reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.25 - Notice required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before
					 any penalty may be imposed by the Judges or Stewards under the provisions of
					 the act and this part, written notice must be given to the party to be charged
					 with a violation. Unless the matter is an emergency, before holding the
					 disciplinary hearing, the Judges or Stewards shall provide written notice to
					 the party to be charged with a violation at least 5 days before the
					 hearing.
(b) If possible, the
					 Judges or Stewards or Commission investigators shall hand deliver the written
					 notice previously mentioned in subsection (a) to the person who is the subject
					 of the disciplinary hearing. If hand delivery is not possible, the Judges or
					 Stewards shall mail the notice to the person's last known address, as found in
					 the Commission's licensing files, by regular mail and by certified mail, return
					 receipt requested.
(c) If the
					 disciplinary hearing involves an alleged medication violation that could result
					 in the disqualification of the horse, notice of the hearing provided to the
					 trainer of record, as set forth above, shall also be deemed adequate and
					 reasonable notice to owner of the horse. It shall be the trainer's sole
					 responsibility, as agent of the owner, to notify the owner of the medication
					 hearing. The owner of the horse may attend and participate in the hearing to
					 the extent the underlying matter may affect the interest of the
					 horse.
(d) The failure of the
					 summoned person to appear, after proper notice, shall be construed as a waiver
					 of the right to a hearing before the Judges or Stewards and the Judges or
					 Stewards shall issue a ruling as a default. The Judges or Stewards may impose
					 an additional fine or suspension to the person who fails to appear at a
					 disciplinary hearing after written notice of the hearing has been
					 sent.
This section cited in 7 Pa. Code §
													179.26 (relating to contents of
						  notice).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.26 - Contents of notice

Current through Register Vol. 54, No. 28, July 13, 2024
The written notice required by §
											179.25 (relating to notice
						required) shall:
(a) Informally and
					 generally describe the nature of the infraction or violation charged.
(b) A reference to the particular provisions
					 of the statutes or rules potentially involved.
(c) State the time and place of
					 hearing.
(d) Notify the party of
					 his right to have counsel or an observer of his choice and that he bears the
					 sole responsibility for securing and insuring the presence of the
					 same.
(e) Provide for the right to
					 waive transcription of testimony at the hearing.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.27 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of a hearing notice, a person may request a
						continuance of the hearing from the Judges or Stewards, who may, in their sole
						discretion, grant a continuance for good cause shown. The Judges or Stewards
						may at any time order a continuance on their own motion.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.28 - Power to subpoena witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
The Judges and Stewards may require, by subpoena, the
						personal attendance of witnesses and the reproduction of books, records,
						papers, correspondence and other documents relevant to the proceeding before
						them.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.29 - Presence of Judges and Stewards at hearing

