Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.179 - Service and filing of papers

Current through Register Vol. 54, No. 28, July 13, 2024
Service of process and papers shall be made as follows:
(1)
Place of
					 service.
Upon any individual or entity currently licensed by the
					 Commission, at the address or addresses shown upon the most recent license
					 application; upon any party not currently licensed, at the address or addresses
					 shown upon his or her communication or communications to the Commission or if
					 the same is not known, at his or her last known residence or place of business;
					 and upon any partnership herein, at a place of business if not the same be
					 known, or if not known, at the residence of any partner not known to be a
					 limited partner; and upon any corporation herein, at its registered office or
					 principle place of business. All papers, pleadings, or process directed to the
					 Commission must be served or filed at its executive offices in Harrisburg,
					 Pennsylvania.
(2)
Manner of
					 service.
All original orders, complaints, notices of suspension,
					 ejection, revocation or barring, or similar orders, and all final orders,
					 adjudications, decisions, or decrees shall be served by certified return
					 receipt mail or by personal service. All other papers, pleadings, and process
					 may be served by first-class mail or by personal service. Service may be made
					 upon any adult residing at an addressee's personal residence or at his, her, or
					 its place or business.
(3)
Proof of service.
If the fact of service be in issue, the
					 return receipt or postal report of service of any certified letter shall be
					 proof thereof. In all other cases, the Commission or any party may request a
					 duly executed affidavit of service.
(4)
Substituted service.
When any party appears or has appeared by counsel or other representative,
					 service may be made upon the same for all purposes, unless and until a formal
					 withdrawal of service is executed and filed with the Commission.
(5)
Time of service.
All
					 appeals, complaints, petitions, and other original process will be deemed filed
					 when received at the Commission Executive Office in Harrisburg, Pennsylvania.
					 All matters served by certified return receipt mail will be deemed served when
					 initially delivered. All other matters will be deemed served upon the date of
					 actual receipt. All briefs and request for argument before the Commission must
					 be received at least 10 days before the scheduled date for adjudication.
(6)
Form of
					 papers.
All complaints, petitions, answers, requests for continuance,
					 proofs of service, and other similar documents must be over affidavit, typed,
					 printed or written legibly and filed in triplicate with the executive offices
					 of the Commission.
(7)
Disputes.
Any dispute regarding any acts occurring during the
					 start, running, or finish of any race or the order of finish or purse
					 distribution shall be appealed to the Commission in the manner prescribed in
					 §
											165.213 (relating to notice of
					 penalty). Any such appeal must be filed with and received by the Commission no
					 later than 48 hours after the results of the race are declared official by the
					 Stewards. Any disputes regarding the qualifications, entries, weights, or
					 conditions of a race must be similarly appealed within 48 hours of the time set
					 for closing of entries for a race as provided in §
											163.481 (relating to review and
					 appeal). Nothing herein shall be deemed to affect or limit the power or right
					 of the Commission to initiate or conduct any later investigation or
					 adjudicative proceeds, upon its own initiative.