reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.72 - Dockets

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The official
				  docket and all original papers pertaining to any proceeding instituted before
				  the Commission shall finally be kept at the principal office of the Commission
				  in Harrisburg, Pennsylvania.
(b) A
				  folder shall be maintained for the papers pertaining to each proceeding indexed
				  in the docket. Each paper indexed in the docket shall be placed in such folders
				  in the order indexed. No such paper may be removed from such folders. Before a
				  decision is made, only Commission members and representatives of the Department
				  of Justice may have access to such folders or after executing a custody card
				  remove them from the Commission office. After such decision, access to such
				  folders shall also be given to the other parties to the proceedings and their
				  legal counsel for whom appearance has been properly entered.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.73 - Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Complaints
				  shall be filed with the Commission at its principal office in Harrisburg,
				  Pennsylvania.
(b) Complaints shall
				  contain all pertinent information known to the complainant. A suggested form of
				  complaint appears in Appendix A. Forms shall be available at the Commission
				  office in Harrisburg, Pennsylvania.
This section cited in 58 Pa. Code §
												185.77 (relating to refusal,
						suspension or revocation of license with prior
						hearing).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.74 - Revocation of a license

Current through Register Vol. 54, No. 28, July 13, 2024
Where a license is to be suspended or revoked, the
					 Commission may either suspend or revoke such license without a prior hearing
					 after which the licensee whose license has been suspended or revoked, may upon
					 timely notice demand a hearing thereon in accordance with section 18 of the Law
					 or the Commission may conduct a hearing prior to its making a decision on the
					 issue of suspending or revoking a license.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.75 - Action without prior hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  When an application for a license is to be refused, or where a license is to be
				  suspended or revoked without a prior hearing, the Commission shall decide such
				  action. The agreement of two members of the Commission shall be necessary to
				  carry such action.
(b) Notice by
				  the Commission that an application for a license is refused or that a license
				  has been suspended or revoked shall be in writing and shall contain a clear and
				  concise factual statement sufficient to inform each party with reasonable
				  definiteness of the reasons for such refusal, suspension or
				  revocation.
This section cited in 58 Pa. Code §
												185.76 (relating to hearing
						demanded by applicant or licensee).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.76 - Hearing demanded by applicant or licensee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon timely notice given to the
				  Commission by an applicant who has been refused a license or by a licensee
				  whose license has been suspended or revoked under §
										185.75 (relating to action without
				  prior hearing) that such applicant or licensee shall demand a hearing under
				  section 18 of the Law, the Commission shall promptly give notice of a time and
				  place for such hearing.
(b) A
				  demand for a hearing, in order to be considered timely, must be received by the
				  office of the Commission, Harrisburg, Pennsylvania, no later than the tenth day
				  after the application for a license has been refused or a license has been
				  suspended or revoked. The 10 days shall begin to run from the day notification
				  of such refusal, suspension or revocation is served.
(c) The determination to refuse, suspend or
				  revoke a license shall remain in full force and effect pending the final
				  determination on the hearing demanded.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.77 - Refusal, suspension or revocation of license with prior hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon receipt of
				  a complaint filed under §
										185.73 (relating to complaints),
				  or upon information, the Commission shall decide whether a citation should be
				  issued against the licensee. The agreement of two members of the Commission
				  shall be necessary to approve the issuance of a citation. Such citation may be
				  signed by the Chairperson or the Executive Secretary of the
				  Commission.
(b) The Chairperson of
