reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › MEDICATION, PRERACE AND POST-RACE TESTING, PENALTIES FOR VIOLATIONS › Section 183.359 - Report by veterinarians

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Every veterinarian practicing on the grounds of the Association shall keep a
				  log of his activities which shall state:
(1)
				  The name of the horse treated by him.
(2) The nature of the ailment of the
				  horse.
(3) The type of treatment
				  prescribed and given by him to the horse.
(4) The date and time of
				  treatment.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › MEDICATION, PRERACE AND POST-RACE TESTING, PENALTIES FOR VIOLATIONS › Section 183.360 - Use of instruments

Current through Register Vol. 54, No. 28, July 13, 2024
Every veterinarian practicing on the grounds of an
					 Association, and every other person authorized to use instruments referred to
					 in this section, shall conform to the following:
(1) Use a new, unused, one-time disposable
				  hypodermic needle for the administration of each injection of medication or
				  another substance to a horse and shall forthwith, after each injection, dispose
				  of the needle in a manner approved by the Commission.
(2) Use a new, unused, disposable, one-time
				  syringe for each injection that can be administered with a syringe and shall
				  after each use, dispose of the syringe in a manner approved by the
				  Commission.
(3) Use a new, unused,
				  disposable, one-time scalpel for each treatment of a horse requiring the use of
				  an instrument, provided the disposable scalpel is adequate for the particular
				  operation to be performed. After completion of each treatment, the veterinarian
				  shall dispose of the scalpel in a manner approved by the Commission.
(4) Use other new, unused, one-time
				  disposable instruments as may be developed whenever the instruments are
				  adequate for the treatments to be administered and dispose of them in a manner
				  approved by the Commission.
(5)
				  Nondisposable hypodermic syringes, nondisposable scalpels, lip tattoo
				  equipment, forceps, and other types of instruments used in connection with the
				  examination and treatment of, or administration of a medication or other
				  substance to horses, including surgical tattooing, dental, and similar items,
				  shall be properly cleaned and sterilized after each use in an autoclave
				  approved by the Commission for a minimum period of time as established by the
				  Commission and under pressure of 15 pounds per square inch.
(6) Each Association will furnish an
				  autoclave of a type, model and capacity to be approved by the Commission and
				  will maintain the autoclave at a convenient location on the premises of the
				  Association so that each veterinarian will have ready access to the
				  autoclave.
(7) Violations of this
				  section may subject the veterinarian to expulsion from Association tracks and
				  to other penalties prescribed by these sections.
This section cited in 58 Pa. Code §
												183.361 (relating to winnings when
						rule is violated).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › MEDICATION, PRERACE AND POST-RACE TESTING, PENALTIES FOR VIOLATIONS › Section 183.361 - Winnings when rule is violated

Current through Register Vol. 54, No. 28, July 13, 2024
All winnings of a horse in a race in which an offense was
					 detected under any provisions of these §§
										183.351-183.363 (relating to medication,
					 pre-race and post-race testing, penalties for violations) shall be forfeited
					 and redistributed among the remaining horses in the race entitled to same. No
					 such forfeiture and redistribution of winnings shall affect the distribution of
					 the pari-mutuel pools, when such distribution of pools is made upon the
					 official placing at the conclusion of the heat or dash.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › MEDICATION, PRERACE AND POST-RACE TESTING, PENALTIES FOR VIOLATIONS › Section 183.362 - Authorization for possession of hypodermic needle or hypodermic syringe

Current through Register Vol. 54, No. 28, July 13, 2024
No one except a physician, Commission Veterinarian, or a
					 veterinarian licensed by the Commission may have a hypodermic needle or
					 hypodermic syringe of any kind, type or description on his person or in his
					 custody, control or possession or in the custody, control or possession of any
					 of his employes except upon written authorization from the Commission.
This section cited in 58 Pa. Code §
												183.361 (relating to winnings when
						rule is violated).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › MEDICATION, PRERACE AND POST-RACE TESTING, PENALTIES FOR VIOLATIONS › Section 183.363 - Injections

