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 C - COMMISSION HEARINGS › Section 179.73 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 30 days
					 after the receipt of a written adjudication or the entry of a final order or
					 decision of the Commission, a party shall have the right to appeal therefrom to
					 the Commonwealth Court under
					 42 Pa.C.S. §
												763
					 (relating to direct appeals from government agencies).
(b) The filing of an appeal with the
					 Commonwealth Court will not stay enforcement of the decision or final order of
					 the Commission unless a separate stay is obtained from the court upon
					 application in accordance with the Rules of Appellate Procedure or the
					 Commission grants a stay prior to the filing of the appeal upon
					 request.
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 D - EJECTION MATTERS EXPEDITED HEARING PROCEDURES › Section 179.91 - General purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The sections set forth below are intended to govern the
						expedited practice and procedures before the Commission solely regarding the
						ejection from or the refusal of admission to a licensed racetrack facility or a
						racetrack enclosure. An ejection or refusal of admission are governed by
						section 9326(a) of the act (relating to admission to racetrack). The following
						sections are intended to supersede the applicability of 1 Pa. Code Part II
						(relating to General Rules of Administrative Practice and Procedure) to
						practice and procedure before 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 D - EJECTION MATTERS EXPEDITED HEARING PROCEDURES › Section 179.92 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Adjudication
-The written 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.
Commissioner
or
Presiding
						Officer
-A member of the Commission or other person designated by the
						Commission to conduct the proceeding.
Decision
-The determination from the
						bench by the Commission affirming, reversing or modifying the ejection or
						refusal, or both, of admission action immediately upon the closing of the
						evidentiary record of the proceeding.
Ejectee
-An individual ejected from or
						refused admission to, or both, the racetrack enclosure under section 9326 of
						the act.
Ejection
or
Refusal of
						Admission
-The action taken by a licensed racing entity to refuse
						admission to the grounds of the racetrack enclosure or the physical removal of
						a licensee from the grounds of the racetrack enclosure as provided by section
						9326 of the act (relating to admission to racetrack).
Ejection Notice
-Written notification
						issued by a licensed racing entity to an individual licensed by the Commission
						of the ejection or refusal, or both, of admission of that individual from the
						racetrack enclosure, the enumerated reasons for this action and the term of
						ejection.
Licensed Racing Entity
-A person that has
						obtained a license to conduct live thoroughbred or harness horse race meetings
						respectively with pari-mutuel wagering from the Commission.
Party
-A person who is named in or
						admitted to the proceeding and who has a direct interest in the subject matter
						of the proceeding.
Term of ejection
-The specific period of
						time set forth by the licensed racing entity in the written notice of
						ejection/denial of admission for which the ejectee is prohibited from entering
						the licensed racetrack facility.
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 D - EJECTION MATTERS EXPEDITED HEARING PROCEDURES › Section 179.93 - Written ejection notices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 licensed racing entity may refuse admission to or eject, or both, from the
					 racetrack enclosure operated by the licensed racing entity, any person licensed
					 by the Commission and employed at an occupation at the racetrack, if the
					 person's presence is deemed detrimental to the best interests of horse racing
					 and after citing the reasons for the determination in writing.
(b) The written notice shall also advise the
					 ejectee of that person's right to request a hearing before the Commission no
					 later than 48 hours following receipt of the written ejection notice. The
					 written ejection notice shall include the address of the Commission and the
					 address of the licensed racing entity.
(c) Failure by the licensed racing entity to
					 provide written notice of the refusal of admission or ejection of the licensed
					 individual shall be grounds for the Commission to issue a show cause order
					 requiring a response and justification by the licensed racing entity.
