reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 403 - EQUINE VETERINARY PRACTICES-TEMPORARY REGULATIONS › Section 403.18 - Compounded medications on racetrack grounds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  possession or use of any drug, substance, or medication on the licensed
				  racetrack grounds which has not been approved by the appropriate Federal agency
				  (for example, the United States Food and Drug Administration) for use in humans
				  or animals is forbidden without prior approval from the Commission or its
				  designee.
(b) It is a violation of
				  this regulation to possess, use, or distribute a compounded medication on
				  licensed racetrack grounds if there is an FDA approved equivalent of that
				  substance available for purchase. A difference in available formulations or
				  concentrations does not alleviate the need to use FDA approved
				  products.
(c) It is a violation of
				  this regulation to possess, use or distribute a compounded medication on
				  licensed racetrack grounds made from bulk substances, if an FDA approved
				  equivalent is available for purchase.
(d) Combining two or more substances with
				  pharmacologic effect constitutes the development of a new drug and is
				  prohibited. This may only be done in accordance with state and local laws and
				  must contain FDA approved medications, if available.
(e)
Compounded veterinary
				  drugs
. Veterinary drugs shall be compounded in accordance with all
				  applicable state and Federal laws. Compounded medication shall be dispensed
				  only by prescription issued by a licensed veterinarian to meet the medical
				  needs of a specific horse and for use only in that specific horse.
(f) All compounded medications must be
				  labeled in accordance with §
										403.12 (relating to medical
				  labeling).
(g) Possession of an
				  improperly labeled product by any person on the licensed racetrack grounds is
				  considered a violation of this section and may subject the person to a
				  penalty.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 405 - OUT-OF-COMPETITION TESTING PROGRAM-TEMPORARY REGULATIONS › Section 405.1 - General purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to ensure the health, safety
					 and welfare of racehorses and to properly safeguard the integrity of racing,
					 the interests of the general public and the participants in racing by testing
					 racehorses for performance enhancing substances that may not otherwise be
					 detected with post-race testing and to deter the illegal use of these
					 substances.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 405 - OUT-OF-COMPETITION TESTING PROGRAM-TEMPORARY REGULATIONS › Section 405.2 - Out-of-competition testing authorization

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under the
				  statutory authority set forth in act, the Commission may, at any reasonable
				  time, on any reasonable date draw blood, urine or other biologic samples as
				  authorized by Commission rules from a horse to enhance the ability of the
				  Commission to enforce its medication and anti-doping rules. All these samples
				  shall be the property of the Commission.
(b) This rule authorizes only the collection
				  and testing of samples and does not independently make impermissible the
				  administration to or presence in any horse of any drug or other
				  substance.
(c) A race day
				  prohibition or restriction of a substance by a Commission rule is not
				  applicable to an out-of-competition test unless there is an attempt to race the
				  horse in a manner that violates this rule.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 405 - OUT-OF-COMPETITION TESTING PROGRAM-TEMPORARY REGULATIONS › Section 405.3 - Horses eligible to be tested

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any horse
				  that has engaged in racing activities, including training and competing in
				  horse racing in this Commonwealth is eligible to be selected for random
				  testing, as set forth below. This shall include, without limitation, any horse
				  which is located, stabled or trained outside of this Commonwealth in
				  preparation to participate in racing within this Commonwealth.
(b) A horse is presumed eligible for
				  out-of-competition testing if:
(1) It is on
				  the grounds of a racetrack or horse facility within this Commonwealth. If the
				  trainer of record or a designee of the selected horse is not available, the
				  trainer will be given 24 hours to produce the specified horses at the
				  designated racetrack or location for samples to be taken.
(2) It is under the care or control of a
				  trainer licensed by the Commission;
(3) It is owned by an individual owner or
				  ownership group or partnership duly licensed by the Commission;
(4) It is entered or nominated to race at a
				  racetrack or other facility licensed by the Commission;
(5) It has raced within the previous 12
				  months at a racetrack or other facility licensed by the Commission;
				  or
(6) It is nominated to a program
				  based on racing in this jurisdiction, including a Thoroughbred breeder's award
				  race, or Standardbred sire stakes race.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 405 - OUT-OF-COMPETITION TESTING PROGRAM-TEMPORARY REGULATIONS › Section 405.4 - Selection of horses to be tested

Current through Register Vol. 54, No. 28, July 13, 2024
Horses shall be selected for random sampling by the breed
					 specific Bureau Director, or a designee of the Bureau Director. Selection of
					 horses to be sampled and tested may be based upon any of the following:
(1) Reasonable suspicion or probable cause
				  based upon gathered intelligence or investigation;
(2) The seizure of illegal medication, drugs
				  or paraphernalia in the custody, control or possession of the horse's owner,
				  trainer or groom;
(3) An enumerated
				  "condition" of licensure;
(4) Past
				  medication or drug violations;
(5)
				  Documented changes in the horses performances; or
(6) Horses entered in Stakes Races in
				  Pennsylvania.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 405 - OUT-OF-COMPETITION TESTING PROGRAM-TEMPORARY REGULATIONS › Section 405.5 - General procedures for collecting samples

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
				  request, the Commission Veterinarian, Commission investigators and any other
				  person designated to take samples for the Commission shall provide proper
				  identification and disclose the purpose of the sampling to the owner, trainer
				  or designated attendant of the horse.