Current through Register Vol. 54, No. 28, July 13, 2024
The drug, Butazolidin (Phenylbutazone), will be
					 administered by injection only and not administered orally. All injections must
					 be given by a veterinarian licensed to practice by this Commission. Violations
					 of this rule will subject the violator to a fine or suspension, or both.
This section cited in 58 Pa. Code §
												183.361 (relating to winnings when
						rule is violated).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › TIME AND RECORDS › Section 183.371 - Electric timer; manual timer

Current through Register Vol. 54, No. 28, July 13, 2024
In every race or performance against time, the time of each
					 heat or dash shall be taken by an approved electric timing device and placed in
					 the record in minutes, seconds and fifths of seconds and on the decision of
					 each heat the time thereof shall be publicly announced or posted. In addition
					 to the approved electric timing device, one manual timer shall be employed. No
					 unofficial timing shall be announced or admitted to the record. If at any time
					 the automatic timing device should fail, the decision of the manual timer as to
					 the time of such heat or dash shall be official. If the manual timer fails to
					 act, no time shall be announced or recorded for that heat or
					 dash.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › TIME AND RECORDS › Section 183.372 - Error in announcement of time

Current through Register Vol. 54, No. 28, July 13, 2024
In any case of alleged error in the record, announcement or
					 publication of the time made by a horse, the time so questioned shall not be
					 changed to favor said horse or owner, except upon the sworn statement of the
					 judges and timers who officiated in the race, and then only with the approval
					 of the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › TIME AND RECORDS › Section 183.373 - Certificate as to track measurement

Current through Register Vol. 54, No. 28, July 13, 2024
In order that the performance thereon may be recognized,
					 published as official, or both, every association shall forthwith cause to be
					 filed with the Commission and The United States Trotting Association the
					 certificate of a duly licensed civil engineer or land surveyor that he has,
					 subsequently to January 1, 1963, measured the said track from wire to wire 3
					 feet out from the pole or inside hub rail thereof and certifying in linear feet
					 the result of such measurement. Each track shall be measured and recertified in
					 the event of any changes or relocation of the hub rail.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › TIME AND RECORDS › Section 183.374 - Leading horse timed

Current through Register Vol. 54, No. 28, July 13, 2024
The leading horse shall be timed and his time only shall be
					 announced. No horse shall obtain a win race record by reason of the
					 disqualification of another horse unless a horse is declared a winner by reason
					 of the disqualification of a breaking horse on which he was
					 lapped.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › TIME AND RECORDS › Section 183.375 - Time in dead heat

Current through Register Vol. 54, No. 28, July 13, 2024
In case of a dead heat, the time shall constitute a record
					 for the horses making the dead heat and both shall be considered
					 winners.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › TIME AND RECORDS › Section 183.376 - Time taken from starting point

Current through Register Vol. 54, No. 28, July 13, 2024
The time shall be taken from the first horse leaving the
					 starting point, from which the distance of the race is measured, until the
					 winner reaches the wire.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › TIME AND RECORDS › Section 183.377 - Fraudulent misrepresentation of time

Current through Register Vol. 54, No. 28, July 13, 2024
Any person who shall be guilty of fraudulent
					 misrepresentation of time or the alteration of the record thereof in any public
					 race or performance against time shall be penalized and the time declared not a
					 record.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › TIME AND RECORDS › Section 183.378 - Time performance

Current through Register Vol. 54, No. 28, July 13, 2024
A record can be made only in a public race or performance
					 against time. In a performance against time the United States Trotting
					 Association Rule 24 shall apply.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.391 - Suspension pending payment of fines

Current through Register Vol. 54, No. 28, July 13, 2024
All persons who shall have been fined under these rules
					 shall be suspended until said fine shall have been paid in full, or other
					 arrangements have been made with the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.392 - Record and payment of fine

