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 A - GENERAL PROVISIONS › Section 179.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
					 words and terms, when used in this part, have the following meanings, unless
					 the context clearly indicates otherwise:
Adjudication
-An order, decree, decision,
						determination or ruling by the Commission affecting the personal or property
						rights, privileges, immunities, duties, liabilities or obligations of the
						parties to the proceeding in which the adjudication is made.
Complaint
-A written statement of
						verified allegations submitted by a Bureau Director, Commission staff or other
						licensed person setting forth the violation of law or of rules and regulations
						promulgated thereunder.
Documentary evidence
-Any document or
						paper which is presented and accepted as evidence in a proceeding.
Documentary hearing
-A proceeding limited
						to a review of documentary evidence submitted by the parties, including
						pleadings, documents, affidavits and transcripts.
Electronic mail
-A means of dispatching
						or receiving a submittal in relation to a Commission matter through electronic
						means.
Formal investigation
-A matter initiated
						by the Commission, the Bureau Directors or Commission staff which results in a
						formal review of possible violations of the act or the rules and regulations
						promulgated by the Commission. An investigation may be initiated through or
						arising from written complaints, oral allegations, anonymous tips, video tape
						surveillance or other information collected or presented to the
						Commission.
Hearing
-A proceeding, documentary or
						oral, initiated by the filing of a complaint, petition, motion, ruling of the
						Board of Judges or Board of Stewards or by order of the Commission.
Hearing Notice
-A notice of the time and
						place of a hearing.
Intervener
-A person who petitioned to
						intervene in a proceeding and has properly demonstrated an effected interest
						sufficient to create standing in the matter and who has been admitted by the
						Commission as a participant to the proceeding.
Oral hearing
-A proceeding wherein the
						parties may present sworn testimony, documents or other evidence and of which a
						verbatim record is made.
Party
-A person who is named in or
						admitted to a proceeding before the Commission and who has a direct interest in
						the subject matter of the proceeding.
Prehearing conference
-A proceeding to
						establish a schedule, discuss offers of settlement and identify other issues
						the Commission, the Bureau Directors or presiding officer may direct.
Presiding officer
-
(i) A member of the Commission or other
					 person designated by the Commission to conduct a proceeding.
(ii) This definition supersedes 1 Pa. Code
					 §
												31.3 (relating to the
					 definitions).
Proceeding
-A matter intended to produce
						a formal record.
Respondent
-A person subject to the
						jurisdiction of the Commission to whom an order or notice is issued by the
						Commission or Bureau Directors instituting a proceeding or
						investigation.
Subpoena
-
(i)
Administrative subpoena.
An order of the Commission or designee directing a licensee or other person or
					 witness to attend and present testimony and documents at a particular time,
					 place and proceeding;
(ii)
Investigatory subpoena (Duces Tecum)
An order of the
					 Commission or designee compelling a licensee to produce certain records,
					 documents or other things related to an investigation which may be in the
					 possession, custody or control of that person. (This definition supersedes 1
					 Pa. Code §
												35.142 (relating to
					 subpoenas).)