(b) All samples shall be collected by and
				  under the supervision and direction of a Commission Veterinarian or other
				  persons duly employed or designated by the Commission. Samples taken outside of
				  this Commonwealth may be taken by a regulatory veterinarian employed by the
				  racing jurisdiction of the state where the sample is collected, or by a
				  veterinary technician who is acting under appropriate supervision of the
				  regulatory veterinarian.
(c) The
				  Commission need not provide advanced notice before arriving at any racing
				  facility or other location, whether or not licensed by the Commission, to
				  collect samples.
(d) Upon request
				  by a representative of the Commission, the trainer, owner or their specified
				  designee shall immediately provide information regarding the exact location of
				  their horses which are eligible for out-of-competition testing.
(e) If a representative of the Commission has
				  previously sought and received permission from a managing owner of a facility
				  at which a selected horse is located, no trainer or other custodian of a
				  selected horse may refuse or decline the sampling of the selected horse. The
				  Commission may attempt but is not required to contact the managing owner of the
				  facility again to secure the immediate sampling of the selected
				  horse.
(f) The trainer, owner, or
				  their specified designee shall cooperate fully with the Commission's
				  representative collecting the out-of-competition samples for the Commission.
				  Full cooperation by the trainer, owner, or specified designee shall include:
(1) Assisting in the immediate location and
				  identification of the horses;
(2)
				  Making the horse available as soon as practical upon arrival of the person who
				  is responsible for collecting the samples;
(3) Providing a stall or other safe location
				  to collect the samples;
(4)
				  Assisting the person who is collecting samples in properly procuring the
				  samples; and
(5) Witnessing the
				  taking of samples including sealing of sample collection containers.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 405 - OUT-OF-COMPETITION TESTING PROGRAM-TEMPORARY REGULATIONS › Section 405.6 - Procedures for collecting samples from horses located outside the jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may arrange for the sampling of an
					 out-of-state horse by requesting that the selected horse be brought to a
					 designated racetrack or other location in this Commonwealth within 24 hours of
					 the request. Failure to abide by this request will result in a scratch of the
					 selected horse and the horse being placed on the Stewards' or Judges' list for
					 90 days and may further subject the owner, trainer or other specified designee
					 of record to a penalty under §
										405.9(a) (relating
					 to penalties for non-cooperation or positive tests).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 405 - OUT-OF-COMPETITION TESTING PROGRAM-TEMPORARY REGULATIONS › Section 405.7 - Analysis and use of collected samples

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commission may have out-of-competition samples tested to produce information
				  which may enhance or assist the ability of the Commission to enforce its
				  existing racing medication and anti-doping regulations.
(b) Existing post-race split sample rules and
				  procedures shall apply to out-of-competition testing, except that the split
				  sample shall be retained at the licensed racetrack.
(c) The Commission may use any remaining
				  sample for other equine research and investigation.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 405 - OUT-OF-COMPETITION TESTING PROGRAM-TEMPORARY REGULATIONS › Section 405.8 - Cooperation with the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Licensees
				  of the Commission are required to cooperate and comply fully with the
				  provisions of this chapter as set forth more specifically in §
										405.5(f) (relating
				  to general procedures for collecting samples).
(b) Any duly licensed person, including an
				  owner, trainer or groom shall be deemed to have given specific permission and
				  consent for Commission representatives to collect out-of-competition samples
				  from their horses regardless of the horse's physical location, whether stabled
				  on the grounds or shipped into a licensed racetrack. Licensees shall take any
				  steps necessary to authorize access by Commission representatives into the
				  premises.
(c) No other person shall
				  knowingly and intentionally interfere with or obstruct a sampling of
				  horses.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 405 - OUT-OF-COMPETITION TESTING PROGRAM-TEMPORARY REGULATIONS › Section 405.9 - Penalties for non-cooperation or positive tests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Failure or
				  refusal to make a horse available for sampling or other intentionally deceptive
				  acts or interference during the sampling process shall carry a minimum penalty
				  of a 180-day suspension, plus a $5,000 fine and referral to the Commission for
				  other action deemed appropriate. In addition to the foregoing, a horse entered
				  in to race, but not sampled due to the licensee's non-cooperation, may also be
				  scratched.