Current through Register Vol. 54, No. 28, July 13, 2024
Written or printed notice of all fines and other penalties
					 imposed by the judges or starter shall be delivered to the person penalized,
					 notice shall be posted immediately at the office of the association, and notice
					 shall be forwarded immediately to the Commission and the United States Trotting
					 Association by the Presiding judge or clerk of the course. All fines which are
					 collected shall be reported and paid to the Commission upon the day
					 collected.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.393 - Suspension for less than 5 days; completing engagement

Current through Register Vol. 54, No. 28, July 13, 2024
When the penalty is for a driving violation and does not
					 exceed in time a period of 5 racing days, the driver may complete the
					 engagement of all horses declared in before the penalty becomes effective. Such
					 driver may drive in Stakes, Futurities, Early Closing and feature races, during
					 a suspension of 5 days or less, but the suspension will be extended one day for
					 each date he drives in such a race. All suspensions shall apply only to racing
					 days.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.394 - Meaning of suspension or revocation

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever the penalty of suspension or revocation is
					 imposed, it shall mean unconditional exclusion and disqualification from time
					 of receipt of written notice from any participation, either directly or
					 indirectly, in the privileges and uses of the course and grounds of an
					 association during the progress of a race meeting, unless otherwise
					 specifically limited when such penalty is imposed. A suspension, revocation or
					 denial of a license, or expulsion of either a husband or wife may apply in each
					 instance to both the husband and wife. The penalty becomes effective when
					 notice is given unless otherwise specified.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.395 - Competition by horse owned or controlled by a person under suspension, and the like

Current through Register Vol. 54, No. 28, July 13, 2024
No horse shall have the right to compete while owned or
					 controlled wholly or in part by a suspended, expelled, disqualified or excluded
					 person. No suspended, disqualified or excluded person shall drive, nor shall a
					 suspended or disqualified horse perform in a race. However, the liability
					 remains for the contracted declaration fee.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.396 - Fraudulent transfer of horse

Current through Register Vol. 54, No. 28, July 13, 2024
The fraudulent transfer of a horse by any person or persons
					 under suspension in order to circumvent said suspension shall constitute a
					 violation.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.397 - Association permitting suspended person or disqualified horse to compete

Current through Register Vol. 54, No. 28, July 13, 2024
No association shall permit a suspended, disqualified or
					 excluded person to drive in a race, or a suspended or disqualified horse to
					 start in a race or a performance against time.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.398 - Notice of exclusion

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a person is excluded from a track by an
					 association, the Commission shall be notified. The Commission in turn shall
					 notify all other associations in the Commonwealth and may notify the United
					 States Trotting Association.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.399 - Employment or retention of excluded person

Current through Register Vol. 54, No. 28, July 13, 2024
No expelled, suspended, disqualified or excluded person
					 shall act as an officer of an association. An association shall not, after
					 receiving notice of such penalty, employ or retain in its employ, an expelled,
					 suspended, disqualified or excluded person at or on the track during the
					 progress of a race meeting.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.400 - Stay of enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
In the event a penalty is imposed by the officials, the
					 Commission may grant a stay of the enforcement of such penalty until an appeal,
					 if filed, is decided.
(1) The appeal
				  will be filed on form called a "Notice of Appeal and Request for a Stay"
				  provided by the Commission or upon presentation of a similar request in
				  writing. The stay, if granted, will be at such a time or for such a duration
				  designated by the Executive Secretary of the Commission. The Commission may
				  require the posting of suitable security, which may be withheld in whole or in
				  part if the appeal was frivolous or without foundation.
(2) The appeal must be filed within ten days
				  after written notice of the decision or penalty from which the appeal is taken.
				  It shall be filed at any Commission office, but in cases in which it is filed
				  at a track office of the Commission, the main Commission office in Harrisburg,
				  Pennsylvania shall be notified by telephone.
(3) The reasons stated in the appeal must be
				  specific.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.401 - Penalties by other jurisdictions