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 D - EJECTION MATTERS EXPEDITED HEARING PROCEDURES › Section 179.94 - Request for a hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The person
					 ejected or refused admission to the racetrack enclosure may request a hearing
					 before the Commission, if the request:
(1) Is
					 in writing;
(2) Is received by the
					 Bureau Director in the Executive Office of the Commission (Office of the Clerk)
					 within 48 hours of receipt of the written notice of ejection or refusal of
					 admission, or both; and
(3) Sets
					 forth a concise statement of all grounds upon which a hearing is
					 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 D - EJECTION MATTERS EXPEDITED HEARING PROCEDURES › Section 179.95 - Notice and location of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All ejection or refusal of admission
					 hearings shall be scheduled for and conducted at the next duly scheduled public
					 meeting of the Commission subject to the notice provision under subsection (b).
					 The hearing shall take place at the location of the Commission's public
					 meeting. If scheduling the hearing for the next duly scheduled public meeting
					 of the Commission does not afford the appropriate notice, the hearing shall be
					 scheduled for the following duly scheduled public meeting.
(b) The parties to the proceedings shall be
					 provided at least 5 days written notice of the specific location, date and time
					 of the Commission public meeting at which the ejection hearing will take
					 place.
(c) Hearings will not be
					 continued except for compelling reasons, as determined by the Commission, in
					 its sole discretion. Any request for a continuance must be submitted in writing
					 setting forth the compelling reasons 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 D - EJECTION MATTERS EXPEDITED HEARING PROCEDURES › Section 179.96 - Conduct of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commission shall preside over the course and conduct of the matter directly.
					 The Commission may, however, in its discretion, designate or appoint a
					 Commissioner or other qualified person to serve as the presiding office in the
					 particular matter.
(b) Hearings may
					 provide for:
(1) Receipt of sworn
					 testimony.
(2) Receipt of all
					 relevant oral or documentary evidence.
(3) Opportunity for parties to be
					 heard.
(4) A complete evidentiary
					 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 D - EJECTION MATTERS EXPEDITED HEARING PROCEDURES › Section 179.97 - Appeals to Commonwealth Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may appeal the final order and
					 written adjudication of the Commission to the Commonwealth Court within 30 days
					 of the receipt of the written determination in accordance with the provisions
					 of Rules of Appellate Procedure.
(b) The filing of a Petition for Review with
					 the Commonwealth Court will not automatically stay enforcement of the decision
					 or final order of the Commission unless a separate stay is obtained from the
					 court upon application in accordance with the Rules of Appellate
					 Procedure.
This section cited in 7 Pa. Code §
													179.98 (relating to disinterested
						  party status on appeal to Commonwealth
						  Court).
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 D - EJECTION MATTERS EXPEDITED HEARING PROCEDURES › Section 179.98 - Disinterested party status on appeal to Commonwealth Court

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission is not an aggrieved party as contemplated
						by 2 Pa.C.S. §
												702
						(relating to Administrative Agency Law) and shall be deemed a disinterested
						party in ejection or refusal of admission matters subsequently appealed, by
						either party, to the Commonwealth Court under §
											179.97(a)
						(relating to appeals to Commonwealth Court). In accordance with Pa.R.A.P.
						1513(a), as a disinterested party, the Commission shall not be named in the
						caption or listed as the Respondent on Appellant's Petition for
						Review.
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 E - DOCUMENTARY HEARINGS › Section 179.101 - Expedited documentary hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
To control
					 administrative costs for all parties, to expedite and streamline the formal
					 hearing process and to promote judicial economy, an individual who appeals a
					 decision of the Judges or Stewards regarding certain racing matters may waive
					 the right to an oral hearing as provided in Subchapter C (relating to
					 Commission hearings) and elect to have the matter proceed under the expedited
					 process and resolved solely by the submission of documents.
(b)
Matters for documentary
					 hearing.
Among other racing related matters, the expedited documentary
					 hearing may be utilized by an appellant or party when time is of the essence or
					 where the health, safety and welfare of a horse is involved, including but not
					 limited to claiming disputes, horse transfers and other similar
					 matters.
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 E - DOCUMENTARY HEARINGS › Section 179.102 - Election of documentary hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual who elects to proceed under
					 the expedited documentary hearing process, instead of a formal oral hearing,
					 must provide written notice to the Bureau Directors of the individual's
					 decision to proceed under the expedited hearing process within 2 days of the
					 approval of the initial appeal request. A written waiver of oral hearing, in
					 accordance with §
											179.103 (relating to waiver of oral
					 hearing), must be submitted along with the individual's notification of
					 election to proceed under the expedited documentary hearing
					 procedure.