Current through Register Vol. 54, No. 28, July 13, 2024
At least the Presiding Judge or Presiding Steward and one
						Associate Judge or Associate Steward shall be present at all times throughout
						the hearing.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.30 - Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
Testimony at a hearing shall be given under affirmation
						or oath and a record shall be made of the hearing, either by use of a tape
						recorder or by the transcript of the court reporter. Except that: Judges or
						Stewards shall not be required to receive testimony under oath in cases where
						their ruling is based solely upon a review of the video tapes of a race. The
						party may request a viewing of the film in the presence of the Judges or
						Stewards at the hearing and be given an opportunity to state his own
						interpretation of the same.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.31 - Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Hearing.
No final determination may be made by the Judges or
					 Stewards until the hearing is completed and the evidence has been received and
					 the party charged has been given the opportunity to hear the evidence presented
					 and the opportunity to defend. If a subpoenaed or noticed party fails to
					 appear, an order or ruling may be entered by default.
(b)
Order of Hearing.
Judges
					 and Stewards shall have the discretion to conduct the hearing in accordance
					 with the following:
(1) The Judges or
					 Stewards shall open the hearing by indicating the date and time, make a concise
					 statement of its scope and purposes and announce that a record of the hearing
					 is being made. All witnesses shall be sworn by the Judges or
					 Stewards.
(2) When a hearing has
					 begun, a party or a party's representative may make an opening statement only
					 if necessary or permitted by the Judges/Steward.
(3) A party, a party's representative or any
					 other person or witness who may testify at the hearing shall be identified on
					 the record.
(4) The Judges or
					 Stewards may receive and review any preliminary relevant motions and afford
					 each party of record the opportunity to submit a subsequent written motion.
					 They may render a decision on the motion immediately or take that matter under
					 consideration.
(5) The Commission
					 investigators shall have the burden of proceeding in the matter first. At the
					 discretion of the Judges or Stewards, they may change the order of testimony of
					 the party or witness. A party who asserts a particular fact or issue shall have
					 the burden of proof of that matter.
(6) The Judges or Stewards shall afford each
					 party the opportunity to present the party's direct case and witnesses. Each
					 party, as well as the Judges or Stewards may cross examine each
					 witness.
(7) In the course of the
					 hearing, the Judges or Stewards may receive all relevant documentary evidence,
					 including investigative reports, video tapes, lab reports or other similar
					 records.
(8) At the conclusion of
					 all evidence and cross examination, at the discretion of the Judges or
					 Stewards, closing statements may be allowed and the evidentiary record shall be
					 closed.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.32 - Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
The Judges or Stewards shall allow a full presentation of
						evidence and are not bound by the technical rules of evidence. However, the
						Judges or Stewards may disallow evidence that is irrelevant or unduly
						repetitive of other evidence. They shall have the authority to determine, in
						their sole discretion, the weight and credibility of any evidence or testimony,
						or both. The Judges or Stewards may admit hearsay evidence if in the opinion of
						the Judges or Stewards it is the type of evidence that is commonly relied on by
						reasonably prudent people.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.33 - Duty to testify

Current through Register Vol. 54, No. 28, July 13, 2024
It shall be the duty of all persons to make full and
						complete disclosure to the Judges or Stewards of a fact or knowledge the person
						may possess regarding violations or possible violations of a rule of racing or
						of the law. No person may refuse to testify before the Judges or Stewards on a
						relevant matter except upon proper exercise of a legal privilege, nor may a
						person testify falsely or incompletely to the Judges or Stewards. If a person
						refuses to testify or falsely testifies as set forth, that matter may be
						referred to the Commission for a licensing action.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.34 - Votes of Judges or Stewards

Current through Register Vol. 54, No. 28, July 13, 2024
The Judges or Stewards shall decide all matters coming
						before them by majority vote. Should a Judge or Steward vote in the minority,
						that Judge or Stewards shall immediately make full report thereof to the
						Commission. Judges or Stewards so voting shall have the right to file a
						separate opinion thereof to the Commission. The ruling of the Judges or
						Stewards shall be generally in the form approved by the Commission. All rulings
						must be signed by the majority of the Judges or Stewards.
This section cited in 7 Pa. Code §
													179.96 (relating to conduct of
						  hearing).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.35 - Records

Current through Register Vol. 54, No. 28, July 13, 2024
A written report concerning formal orders, rulings and
						other matters coming before the Judges or Stewards shall be kept by them and
						copies of the same shall be transmitted to the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.36 - Matters referred to the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
Judges or Stewards shall have the power to refer a matter
						within their jurisdiction or powers directly to the Commission either before or
						after holding a hearing thereon. The Judges or Stewards may refer a matter for
						initial hearing to the Commission whenever it is deemed by them to be
						impossible or impracticable to hold the initial hearings, or because of the
						ending of a meet or for other good and substantial reason.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.37 - Original record

Current through Register Vol. 54, No. 28, July 13, 2024
Upon request by the Commission or the Bureau Directors,
						the original record of the hearing of the Judges or Stewards shall be delivered
						by them to the Commission. The record shall properly reflect whether the notice
						of the penalty, order, ruling or determination has been issued orally or in
						writing. If oral notice was given, the record shall reflect the date, time and
						place when it was given. If written notice was given, the record shall reflect
						the date and manner that written notice thereof was given.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.38 - Ruling

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In cases
					 involving a penalty, fine, suspension or sanction of any nature, the ruling of
					 the same shall be given in writing to the adversely affected party, in the
					 format adopted and approved by the Commission and must include the following:
(1) The full name, Social Security number,
					 date of birth, last record address, license type and license number of the
					 person who is the subject of the hearing;
(2) a statement of the charges against the
					 person, including a reference to the specific section of the act or rules of
					 the Commission that the licensee is found to have violated;
(3) The date of the hearing and the date the
					 ruling was issued;
(4) The penalty
					 imposed;
(5) any changes in the
					 order of finish or purse distribution; and
(6) other information required by the
					 Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.39 - Effective date of decisions