Current through Register Vol. 54, No. 28, July 13, 2024
All penalties imposed by the United States Trotting
					 Association or the racing commissions of the various states shall be recognized
					 and enforced by the Commission unless application is made for a hearing before
					 the Commission at which time the applicant may show cause as to why such
					 penalty should not be enforced against him in this Commonwealth. If a hearing
					 is granted, the Commission may delay enforcement of the
					 penalty.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.402 - Dishonored checks

Current through Register Vol. 54, No. 28, July 13, 2024
Any person who pays an entry, a fine or other claim to the
					 Commission or any entry, claim, or fine to an association or racing official by
					 a draft, check, order or other paper, which upon presentation is protested,
					 payment refused, or otherwise dishonored, may, by order of the Commission, be
					 subject to a fine not exceeding the amount of said draft, check or order, and
					 the winnings of the horse or horses declared illegal and said persons and
					 horses suspended until the dishonored amount and fine are paid and the illegal
					 winnings returned.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.403 - Modification of penalty imposed by another jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
When the Commission receives notice that a person or horse,
					 or both, has been penalized by a State racing commission or by the United
					 States Trotting Association, the Commission may, for good cause shown and upon
					 consideration of the record of the proceedings had before such other State
					 racing commission or by the United States Trotting Association, modify or so
					 mould the penalty imposed to define the applicability thereof within this
					 jurisdiction. Provided further that, whether or not a penalty has been imposed
					 by another racing commission or the United States Trotting Association, this
					 Commission may make original inquiry and take original jurisdiction in any
					 case.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.404 - Appeal to Commission from rulings of officials

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All decisions and rulings of the
				  Executive Secretary of the Commission, judges or other race officials of any
				  race may be appealed to the Commission within 10 days after notice of such
				  decision or ruling. The appeal may be taken upon any question in the conduct of
				  a race, interpretation of the rules, decisions relative to the outcome of a
				  race, application of penalties or other action affecting owners, drivers or
				  horses, but it must be based on a specific charge which, if true, would warrant
				  modification or reversal of the decision.
(b) The Commission may vacate, modify or
				  increase any penalty imposed by the judges. In the event an appellant fails to
				  appear at the hearing on his appeal without good cause, he may be further
				  penalized. The Commission will have the right to review any decisions or
				  penalties imposed by the officers of the United States Trotting Association,
				  officials of the racing meets or of the district board.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › FINES, SUSPENSIONS, EXPULSIONS AND APPEALS › Section 183.405 - Appeals to be in writing

Current through Register Vol. 54, No. 28, July 13, 2024
All appeals shall be in writing and sworn to before a
					 Notary Public, one of the judges of the meeting or a Commission
					 representative.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PROTESTS › Section 183.421 - Protests

Current through Register Vol. 54, No. 28, July 13, 2024
Protests may be made only by an owner, manager, trainer or
					 driver of one of the contending horses at any time before the winnings are
					 paid. Protests shall be reduced to writing and sworn to before a judge of the
					 meeting or a Notary Public, and shall contain at least one specific charge
					 which, if true, could prevent the horse from winning or competing in the
					 race.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PROTESTS › Section 183.422 - Testimony under oath

Current through Register Vol. 54, No. 28, July 13, 2024
The judges shall, in every case of protest, demand that the
					 driver and the owner or owners, if present, immediately testify under oath and,
					 in case of their refusal to do so, the horse shall not be allowed to start or
					 continue in the race, but shall be ruled out, with a forfeit of entrance
					 money.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PROTESTS › Section 183.423 - Continuing race under protest

Current through Register Vol. 54, No. 28, July 13, 2024
Unless the judges find satisfactory evidence to warrant
					 excluding the horse, they shall allow him to start or continue in the race
					 under protest, and the premium, if any is won by that horse, shall be held by
					 the Association until the Commission has determined the merits of the
					 protest.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PROTESTS › Section 183.424 - False protests, failure to protest

Current through Register Vol. 54, No. 28, July 13, 2024
Any person found guilty of protesting falsely and without
					 cause or merely with intent to embarrass a race, or who does not file a protest
					 notwithstanding that he has knowledge which would warrant the filing thereof,
					 shall be penalized hereunder.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PROTESTS › Section 183.425 - Purse held in trust where appeal or protest filed

