reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 175 - BUREAU OF STANDARDBRED HORSE RACING-TEMPORARY REGULATIONS › Section 175.3 - Powers and duties of the Bureau Director

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Bureau Director shall have the
				  following powers and duties:
(1) Evaluate,
				  review and issue all applicants and applications for a Standardbred horse
				  racing license in accordance with the standards set forth in the act. The
				  Bureau Director shall be prohibited from disclosing any portion of an
				  investigation or evaluation of an applicant to a Commissioner prior to the
				  decision relating to the applicant's suitability for licensure if that
				  determination is to be rendered by the Commission.
(2) Inspect and monitor licensees and other
				  persons regulated under this part for noncriminal violations, including
				  potential violations of racing referred to the Bureau Director and the bureau
				  by the Commission or any other person.
(3) Monitor horse racing operations and
				  racing activities by all licensees to ensure compliance with the act and these
				  regulations.
(4) Inspect, review,
				  examine and investigate licensees, including the physical spaces and facilities
				  in which licensees engage in racing activities, including stalls, barns,
				  administrative offices, front-side, and back-side areas of the licensed racing
				  facility and racetrack enclosure.
(i) The
				  Bureau Director's powers and duties may include the review and reproduction of
				  any document or record.
(ii)
				  Examinations may include the review of accounting, administrative and financial
				  records, management control systems, procedures and other records.
(5) Refer possible criminal
				  violations to law enforcement entities.
(6) Cooperate in the investigation and
				  prosecution of any criminal violation by criminal law enforcement
				  entities.
(7) Begin any racing
				  related investigation as deemed necessary and appropriate under the general
				  jurisdiction of the Commission.
(8)
				  Implement, with the approval of the Commission and publication in the
Pennsylvania Bulletin
, a complete racing penalty matrix to be
				  utilized by the Bureau Director, the Board of Judges or the Commission for
				  violations of the rules of racing and administrative regulations.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 175 - BUREAU OF STANDARDBRED HORSE RACING-TEMPORARY REGULATIONS › Section 175.4 - Subpoena powers

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 9311(d)(3) of the act (relating to State
					 Horse Racing Commission), the Bureau Director or designee, shall have the
					 authority to issue administrative or documentary subpoenas to compel the
					 attendance of witnesses and production of all relevant and material reports,
					 books, papers, documents, correspondence and other evidence related to
					 regulation and enforcement of horse racing matters under the act and these
					 regulations. The procedures for the issuance and enforcement of subpoena powers
					 are governed by Chapter 179 (relating to Rules of Administrative Practice and
					 Procedure-temporary regulations).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 175 - BUREAU OF STANDARDBRED HORSE RACING-TEMPORARY REGULATIONS › Section 175.5 - Date of filing appeals

Current through Register Vol. 54, No. 28, July 13, 2024
Appeals from the actions or rulings of the Board of Judges
					 shall be prepared and filed with the Bureau Director in accordance the
					 provisions set forth in §
										§
										179.3 and
					 179.7 (relating to filings and
					 appeals; and request for hearing by applicant or licensee). The date of filing
					 of an appeal requesting a hearing shall be the date the written petition or
					 request was physically received and date-stamped in the Executive Offices of
					 the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 175 - BUREAU OF STANDARDBRED HORSE RACING-TEMPORARY REGULATIONS › Section 175.6 - Contents of petition for stay

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the provisions of §
										179.7 (relating to request for
				  hearing by applicant or licensee), a party seeking a stay of an underlying
				  ruling or determination by the Board of Judges or other Commission staff shall
				  comply with the following:
(1) A petition for
				  a stay must be in writing, contain numbered paragraphs and must plead facts
				  with particularity and be supported by affidavits and specific evidence of
				  those facts.
(2) A petition for
				  stay must state with particularity the citations of legal authority the
				  petitioner believes form the basis for the grant of a stay.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 175 - BUREAU OF STANDARDBRED HORSE RACING-TEMPORARY REGULATIONS › Section 175.7 - Circumstances affecting grant or denial