(b) A selected horse,
				  which is not made available for out-of-competition sampling, shall be placed on
				  the Steward's or Judge's list and shall remain on the list for a minimum of 90
				  days and must test negative per the out-of-competition testing requirements
				  before it may be removed from the list.
(c) A selected horse, which is presumed
				  eligible for out-of-competition testing, as set forth in §
										405.3(c) 
				  (relating to horses eligible to be tested), shall be placed on the Steward's or
				  Judge's list and shall be ineligible to race in this Commonwealth for 180 days
				  if the owner, trainer or their designee fails to provide evidence that the
				  horse is not engaged in racing activities related to competing in racing within
				  this Commonwealth. This restriction shall not apply if the trainer, owner or
				  their designee permits the immediate collection of the samples from the
				  horse.
(d) A trainer with a
				  positive test for Anabolic Steroids shall be fined $5,000 and suspended for a
				  period of 180 days. In addition, trainer shall also forfeit any purse money
				  earned.
(e) A trainer with a
				  positive test for blood doping agents shall be $10,000 and suspended for a
				  period of 2 years. In addition, trainer shall also forfeit any purse money
				  earned.
(f) All horses that test
				  positive for Anabolic Steroids or blood doping agents shall be placed on the
				  Steward's or Judges' List for a minimum of 90 days. A horse must provide a
				  negative test sample to be removed from the Steward's or Judge's
				  list.
This section cited in 7 Pa. Code §
												405.6 (relating to procedures for
						collecting samples from horses located outside the
						jurisdiction).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 407 - PHYSICAL INSPECTION OF HORSES-TEMPORARY REGULATIONS › Section 407.1 - Assessment of racing soundness and condition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every horse
				  entered to participate in an official race shall be subjected to a veterinary
				  inspection prior to starting in the race for which it is entered. The
				  inspection shall be conducted by the Commission Veterinarian or the Commission
				  Veterinarian's designee at a location determined by the Commission or the
				  Commission Veterinarian.
(b) The
				  trainer of each horse or a representative of the trainer must present the horse
				  for inspection as required by the examining veterinarian. Horses presented for
				  examination must have bandages removed and the legs must be clean. Prior to
				  examination horses shall not be placed in ice nor shall any device or substance
				  be applied to the horse which may impede veterinary clinical
				  assessment.
(c) The assessment of a
				  horse's racing condition shall include:
(1)
				  Proper identification of each horse inspected;
(2) Observation of each horse in
				  motion;
(3) Manual palpation and
				  passive flexion of both forelimbs;
(4) Visual inspection of the entire horse and
				  assessment of overall condition;
(5) Clinical observation in the paddock and
				  saddling area, during the parade to post and at the starting gate, during the
				  running of the race, and following the race until the horse has exited the race
				  track; and
(6) Any other inspection
				  deemed necessary by the Commission veterinarian and the Commission Veterinarian
				  designee.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 407 - PHYSICAL INSPECTION OF HORSES-TEMPORARY REGULATIONS › Section 407.2 - Veterinarian's List

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As set
				  forth in §
										305.203 (relating to Veterinarian's
				  List) of the Commission's regulations, the Commission Veterinarian shall
				  maintain the Veterinarian's List of all horses which are determined to be unfit
				  to compete in a race due to illness, unsoundness, injury, infirmity, heat
				  exhaustion, positive test or overage, administration of a medication invoking a
				  mandatory stand down time, administration of shock wave therapy or any other
				  assessment or determination by the Commission Veterinarian that the horse is
				  unfit to race.
(b) Horses so listed
				  are ineligible to start in a race in any jurisdiction until released by the
				  Commission Veterinarian, except when there is an unforeseen administrative
				  issue in releasing the horse from the Veterinarian's List of another racing
				  jurisdiction.
(c) A horse placed on
				  the Veterinarian's List for being unfit to compete in a race due to illness,
				  physical distress, unsoundness, injury, infirmity, heat exhaustion, or any
				  other assessment of determination by the Commission Veterinarian may be removed
				  from the Veterinarian's List when in the opinion of the Commission
				  Veterinarian, the condition which resulted in the horse's placement on the list
				  is resolved and the horse's status is returned to racing soundness.
(d) Horses participating in a qualifying race
				  or working to be released from the Veterinarian's List are to be subjected to a
				  post-exercise biologic sample collection for laboratory confirmation of
				  compliance at the expense of the current owner.
(e) Horses having generated a positive drug
				  finding on a biological sample collected under the Commission's regulations
				  shall not be released from the Veterinarian's List until it generates a
				  negative test.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 407 - PHYSICAL INSPECTION OF HORSES-TEMPORARY REGULATIONS › Section 407.3 - Postmortem examination and necropsy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A horse
				  that dies or is euthanized, whether in training or in competition, while
				  present on the licensed racetrack facility under the jurisdiction of the
				  Commission, shall undergo a postmortem examination (necropsy) at a laboratory
				  approved by the Commission to determine, where possible, the injury or sickness
				  which resulted in euthanasia or natural death. Within 24 hours of the horse's
				  death or euthanization, the Commission Veterinarian shall notify the Director
				  of the respective bureau in writing.