Current through Register Vol. 54, No. 28, July 13, 2024
In case of an appeal or protest, the purse money affected
					 shall be deposited by the association in a Trust Fund pending the decision of
					 the appeal.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PROTESTS › Section 183.426 - Refusal to accept protest or act as witness

Current through Register Vol. 54, No. 28, July 13, 2024
No judge may refuse to accept a protest or appeal or act as
					 a witness for a person seeking to swear to a protest or
					 appeal.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › DISTRIBUTION OF POOLS › Section 183.441 - Distribution of pools

Current through Register Vol. 54, No. 28, July 13, 2024
No protest, appeal or other of these rules shall affect the
					 distribution of the pari-mutuel pools when such distribution is made upon the
					 official placing at the conclusion of the heat or dash.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.451 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in these
					 §§
										183.451-183.466 (relating to practice
					 before the Commissioners) shall have the following meanings, unless the context
					 clearly indicates otherwise:
Adjudication
-Any final order, decree,
					 decision, determination or ruling by the Commission affecting the rights,
					 privileges, immunities or obligations of any licensee.
Applicant
-One who requests permission,
					 authorization, or approval.
Charge
-Any allegation in the citation of
					 specific illegal or unethical conduct on the part of the licensee, or a
					 violation of the Law or the Rules and Regulations promulgated thereunder.
Citation
-A notice of the time and place of
					 hearing and a formal listing by the Commission of any charges against any
					 licensee.
Commission
-Pennsylvania State Harness
					 Racing Commission.
Complainant
-One who complains of any
					 commission regulation or general order or anything done, omitted or about to be
					 done or omitted in violation, or claimed violation, of any law which the
					 Commission has jurisdiction to administer or of any Commission rule, regulation
					 or order.
Complaint
-Any written statement of facts
					 under oath submitted by any person which accuses the licensee of any violation
					 of the law or of the rules and regulations promulgated thereunder.
Information
-Any data indicating any
					 violation of the law or of the Rules and Regulations promulgated thereunder
					 which are collected by or presented to the Commission.
Intervener
-One permitted to intervene in
					 any proceeding.
Licensee
-Any person holding a license
					 issued by the Commission.
Party
-Includes the Commonwealth, the
					 Commission, complainant, and an applicant who is refused a license, a licensee
					 whose license is suspended or revoked or any person designated in a citation as
					 the respondent.
Person
-Includes any individual or
					 organized group of any character including partnership, corporations or other
					 forms of association.
Petitioner
-One seeking relief not
					 otherwise classified herein.
Pleading
-Any application, complaint,
					 petition, answer, protest or reply.
Proof of Service
-A certificate of service
					 signed by a party or by his attorney, specifying the time and manner of service
					 and the parties served.
Respondent
-One against whom a complaint is
					 filed or against whom an investigation or other proceeding on Commission motion
					 is addressed.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); and 58 Pa. Code §
												183.67 (relating to duties of
						starter).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.452 - Dockets