(b) If there is more
					 than one party in the matter, all parties must agree to proceed under the
					 expedited documentary hearing process and must provide the necessary waiver
					 form. If there is no agreement by the parties, the matter will proceed under
					 the Commission's oral hearing process set forth in Subchapter C (relating to
					 Commission hearings).
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 E - DOCUMENTARY HEARINGS › Section 179.103 - Waiver of oral hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 appellant and other parties, if applicable, shall execute a written waiver
					 specifically acknowledging that:
(1) They are
					 knowingly and voluntarily proceeding under the expedited documentary hearing
					 process;
(2) They will timely
					 submit all necessary documents or records properly sworn to or affirmed and
					 based upon personal knowledge; and
(3) That as a condition of proceeding through
					 the expedited documentary hearing process, they will abide by the decision of
					 the Bureau Director and no appeal will be taken to the Commission or to a
					 subsequent court.
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 E - DOCUMENTARY HEARINGS › Section 179.104 - Documentary hearing procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The appellant and other parties, if
					 applicable, shall submit to the Bureau Director a complete package of documents
					 setting forth the factual or legal, or both, basis to support their position,
					 including, but not limited to records, pleadings, witness affidavits,
					 supporting briefs and legal argument.
(b) The Bureau Director's review of the
					 underlying issues shall be limited solely to a review of the documentary
					 evidence submitted by the parties to the hearing and the underlying
					 determination by the Judges/Stewards. No in-person testimony or depositions
					 shall be taken in these proceedings.
(c) Once the supporting documentation has
					 been submitted to the Bureau Director, an appellant or a party may not
					 communicate directly or indirectly, with the Bureau Director in connection with
					 any issue of law or any matter of fact relating to the matter in
					 dispute.
(d) The Bureau Director
					 shall issue a limited written decision in the form of a ruling within 5 days of
					 the receipt of the documents from the appellant or parties. The ruling shall
					 briefly set forth the facts, conclusion and the legal basis for the Bureau
					 Director's decision.
(e) The Bureau
					 Director shall provide a copy of the applicable ruling to the appellant or
					 parties in the matter.
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 E - DOCUMENTARY HEARINGS › Section 179.105 - Evidentiary documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 records, pleadings, briefs, affidavits and other documents to be submitted to
					 the Bureau Director shall be signed and verified by the appellant, the parties
					 or their respective counsel as set forth below.
(b) The signature of the person subscribing a
					 document filed with the Commission constitutes a certificate by the individual
					 that:
(1) The person has read the document
					 being subscribed and filed and knows the contents thereof.
(2) The document has been subscribed and
					 executed in the capacity specified upon the document with full power and
					 authority to do so, if executed in a representative capacity.
(3) The document is well grounded in fact and
					 is warranted by existing law or a good faith argument for the extension,
					 modification or reversal of existing law, to the best of the person's
					 knowledge, information and belief formed after reasonable inquiry.
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 E - DOCUMENTARY HEARINGS › Section 179.106 - Verification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Pleadings or
					 other documents containing an averment of fact not appearing of record in the
					 underlying action or containing a denial of fact shall be personally verified
					 by the appellant or party thereto. Verification means a signed, written
					 statement of fact supported by oath or affirmation or made subject to the
					 penalties of
					 18 Pa.C.S. §
												4904
					 (relating to unsworn falsification to authorities). If verification is
					 required, notarization is not necessary.
(b) The verification form should comply
					 substantially with the following:
VERIFICATION
I, _______________, hereby state that the facts above set
						forth are true and correct (or are true and correct to the best of my
						knowledge, information and belief). I understand that the statements herein are
						made subject to the penalties of
						18 Pa.C.S. §
													4904
						(relating to unsworn falsification to authorities).