(b) A horse that dies or is euthanized while
				  present on the licensed racetrack facility, but not during training or
				  competition, may undergo a necropsy at the discretion of the Commission
				  Veterinarian based upon available information at the time.
(c) The Commission Veterinarian, in
				  coordination with the racetrack veterinarian, the racing secretary and the
				  owner or trainer of the horse, shall take physical possession of the horse upon
				  its death for postmortem examination. All shoes and equipment on the horse's
				  legs shall be left on the horse.
(d) The Commission Veterinarian or the
				  racetrack veterinarian shall collect blood, urine, bodily fluids, or other
				  biologic specimens immediately, if possible before euthanization. The
				  Commission may submit the blood, urine, bodily fluids, or other biologic
				  specimens collected from the horse to its testing laboratory for toxicological
				  analysis. The presence of a prohibited substance in a specimen collected from
				  the horse may constitute a violation. The collection of the biologic samples
				  post-euthanization shall not invalidate the findings by the testing laboratory
				  of a prohibited substance.
(e) To
				  maintain control of the evidentiary chain of custody, the necropsy report of
				  the deceased horse or other documentary findings and results shall remain in
				  the Commission's sole control and possession. All licensees shall be required
				  to comply with postmortem examination requirements as a condition of
				  licensure.
(f) The Commission may
				  direct that an investigation be conducted based upon the results of the
				  necropsy or the testing laboratory findings. These investigatory documents and
				  findings are not deemed public records for purposes of the act of February 14,
				  2008 (P.L. 6, No. 3), known as the Right-to-Know Law (65 P.S. §
											§
											67.101-67.3104).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 407 - PHYSICAL INSPECTION OF HORSES-TEMPORARY REGULATIONS › HORSE MORTALITY REVIEW BOARD › Section 407.4 - General purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) While
					 there are attendant risks associated with live Standardbred and Thoroughbred
					 racing, the Commission fully understands that the fatality of any racing horse
					 represents a tragic loss for the horse owners, trainers and caretakers and can
					 impact the health and safety of jockeys and drivers as well. The Commission's
					 top priority is to protect the welfare of the human and equine athlete and
					 reduce equine fatalities within this Commonwealth by establishing a Horse
					 Mortality Review Board (Mortality Board). The Commission believes that meetings
					 of the Mortality Boards should be educational in nature but should emphasize
					 everyone's collective responsibility to protect the safety and welfare of the
					 participating horse, drivers and jockeys.
(b) To that end, the objective of each
					 Mortality Board shall be to conduct a methodical review of information which is
					 intended to identify practical and relevant intervention procedures, protocols
					 and recommendations designed to potentially reduce the occurrence of racing
					 fatalities.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 407 - PHYSICAL INSPECTION OF HORSES-TEMPORARY REGULATIONS › HORSE MORTALITY REVIEW BOARD › Section 407.5 - Creation of Horse Mortality Review Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the licensing provisions
					 of Chapter 181 (relating to licensed racing entities-temporary regulations),
					 the Commission hereby directs that each Thoroughbred and Standardbred licensed
					 racing entity within this Commonwealth shall create a Horse Mortality Review
					 Board (Mortality Board) to be located at each racetrack facility to be approved
					 by the Commission.
(b) Each
					 Mortality Board shall include, at least, the following individuals:
(1) Racetrack Vice-President, General Manager
					 or similar level management person (Chair);
(2) A Commission Steward or Judge of the
					 applicable racetrack;
(3) A
					 Commission Veterinarian;
(4) A
					 representative of the applicable horsemen's organization;
(5) A jockey or driver
					 representative;
(6) Trainer and
					 assistant trainer (if applicable) of the fatally-injured horse;
(7) Attending veterinarian of the
					 fatally-injured horse;
(8)
					 Racetrack superintendent; and
(9)
					 Any other individual deemed necessary and appropriate by the Mortality
					 Board.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 407 - PHYSICAL INSPECTION OF HORSES-TEMPORARY REGULATIONS › HORSE MORTALITY REVIEW BOARD › Section 407.6 - Meeting procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Horse Mortality Review Board (Mortality Board) shall meet to discuss and
					 interview individuals related to each catastrophic horse injury occurring at
					 that racetrack facility. If no catastrophic injury has occurred, then the
					 Mortality Board shall meet at least quarterly throughout the year.