Current through Register Vol. 54, No. 28, July 13, 2024
The official docket and all original papers pertaining to
					 any proceeding instituted before the Commission shall be kept at the principal
					 office of the Commission in Harrisburg, Pennsylvania. Such papers and
					 instruments are available for public viewing but may not be removed from the
					 dockets.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); 58 Pa. Code §
												183.67 (relating to duties of
						starter); and 58 Pa. Code §
												183.451 (relating to
						definitions).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.453 - Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
Complaints shall be filed with the Commission at its
					 principal office in Harrisburg, Pennsylvania. Complaints shall contain all
					 pertinent information known to the complainant.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); 58 Pa. Code §
												183.67 (relating to duties of
						starter); 58 Pa. Code §
												183.451 (relating to definitions);
						and 58 Pa. Code §
												183.456 (relating to refusal,
						suspension or revocation of license with prior
						hearing).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.454 - Refusal, suspension or revocation of license without prior hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where a license
				  is to be refused, suspended or revoked, the Commission may either refuse,
				  suspend, or revoke such license for cause without a prior hearing.
(b) Notice by the Commission that an
				  application for a license is refused or that a license has been suspended or
				  revoked shall be in writing and shall contain the reasons for such refusal,
				  suspension or revocation.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); 58 Pa. Code §
												183.67 (relating to duties of
						starter); 58 Pa. Code §
												183.451 (relating to definitions);
						and 58 Pa. Code §
												183.455 (relating to hearing
						demanded by applicant or licensee).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.455 - Hearing demanded by applicant or licensee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant who has been refused a
				  license or a licensee whose license has been suspended or revoked under §
										183.454 (relating to refusal,
				  suspension or revocation of license without prior hearing) may demand a
				  hearing. The Commission shall promptly give notice of a time and place for such
				  hearing.
(b) A demand for a hearing
				  must be received by the office of the Commission, Harrisburg, Pennsylvania, no
				  later than the tenth day after the application for a license has been refused
				  or a license has been suspended or revoked. The ten days shall begin to run
				  from the day notification of such refusal, suspension or revocation is
				  served.
(c) Unless a stay of the
				  order of the Commission is granted, the determination to refuse, suspend, or
				  revoke a license shall remain in full force and effect pending final
				  determination on the hearing.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); 58 Pa. Code §
												183.67 (relating to duties of
						starter); and 58 Pa. Code §
												183.451 (relating to
						definitions).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.456 - Refusal, suspension or revocation of license with prior hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon receipt of
				  a complaint filed under the provisions of §
										183.453 (relating to complaints)
				  or upon information, the Commission shall decide whether a citation should be
				  issued against the licensee. Such citation may be signed by the Commission
				  Chairman or the Executive Secretary of the Commission.
(b) The citation shall recite:
(1) The time, place and nature of the
				  hearing.
(2) The provisions alleged
				  to have been violated.
(3) A clear
				  and concise factual statement sufficient to inform each party with reasonable
				  definiteness of the type of acts or practices alleged to have been
				  committed.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.457 - Motion to strike, dismiss or amplify

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party deeming a pleading insufficient
				  in form may file with the Commission a motion to strike. A party deeming a
				  pleading insufficient in substance, or desiring to question the jurisdiction of
				  the Commission, may file with the Commission a motion to dismiss.
(b) A party deeming the allegations of fact
				  in a pleading to be so insufficiently averred that adequate answer to the
				  pleading is impossible, may file with the Commission a motion for amplification
				  or for more specific allegations.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); and 58 Pa. Code §
												183.67 (relating to duties of
						starter).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.458 - Appearances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual
				  or member of a partnership named a party in a proceeding before the Commission
				  may appear on behalf of himself or of the partnership upon adequate
				  identification. A party corporation or association may be represented by a bona
				  fide officer thereof upon showing of adequate authorization.
(b) A party may be represented by an attorney
				  admitted to practice before the Supreme Court of Pennsylvania or the highest
				  appellate court of another state. The attorney shall file his appearance with
				  the Commission.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); and 58 Pa. Code §
												183.67 (relating to duties of
						starter).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.459 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission shall serve a copy of a citation or notice
					 of hearing upon each respondent, together with a notice to satisfy the citation
					 or answer the same in writing within 10 days after such service except when
					 otherwise designated by the Commission. Personal service or service by
					 registered or certified mail shall be proper. When service is by mail, the date
					 of mailing shall be the date of service. When any party has been represented by
					 an attorney, service upon such attorney shall be deemed service upon the party.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); and 58 Pa. Code §
												183.67 (relating to duties of
						starter).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.460 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applications
				  for continuance made prior to the hearing shall be in writing, shall set forth
				  the reasons therefore, and shall be filed with the Commission in Harrisburg 4
				  days prior to the time fixed for hearing. Notice of such application shall be
				  given to all parties or their attorneys. At the time of the hearing,
				  applications for continuance may be made orally.
(b) When application is made for a
				  continuance because of the illness of an applicant, licensee, witness or
				  counsel, such application shall be accompanied by a medical certificate
				  attesting to such illness and inability to appear.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); and 58 Pa. Code §
												183.67 (relating to duties of
						starter).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.461 - Investigations