Date: _______________
_______________
(Signature)
(c) When an affidavit is used, the form
					 should comply substantially with the following:
AFFIDAVIT
I, _______________, being duly sworn do hereby affirm
						according to law, depose and say that the facts above set forth are true and
						correct to the best of my knowledge, information and belief.
_______________
(Signature of affiant)
Sworn and subscribed before me this _______________ day
						of _____, 20 ____.
_______________
(Notary Public)
(d) An individual who executes a pleading or
					 other document knowing that it contains a false statement and who causes it to
					 be filed with the Bureau Director or Commission shall be subject to prosecution
					 of a misdemeanor of the second degree in violation of
					 18 Pa.C.S. §
												4904(a).
(e) Subsections (a)-(d) supersede 1 Pa. Code
					 §
											33.12 (relating to
					 verification).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.1 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
The purpose of this part is to set forth the
				  requirements for individuals seeking to obtain a license to conduct horse race
				  meetings, describe the duties, responsibilities, facilities, equipment and
				  operations of the license racing entities, consistent with the provisions of
				  section 9318 of the act (relating to licenses for horse race
				  meetings).
(b)
Knowledge of
				  rules.
All licensed racing entities, their directors, officers,
				  officials and employees are responsible for the conduct of their horse race
				  meeting, including but not limited to all live racing, simulcasted racing and
				  pari-mutuel wagering activities within their facilities and racetrack
				  enclosure.
(c)
General
				  duty.
All licensed racing entities, their directors, officers,
				  officials and employees shall be familiar with, abide by and enforce the
				  provisions of the act and the rules, regulations and orders of the Commission
				  or the Board of Judges and Board of Stewards.
(d)
Exemption.
A licensed
				  racing entity may request an exemption from a requirement in this chapter to
				  utilize new technology or innovative construction or design of the racetrack
				  facilities. The Commission may grant an exemption if the Commission determines
				  that:
(1) The licensed racing entity's
				  proposal substantially satisfies the purpose of the requirement; and
(2) The exemption is in the best interests of
				  the racing industry, the citizens of this Commonwealth and health, safety and
				  welfare of horses.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.2 - Number of licensed racing entities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Standardbred horse
				  racing.
No more than five persons shall be licensed to conduct a horse
				  race meeting. No person licensed under this chapter to conduct Standardbred
				  horse racing with pari-mutuel wagering shall be licensed to conduct
				  Thoroughbred horse racing with pari-mutuel wagering.
(b)
Thoroughbred horse
				  racing.
No more than six persons shall be licensed by the Commission
				  to conduct a horse race meeting. No person licensed under this chapter to
				  conduct Thoroughbred horse racing with pari-mutuel wagering shall be licensed
				  to conduct Standardbred horse racing with pari-mutuel wagering.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.3 - Race meeting license required

Current through Register Vol. 54, No. 28, July 13, 2024
In accordance with the provisions of the act, no person
					 shall conduct or operate a horse race meet with pari-mutuel wagering within
					 this Commonwealth without first obtaining the appropriate license from the
					 Commission. The purchase of a licensed racing entity, the change of ownership
					 in the licensed racing entity or a transfer of a horse race meeting license
					 shall be reviewed and approved by the Commission in accordance with the
					 provisions of the Racing Act and these regulations.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.4 - Race meeting application and procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applications to conduct horse race
				  meetings shall be in the form prescribed by the Commission and must contain
				  information as required by the provisions of the Racing Act or as required by
				  the Commission. The Commission may require the following forms or
				  documentation:
(1) Entity Application and
				  Organizational Chart;
(2)
				  Multi-Jurisdictional History Disclosure Forms for applicable Directors,
				  Officers and Principals;
(3) Breed
				  specific occupational license applications;
(4) Recent fingerprints; or
(5) Any other applicable information upon
				  which to make a suitability determination.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.5 - Conditions for approval

Current through Register Vol. 54, No. 28, July 13, 2024
Each horse race meeting license, if granted, shall be
					 issued and remain in effect so long as the licensed racing entity, its
					 subsidiaries, affiliates, agents or vendors comply with each condition, rule,
					 regulation or order of the Commission and the provisions of the act, including
					 the following conditions:
(1) A horse
				  race meeting at which pari-mutuel wagering and racing related activities is
				  conducted shall be regulated by the Commission.