				  the Commission may between meetings sign and issue a citation without the vote
				  of the Commission, provided that two members approve the issuance of such
				  citation.
(c) In every case in
				  which a citation has been approved in the manner provided by subsection (a) or
				  (b), such citation shall be served upon the parties at least 5 days in advance
				  of the date of a hearing to be held on the charges contained in the citation.
				  The citation shall recite all of the following:
(1) The time, place and nature of the
				  hearing.
(2) The legal authority
				  and jurisdiction under which the hearing is to be held with specific
				  designation of the statutory or regulatory provisions alleged to have been
				  violated.
(3) A clear and concise
				  factual statement sufficient to inform each party with reasonable definiteness
				  of the type of acts or practices alleged to be in violation of the act or
				  regulations promulgated thereunder. In fixing the times and places for
				  hearings, due regard shall be had for the convenience of the parties and their
				  representatives.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.78 - Appearances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any individual
				  or member of a partnership named a party in any proceeding before the
				  Commission may appear on behalf of himself or of such partnership upon adequate
				  identification. A party corporation or association may be represented by a bona
				  fide officer thereof upon a showing of adequate authorization.
(b) A party may be represented by a member in
				  good standing of the bar of any court of record of the Commonwealth. Such
				  attorney must file his appearance with the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.79 - Service and filing of papers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Service of process by the Commission.
Service of process by
				  the Commission on other parties shall be made as follows:
(1)
Certified mail.
A copy
				  of the document may be addressed to the person, partnership, corporation or
				  unincorporated association to be served at his or its principal office or place
				  of business, certified and mailed.
(2)
Delivery to an
				  individual.
A copy thereof may be delivered to the person to be
				  served, or to a member of the partnership to be served, or to the President,
				  Secretary or other executive officer or a director of the corporation or
				  unincorporated association to be served.
(3)
Delivery to any address.
A copy thereof may be left at the principal office or place of business as
				  disclosed by the records of the Commission of the person, partnership,
				  corporation or unincorporated association to be served.
(4)
Delivery of noncommission
				  processes.
Documents other than processes of the Commission, the
				  service of which starts the running of prescribed periods of time provided or
				  allowed by this subchapter or by any order of the Commission for the
				  performance of some act or the occurrence of some event, shall be served in the
				  same manner as processes of the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.80 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All
				  applications for continuance, made prior to the hearing shall be in writing,
				  shall set forth the reasons therefor, and shall be filed with the Commission in
				  Harrisburg, Pennsylvania notice of such application by mail or otherwise to all
				  parties or their attorneys. At the time of the hearing, applications for
				  continuance may be made orally. If requested and in the manner prescribed by
				  the Commission, the party applying for the continuance shall substantiate the
				  reasons contained in such application.
(b) When application is made for continuance
				  of a cause because of the illness of an applicant, licensee, witness or
				  counsel, such application shall be accompanied by a medical certificate
				  attesting to such illness and inability to appear.
(c) An application for continuance of any
				  Commission hearing must be received by the Commission in Harrisburg,
				  Pennsylvania at least 96 hours prior to the time fixed for hearing. An
				  application received by the Commission within the 96 hour period will not be
				  granted unless a satisfactory arrangement in writing is made with the
				  Commission for the payment of all expenses resulting from such continuance.
				  However, the Commission may waive payment of such expenses for extenuating
				  circumstances.
(d) If the
				  Commission approves the application for continuance, the Commission forthwith
				  shall set a date for the continued hearing.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.81 - Investigations

