Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.01 - Foreword

Current through Register 1525, July 5, 2024
The Massachusetts Gaming Commission, hereinafter referred to as
				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 harness horse races
				or harness horse racing meetings shall be conducted in the Commonwealth.
205 CMR 3.00 applies to all
				persons or individuals, associations or corporations, which shall hold or
				conduct any harness horse racing meeting within the Commonwealth of
				Massachusetts licensed by the Commission where harness horse racing shall be
				permitted for any stake, purse or reward and the definitions here given are to
				be considered in connection with the rules of harness horse racing and as a
				part of them.
All licensees and participants are charged with knowledge of
				205 CMR
				3.00. No licensee or other person shall engage in his
				or her occupation or trade at any Massachusetts harness horse race track
				without first reading the
				205 CMR
				3.00.
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 3.00 shall also apply
				to any participant in or patron of any such licensed meeting. In reading
				205 CMR
				3.00, 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 licensee shall accept, observe and enforce
				205 CMR
				3.00. 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
				3.00. Any and all of
				205 CMR
				3.00 may be amended, altered, repealed or supplemented
				by new and additional rules.
The Commission may make exceptions to any rule or rules in
				individual instances as in their judgement they may deem proper.
The Commission may rescind or modify any penalty or decision or
				infraction of the rules imposed or made by the racing officials.
M.G.L. c. 128A, and
				205 CMR
				3.00 supersede the conditions of a race, or the
				regulations of a race meeting.
205 CMR 3.00 as 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 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
.
The Massachusetts Gaming Commission adopts the United States
				Trotting Association (USTA) Rules and Regulations as amended; and supplements
				those rules and regulations with
				205 CMR
				3.00.
In any situation where a conflict exists between the United
				States Trotting Association Rules and
				205 CMR
				3.00,
				205 CMR
				3.00 will govern. In any instance where a situation is
				not covered by the USTA Rules,
				205 CMR
				3.00 will govern and
vice versa
. The
				assessment of fines and suspensions shall be in the discretion of the Judges
				and the Gaming Commission.