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Bureau Director, in granting or
				  denying a stay, will be guided by prevailing case law and precedent. The
				  factors to be weighed include the following:
(1) The applicant is likely to prevail at the
				  ultimate hearing on the merits;
(2)
				  The applicant will sustain irreparable harm without the stay;
(3) The issuance of the stay will not
				  substantially harm other interested parties in the proceedings.
(4) The issuance of a stay will not adversely
				  affect the public interest.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 175 - BUREAU OF STANDARDBRED HORSE RACING-TEMPORARY REGULATIONS › Section 175.8 - Waiver of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
A hearing need not be held if any of the following
					 occurs:
(1) The appellant waives the
				  right to a hearing and elects to proceed under the alternative procedures
				  governing documentary hearings as set forth in Subchapter E (relating to
				  documentary hearings).
(2) The
				  appellant enters into a negotiated resolution of the underlying ruling of the
				  Board of Judges with the Bureau Director.
(3) The Bureau Director determines, after
				  reviewing the appeal and/or stay documents, that there are no material facts in
				  dispute.
(4) Subsections (a)-(c)
				  supersede 1 Pa. Code §
										35.101 (relating to waiver of
				  hearing).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 177 - BUREAU OF THOROUGHBRED HORSE RACING-TEMPORARY REGULATIONS › Section 177.1 - Director of the Bureau of Thoroughbred Horse Racing

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission shall assign the Bureau Director duties and
					 responsibilities as required to fulfill the Commission's statutory obligations
					 under the act specifically related to the Thoroughbred industry. The Commission
					 may, by order, delegate certain duties and responsibilities to the Bureau
					 Director as the Commission determines necessary to discharge the day-to-day
					 licensing, enforcement and administrative operations of the
					 Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 177 - BUREAU OF THOROUGHBRED HORSE RACING-TEMPORARY REGULATIONS › Section 177.2 - Authority of the Bureau Director

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Bureau Director shall have authority to enter and issue the orders of the
				  Commission and to certify copies of papers and documents which are part of the
				  files or records of the Commission.
(b) The Bureau Director, in addition to the
				  powers set forth in this part, shall be responsible for the efficient and
				  orderly discharge of administrative matters including the keeping of Commission
				  records, annual reports, minutes of Commission meetings and the keeping of the
				  dockets, files and other records of the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 177 - BUREAU OF THOROUGHBRED HORSE RACING-TEMPORARY REGULATIONS › Section 177.3 - Powers and duties of the Bureau Director

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Bureau Director shall have the
				  following powers and duties:
(1) Evaluate,
				  review and issue all applicants and applications for a Thoroughbred horse
				  racing license in accordance with the standards set forth in the act. The
				  Bureau Director shall be prohibited from disclosing any portion of an
				  investigation or evaluation of an applicant to a Commissioner prior to the
				  decision relating to the applicant's suitability for licensure if that
				  determination is to be rendered the Commission.
(2) Inspect and monitor licensees and other
				  persons regulated under this part for noncriminal violations, including
				  potential violations of racing referred to the bureau by the Commission or any
				  other person.
(3) Monitor horse
				  racing operations and racing activities by all licensees to ensure compliance
				  with the act and these regulations.
(4) Inspect, review, examine and investigate
				  licensees, including the physical spaces and facilities in which licensees
				  engages in racing activities, including stalls, barns, administrative offices,
				  front-side and back-side areas of the licensed racing facility and racetrack
				  enclosure.
(i) The Bureau Director's powers
				  and duties may include the review and reproduction of any document or
				  record.
(ii) Examinations may
				  include the review of accounting, administrative and financial records,
				  management control systems, procedures and other records.
(5) Refer possible criminal violations to law
				  enforcement entities.
(6) Cooperate
				  in the investigation and prosecution of any criminal violation by criminal law
				  enforcement entities.
(7) Begin any
				  racing related investigation as deemed necessary and appropriate under the
				  general jurisdiction of the Commission.
(8) Implement, with the approval of the
				  Commission and publication in the
Pennsylvania Bulletin
, a
				  complete racing penalty matrix to be utilized by the Director, the Board of
				  Judges or the Commission for violations of the rules of racing and
				  administrative regulations.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 177 - BUREAU OF THOROUGHBRED HORSE RACING-TEMPORARY REGULATIONS › Section 177.4 - Subpoena powers

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 9311(d)(3) of the act (relating to State
					 Horse Racing Commission), the Bureau Director or designee, shall have the
					 authority to issue administrative or documentary subpoenas to compel the
					 attendance of witnesses and production of all relevant and material reports,
					 books, papers, documents, correspondence and other evidence related to
					 regulation and enforcement of horse racing matters under the act and these
					 regulations. The procedures for the issuance and enforcement of subpoena powers
					 are governed by Chapter 179 (relating to Rules of Administrative Practice and
					 Procedure-temporary regulations).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 177 - BUREAU OF THOROUGHBRED HORSE RACING-TEMPORARY REGULATIONS › Section 177.5 - Date of filing appeals