Current through Register Vol. 54, No. 28, July 13, 2024
No process, requirement of a report, inspection or other
					 investigative act or demand shall be issued, made or enforced in any manner or
					 for any purpose except as authorized by law. Every person compelled to submit
					 data or evidence shall be entitled to retain, or procure, on payment of
					 lawfully prescribed costs, a copy or transcript thereof.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.82 - Witnesses and subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Witnesses at all hearings shall be examined orally under oath or affirmation
				  and a record of the proceeding shall be made and kept by the Commission. If any
				  witness resides outside the Commonwealth, or through illness or other cause is
				  unable to testify before the Commission or its trial examiner, his testimony
				  may be taken within or without this Commonwealth in a manner substantially
				  similar to that prescribed by the Pennsylvania Rules of Civil Procedure for the
				  taking of depositions.
(b)
				  Subpoenas as authorized by law shall be issued in blank over the seal of the
				  Commission to any party, upon demand made to the Commission in Harrisburg,
				  Pennsylvania.
(c) Witness and
				  mileage fees shall be paid by the party at whose instance the witnesses are
				  called.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.83 - 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, the
				  Executive Secretary, General Counsel or any other qualified person designated
				  by the Commission as an 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. No such member, officer or agent shall
				  consult any party on any fact in issue unless upon notice and opportunity for
				  all parties to participate. Any such Commission member, officer or agent may at
				  any time withdraw from the proceeding if he deems himself disqualified, and
				  upon the filing in good faith before the termination of the hearing of an
				  affidavit of personal bias or disqualification of any such member, officer or
				  agent, the Commission shall determine the matter as a part of the record and
				  decision in the case. In the event of such withdrawal or disqualification, any
				  other member, officer or agent if there be such participating in the hearing
				  shall have the authority to complete the hearing and to participate in the
				  decision.
(c) Members, officers or
				  agents presiding at hearings shall have authority to:
(1) Administer oaths and
				  affirmations.
(2) Issue subpoenas
				  authorized by law.
(3) Rule upon
				  offers of proof and receive relevant evidence.
(4) Take or cause depositions to be taken
				  whenever the ends of justice would be served thereby.
(5) Regulate the course of the
				  hearing.
(6) Hold conferences,
				  where appropriate, for the settlement or simplification of issues by consent of
				  the parties.
(7) Dispose of
				  procedural requests or similar matters.
(8) Participate in making
				  decisions.
(9) Take any other
				  action authorized by this part.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.84 - Decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 30 days
				  after the conclusion of the hearing, the Commission shall issue a written
				  order. The Commission may also, in its discretion, render a written
				  adjudication including a statement of findings of fact and conclusions of law,
				  with the reasons or basis therefor, upon all the material issues of fact, law,
				  or discretion presented on the record. All orders and adjudications shall be
				  based upon a consideration of the whole record and be supported by reliable,
				  probative and substantial evidence. Any final order or adjudication must be
				  signed and approved by two members of the Commission who shall have the right
				  to enter such final order or adjudication based upon the record made at the
				  hearing or hearings conducted by the Commission or its designated hearing
				  officer, pursuant to the provisions of §
										185.83 (relating to commission
				  hearings). Minority opinions may be submitted and these shall become part of
				  the record.
(b) All orders and
				  adjudications shall be served upon all the parties or their counsel personally
				  or by certified mail. If service is made by mail, the date of mailing will be
				  the date of service.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.85 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 30 days
				  after the service of an adjudication, or if a petition for rehearing or
				  reconsideration is filed pursuant to this part, then within 30 days after
				  service of the order of the Commission refusing such petition, or of the order
				  following rehearing or reconsideration, any party shall have the right to
				  appeal therefrom. Such appeal shall be taken to the Court of Common Pleas of
				  Dauphin County and shall be reviewable in accordance with sections 41 to 45
				  inclusive of the Act of June 4, 1945, P. L. 1388 as amended, otherwise known as
				  the Administrative Agency Law.
(b)
				  Parties interested jointly, severally or otherwise in the same adjudication may
				  join in an appeal therefrom even though all of the interested parties do not
				  join therein.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.86 - Consolidation or severence

Current through Register Vol. 54, No. 28, July 13, 2024
Any two or more proceedings may be consolidated or severed
					 by the Commission in its discretion.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.87 - Authority of Secretary

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Executive Secretary of the Commission shall have authority to issue notice of
				  orders of the Commission and to certify copies of all papers and documents
				  which are a part of any of the files or records of the Commission.
(b) The Executive Secretary of the Commission
				  shall be responsible for the efficient and orderly discharge of all matters
				  including the keeping of Commission journals and the minutes of Commission
				  meetings and the keeping of the docket and files of such Commission, and shall
				  be permitted to attend all hearings, meetings and deliberations of the
				  Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter D - RULES OF PRACTICE AND PROCEDURE › Section 185.88 - Construction and amendment of rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The provisions of this part are intended
				  to aid the efficient operation of the Commission and the orderly administration
				  of the law. They shall be liberally construed for the accomplishment of these
				  purposes and may be waived or suspended by the Commission at any time and in
				  any proceeding unless such action results in depriving a party of substantial
				  rights.
(b) Any rule or regulation
				  may be amended or rescinded by the Commission at any time in accordance with
				  law.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter E - PROCEDURE BEFORE JUDGES › Section 185.101 - Notice required

