Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 189 - NONPRIMARY LOCATIONS › APPLICATION FOR A NONPRIMARY LOCATION › Section 189.24 - Consideration of a Statement by the Commission and the State Horse Racing Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  approval of the State Horse Racing Commission is necessary for the
				  establishment of a nonprimary location in the secondary market area of a
				  racetrack.
(b) The following
				  procedures, in addition to those in §§
										189.21-189.23 (relating to Nonprimary
				  Location Statement; filing of a Statement; documentation required; and public
				  hearing and public comment) apply when the approval of both the Commission and
				  the State Horse Racing Commission is necessary as set forth in subsection (a):
(1) The Statement and information, documents
				  and exhibits required to be submitted with the Statement shall be submitted to
				  the Commission according to the schedule established in §
				  189.22.
(2) The Commission will
				  consider the Statement in accordance with the schedule established in §
				  189.22 and will:
(i) Notify the State Horse
				  Racing Commission of the scheduling of the public hearing as set forth in
				  § 189.23.
(ii) Invite the
				  State Horse Racing Commission to participate in the public hearing.
(iii) Permit the State Horse Racing
				  Commission to review public comments received.
(iv) Provide one copy of the Statement to the
				  State Horse Racing Commission.
(3) If the Commission approves Part I of the
				  Statement, written notice of the approval will be given to the State Horse
				  Racing Commission.
(4) The State
				  Horse Racing Commission has 30 days from the date of the written notice
				  required by paragraph (3) to deny approval of Part I of the Statement. The
				  failure of the State Horse Racing Commission to deny approval of Part I of the
				  Statement constitutes approval of Part I of the Statement.
(5) Upon the approval by the State Horse
				  Racing Commission of Part I of the Statement, or the expiration of the 30-day
				  denial period, and the submission of the information, documents and exhibits
				  requested in Part II of the Statement, the Commission will begin consideration
				  of Part II of the Statement.
(6) If
				  the Commission approves Part II of the Statement, written notice of the
				  approval will be given to the State Horse Racing Commission.
(7) The State Horse Racing Commission has 30
				  days from the date of the written notice required by paragraph (6) to deny
				  approval of Part II of the Statement. The failure of the State Horse Racing
				  Commission to deny approval of Part II of the Statement constitutes approval of
				  the Statement by the State Horse Racing Commission.
(8) An order issued under this section may be
				  executed by the Executive Secretary of the State Horse Racing Commission
				  following the polling of the members of the State Horse Racing Commission by
				  telephone. Action taken under this paragraph shall be ratified by the State
				  Horse Racing Commission at its next public meeting.