Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › HEARING RIGHTS › Section 165.231 - Hearing rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commission or an association licensed by the Commission shall have the right
					 and obligation to deny access to or to eject from facilities of a track a
					 patron or licensee whose presence or conduct is deemed detrimental to the best
					 interests of racing or to the orderly conduct of a racing meet.
(b) At the time of or immediately following
					 ejectment of or denial of access to a licensee, the association or Commission
					 agents acting therein shall advise the licensee in writing of his right to
					 demand a hearing by mailed service of the form of notice as shall from time to
					 time be prepared and supplied by the Commission. The form of notice shall be in
					 a form prepared by the Commission and shall be mailed to the most current
					 licensed address of the ejectee by certified return receipt mail.
(c) The notice shall advise the ejectee that
					 he shall have a right to demand a hearing upon the ejection if written demand
					 for the same is served upon the association in question and is received by the
					 executive offices of the Commission no later than 48 hours following receipt by
					 the ejectee of the notice confirming ejection. If an ejectee shall timely file
					 a demand for a hearing, the hearing shall be scheduled within 48 hours of the
					 time of receipt of the demand or as soon thereafter as possible. The hearing
					 shall be at the executive offices of the Commission. Notice of the date and
					 time of the hearing shall be forwarded to the most current licensed address of
					 the ejectee and to the executive office of the association.
(d) The hearing shall be scheduled and
					 conducted before a hearing officer to be designated by the Commission. The
					 hearings shall be held in an informal manner and shall be mechanically recorded
					 by the hearing officer. The hearing officer shall immediately upon conclusion
					 of the hearing prepare a detailed summary of the hearing for review by the
					 Commission. The rules of evidence as described in §
											165.183(f)
					 (relating to Commission hearings) shall apply to the hearings.
(e) Persons attending or participating in
					 hearings shall comply with the following:
(1)
					 Persons attending or participating in the hearing shall be obligated to and
					 shall cooperate fully with the hearing officer and shall answer relevant
					 questions and supply relevant information that may be requested. A person shall
					 have the privilege of being represented by counsel of his choice and shall bear
					 the sole responsibility for insuring and seeing to the presence and
					 availability of the same at the time and place scheduled for the hearing. The
					 person shall have the right to examine and cross-examine witnesses and to see
					 written matters that are introduced into the record or used in evidence in the
					 course of a hearing. Matters so used shall become a permanent part of the
					 hearing file.
(2) If the ejectee
					 waives receipt of a completed transcript of the hearing, the Commission will
					 render a final summary report and decision no less than 48 hours following the
					 conclusion of the hearing. If the ejectee, the Commission, or a directly
					 interested party requests a completed transcript prior to decision, a final
					 decision shall then be rendered 48 hours following the receipt of the
					 transcript.