Current through Register Vol. 54, No. 28, July 13, 2024
Before any penalty may be imposed by a judge under the
					 provisions of this part, notice in writing must be given to the party to be
					 charged with a violation.
This section cited in 58 Pa. Code §
												185.102 (relating to contents of
						notice).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter E - PROCEDURE BEFORE JUDGES › Section 185.102 - Contents of notice

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by §
										185.101 (relating to notice
					 required) shall:
(1) Notify the party
				  of the infraction for which he is charged.
(2) State the time and place of
				  hearing.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter E - PROCEDURE BEFORE JUDGES › Section 185.103 - Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
All testimony at such hearing shall be given under oath and
					 a record shall be made of the hearing either by use of a tape recorder or by
					 court reporters' transcript.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter E - PROCEDURE BEFORE JUDGES › Section 185.104 - Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
No final determination shall be made by the judges until
					 the hearing is completed and all the evidence has been received and the party
					 charged has been given the opportunity to hear all of the evidence presented
					 against him.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter E - PROCEDURE BEFORE JUDGES › Section 185.106 - Original record

Current through Register Vol. 54, No. 28, July 13, 2024
The original record of the hearing shall be delivered to
					 the Commission immediately following notice of the determination to the party
					 charged and heard. If notice of the penalty has been given orally by the
					 presiding judge to the party charged as well as by writing, the record shall
					 contain a statement that such oral notice was given and the date, time and
					 place when it was given. The record shall also state the date and manner that
					 written notice thereof was given.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter E - PROCEDURE BEFORE JUDGES › Section 185.107 - Notice of penalty

Current through Register Vol. 54, No. 28, July 13, 2024
In all cases, notice of any penalty shall be given in
					 writing to the party charged. A penalty is imposed from the time that notice
					 thereof is given to the party charged. When such notice is given to the party
					 charged orally by the presiding judge, the penalty is imposed from the time of
					 such oral notice.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter E - PROCEDURE BEFORE JUDGES › Section 185.108 - Review and appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may investigate, consider, and review any
					 decision or ruling of the judges of a meeting upon its own motion or upon the
					 request of an aggrieved party. Such appeal from the decision or ruling of
					 judges must be made in writing within ten days following the oral or written
					 notice of such decision or ruling whichever occurs first. The appeal must be
					 sworn to before a Notary Public or one of the judges of the
					 meeting.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter F - APPEALS › Section 185.121 - Appeal from fines

Current through Register Vol. 54, No. 28, July 13, 2024
The action of the Commission in imposing any monetary fine
					 may be appealed to the Court of Common Pleas of Dauphin County under the
					 provision of the Administrative Agency Law, Act of June 4, 1945, P. L. 1388 as
					 amended. If no appeal is taken, the fine may be collected in an action of
					 assumpsit.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter F - APPEALS › Section 185.122 - Appeal from orders regarding stock transfers

Current through Register Vol. 54, No. 28, July 13, 2024
If the Commission shall make any order or direction with
					 regard to the disposal of stock or interests therein, the person aggrieved
					 shall be given notice of the time and place of a hearing before the Commission,
					 at which time the Commission will hear such person in reference thereto. The
					 action of the Commission may be reviewed by the Court of Common Pleas of
					 Dauphin County under the provision of the Administrative Agency Law, Act of
					 June 4, 1945, P. L. 1388 as amended.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.131 - Requirements of finished track; electrical appliances

