Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.183 - Commission hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commission may, by written order, designate one or more Commission members, or
					 its hearing officer to take testimony and conduct hearings under this
					 section.
(b) The functions of the
					 Commission member, officer or agent participating in hearings shall be
					 conducted in an impartial manner. The Commission will have the right to engage
					 the services of law trained hearing officers whose duties and functions will be
					 limited to presiding at hearings held in the absence of the Commission itself
					 and to ruling upon procedural and evidentiary matters that may come before the
					 hearings. 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. A
					 person so presiding may at any time withdraw from the proceeding if he deems
					 himself disqualified. A person so withdrawing or who without withdrawing holds
					 or has an interest in or has cause to believe he may have any bias or prejudice
					 in a matter then before the Commission shall promptly file an affidavit setting
					 forth relevant facts as to the interest, bias or prejudice before the
					 termination of the hearing and the Commission will determine the matter as a
					 part of the record and decision in the case. In the event of a withdrawal or
					 disqualification, another member, officer or agent designated by the Commission
					 shall have the authority to complete the hearing. Only the members of the
					 Commission will have the right to make decisions on those matters referred to
					 them.
(c) Officers presiding at
					 hearings shall have authority to administer oaths and affirmations, issue
					 subpoenas authorized by law, rule upon offers of proof or issues of procedure
					 and otherwise regulate the course of hearings.
(d) A decision shall be made and an
					 adjudication issued thereon solely on the basis of evidence introduced at the
					 hearing.
(e) Proponents of any
					 issue shall have the burden of proof thereof.
(f) Technical rules of evidence may not apply
					 in hearings held under this part. A relevant evidence may be received in either
					 oral or documentary form, provided, that the Commission or a hearing officer
					 acting hereunder may exclude irrelevant, immaterial or repetitious evi-dence.
					 Tape recordings of stewards' and hearing officers' hearings as well as of
					 investigative hearings or depositions may be received in evidence.
					 Investigative reports of Commission security personnel or of authorized agents
					 of the Thoroughbred Racing Protective Bureau shall be deemed to be a part of
					 the official records of the Commission in a relevant proceeding and an effected
					 party shall have the right to examine the same insofar as they may pertain to
					 matters directly and immediately in issue. Sanctions or orders may not be
					 entered unless based upon substantial, reliable and probative evidence. Parties
					 shall be entitled to cross-examine and to present rebuttal evidence as may be
					 necessary to a full and fair hearing.
(g) At any time after the service of process
					 a party may serve upon another party a written request for the admission of the
					 genuineness of relevant documents. Copies of the subject documents shall
					 accompany the request. Each requested admission shall be deemed made unless
					 within 10 days after service thereof, the party so served serves upon the party
					 making the request and the Commission either a statement setting forth the
					 specific reasons why the admission cannot be made or written objections on the
					 ground of privilege, irrelevancy or that the request is otherwise improper in
					 whole or in part.
(h) The order of
					 testimony will be at the discretion of the hearing officer. In determining this
					 order, he shall take into consideration the right of each party to present his
					 case or defense by oral or documentary evidence, to submit rebuttal evidence
					 and to conduct such cross-examination as may be required for a full and true
					 disclosure of the facts, and the desireability of hearing witnesses at times
					 convenient for them. If it appears necessary or appropriate hearings may be
					 continued generally or to a day certain.
(i) The hearing officer or the Commission may
					 request a party to notify the Executive Secretary of the Commission in advance
					 of the hearing of his intention to appear, and the approximate time testimony
					 or argument will consume. The presiding officer may call any person he or she
					 wishes to hear and may issue subpeonas to insure attendance.
(j) [Reserved].
(k) Bills of particulars may be requested in
					 any matter and shall be allowed by the Commission in its discretion.
(l) 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 matter may be heard ex parte or by and upon
					 default.
(m) A party to a
					 proceeding may waive in writing the right to a hearing. A waiver shall
					 constitute an admission of charges contained in the ruling appealed from or
					 notice or notices of hearings prepared by the Commission and be deemed an
					 authorization that the Commission may enter a final order or adjudication
					 without necessity of receipt of further evidence. A waiver by a corporate
					 licensee or uncorporated association shall be accompanied by a resolution under
					 seal authorizing the submission of the waiver. The waivers shall be in a form
					 prescribed by the Commission.
(n)
					 Contemptuous conduct shall be grounds for exclusion from a hearing. If the
					 hearing officer should deem the same to be occurring he shall so note on the
					 record and shall see that a stenographic report is made of the same. Should he
					 or the Commission deem any further sanction appropriate for the same, the
					 further sanction can be imposed only following notice and a hearing, following
					 completion of the original record of the incident in question.
(o) Motion and objections made during a
					 hearing shall be stated orally and shall be included in the stenographic record
					 of the hearing. Argument may not be included in the stenographic record unless
					 a participant, shall so request.
(p) At the conclusion of the hearing, parties
					 shall be afforded an opportunity to submit briefs and requests for findings of
					 fact and conclusions of law. Copies of a brief or requests submitted shall be
					 served upon the parties and formal proof of the service filed with the
					 Commission. A party may request oral argument before the Commission as a matter
					 of right. The Commission or an agent thereof may request the same which shall
					 be scheduled upon due notice of the parties.
(q) A petition for rehearing, reconsideration
					 or modification of a Commission order or adjudication shall be in writing
					 setting forth in numbered paragraphs the findings or orders of the Commission
					 that may be involved, the points relied upon by the petitioner, appropriate
					 record references and specific request for the changes or modifications
					 desired. If further evidence or testimony is desired or contemplated, the
					 nature and purpose of the same must be briefly stated.
(r) The Commission may, at any time, in its
					 discretion, and upon its own motion reopen a hearing upon due notice to the
					 parties.
(s) A record of the
					 testimony and exhibits, together with the papers and requests filed in the
					 proceedings, and relevant official records shall constitute the record. In the
					 event a party desires a written transcript, it shall be available at rates not
					 to exceed the maximum rates fixed by contract between the Commission and the
					 reporter. The copy of the Commission shall be open to inspection without charge
					 by an interested party. Partial transcripts or transcripts of uncompleted
					 hearings will not be furnished except to a party to the proceeding.
This section cited in 58 Pa. Code §
													165.184 (relating to decisions);
						  and 58 Pa. Code §
													165.231 (relating to hearing
						  rights).