(2) The conduct of pari-mutuel wagering and
				  racing related activities shall also be regulated by the Department of
				  Revenue.
(3) The licensed racing
				  entity shall print in its racing programs the procedure for filing a complaint
				  with the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.6 - Commission action on horse race meeting licenses

Current through Register Vol. 54, No. 28, July 13, 2024
The following shall apply:
(1) The Commission shall be prohibited from
				  issuing a license to conduct a horse race meeting at which pari-mutuel wagering
				  is permitted to an individual or applicant or an owner, officer, director or
				  manager of the applicant who has been convicted of:
(i) A felony in any jurisdiction.
(ii) A misdemeanor gambling offense in any
				  jurisdiction, unless 15 years has elapsed from the date of
				  conviction.
(iii) Fraud or
				  misrepresentation in any jurisdiction related to horse racing or horse
				  breeding, unless 15 years has elapsed from the date of conviction.
(iv) An offense under 18 Pa.C.S. Subchapter
				  B, §
											§ 5531-5561 (relating to cruelty to animals) (as
				  amended).
(v) An offense related to
				  fixing or rigging horse races, including
				  18 Pa.C.S. §
												4109
				  (relating to rigging publicly exhibited contest) or § 7102 (relating to
				  administering drugs to race horses), or any similar crime in another
				  jurisdiction, unless the conviction has been overturned on appeal under the
				  laws of the jurisdiction of the original finding or a pardon has been
				  issued.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.7 - Denial, suspension or revocation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may deny an application
				  for a license or revoke, suspend or refuse to renew the license of any
				  applicant or licensed racing entity, if the Commission finds by a preponderance
				  of the evidence that:
(1) The applicant or
				  licensed racing entity, or any of its owners, officers, director, managers,
				  employees or agents:
(i) Has not complied
				  with the conditions, rules, regulations and provisions of this chapter and that
				  it would be in the public interest, convenience or necessity to deny, revoke,
				  suspend or not renew the license.
(ii) Has been convicted of a violation or
				  attempt to violate a horse racing law, rule or regulation of a horse racing
				  jurisdiction.
(iii) Has furnished
				  the Commission with false or misleading information relating to the application
				  or license renewal.
(iv) Has failed
				  to provide all requested documentation relating to an application or license
				  renewal, change of ownership or transfer of license.
(v) Has been convicted of a crime involving
				  moral turpitude.
(vi) Has been
				  convicted of a misdemeanor gambling offense in any jurisdiction.
(vii) Has been convicted in any jurisdiction
				  of fraud or misrepresentation related to horse racing or horse
				  breeding.
(viii) Has engaged in or
				  continues to engage in unlicensed or unlawful pari-mutuel wagering activities
				  in or outside of this Commonwealth which violates the laws of the Commonwealth
				  or the rules of racing.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.8 - Racing days

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commission, consistent with the provisions of the Racing Act, its regulations
				  and
				  4
				  Pa.C.S. §
											1303 (relating to additional
				  Category 1 slot machine license requirements), shall approve the specific
				  number of race days requested by the licensed racing entity for the race meet.
				  The required racing days under this section and
				  4
				  Pa.C.S. §
											1303(a)(2) and
				  (b) may be waived or modified by the
				  Commission if the waiver or modification has been agreed to by the horsemen's
				  organization and the licensed racing entity at the racetrack where the racing
				  days are to be scheduled or raced.
(b) The provisions of
				  4
				  Pa.C.S. §
											1303(d) shall
				  not apply if the reason for noncompliance with that section by a licensed
				  racing entity is the cancellation of racing days due to the Commission's
				  inability to properly regulate and oversee the conduct of horse racing in this
				  Commonwealth due to inadequate funding.