(b) Either shortly prior to or during the
					 Mortality Board meeting, the following documents, information or procedures, or
					 both, shall be reviewed:
(1) The video of
					 race, if applicable;
(2) The
					 attending or treating veterinarian's records for the fatally-injured horse for
					 a 30-day period prior to the horse's catastrophic injury;
(3) The past performance records to determine
					 the horse's exercise history warranted increased pre-race scrutiny;
(4) The Incompass or E-Track, or similar
					 racing database records to determine whether the horse had previously been on a
					 Steward's or Veterinarian's List;
(5) The pre-race examination
					 findings;
(6) Risk factors that may
					 apply to the fatally injured horse;
(7) The Death Certificate and the Commission
					 Investigative Report and Necropsy Report, if available;
(8) Any findings or results of blood or urine
					 tests conducted by the Commission's Testing Laboratory;
(9) The trainer's and veterinarian's
					 treatment log/sheets.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 407 - PHYSICAL INSPECTION OF HORSES-TEMPORARY REGULATIONS › HORSE MORTALITY REVIEW BOARD › Section 407.7 - Standardized questions

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission, in conjunction with the approved and
						established Horse Mortality Review Board (Mortality Board), shall develop a set
						of standardized questions to assist in identify factors which might predispose
						a horse to suffer catastrophic injuries. The standardized questions may be
						amended from time to time by the Mortality Board with the approval of the
						Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart F - Foreign Substances, Medications, Drugs and Equine Veterinary Practices › Chapter 407 - PHYSICAL INSPECTION OF HORSES-TEMPORARY REGULATIONS › HORSE MORTALITY REVIEW BOARD › Section 407.8 - Report and recommendations

Current through Register Vol. 54, No. 28, July 13, 2024
At the conclusion of each Horse Mortality Review Board
						(Mortality Board) meeting regarding a catastrophic horse injury, the Mortality
						Board shall prepare a report with conclusions and recommendations regarding the
						incident and shall provide a copy to all individuals on the Mortality Board and
						the Commission's Bureau Directors.
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 1 - PRELIMINARY PROVISIONS › Section 1.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
				words and terms, when used in this title, have the following meanings, unless
				the context clearly indicates otherwise:
Banking Code
-The Banking Code of 1965
				  (7
				  P.S. §§
											101-2204).
Commission
-The Banking and Securities
				  Commission of the Commonwealth, as established under sections 1121-A and 1122-A
				  of the Department of Banking and Securities Code (71 P.S. §§
											733-1121-A and 733-1122-A).
Department
-The Department of Banking and
				  Securities of the Commonwealth.
Secretary
-The Secretary of the
				  Department.
(b) Words and
				terms not otherwise defined in this title have the meanings specified in the
				Banking Code or the Department of Banking and Securities Code (71 P.S.
				§§
										733-1-733-1203).
The provisions of this §
											1.1 amended under section 202.C of
					 the Department of Banking and Securities Code (71 P.S. §
												733-202.C); section 609(a) of the
					 Pennsylvania Securities Act of 1972 (70 P.S. §
												1-609(a)); and section 9(b)
					 of the Takeover Disclosure Law (70 P.S. §
												79(b)).
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 5 - ASSESSMENTS › Section 5.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Bank
-The term as defined in section 102(f)
				  of the Banking Code (7 P. S. §
										102(f)).
Bank and trust company
-The term as defined
				  in section 102(g) of the Banking Code.
Consolidated total assets
-The total assets
				  as reflected in the FFIEC Call Report's "Schedule RC-Balance Sheet of the
				  Consolidated Reports of Condition and Income for a Bank with Domestic Offices
				  Only-FFIEC 041" or "Schedule RC-Balance Sheet of the Consolidated Report of
				  Condition and Income for a Bank with Domestic and Foreign Offices-FFIEC 031,"
				  as applicable.
Credit union
-The term as defined in
				  17 Pa.C.S. §
										102
				  (relating to application of title).
FFIEC Call Report
-A report promulgated by
				  the Federal Financial Institutions Examinations Council that sets forth
				  consolidated total assets and fiduciary assets.
Fiduciary assets
-The sum of the total
				  fiduciary assets in the FFIEC Call Report's "Schedule RC-T Fiduciary and
				  Related Services of the Consolidated Report of Condition and Income for a Bank
				  with Domestic Offices Only-FFIEC 041."
Fiscal year
-The term as defined in section
				  617(a) of The Administrative Code of 1929 (71 P. S. §
										237(a)).
NCUA Call Report
-A report promulgated by the
				  National Credit Union Administration that sets forth total assets.
Savings association
-The term as defined in
				  section 102(3) of the Savings Association Code of 1967 (7 P. S. §
										6020-2(3))
				  (repealed).
Savings bank
-The term as defined in section
				  102(x) of the Banking Code.
Total assets
-The total assets as reflected
				  on the "Statement of Financial Condition" in the NCUA Call Report.
Trust company
-The term as defined in section
				  102(dd) of the Banking Code.