Current through Register Vol. 54, No. 28, July 13, 2024
A decision rendered by the Judges or Stewards shall only
						become effective 10 days after the ruling is served personally on the affected
						party or 10 days after the ruling has been sent by certified mail to the
						address given by the affected party in his license application, unless the
						Judges or Stewards find the delay to be contrary to the public interest. An
						affected party shall have the right to waive the delay in the effective date of
						the ruling and may, by writing, consent to immediate imposition of the sanction
						or order.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.40 - Summary suspension available

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Judges or Stewards determine that
					 a licensee's actions constitute an immediate danger to the public health,
					 safety or welfare or the health and safety of a horse, the Judges or Stewards
					 may summarily suspend the license pending an emergency hearing.
(b) A licensee whose license has been
					 summarily suspended is entitled to an emergency hearing on the summary
					 suspension within 3 days after the license was summarily suspended. The
					 licensee may waive the right to an emergency hearing on the summary
					 suspension.
(c) The Judges or
					 Stewards shall conduct the emergency hearing on the summary suspension in the
					 same manner as other disciplinary hearings. At an emergency hearing on a
					 summary suspension, the sole issue is whether the person's license should
					 remain suspended pending a final disciplinary hearing and ruling.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.41 - Review and appeal

Current through Register Vol. 54, No. 28, July 13, 2024
A person aggrieved by a ruling of the Judges or Stewards
						may appeal the matter to the Commission, except as provided in §
											179.43 (relating to
						non-disqualifications not appealable) of this part. The appeal from the
						decision of Judges or Stewards must be made in writing and must conform to all
						the requirements set forth in §
											179.3 (relating to filings and
						appeals). All appeals shall also be accompanied by an appeal bond made payable
						to the Commission in the amount as determined by the Commission as set forth in
						§
											179.7 (relating to request for
						hearing by applicant or licensee).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.42 - Request for stay

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The final
					 determination or ruling by Judges or Stewards shall remain in full force and
					 effect pending the final determination on the hearing, if granted. An aggrieved
					 party, in addition to the written requirements set forth above for an appeal,
					 may separately request a stay of the Judges' or Stewards' ruling or decision
					 pending a final determination by the Commission. In accordance with §
											175.6 or §
											177.6 (relating to contents of
					 petition for stay), the Bureau Director may, for good cause shown, grant a stay
					 of the Judges'/Stewards' ruling until the final determination by the Commission
					 provided that sufficient facts are presented by affidavit to warrant the
					 stay.
(b) Applications for a stay
					 shall conform to the standards set forth in §
											175.6 and §
											177.6 of the Commission's
					 regulations. The decision to grant or refuse a request for a stay shall be
					 based upon a balancing of the pertinent facts sworn to by applicant but shall
					 be based upon the sound discretion of the Bureau Director to whom the
					 application is addressed.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter B - JUDGES AND STEWARDS HEARINGS › Section 179.43 - Non-disqualifications not appealable