(c) The Commission shall submit to the
				  Secretary of Revenue the approved number of racing days for each licensed
				  racing entity, including the following information:
(1) The names and addresses of the licensed
				  racing entity;
(2) The names and
				  addresses of the owners, officers and general managers of the licensed racing
				  entity; and
(3) Any other
				  information the Commission deems appropriate.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.9 - Electronic wagering by licensed racing entity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
New Application.
In
				  accordance with the applicable provisions of Subchapter C of the act, a license
				  racing entity seeking to offer all forms of electronic wagering, including
				  advanced deposit wagering to individuals within this Commonwealth must apply to
				  the Commission for the applicable license by submitting the following:
(1) A completed electronic wagering license
				  application, in the form approved by the Commission.
(2) A Petition, in numbered paragraphs,
				  containing the requested information as set forth in sections 9353 and 9355 of
				  the act and setting forth any other information supporting its petition and
				  request for an electronic wagering license.
(3) Applicable licensing costs and fees as
				  set forth in section 9352 (relating to licensing costs and fees) of the
				  act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.10 - Gratuities prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
No director, owner, officer, manager or employee of an
					 applicant or licensed racing entity or their immediate family shall accept
					 gifts, gratuities or anything of value from horse breeders, owners, trainers or
					 other individuals in connection with racing related activities at any facility
					 within this Commonwealth.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.11 - Possession of firearms

Current through Register Vol. 54, No. 28, July 13, 2024
No person, licensee, employee of a licensed racing entity,
					 a secondary pari-mutuel organization, or their racing vendors and
					 concessionaires shall possess a firearm within the racetrack enclosure unless
					 that person has obtained a valid permit for the firearm from an appropriate
					 criminal law enforcement authority and the firearm has been registered in
					 writing with the Commission's security office at the racetrack and the director
					 of security of the licensed racing entity.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.12 - Racetrack financial responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Approval of a race meeting by the
				  Commission does not establish the Commission as the insurer or guarantor of the
				  safety of any participant or the physical condition of the racetrack facilities
				  or the purse of any race.
(b) A
				  licensed racing entity shall agree to indemnify, save and hold harmless the
				  Commission from any liability, if any, arising from unsafe conditions of the
				  racetrack grounds or in the default in payment of purses.
(c) If requested, a licensed racing entity
				  shall provide to the Commission a copy of a certificate of liability
				  insurance.
(d) A licensed racing
				  entity and its managing officers shall ensure that all purse moneys,
				  disbursements and appropriate nomination race moneys are available to make
				  timely distribution in accordance with the act, Commission rules, licensed
				  racing entity rules and race conditions.
(e) In accordance with section 9334 of the
				  act (relating to State Racing Fund and tax rate) and the laws of the
				  Commonwealth, a licensed racing entity and its managing officers shall pay to
				  the Department of Revenue all necessary and proper taxes due. Upon request by
				  the Commission, the license racing entity shall provide copies of the records
				  of the payments.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.13 - Books and records of pari-mutuel wagering

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every licensed racing entity that
				  conducts a horse race meeting at which pari-mutuel wagering is authorized shall
				  maintain books and records that clearly show, by separate record, the total
				  amount of money contributed to every pari-mutuel pool. The Commission and the
				  Department of Revenue or their authorized representatives shall have access to
				  examine all books and records and ascertain whether the proper amount due to
				  the Commonwealth is being paid by the licensed racing entity.
(b) The Commission may require periodic
				  audits to determine that the licensed racing entity has funds available to meet
				  those distributions for the purposes required by the act, Commission rules, the
				  conditions of the race meeting and the obligations incurred in the daily
				  operations of the race meeting. In its audit reports to the Commission, the
				  licensed racing entity shall include file a copy of all tax returns, a balance
				  sheet and a profit and loss statement. The confidentiality of the audits and
				  reports may be the subject of a request for confidentiality as set forth in the
				  Commission's regulations.
(c) The
				  Commission may request that a licensed racing entity file an unaudited balance
				  sheet and profit and loss statement. Those submissions must be in a format
				  which conforms with the requirements set out in the licensed racing entity's
				  license application.