Current through Register Vol. 54, No. 28, July 13, 2024
No process, requirement of a report, inspection or other
					 investigative act or demand shall be issued, made or enforced in any manner or
					 for any purpose except as authorized by law. Every person compelled to submit
					 data or evidence shall be entitled to retain, or procure, on payment of
					 lawfully prescribed costs, a copy or transcript thereof.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); and 58 Pa. Code §
												183.67 (relating to duties of
						starter).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.462 - Witnesses and subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Witnesses at all hearings shall be examined orally under oath or affirmation
				  and a record of the proceeding shall be made and kept by the Commission. If any
				  witness resides outside the Commonwealth, or through illness or other cause is
				  unable to testify before the Commission or its trial examiner, his testimony
				  may be taken within or without this Commonwealth in a manner substantially
				  similar to that prescribed by the Pennsylvania Rules of Civil Procedure for the
				  taking of depositions.
(b)
				  Subpoenas as authorized by law shall be issued in blank over the seal of the
				  Commission to any party, upon demand made to the Commission in Harrisburg,
				  Pennsylvania.
(c) Witness and
				  mileage fees shall be paid by the party at whose instance the witnesses are
				  called.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); and 58 Pa. Code §
												183.67 (relating to duties of
						starter).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.463 - Commission hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commission, or any member thereof, may conduct hearings or the Commission may
				  designate the Executive Secretary, General Counsel or any other qualified
				  person to act as a hearing examiner.
(b) Members, officers or agents presiding at
				  hearings shall have authority to:
(1)
				  Administer oaths and affirmations.
(2) Issue subpoenas authorized by
				  law.
(3) Rule upon offers of proof
				  and receive relevant evidence.
(4)
				  Take or cause depositions to be taken whenever the ends of justice would be
				  served thereby.
(5) Regulate the
				  course of the hearing.
(6) Hold
				  conferences, where appropriate, for the settlement or simplification of issues
				  by consent of the parties.
(7)
				  Dispose of procedural requests or similar matters.
(8) Participate in making
				  decisions.
(9) Take any other
				  action authorized by these rules.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.464 - Decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 30 days
				  after the conclusion of the hearing, the Commission shall issue a written
				  order. The Commission may also, in its discretion, render a written
				  adjudication including a statement of findings of fact and conclusion of law,
				  with the reasons or basis therefor. All orders and adjudications shall be based
				  upon a consideration of the whole record and be supported by reliable,
				  probative and substantial evidence. A minority opinion may be submitted and
				  shall become part of the record.
(b) All orders and adjudications shall be
				  served upon all the parties or their counsel. If service is made by mail, the
				  date of mailing will be the date of service.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); and 58 Pa. Code §
												183.67 (relating to duties of
						starter).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.465 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 30 days
				  after service of a final adjudication or order of the Commission, or the
				  imposing of a monetary fine, or of an order of the Commission refusing a
				  petition for rehearing or reconsideration, or of an order following a rehearing
				  or reconsideration, any party shall have the right of appeal therefrom to the
				  Commonwealth Court of Pennsylvania. Such appeal shall be reviewable in
				  accordance with the act of June 4, 1945 (P. L. 1388, No. 442) (71 P. S.
				  §§
											1710.1-1710.51) (Repealed)
				  otherwise known as the Administrative Agency Law.
(b) Parties interested jointly, severally, or
				  otherwise in the same adjudication may join in an appeal therefrom even though
				  all of the interested parties do not join.
(c) A fine may be collected in an action of
				  assumpsit.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); and 58 Pa. Code §
												183.67 (relating to duties of
						starter).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PRACTICE BEFORE THE COMMISSION › Section 183.466 - Consolidation or severance