Current through Register Vol. 54, No. 28, July 13, 2024
The decision by the Judges or Stewards not to disqualify
						a horse after the running of a race has been declared official is final and may
						not be appealed to the Commission. This subsection is not applicable to
						disqualifications of horses resulting from medication or drug
						violations.
This section cited in 7 Pa. Code §
													179.41 (relating to review and
						  appeal).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.51 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A hearing
					 calendar of all matters set for hearing will be maintained by the Hearings and
					 Appeals Docket Clerk as set forth in §
											179.3(b) (relating
					 to filings and appeals) and will be in order of assignment as far as
					 practicable. All matters will be heard before the Commission in Harrisburg,
					 Pennsylvania.
(b) The Commission
					 may designate a Commissioner or other qualified person to serve as presiding
					 officer in a particular matter or proceeding. The Commissioner, presiding
					 officer or other duly appointed person shall conduct the proceeding in an
					 impartial manner. All appearances will be entered upon the record, with a
					 notation on whose behalf each appearance is made. A notation will be made in
					 the record of the names of the members of the staff of the Commission
					 participating, if any, including accountants and other experts who are
					 assisting in the investigation of the matter.
(c) In oral hearings, neither the Commission,
					 nor the presiding officer will be bound by technical rules of evidence and all
					 relevant evidence of reasonably probative value may be received. Reasonable
					 examination and cross-examination will be permitted at all oral hearings. If a
					 party does not testify on his own behalf, the party may be called and examined
					 as if under cross-examination.
(d)
					 Subsections (a) and (b) supersede 1 Pa. Code §
											§
											35.102,
					 35.123 and
					 35.124 (relating to hearing
					 calendar; conduct of hearings; and appearances).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.52 - Nature of Commission hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appeals from Judges or
					 Stewards.
An appeal to the Commission from a decision or ruling of the
					 Board of Judges or the Board of Stewards, as set forth in Subchapter B
					 (relating to Judges and Stewards hearings), shall be limited to the underlying
					 evidentiary record created by the parties and Commission investigators at the
					 hearing before the Judges or Stewards and shall not be considered a hearing de
					 novo.
(1) The Commission's review of the
					 Judges' or Stewards' rulings shall be limited to a review for errors of law and
					 whether the findings or conclusions set forth by the Judges or Stewards are
					 supported by appropriate evidence contained in the hearing record.
(2) Issues not raised by appellant in the
					 notice of appeal will be deemed waived.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.53 - Commission hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless
					 the Commission hears the matter directly, all matters shall be assigned to a
					 presiding officer or other duly qualified person to serve as a presiding
					 officer in the particular proceeding.
(b) Hearings will be public unless a party
					 invokes protection afforded to the party under §
											173.8 (relating to confidential
					 information).
(c) Matters
					 proceeding under the provisions of §
											179.52(b)
					 (relating to nature of Commission hearings) may provide for:
(1) Receipt of sworn testimony, including
					 testimony from the original matter before the Bureau Director or Commission
					 staff.
(2) Receipt of all relevant
					 oral or documentary evidence used in the original determination or
					 decision.
(3) Opportunity to be
					 heard.
(4) A complete evidentiary
					 record, including other pleadings, motions or briefs
					 submitted.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.54 - Scheduling of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) On behalf
					 of the Commission, the Hearings and Appeals Docket Clerk, will schedule the
					 appropriate hearing in chronological order of receipt and will maintain a
					 hearing calendar of all proceedings, with assigned docket numbers set for
					 hearing.
(b) Proceedings pending on
					 the hearing calendar will be heard so far as practicable, in their order of
					 assignment to the calendar at the times and places fixed in the hearing
					 notices, giving due regard to the convenience and necessity of the parties and
					 their attorneys, where possible.
(c) The Commission or the presiding officer
					 in the exercise of discretion, for cause, may advance or postpone proceedings
					 on the hearing calendar with notice to the parties.
(d) Subsections (a)-(c) supersede 1 Pa. Code
					 §
											35.102 (relating to hearing
					 calendar).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.55 - Hearing notices