UFIRS
-The Uniform Financial Institutions
				  Rating System.
UITRS
-The Uniform Interagency Trust Rating
				  System.
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 5 - ASSESSMENTS › Section 5.2 - Semiannual assessment for banks, bank and trust companies, savings banks and savings associations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Banks, bank and trust companies, savings banks and savings associations shall
				pay a semiannual assessment to the Department.
(b) The semiannual assessment on banks, bank
				and trust companies, savings banks and savings associations will be calculated
				as follows:
If the amount of the consolidated
							 total assets is:
The semiannual
							 assessment will be:
Over:
But not
							 over:
Base amount:
The
							 excess over:
Times (x):
0
$20,000,000
$6,070
+
0
0
$20,000,000
$100,000,000
$6,070
+
$20,000,000
0.000112059
$100,000,000
$200,000,000
$15,035
+
$100,000,000
0.000072836
$200,000,000
$1,000,000,000
$22,319
+
$200,000,000
0.000061631
$1,000,000,000
$2,000,000,000
$71,623
+
$1,000,000,000
0.000050425
$2,000,000,000
$6,000,000,000
$122,048
+
$2,000,000,000
0.000044822
$6,000,000,000
$20,000,000,000
$301,338
+
$6,000,000,000
0.000038139
$20,000,000,000
$835,284
+
$20,000,000,000
0.000019409
(c)
				Banks, bank and trust companies, savings banks and savings associations will be
				billed semiannually in December and June based upon the consolidated total
				assets reported in the immediately preceding FFIEC Call Report.
This section cited in 10 Pa. Code §
											5.5 (relating to adjustments to
					 assessments; invoicing); and 10 Pa. Code §
											5.6 (relating to implementation
					 schedule).
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 5 - ASSESSMENTS › Section 5.3 - Semiannual assessment for trust companies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Trust companies shall pay a semiannual
				assessment to the Department.
(b)
				The semiannual assessment on trust companies will be calculated on consolidated
				total assets plus fiduciary assets as follows:
If the amount of the consolidated
							 total assets is:
The semiannual
							 assessment will be:
Over:
But not
							 over:
Base amount:
The
							 excess over:
Times (x):
0
$20,000,000
$6,070
+
0
0
$20,000,000
$100,000,000
$6,070
+
$20,000,000
0.000112059
$100,000,000
$200,000,000
$15,035
+
$100,000,000
0.000072836
$200,000,000
$1,000,000,000
$22,319
+
$200,000,000
0.000061631
$1,000,000,000
$2,000,000,000
$71,623
+
$1,000,000,000
0.000050425
$2,000,000,000
$6,000,000,000
$122,048
+
$2,000,000,000
0.000044822
$6,000,000,000
$20,000,000,000
$301,338
+
$6,000,000,000
0.000038139
$20,000,000,000
$835,284
+
$20,000,000,000
0.000019409
plus
If the amount of the fiduciary
							 assets is:
The semiannual assessment will
							 be:
Over:
But not
							 over:
Base amount:
The
							 excess over:
Times (x):
0
$500,000,000
$6,746
+
$0
0
$500,000,000
$1,000,000,000
$13,492
+
$500,000,000
0
$1,000,000,000
$10,000,000,000
$13,492
+
$1,000,000,000
0.000002689
$10,000,000,000
$100,000,000,000
$37,689
+
$10,000,000,000
0.000000449
$100,000,000,000
$78,081
+
$100,000,000,000
0.0000001425
(c)
				Trust companies will be billed in December and June based upon the consolidated
				total assets and fiduciary assets reported in the immediately preceding FFIEC
				Call Report.
This section cited in 10 Pa. Code §
											5.5 (relating to adjustments to
					 assessments; invoicing); and 10 Pa. Code §
											5.6 (relating to implementation
					 schedule).
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 5 - ASSESSMENTS › Section 5.4 - Semiannual assessment for credit unions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Credit unions shall pay a semiannual
				assessment to the Department.
(b)
				The semiannual assessment on credit unions will be calculated as follows:
If the amount of the total assets
							 is:
The semiannual assessment will be:
Over:
But not
							 over:
This amount:
The
							 excess over:
Times (x):
0
$24,503,168
$2,500
+
$0
0
$24,503,168
$1,115,871,488
$2,500
+
$24,503,168
0.00010739750
$1,115,871,488
$3,376,610,357
$119,842
+
$1,115,871,488
0.00003130250
$3,376,610,357
$190,609
+
$3,376,610,357
0.00001045000
(c)
				Credit unions will be billed in December and June based upon the total assets
				reported in the immediately preceding NCUA Call Report.
This section cited in 10 Pa. Code §
											5.5 (relating to adjustments to
					 assessments; invoicing).
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 5 - ASSESSMENTS › Section 5.5 - Adjustments to assessments; invoicing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Adjustments.
