Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.175 - Action without prior hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 When an application for license is to be refused prior to issuance of a
					 temporary license, the same may be done without prior hearing. Notice of such a
					 decision and of the basis therefor shall be given to the applicant or
					 applicants at his, her, or their last known address.
(b) When a temporary license is to be
					 suspended or revoked after issuance, the same may be done without a prior
					 hearing, provided that the holder or holders is given notice of such decision
					 forthwith and is advised of his, her, or their privilege to demand a hearing
					 before a State Steward within 24 hours by making such a request in writing to
					 the State Steward at the track where the licensee has most recently been
					 employed or has most recently run as of the time of the act complained
					 of.
(c) When the privilege of a
					 permanent license is to be suspended or revoked, the holder shall be notified
					 in the same manner as provided for a temporary license in subsection (b). Such
					 a licensee shall, however, have the privilege to request the alternative of a
					 hearing before the Executive Secretary or a duly designated Commission Hearing
					 Officer within no less than 48 hours following receipt of application therefor
					 in writing filed with the Executive Secretary. Such temporary suspension or
					 revocation may be determined by the Executive Secretary or, at the request of
					 the applicant, by the Commission. If the applicant requests a determination by
					 the Commission, the same may, at the election of the applicant, be based upon
					 completion of a formal transcript of such hearing or upon an informal summary
					 prepared by the Executive Secretary. The same may also, at the election of the
					 applicant, be as a result of either a formal or informal Commission
					 meeting.
(d) No permanent
					 suspension, denial, or revocation of either a temporary or permanent license
					 shall be ordered without granting notice of the privilege of requesting a full
					 formal hearing under the provisions of this subchapter.
(e) All such temporary denials, suspensions,
					 or revocations shall be within the sound reasoned discretion of the State
					 Steward, Executive Secretary of the Commission, and the reasons and basis for
					 any such decision shall be set forth in writing and served upon the
					 applicant(s) in the same manner as final decisions under §
											165.184(a) 
					 (relating to decisions).
(f) The
					 initial notice of any such refusal, suspension, or revocation shall include
					 sufficient detail as to inform an applicant with reasonable definiteness of the
					 reasons and basis for the action taken. Such notice shall specifically advise
					 the applicant of the appeal and review privileges set forth therein.
(g) In the event any person already holding
					 an occupational license shall cease to actively pursue that occupation for a
					 period in excess of 30 days, such license may be suspended by the Stewards
					 until the holder shall submit satisfactory evidence of a purpose to actively
					 resume his occupation in racing.
This section cited in 58 Pa. Code §
													165.176 (relating to hearing on
						  demand of applicant or licensee); and 58 Pa. Code §
													165.216 (relating to illegal
						  entries).