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notices.
Notice of a hearing will be provided to the appellant
					 or counsel in writing and issued by the Hearings and Appeals Docket Clerk, by
					 any of the following methods: certified mail (return receipt requested), first
					 class mail, personal service or by e-mail, if agreed upon by the parties and
					 their counsel as set forth in §
											179.9 (relating to service by the
					 Commission).
(b) The written
					 hearing notice to appellant shall include, the time, date and location of the
					 hearing and indicate the method of service used. The notice shall also contain
					 a general factual statement of the underlying matter and grounds for
					 appeal.
(c) Notices may also
					 provide information relating to:
(1)
					 Applicable regulations and conduct of the hearing;
(2) The grant or denial of
					 Supersedeas;
(3) Representation and
					 continuances; and
(4) The procedure
					 for interpreters (if requested).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.56 - Failure to attend hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 If, at the time and place scheduled for hearing, parties who have received due
					 notice are not in attendance, whether in person or by counsel, the appeal shall
					 be dismissed and the underlying decision shall be entered by and upon
					 default.
(b) In accordance with
					 §
											179.7(c) 
					 (relating to request for hearing by applicant or licensee), to offset
					 administrative costs associated with the proceeding, the Commission may retain
					 a portion or all of the appeal bond posted by the appellant for failure to
					 appear.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.57 - Waiver of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A party to a proceeding may waive the right to a hearing
						before the Commission by filing with the Bureau Directors and the Hearings and
						Appeals Docket Clerk a written Notice of Waiver of Hearing, with copies to the
						presiding officer and other parties. A waiver shall constitute an admission of
						all the underlying charges or matters contained in the ruling or determination
						appealed from and shall be deemed an acceptance of the underlying action. The
						Hearing and Appeals Docket Clerk shall cancel the proceeding and close out the
						matter on the hearing calendar. This section supersedes 1 Pa. Code §
											35.101 (relating to waiver of
						hearing).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.58 - Consolidation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission,
					 the Hearings and Appeals Docket Clerk or the presiding officer, with or without
					 motion, may consolidate proceedings involving a common question of law or
					 fact.
(b) The section supersedes 1
					 Pa. Code §
											35.45 (relating to
					 consolidation).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.59 - Presiding officers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
					 evidence is to be taken in a hearing, the Commission's duly appointed presiding
					 officer may conduct the hearing in the absence of the Commission itself. A
					 person presiding at a hearing may not consult a party on any fact in issue
					 unless upon notice and opportunity for all parties to participate.
(b) A presiding officer shall have the power
					 and authority to:
(1) Regulate the course and
					 conduct of hearings, including the scheduling of continuances thereof, and the
					 recessing, reconvening and the adjournment thereof, unless otherwise provided
					 by the Commission.
(2) Administer
					 oaths and affirmations and compel the attendance of witnesses.
(3) Issue subpoenas authorized by
					 law.
(4) Rule upon the
					 admissibility of evidence, offers of proof and receive evidence.
(5) Schedule and conduct pre-hearing
					 conferences as set forth in §
												179.60 (relating to prehearing and
					 other conferences).
(6) Dispose of
					 preliminary procedural matters.
(7)
					 Examine witnesses.
(8) Submit
					 proposed findings of facts and conclusions of law to the Commission in
					 accordance with this subpart.
(9)
					 Take other action appropriate to the discharge of their duties as may be
					 designated by the Commission and authorized by the act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.60 - Prehearing and other conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A prehearing conference may be scheduled
					 at the sole discretion of the Commission or the presiding officer, if in the
					 opinion of the Commission or the presiding officer, the matter warrants a
					 conference. The Commission or a presiding officer may, upon petition, also
					 schedule a prehearing conference at the request of one party and by agreement
					 of the parties.
(b) When the
					 Commission or the presiding officer directs that a prehearing conference be
					 held, all parties shall appear at the time and place designated. Notice of the