(1)
Adjustment to
				assessments.
The Department may increase the amount of assessments
				generated by the calculations in §§
										5.2-5.4 (relating to semiannual
				assessment for banks, bank and trust companies, savings banks and savings
				associations; semiannual assessment for trust companies; and semiannual
				assessment for credit unions) if the projected assessments are insufficient to
				provide for the Department's budget due to increased costs of
				operation.
(2)
Amount of
				adjustment.
The increase permitted by paragraph (1) may not exceed the
				percentage increase in the Consumer Price Index over the fiscal year
				immediately preceding the fiscal year in which the Department submits its
				proposed budget to the General Assembly, as indicated by the "Consumer Price
				Index-All Urban Consumers: U.S. All Items 1982-84=100"published by the United
				States Department of Labor, Bureau of Labor Statistics, or other similar index
				published by the United States Department of Labor, Bureau of Labor
				Statistics.
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 5 - ASSESSMENTS › Section 5.6 - Implementation schedule

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
The Department will provide an implementation
				schedule for banks, bank and trust companies, savings banks, savings
				associations and trust companies to adjust to the assessments generated by this
				chapter.
(b)
Implementation
				schedule.
Banks, bank and trust companies, savings banks, savings
				associations and trust companies shall pay assessments according to the
				following implementation schedule:
(1) Seventy
				percent of the total assessment calculated by §§
										5.2,
				5.3 and
				5.5 (relating to semiannual
				assessment for banks, bank and trust companies, savings banks and savings
				associations; semiannual assessment for trust companies; and adjustments to
				assessments; invoicing) for the first 12 months after ___________.
(2) Eighty-five percent of the total
				assessment calculated by §§
										5.2,
				5.3 and
				5.5 for the second 12 months after
				___________.
(3) One hundred
				percent of the total assessment calculated by §§
										5.2,
				5.3 and
				5.5 for the third 12 months after
				___________.
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 5 - ASSESSMENTS › Section 5.6a - Implementation schedule-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
The Department is providing notice to all Commonwealth
				  State-chartered banks, State-chartered bank and trust companies,
				  State-chartered savings banks and State-chartered trust companies that the
				  implementation schedule in §
									5.6(b)(1)-(3)
				  (relating to implementation schedule) will be effective beginning with Fiscal
				  Year 2014-2015. Therefore, the Department will read the blanks in §
									5.6(b)(1)-(3) as
				  containing the date July 1, 2014.
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 7 - RESIDENTIAL REAL ESTATE TRANSACTIONS › Section 7.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter implements the act one purpose of which is to
				  assure that every citizen of the Commonwealth who has need for residential
				  mortgage credit is given meaningful information with respect to the cost of
				  that credit at a rate of interest reasonably related to market conditions.
				  Relevant credit information shall be disclosed so that the borrower may readily
				  compare the various credit terms available to him from various sources and
				  avoid the uninformed use of credit. Other purposes of the act which this
				  chapter touches include the provisions of the act as to foreclosure and the
				  establishment of lawful interest rates for various types of
				  transactions.
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 7 - RESIDENTIAL REAL ESTATE TRANSACTIONS › Section 7.2 - Definitions and rules of construction

Current through Register Vol. 54, No. 28, July 13, 2024
Unless the context indicates otherwise, the following
				  definitions and rules of construction apply:
Act
-The act of January 30, 1974 (P. L. 13,
				  No. 6) (41 P. S. §§
										101-605).
Actual settlement costs
-The term includes
				  the following:
(i) For the purposes of
				the act "actual settlement costs," is deemed to include the following:
(A) The attorney's fees of the residential
				mortgage debtor if the attorney either:
(I) Is
				representing the residential mortgage lender.
(II) Is, directly or indirectly, recommended
				to the residential mortgage debtor by the residential mortgage
				lender.
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 7 - RESIDENTIAL REAL ESTATE TRANSACTIONS › Section 7.3 - Determination of loan yield

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				finance charge is amortized over the contract term of the loan.
(b) The loan yield is computed as the annual
				percentage rate is computed in accordance with section 226.5(b),(c) and (d) of
				Regulation Z, 12 CFR
				226, but using the definition of finance
				charge provided for in the act.
This section cited in 10 Pa. Code §
											7.1 (relating to
					 definitions).
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 7 - RESIDENTIAL REAL ESTATE TRANSACTIONS › Section 7.5 - Commitments to enter into residential mortgages

Current through Register Vol. 54, No. 28, July 13, 2024
Except for F.H.A. and V.A. loans, a mortgage commitment when
				  agreed to by the residential mortgage debtor shall constitute a legally binding
				  obligation on the part of the residential mortgage lender to make a residential
				  mortgage loan within a specified time period in the future at a rate of
				  interest not exceeding the maximum lawful rate of interest effective as of the
				  date of commitment offer; provided, however, that the obligation may be
				  conditioned upon such contingencies as are customary and necessary under the
				  particular circumstances to protect the security of the residential mortgage
				  lender. The commitment may not include any condition for increase of the
				  interest rate at the time of loan settlement, even though the maximum lawful
				  rate is then higher.