Current through Register Vol. 54, No. 28, July 13, 2024
To conduct a race meeting under a license issued by the
					 Commission, the association shall at all times maintain a finished race track
					 which meets the following requirements of the Commission. The association
					 shall:
(1) File with the Commission a
				  certificate of a duly licensed civil engineer or land surveyor that he has
				  measured the said track from wire to wire, 3 feet out from the pole or inside
				  hub rail thereof and certifying in linear feet the result of such
				  measurement.
(2) Prior to the
				  commencement of each meeting, file with the Commission a certificate signed by
				  a licensed civil engineer or land surveyor that he has surveyed the turns of
				  the association's track and finds them to be no less than the requirements
				  prescribed by the Commission.
(3)
				  Maintain sufficient and adequate equipment and competent personnel for the
				  purpose of continued maintenance of the race course and plant grounds. Plant
				  grounds shall at all times be maintained in a proper and safe
				  condition.
(4) Maintain an
				  electrical wiring system of the quality intended to prevent electrical
				  fires.
(5) Prevent the use of
				  electrical appliances or equipment by anyone in circuits located particularly
				  in stable areas where such use does or could overload the circuit.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.132 - Approval of architect's plans and final construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Approval by Commission.
Construction or renovation of an association's track plant and all of the
				  facilities thereof shall not be commenced before the Commission shall have
				  approved plans of the architect therefor.
(b)
Submission of architect's
				  plans.
Each association shall submit one set of architect's plans to
				  the Commission and one set of plans to an architect or engineer designated by
				  the Commission prior to the commencement of any construction or renovation of
				  its track plant or any of the facilities thereof.
(c)
Consulting engineer or
				  architect.
The Commission shall designate a consulting engineer or
				  architect who shall examine all plans submitted to it by an association and who
				  shall report to the Commission the results of its examination. The fees of such
				  consultant shall be approved by the Commission and paid by the
				  association.
(d)
Periodic
				  inspections.
The consultant shall make periodic examinations of the
				  construction or renovation as directed by the Commission and report its
				  findings to the Commission. Such consultant shall, in advance, prepare and
				  submit to the Commission a schedule of anticipated periodic
				  inspections.
(e)
Approval
				  of final construction.
Before the Commission shall approve any
				  construction or renovation purported to be complete by the association, the
				  Commission shall obtain a report from the consultant who shall advise the
				  Commission whether the construction or renovation has been completed in
				  compliance with the plans submitted and approved.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.133 - Wagering on races

Current through Register Vol. 54, No. 28, July 13, 2024
No association shall permit wagers to be made on the
					 grounds of said association on any race held outside of the grounds, and no
					 foreign book or gambling device of any kind shall be permitted on said grounds.
					 Any person utilizing in any manner, any device, sign, action or mechanism for
					 the purpose of transmitting or communicating any information with regard to any
					 race from within the track grounds to the outside thereof shall be expelled
					 from the grounds and denied further admission to any association
					 track.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.134 - Bookmaking

Current through Register Vol. 54, No. 28, July 13, 2024
Anyone guilty of making a handbook on the grounds of any
					 association, shall be expelled from the grounds, and denied further admission
					 thereto, and any owner, driver or other person interested in any horse or
					 horses at said meeting, who shall be guilty of wagering with or through any
					 such handbook, shall be expelled from the grounds or denied admission by order
					 of the judges.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.135 - Solicitation of wagers

Current through Register Vol. 54, No. 28, July 13, 2024
If any trainer, driver, stable employe or other person
					 solicits wagers from the public by correspondence or other methods, to be made
					 on the horses in any stable, such person or persons so offending shall be ruled
					 off the course or denied admission by order of the Commission or the
					 judges.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.136 - Conditions of license

Current through Register Vol. 54, No. 28, July 13, 2024
Imposed on each association and other licensees is the duty
					 of enforcing and obeying the rules and regulations imposed by the Commission,
					 the said rules and regulations being a condition under which the licenses are
					 granted. The Commission reserves the right to amend, alter or repeal any rule,
					 regulation or condition herein imposed or to supplement said rules and
					 regulations.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.137 - Blacksmiths