					 time and place of the conference will be given to all parties. If time is of
					 the essence, a prehearing conference may be conducted by means of telephone
					 conference call.
(c) Any of the
					 following matters may be considered at a prehearing conference:
(1) Discuss the possibilities for settlement
					 of the underlying matter or proceeding, or both.
(2) The amount of hearing time which will be
					 required to dispose of the proceeding.
(3) Designating parties.
(4) Setting the order of procedure at a
					 hearing.
(5) Resolve procedural
					 matters that may aid in expediting the orderly conduct and disposition of the
					 proceeding and the furtherance of the public interest.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.61 - Hearing procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Order of hearing.
In a proceeding, the party having the burden
					 of proof shall generally go forward, open and close, unless otherwise directed
					 by the presiding officer. The order of testimony may be modified at the
					 discretion of the hearing officer. In determining this order, the presiding
					 officer shall take into consideration the right of the respective party to
					 present the case or defense by oral or documentary evidence, to submit rebuttal
					 evidence and to conduct a cross-examination as may be required for a full and
					 true disclosure of the facts.
(1) In
					 proceedings when the evidence is peculiarly within the knowledge or control of
					 another party, the order of presentation set forth in subsection (a) may be
					 varied by the presiding officer.
(2) Intervenors shall follow the party on
					 whose behalf the intervention is made. If the intervention is not in support of
					 an original party, the presiding officer will designate at what stage the
					 intervenor will be heard.
(3) The
					 presiding officer may direct the order of parties for purposes of
					 cross-examination. Subsection (a) supersedes 1 Pa. Code §
												35.125 (relating to order of
					 procedure).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.62 - Commission official notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Official notice or judicial notice of facts may be taken by the Commission or
					 the presiding officer on its own or upon request by a party, but only if the
					 party supplies the necessary information.
(b) The Commission or the presiding officer
					 may notice a fact that is not subject to reasonable dispute because it:
(1) Is generally known by the Commission or
					 is within its jurisdiction; or
(2)
					 Can be accurately and readily determined from sources whose accuracy cannot
					 reasonably be questioned.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.63 - Representation before the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appearance in person.
An
					 individual who is a party in a proceeding before the Commission or presiding
					 officer may represent himself. Attendance at the proceeding without an attorney
					 will be deemed a waiver of this privilege.
(1)
					 A party, other than an individual appearing on his own behalf, in an
					 adversarial proceeding before the Commission shall be represented by an
					 attorney authorized to appear before the Commission in accordance with
					 subsection (b).
(2) Subsection (a)
					 supersedes 1 Pa. Code §
												31.21 (relating to appearance in
					 person).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.64 - Contemptuous conduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Contemptuous conduct by any person at a hearing before the Commission or a
					 presiding officer will be grounds for exclusion from the hearing and for
					 summary suspension without a hearing for the duration of the hearing. Further
					 action may be taken by the Commission imposing a temporary or permanent denial
					 of the privilege of appearing or practicing before the Commission.
(b) Subsection (a) supplements 1 Pa. Code
					 §
											31.27 (relating to contemptuous
					 conduct).
This section cited in 7 Pa. Code §
													179.59 (relating to presiding
						  officers).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.65 - Suspension and disbarment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commission may deny, temporarily or permanently, the privilege of appearing or
					 practicing before the Commission to a person who is found by the Commission,
					 after notice and opportunity for hearing on the matter, to have done one or
					 more of the following:
(1) Lacked the
					 requisite qualifications to represent others.
(2) Engaged in unethical, contemptuous,
					 disruptive or improper conduct before the Commission or presiding
					 officer.
(3) Repeatedly failed to
					 follow Commission directives or orders.
(4) Repeatedly failed to follow Commission
					 rules and regulations in the representation of the client before the Commission
					 or presiding officer.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.66 - Briefs and oral argument

