing meeting shall be conducted in the Commonwealth.
For the purpose of uniformity in rules with other states where
				dog racing is legalized, wherever the word "greyhound" appears in the title,
				foreword or in any rule it shall have the same meaning as the word "dog" as
				appearing in M.G.L. c. 128A.
For the same purpose wherever the word "fine" appears in the
				title or any rule it shall have the same meaning as the word "forfeiture" as
				appearing in M.G.L. c. 128A.
Rules of greyhound racingas herein prescribed apply to all
				persons or individuals, associations or corporations which shall hold or
				conduct any dog races and dog racing meetings within the Commonwealth of
				Massachusetts, licensed by the Commission where dog races shall be permitted
				for any stake, purse or reward and the definitions here given are to be
				considered in connection with the rules of greyhound racing and as a part of
				them.
All licensees and participants are charged with knowledge of
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				5.00. No licensee or other persons shall engage in his
				or her occupation or trade at any Massachusetts dog racetrack without first
				reading
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				5.00.
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.
205 CMR
				5.00 shall also apply to any participant in or patron
				of any such licensed meeting.
In reading
				205 CMR
				5.00, unless the text otherwise requires, it shall be
				understood without constant reference thereto, that they apply only in the
				Commonwealth of Massachusetts.
Every license to hold a meeting is granted upon the condition
				that the Association shall accept, observe and enforce
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				5.00. Furthermore, it shall be the duty of each and
				every officer, director and every official and employee of said Association to
				observe and enforce
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				5.00.
Any and all of
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				5.00 may be amended, altered, repealed, or
				supplemented by new or additional rules.
The Commission may make exceptions to any rule or rules in
				individual instances as in its judgement it may deem proper.
The Commission may alter, amend or modify any penalty or
				decision or infraction of the rules imposed or made by it or its predecessors,
				except as otherwise provided by law.
The laws of the Commonwealth of Massachusetts and the rules
				promulgated by the Commission supersede the conditions of a race or the
				regulations of a racing meeting.
205 CMR
				5.00 is promulgated by the Commission are supplemented
				by the State Administrative Procedure Law found in M.G.L. c. 30A. M.G.L. c. 30A
				provides the procedures, which 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, veils or
				arguments in support of such request.
If a dispute should arise concerning a ruling by a Judge or
				other racing official, any party affected by such ruling has a right to an
				appeal to the Commission upon written notice to the Commission. At such hearing
				each party shall be given an opportunity to be represented by an attorney, to
				call and examine witnesses, to introduce exhibits, to cross-examine witnesses
				who testify and to submit rebuttal evidence.
The Commission shall make available upon request an official
				record of the hearing and a party may request and receive a transcript of such
				record upon payment to the Commission of the cost of such transcript. The
				Commission shall provide, in writing, its decision along with findings of fact
				and conclusions of law.
Any person who does not agree with a final decision of the
				Commission shall be entitled to judicial review of such decision by filinga
				petition for review in Superior Court within 30 days after receipt of notice of
				the final decision of the Commission. The review shall be conducted by the
				court without a jury, and in most instances, shall be confined to the
				record.
The rules on pari-mutuel wagering are located in an entirely
				separate rule book entitled
				205 CMR 6.00
Pari-mutuel Rules for Horse Racing, Harness Horse Racing and Greyhound
				Racing
.