Current through Register Vol. 54, No. 28, July 13, 2024
Each association shall provide within its grounds suitable
					 blacksmith shops and a sufficient number of blacksmiths to adequately
					 accommodate the number of horses racing during each racing
					 day.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.138 - Policing of premises

Current through Register Vol. 54, No. 28, July 13, 2024
The association shall provide a sufficient number of guards
					 and watchmen to maintain order on all parts of the racing enclosure. Each
					 association shall submit to the Commission, for its approval, the entire
					 policing plans of the association together with a list of personnel performing
					 policing duties. The plan and such list shall be kept current by the
					 association and all changes shall be made known to the Commission forthwith.
					 The association shall weekly file with the Commission a report relating to all
					 security activities. Such report shall be executed by the Chief Security
					 Officer, as well as the association.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.139 - Tipster sheets

Current through Register Vol. 54, No. 28, July 13, 2024
The association shall prohibit the sale or giving away of
					 any tipster sheets within the enclosed admission control area of the plant of
					 the association. Nothing herein contained shall be construed as applicable to
					 any newspapers, periodical, weekly or monthly magazine of general
					 circulation.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.140 - Supervision of peddlers

Current through Register Vol. 54, No. 28, July 13, 2024
The association shall supervise the practice and methods of
					 so-called merchandise peddlers who may have entry to the track enclosure to
					 solicit among the employes and other licensees engaged at the track, provided,
					 however, that the association shall not, by virtue of this section or
					 otherwise, restrict purchasing or attempt to control or monopolize the proper
					 selling of merchandise to owners, trainers or stable employes. Each so-called
					 merchandise peddler shall be licensed by the Commission. Each licensed peddler
					 shall submit a list of his wares to the presiding judge. A licensed peddler
					 dealing with medicines for horses shall also submit a list of medicines or
					 preparations he intends to sell to the Commission veterinarian for his
					 approval. No sale may be made of any medicine, preparation or other wares prior
					 to approval. No merchandise peddler shall be permitted access to the stable
					 area within three hours of post time.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.141 - Drinking fountains and rest rooms

Current through Register Vol. 54, No. 28, July 13, 2024
The association shall furnish an adequate number of free
					 drinking water fountains, comfort stations and wash rooms throughout its
					 grounds and buildings for the use of the public.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.142 - Inspection of premises

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission shall have the right to authorize a person
					 or persons to enter in or upon the stables, rooms or other places within the
					 track enclosure or places where horses are kept, for the purpose of and to
					 inspect and examine the personal effects, or property within such places of
					 every employe, trainer, driver, stable foreman, groom, authorized agent or
					 veterinarian.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.143 - Report of arrival and departure of horses

Current through Register Vol. 54, No. 28, July 13, 2024
All horses arriving at or leaving a race meeting must be
					 registered at the gate with a gateman or platform attendant. Complete
					 information regarding such arrival or departure is to be obtained. Separate
					 reports must be filed for each owner represented in each shipment. A copy of
					 each arrival or departure report must be delivered to the race secretary of the
					 association each morning before 10 a.m. It shall be the duty of the race
					 secretary to transmit a duplicate copy thereof to the
					 Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.144 - Watchmen in stable area

Current through Register Vol. 54, No. 28, July 13, 2024
Each association shall, during any race meeting or while
					 horses are stabled upon the grounds, maintain and furnish complete watchman
					 service night and day in and about all stable enclosures and furnish to the
					 Commission each day a complete tabulation list thereof showing name, duty,
					 place stationed and portions of enclosures supervised by such
					 watchmen.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.145 - Duties of watchmen