Current through Register Vol. 54, No. 28, July 13, 2024
Any two or more proceedings may be consolidated by the
					 Commission in its discretion, and proceedings may be severed.
This section cited in 58 Pa. Code §
												183.62 (relating to duties of
						judges); and 58 Pa. Code §
												183.67 (relating to duties of
						starter).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PROCEDURE BEFORE JUDGES › Section 183.481 - Notice required

Current through Register Vol. 54, No. 28, July 13, 2024
Before any penalty may be imposed by a Judge under the
					 provisions of this subpart, notice in writing must be given to the party to be
					 charged with a violation.
This section cited in 58 Pa. Code §
												183.482 (relating to contents of
						notice).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PROCEDURE BEFORE JUDGES › Section 183.482 - Contents of notice

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by §
										183.481 (relating to notice
					 required) hereof shall indicate:
(1)
				  The infraction for which he is charged.
(2) The time and place of hearing.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PROCEDURE BEFORE JUDGES › Section 183.484 - Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
All testimony at such hearing shall be given under oath and
					 a record shall be made of the hearing either by use of a tape recorder or the
					 transcript of a court reporter.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PROCEDURE BEFORE JUDGES › Section 183.485 - Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
No final determination shall be made by the Judges until
					 the hearing is completed and all the evidence has been received and the party
					 charged has been given the opportunity to hear all of the evidence presented
					 against him in order to offer an explanation or defense
					 thereto.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PROCEDURE BEFORE JUDGES › Section 183.486 - Original record

Current through Register Vol. 54, No. 28, July 13, 2024
The original record of the hearing shall be preserved for
					 30 days. It shall be delivered to the Commission upon request. The record shall
					 state the date and manner that written notice thereof was
					 given.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › PROCEDURE BEFORE JUDGES › Section 183.487 - Review and appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may investigate, consider and review any
					 decision or ruling of the judges upon its own motion or upon the request of an
					 aggrieved party. An appeal by an aggrieved party from the decision or ruling of
					 judges must be made in writing within ten days following service of written
					 notice of such decision or ruling. The appeal must be sworn to before a Notary
					 Public or one of the judges presiding at the meeting.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › AUTHORITY OF SECRETARY › Section 183.501 - Executive Secretary of the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Executive Secretary appointed by the
				  Commission shall be representative at large of the Commission. He shall have
				  general supervision over all race officials, licensees and employes or
				  appointees of the Commission. He shall supervise the licensing of all those
				  persons required to be licensed by the Commission and supervise the security
				  provisions of all associations. He shall generally supervise the conduct of the
				  racing, the pari-mutuel operations and the testing of horses. His authority is
				  extended to cover all powers and duties of the Commission, subject to review by
				  the Commission, and except for such limitations expressly stated in the law. He
				  shall have the authority to conduct inquiries and in connection therewith to
				  issue subpoenas to compel the attendance of witnesses and the production of all
				  relevant and material reports, books, papers, documents, correspondence and
				  other evidence. He shall at all times have access to all parts of the course,
				  plant and grounds, including the pari-mutuel department. The compensation of
				  the Executive Secretary shall be fixed and paid by the Commission.
(b) The Executive Secretary of the Commission
				  shall have authority to issue orders of the Commission and to certify copies of
				  all papers and documents which are a part of any files or records of the
				  Commission.
(c) The Executive
				  Secretary of the Commission shall be responsible for the efficient and orderly
				  discharge of all administrative matters including the keeping of Commission
				  journals, the minutes of Commission meetings and files. He shall be permitted
				  to attend all hearings, meetings and deliberations of the Commission.
(d) The Commission may appoint such Deputies
				  and Assistants to the Executive Secretary or stewards as it may deem necessary
				  who shall have the same authority as the Executive Secretary in his absence but
				  such assistants, deputies or stewards shall be junior in authority to the
				  Executive Secretary at all times.
(e) The Executive Secretary may suspend,
				  refuse, revoke and/or fine any licensee for just cause and the applicant may
				  appeal the decision of the Executive Secretary to the Commission.