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 7 - RESIDENTIAL REAL ESTATE TRANSACTIONS › Section 7.8 - Prepayment penalty prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Residential mortgage obligations contracted for on or after January 30, 1974
				may be prepaid in full without a penalty or other charge before the maturity of
				the loan obligation.
(b) A
				residential mortgage lender is entitled to receive a finance charge which
				includes interest and other charges permissible under the act, up to and
				including the date of receipt of prepayment from the residential mortgage
				debtor but not beyond the date of the receipt.
(c) Examples of this section are as follows:
(1) If a mortgage obligation requiring
				payment on the tenth day of each month is prepaid in full by the residential
				mortgage debtor and received by the residential mortgage lender on the fifth
				day of the month, the residential mortgage lender is entitled to the finance
				charge to the fifth day of the month, when the prepayment was
				received.
(2) If a residential
				mortgage obligation requiring payment on the first day of each month is prepaid
				in full by the residential mortgage debtor to the residential mortgage lender
				on the fourth day of the month, the residential mortgage lender is entitled to
				the finance charge to the fourth day of the month, when the prepayment was
				received.
(3) If a residential
				mortgage obligation requiring payment on the first of each month is prepaid in
				full and mailed on or before the first of the month by the residential mortgage
				debtor to the residential mortgage lender who does not receive such prepayment
				until the fourth day of the month, the residential mortgage lender is entitled
				to the finance charge to the fourth day of the month, when the prepayment was
				received.
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 7 - RESIDENTIAL REAL ESTATE TRANSACTIONS › Section 7.9 - Disclosure requirements-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Disclosures required under section 401 of
				the act (41 P. S. §
										401) are
				those disclosures required by the Truth in Lending Act (15 U.S.C.A. §§
										1601-1667e) and the Real Estate
				Settlement Procedures Act of 1974 (12 U.S.C.A. §§
										2601-2617). Residential mortgage
				lenders are not required to provide disclosures to residential mortgage debtors
				under section 401 when no disclosures are required to be provided by the Truth
				in Lending Act, the Real Estate Settlement Procedures Act of 1974 or
				regulations promulgated thereunder.
(b) By way of illustration, no disclosure is
				required under section 401 for an extension of credit for business or
				commercial purposes, even though the loan is secured by a lien on residential
				real estate, because those transactions are exempt under the Truth in Lending
				Act, the Real Estate Settlement Procedures Act of 1974 and regulations
				promulgated thereunder.
(c) This
				statement of policy reflects the Department's past and continuing
				interpretation of section 401 of the act since the act was amended in 1977 by
				section 1 of the act of December 16, 1977 (P. L. 328, No. 97).
The provisions of this §
											7.9 issued under section 601 of
					 the act of January 30, 1974 (P. L. 13, No. 6) (41 P. S. §
												601).
Pennsylvania Code › Title 10 - BANKING AND SECURITIES › Part I - General Provisions › Chapter 9 - INDIVIDUAL RETIREMENT ACCOUNTS › Section 9.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Commingle
-To invest the funds of different
				  accounts of an institution in a common trust or investment fund.
IRA account
-A trust created under the
				  Employee Retirement Income Security Act of 1974 (
				  26 U.S.C.A. §
										401
et seq.
) and amendments
				  to the act, for the exclusive benefit of an individual or the beneficiaries of
				  the individual, or both, which is in accord with the provisions of section
				  408(a) or (h) of the Internal Revenue Code of 1954 and the regulations of the
				  Internal Revenue Service pertaining to the sections.
Institution
-A bank as defined in section 581
				  of the Internal Revenue Code of 1954, and the regulations of the Internal
				  Revenue Service pertaining to the section, including a savings bank, a savings
				  association and a credit union, but not including a bank the accounts of which
				  are not insured by a department or agency of the United States.
Keogh
or
H.R. 10 Plan
-A
				  trust authorized under the act of October 10, 1962, Pub. L. 87-79276 Stat. 809,
				  for the benefit of a self-employed individual or other participants, which
				  qualifies under the Internal Revenue Code of 1954, exempt from tax under the
				  Code and subject to the regulations of the Internal Revenue Service pertaining
				  to such trusts.
Pool
-To combine the funds of different
				  accounts in a single deposit or account.
Trust
-A trust or custodial account as those
				  terms are defined in section 408(a) or (h) of the Internal Revenue Code of 1954
				  and the regulations of the Internal Revenue Service pertaining to such
				  sections.