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Briefs.
Unless waived by the parties, at the close of the
					 taking of testimony in the hearing, the presiding officer shall provide the
					 parties with the opportunity to submit briefs. The presiding officer shall fix
					 the time for the filing and service of briefs, giving due consideration to the
					 nature of the proceeding, the parties involved, the magnitude of the record and
					 the complexity of the issues involved. Copies of the brief shall be served with
					 the presiding officer, the Appeals and Hearings Clerk and upon the respective
					 parties.
(b)
Content and
					 form of briefs.
Briefs shall contain the following:
(1) A concise statement of the
					 case.
(2) Reference to the exact
					 pages of the record or exhibits where the evidence relied upon by the filing
					 party appear.
(3) An argument
					 preceded by a summary. The argument shall, to the extent possible, address all
					 issues raised by the relief sought and the evidence adduced at the
					 hearing.
(4) As directed by the
					 presiding officer, the brief shall also contain:
(i) A statement of the questions
					 involved.
(ii) Proposed findings of
					 fact with references to the transcript pages or exhibits where evidence
					 appears, together with proposed conclusions of law.
(iii) Proposed paragraphs identifying the
					 relief sought.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.67 - Transcript

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings shall be stenographically recorded and a
						verbatim transcript of the record will be prepared as soon as practicable after
						the hearing. The parties may obtain a copy of the transcript directly from the
						court reporting service. This section supersedes 1 Pa. Code §
											§
											35.131 and
						35.133 (relating to recording of
						proceedings; and copies of transcripts).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.68 - Contents and close of the record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The record shall be considered closed
					 upon receipt of the transcript of the record and briefs, if any, and the
					 hearing shall be deemed concluded at that time. After the record is closed,
					 additional matters may not be relied upon or accepted into the record unless
					 allowed for good cause shown by the presiding officer or the Commission upon
					 motion.
(b) The Commission's record
					 shall consist of a transcript of the testimony and exhibits of record, the
					 party's briefs, if submitted, together with any other the papers, written
					 motions and requests filed in the proceedings and relevant official
					 records.
(c) Subsections (a) and
					 (b) supersede 1 Pa. Code §
											§
											35.231 and
					 35.232 (relating to reopening on
					 application of party; and reopening by presiding officer).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.69 - Proposed adjudication of the presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The presiding officer or other Commission
					 designated person shall prepare a proposed adjudication and order as a decision
					 of the Commission. The proposed written adjudication shall include:
(1) Findings and conclusions, as well as the
					 reasons or basis therefore, for all the material issues of fact, law or
					 discretion presented on the record.
(2) The appropriate statutory provision,
					 regulation, order, sanction, relief or denial thereof.
(3) Facts officially noticed under §
												179.62 (relating to Commission
					 official notice) relied upon in the decision.
(4) Previous adjudications or matters which
					 the Commission relies upon as precedent.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.70 - Commission decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Decisions.
The Commission shall consider and vote upon a
					 proposed adjudication and order at its public meeting in accordance with the
					 voting provisions of the act and Chapter 173 (relating to Commission operations
					 and organization-temporary regulations) of the regulations. The final order and
					 adjudication shall be based solely upon a review and consideration of the
					 entire record and shall be supported by reliable, probative evidence contained
					 in the record. The Commission may adopt, modify or reject some or all of the
					 proposed adjudication, remand all or part of the matter to the presiding
					 officer for the taking of additional evidence or clarification of
					 issues.
(b)
Single
					 signature.
A final adjudication and order may be signed by the
					 Chairman of the Commission or by any other delegated Commissioner on behalf of
					 the entire Commission. Minority opinions regarding the final adjudication may
					 be submitted and these shall become part of the record.
(c) The final adjudication and order shall be
					 served upon the all parties and intervenors or their counsel personally, by
					 regular United States mail or by certified mail by the Hearings and Appeals
					 Docket Clerk. If service is made by mail, the date of mailing will be the date
					 of service for purposes of a subsequent appeal.
(d) Subsections (a)-(c) supersede 1 Pa. Code
					 §
											35.226 (relating to final
					 orders).
This section cited in 7 Pa. Code §
													179.69 (relating to proposed
						  adjudication of the presiding
						  officer).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.71 - Reopening of record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Petition to reopen.
At any time after the record is closed,
					 but before a final decision is issued, a party may file a petition with the
					 Commission or the presiding officer for the purpose of taking additional
					 evidence. A petition to reopen must set forth clearly the fact claimed to
					 constitute grounds requiring reopening of the proceeding, including material
					 changes of fact or of law alleged to have occurred since the conclusion of the
					 hearing.
(b)
Responses.
Within 10 days following the service of the
					 petition, another party may file an answer thereto.
(c)
Action of petition.
As
					 soon as practicable after the filing or responses to the petition, the
					 presiding officer or the Commission shall grant or deny the petition based upon
					 a review of the averments set forth in the petition.
(d) The Commission may, at any time, in its
					 discretion and upon its own motion reopen a hearing upon due notice to the
					 parties.
(e) Subsections (a)-(d)
					 supersede 1 Pa. Code §
											§
											35.231-35.233 (relating to reopening of
					 record).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter C - COMMISSION HEARINGS › Section 179.72 - Rehearing or reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 party to a proceeding may file an application for rehearing or reconsideration
					 by filing a petition within 15 days after the final order of the
					 Commission.
(b) Filing a petition
					 for rehearing or reconsideration does not toll or stay the 30-day appeal
					 period.
(c) The petition must state
					 concisely the alleged errors in the adjudication or other order of the
					 Commission. If a final order or other order of the Commission is sought to be
					 vacated, reversed or modified by reason of matters that have arisen since the
					 hearing and decision or order, or by reason of a consequence that would result
					 from compliance therewith, the matters relied upon by the petitioner must be
					 set forth in the petition.
(d)
					 Answers to petitions for rehearing or reconsideration will not be entertained
					 by the Commission. If the Commission grants the rehearing or reconsideration,
					 an answer may be filed by a participant within 15 days after the issuance of
					 the order granting rehearing or reconsideration. The response will be confined
					 to the issues upon which rehearing or reconsideration has been
					 granted.
(e) If the Commission does
					 not act upon the petition for rehearing or reconsideration within 30 days after
					 it is filed, the petition will be deemed to have been denied.
(f) Subsections (a)-(e) supersede 1 Pa. Code
					 §
											35.241 (relating to application for
					 rehearing or reconsideration).