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Watchmen so
				  employed shall be individually responsible for a particular part of the stable
				  enclosure where they are on duty and they shall immediately investigate and
				  report the presence of anyone during the night or day who may be within said
				  stable enclosure without possessing proper credentials.
(b) A letter of instructions to all watchmen
				  shall be addressed to each of them by the association. Such letter shall fully
				  cover their duties and obligation to keep stable enclosures free from
				  unauthorized persons. A copy thereof shall be furnished to the Commission. Each
				  association shall install watchmen clocks at strategic positions which shall
				  disclose the time the watchmen checked thereat.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.146 - Stable enclosures fenced

Current through Register Vol. 54, No. 28, July 13, 2024
All such stable enclosures must be properly fenced and
					 admission granted only to authorized persons. No smoking or carrying a lighted
					 cigar, cigarette or pipe shall be permitted under the shed.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.147 - First aid facilities

Current through Register Vol. 54, No. 28, July 13, 2024
Each association shall maintain and furnish adequate first
					 aid facilities including rooms and equipment. Each association shall also make
					 available upon its plant grounds, the services of a physician and registered
					 nurse during all racing hours.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.148 - Ambulances

Current through Register Vol. 54, No. 28, July 13, 2024
Each association shall maintain and furnish at least one
					 adequate ambulance for the exclusive use of horses and a separate ambulance for
					 the exclusive use of persons upon the plant grounds.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.149 - Sand spreader and grader

Current through Register Vol. 54, No. 28, July 13, 2024
Each association utilizing a dirt track shall maintain at
					 all times during the racing day, a sand spreader for use in inclement weather
					 and a grader. Such equipment shall be operated by experienced and competent
					 personnel.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter G - TRACK MAINTENANCE AND SUPERVISION › Section 185.150 - Promotion of admission sales

Current through Register Vol. 54, No. 28, July 13, 2024
No association may conduct, sponsor or enter any
					 arrangement intended to promote the sale of admission tickets directly or
					 indirectly without first obtaining the consent of the Commission. The purpose
					 of this section is to avoid the use of other than legitimate advertisement
					 procedures.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter H - PARI-MUTUEL WAGERING › Section 185.161 - Pari-mutuel wagering

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Associations shall use vending machines for the sale of pari-mutuel tickets,
				  unless otherwise authorized by the Commission. All associations shall be
				  required to utilize total electronic calculators approved by the Commission.
(1) No electronic calculator may be deemed
				  one of approved design unless it is capable of registering by automatic
				  electronic or mechanical means on central aggregators all wagers made on each
				  horse, entry, or the field, in each of the straight, place and show pools, and
				  displaying the totals so registered in such a way as to permit ready tabulation
				  thereof by the representative of the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter H - PARI-MUTUEL WAGERING › Section 185.162 - Definition of "race"

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter, the term "race" shall be
					 considered to apply as if the term "heat" or "dash" had been used, and for the
					 purpose of pari-mutuel wagering, every heat shall be a separate and distinct
					 race, unless the context clearly indicates otherwise.
This section cited in 58 Pa. Code §
												185.171 (relating to the twin
						double).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter H - PARI-MUTUEL WAGERING › Section 185.166 - Refunds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any ruling of
				  the judges or of the Commission with regard to the award of purse money made
				  after the sign "official" has been purposely displayed shall have no bearing on
				  the mutuel payoff.
(b) In all cases
				  when a horse has been excused by the judges after wagering has started but
				  before the horses shall have actually started, all money wagered on the horse
				  so excused shall be deducted from the pool and refunded.
(c) If two or more horses in a race are
				  coupled on the same mutuel ticket, there shall be no refunds unless all of the
				  horses so coupled are excused before the actual start.
(d) In the case of a race being declared off
				  or postponed to another day by the judges after the wagering has begun, all
				  money wagered in that race shall be refunded.
This section cited in 58 Pa. Code §
												185.171 (relating to the twin
						double).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter H - PARI-MUTUEL WAGERING › Section 185.167 - Information required by Commission and Department of Revenue