(d) An
				  association shall file an annual audit with the Commission within the time
				  period prescribed by the Commission. The Commission, upon good cause shown, may
				  extend the time for filing. These annual audit reports shall include all
				  operations for the calendar or fiscal year of the licensed racing entity and
				  shall be:
(1) Verified under oath by at least
				  two of the principal officers of the association.
(2) Submitted by persons preparing the
				  reports.
(3) Separate records of
				  each bank reconciliation must be maintained by the association in a manner
				  which will clearly indicate all reconciling items between the balance per the
				  bank statement and the balance per the books of the association at the date of
				  reconciliation.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.14 - Bond or letter of credit requirements

Current through Register Vol. 54, No. 28, July 13, 2024
If applicable or required under section 9345 or section
					 9346 of the act (relating to commingling; and Standardbred horse racing purse
					 money), a licensed racing entity shall file with the Commission a bond or
					 letter of credit payable to the Commission for an amount determined by the
					 provisions of the act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.15 - Filing of certain agreements with Commission

Current through Register Vol. 54, No. 28, July 13, 2024
At the request of the Commission, a licensed racing entity
					 shall promptly file with the Commission any purchase or change of ownership
					 agreements, live racing agreements, or SPMO, racing vendor agreements or any
					 other contract or agreement as the Commission may determine. In the event
					 approval of the agreement is not obtained by the licensed racing entity prior
					 to its execution, the agreement shall contain an express provision which states
					 that the agreement will not be operative unless approved by the
					 Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.16 - Horse entries prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
No director, officer, principle or employee of the licensed
					 racing entity engaged in the active management of the racetrack facility or
					 member of that person's immediate family, shall race or permit or cause to be
					 raced any horse in which that person has either direct or indirect interest, at
					 any meeting conducted by that licensed racing entity.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.17 - Fines and penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
The Commission may impose administrative fines
				  upon any licensed or unlicensed racing entity, association or person
				  participating in horse racing at which pari-mutuel wagering is conducted, other
				  than as a patron, for a violation of any provision of this chapter or rule or
				  regulation of the Commission, not exceeding $10,000 for each violation. Each
				  day may be considered a separate violation. Fines shall be deposited in the
				  State Racing Fund and may be appropriated for the enforcement of this
				  chapter.
(b)
Interests.
(1) No owner,
				  officer or employee of a licensed racing entity or their immediate family shall
				  have any direct or indirect interest in a race horse that is participating in a
				  horse race meeting at which the person or relative listed under this paragraph
				  holds any interest in the licensed racing entity conducting the horse race
				  meeting or in the racetrack facility.
(2) The Commission may impose a fine upon any
				  person for a violation of this subsection in accordance with subsection
				  (a).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.18 - Searches within track premises

Current through Register Vol. 54, No. 28, July 13, 2024
To assist in detection of illegal pari-mutuel betting by
					 racing personnel, effectively prevent the use of improper racing devices,
					 restrict the possession of dangerous weapons on racing premises, control the
					 expanded traffic in unlawful drugs and drug related paraphernalia, maintain
					 proper and adequate supervision of racing and enforce the laws of the
					 Commonwealth, the Commission or its representatives, shall have the right and
					 privilege to conduct a search within the areas of the track premises which any
					 owner, trainer, driver, groom, vendor of racing equipment and service or other
					 licensee acting in their behalf, may occupy and to control including all
					 personal property and effects and as a result of the search, the Commission or
					 its representatives, shall have the power and authority to seize an article,
					 within the areas, which may be forbidden or be in violation of the rules and
					 regulations of the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › Section 181.19 - Commission office space

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed racing entity shall provide adequate office and
					 administrative space for the use of the Judges, Stewards and other Commission
					 personnel as required by the Commission. The location and size of the office
					 space, furnishings and equipment required under this section must be approved
					 by the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › ANNUAL OR PRE-MEET SUBMISSIONS › Section 181.21 - Submission of information to the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the beginning of each meeting or at
					 any other time as requested by the Commission, every licensed racing entity
					 shall furnish the following information to the Commission:
(1) The current name and experience of the
					 licensed racing entity's management employees and racing officials;
(2) Racetrack facility maintenance
					 records;
(3) A report and
					 certificate by a duly licensed civil engineer, land surveyor or other racetrack
					 consultant that the racetrack has been properly measured from wire to
					 wire;
(4) A report and certificate
					 by a duly licensed civil engineer, land surveyor or other racetrack consultant
					 evidencing the accurate measurement and survey of the turns of the racetrack
					 oval;
(5) Detailed information
					 regarding the racetrack's surface, materials and depth, maintenance records and
					 information relating to the drainage system for the racetrack;
(6) The design and construction of the
					 pylons, including the use of the lightening lane or the removal of the pylons
					 must be approved by the Commission;
(7) Names of the racetrack personnel hired to
					 maintain the track surface and a list of the necessary equipment, including any
					 back-up equipment for maintaining the track surface.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › RACETRACK FACILITIES-STANDARDBRED › Section 181.31 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 licensed racing entity shall ensure that the public areas of the racetrack
					 grounds are designed and maintained for the comfort and safety of the patrons
					 and licensees and are accessible to all persons with disabilities as required
					 by law.