Current through Register Vol. 54, No. 28, July 13, 2024
The officers and employes of the association shall promptly
					 give the Department of Revenue and the Commission such information as they may
					 request from time to time and shall freely and fully cooperate with them in
					 every way.
This section cited in 58 Pa. Code §
												185.171 (relating to the twin
						double).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter H - PARI-MUTUEL WAGERING › Section 185.168 - Record of unpaid tickets

Current through Register Vol. 54, No. 28, July 13, 2024
An itemized record of all unpaid winning mutuel tickets
					 shall be prepared and a complete record thereof including total forwarded to
					 the Commission and the Department of Revenue within 5 days after the last day
					 of any racing meeting.
This section cited in 58 Pa. Code §
												185.171 (relating to the twin
						double).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter H - PARI-MUTUEL WAGERING › Section 185.169 - Record of actual payoff

Current through Register Vol. 54, No. 28, July 13, 2024
Complete and detailed records of each race containing the
					 actual payoff on each horse shall be filed with the Commission at the end of
					 each day.
This section cited in 58 Pa. Code §
												185.171 (relating to the twin
						double).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter H - PARI-MUTUEL WAGERING › Section 185.170 - Report of handle and attendance

Current through Register Vol. 54, No. 28, July 13, 2024
The association shall supply daily to the Commission, a
					 report of the following: handle of each race, Daily Double handle, total daily
					 handle and attendance.
This section cited in 58 Pa. Code §
												185.171 (relating to the twin
						double).
Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 185 - ADMINISTRATIVE RULES › Subchapter H - PARI-MUTUEL WAGERING › Section 185.172 - Perfecta (Exacta)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No Perfecta
				  (Exacta) wagering shall be conducted without permission of the Commission and
				  only two Perfectas (Exactas) shall be permitted during a single racing program.
				  The races in which Perfecta (Exacta) type pari-mutuel wagering will be
				  permitted shall only be those designated by the Commission and separate pools
				  shall be established therefor.
(b)
				  To win a Perfecta (Exacta), it is necessary for the purchaser of a Perfecta
				  (Exacta) ticket to select in order the horse declared the winner and the horse
				  declared to have placed in the race in which Perfecta (Exacta) type wagering is
				  permitted. If either of the selections made by the purchaser fails to be
				  declared to have finished in the position designated by the purchaser when
				  purchasing the Perfecta (Exacta) ticket, then the contract is void except as
				  here and after provided.
(c) Should
				  there be a dead heat for win in a Perfecta (Exacta) race, holders of tickets
				  combining those two horses in either order will share in the Perfecta (Exacta)
				  payoff. Should there be a dead heat for place, holders of tickets combining the
				  horse declared the winner with either of the horses declared to have finished
				  in the dead heat for place shall share in the Perfecta (Exacta) payoff. In both
				  of the instances mentioned in subsections (a) and (b), the net pool shall be
				  distributed and calculated in the same manner as a Place Pool.
(d) If no ticket is sold combining in order
				  the horse declared the winner and the horse declared to have placed, the
				  Perfecta (Exacta) Pool shall be apportioned between those having tickets
				  selecting to win the horse declared the winner and those having tickets
				  selecting to place the horse declared to have placed and the net pool shall be
				  distributed and calculated in the same manner as a Place Pool.
(e) In the event any horse or horses in the
				  Perfecta (Exacta) should be excused by the racing officials after the horses
				  shall have left the paddock for the post, or after the betting on the Perfecta
				  (Exacta) has been closed, or should any horse or horses in the Perfecta
				  (Exacta) be prevented from racing because of failure of the arm or arms of the
				  starting gate to open, the money wagered on any horse or horses so excused or
				  prevented from racing shall be deducted from the Perfecta (Exacta) Pool and
				  refunded to the purchaser or purchasers of tickets on the horse or horses so
				  excused or prevented from racing.
(f) In the event only one horse finishes the
				  race and is declared the winner, the net pool shall be distributed to holders
				  of Perfecta (Exacta) tickets designating to win the horse declared the
				  winner.
(g) There shall be no
				  coupled entries or fields in a Perfecta (Exacta) race.