(b) The licensed racing
					 entity shall provide and maintain adequate restroom facilities for the patrons
					 and licensees.
(c) The licensed
					 racing entity shall provide an adequate supply of free drinking
					 water.
(d) The licensed racing
					 entity shall maintain all facilities on the racetrack grounds to ensure the
					 safety and cleanliness of the facilities at all times.
(e) The licensed racing entity shall ensure
					 the surface of the racetrack is designed, constructed and maintained to provide
					 for the safety of the drivers and horses.
(f) The licensed racing entity shall maintain
					 sufficient and adequate equipment and competent personnel for the purpose of
					 continued maintenance of the racetrack surface and plant grounds and
					 facility.
(g) During a race
					 performance, the licensed racing entity shall also provide:
(1) A first aid room equipped with at least
					 two beds and other appropriate equipment; and
(2) The services of at least one physician, a
					 nurse practitioner or paramedic.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › RACETRACK FACILITIES-STANDARDBRED › Section 181.32 - Judges' stand

Current through Register Vol. 54, No. 28, July 13, 2024
The licensed racing entity shall provide adequate stands
						and facility for the Judges and, as required, other officials to have a clear
						view of the racetrack. The location and design of the stands shall be reviewed
						and approved by the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › RACETRACK FACILITIES-STANDARDBRED › Section 181.33 - Audio and visual equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensed racing entity shall provide
					 and maintain in good working order a communication system between the
					 following:
(1) Judges' stand;
(2) Racing office;
(3) Tote room;
(4) Paddock;
(5) Test barn;
(6) Starting gate;
(7) Video camera locations;
(8) Commission Veterinarian;
(9) Track announcer;
(10) Location of the ambulances (equine and
					 human); and
(11) Commission track
					 office and other locations and persons designated by the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart B - Licensing › Chapter 181 - LICENSED RACING ENTITIES-TEMPORARY REGULATIONS › RACETRACK FACILITIES-STANDARDBRED › Section 181.34 - Photo finish

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensed
					 racing entity shall provide an electronic photo finish device with mirror image
					 to photograph the finish of each race and record the time of each horse in at
					 least fifths of a second. The location and operation of the photo finish
					 devices must be approved by the Commission before its first use in a race or in
					 the meet.
(b) The licensed racing
					 entity shall promptly post a photograph of each photo finish for win, place or
					 show in an area accessible to the public.
(c) The licensed racing entity shall ensure
					 that the photo finish devices are calibrated before the first day of each race
					 meeting and at other times as required by the Commission.
(d) On request by the Commission, the
					 licensed racing entity shall provide, without cost, a print from a negative of
					 a photo finish to the Commission. Photo finish negatives of each race shall be
					 maintained by the association for not less than 6 months after the end of the
					 race meeting or another period as may be requested by the Judges or the
					 Commission.