Current through Register Vol. 54, No. 28, July 13, 2024
Appeals from the actions or rulings of the Board of
					 Stewards shall be prepared and filed with the Bureau Director in accordance the
					 provisions set forth in §
										§
										179.3 and
					 179.7 (relating to filings and
					 appeals; and request for hearing by applicant or licensee). The date of filing
					 of an appeal or request for hearing shall be the date the written petition or
					 request was physically received and date-stamped in the Executive Offices of
					 the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 177 - BUREAU OF THOROUGHBRED HORSE RACING-TEMPORARY REGULATIONS › Section 177.6 - Contents of petition for stay

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the provisions of §
										179.7 (relating to request for
				  hearing by applicant or licensee), a party seeking a stay of an underlying
				  ruling or determination by the Board of Stewards or other Commission staff
				  shall comply with the following:
(1) A
				  petition for a stay must be in writing, contain numbered paragraphs and must
				  plead facts with particularity and be supported by affidavits and specific
				  evidence of those facts.
(2) A
				  petition for stay must state with particularity the citations of legal
				  authority the petitioner believes form the basis for the grant of a
				  stay.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 177 - BUREAU OF THOROUGHBRED HORSE RACING-TEMPORARY REGULATIONS › Section 177.7 - Circumstances affecting grant or denial

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Bureau Director, in granting or
				  denying a stay, will be guided by prevailing case law and precedent. The
				  factors to be weighed include the following:
(1) The applicant is likely to prevail at the
				  ultimate hearing on the merits;
(2)
				  The applicant will sustain irreparable harm without the stay;
(3) The issuance of the stay will not
				  substantially harm other interested parties in the proceedings;
(4) The issuance of a stay will not adversely
				  affect the public interest.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 177 - BUREAU OF THOROUGHBRED HORSE RACING-TEMPORARY REGULATIONS › Section 177.8 - Waiver of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
A hearing need not be held if any of the following
					 occurs:
(1) The appellant waives the
				  right to a hearing and elects to proceed under the alternative procedures
				  governing documentary hearings set forth in Subchapter E (relating to
				  documentary hearings).
(2) The
				  appellant enters in a negotiated resolution of the underlying ruling of the
				  Board of Stewards with the Bureau Director.
(3) The Bureau Director determines, after
				  reviewing the appeal and/or stay documents, that there are no material facts in
				  dispute.
(4) Subsections (a)-(c)
				  supersede 1 Pa. Code §
										35.101 (relating to waiver of
				  hearing).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.1 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter governs the practice and procedure before
						the Commission, its Bureau Directors or other Commission staff authorized to
						take necessary and appropriate licensing action and is intended to supersede
						specific provisions of 1 Pa. Code Part II (relating to General Rules of
						Administrative Practice and Procedure).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.3 - Filings and appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Initial Appeals.
Appeals from an action of the Judges or
					 Stewards, Bureau Directors or other Commission staff, must comply with the
					 provisions set forth in §
											179.7 (relating to request for
					 hearing by applicant or licensee), within the prescribed 10-day time period for
					 appeals and must be physically received and date-stamped by the Commission's
					 Executive Office by first-class mail or in person at:
State Horse Racing Commission Docket Clerk Department of
						Agriculture Building Room 301 2301 North Cameron Street Harrisburg, PA
						17110
(1) Whether an appeal is
					 considered timely shall be determined by the date of receipt by the Commission
					 at the previous address and not the date of deposit in the mail
					 system.
(2) No initial appeals
					 shall be accepted by e-mail or facsimile.
(3) The Commission or the Bureau Directors
					 may order redundant, immaterial, impertinent or scandalous matters stricken
					 from documents filed with it.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.4 - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 computing a period of time prescribed or allowed by the act or this part, the
					 day of the event or default after which the designated period of time begins to
					 run is not included. The last day of the period is included, unless it is
					 Saturday, Sunday or a legal holiday in this Commonwealth, in which case the
					 period shall run until the end of the next day which is neither a Saturday,
					 Sunday or holiday. Intermediate Saturdays, Sundays and legal holidays shall be
					 included in the computation.
(b)
					 Subsection (a) supersedes 1 Pa. Code §
											31.12 (relating to computation of
					 time).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.5 - Investigation and special procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission, its Bureau Directors or
					 Commission staff shall have the right at any time to initiate, conduct and
					 convene investigatory meetings, interviews or hearings as deemed necessary and
					 appropriate to oversee and regulate the proper administration of the act and
					 the horse racing industry. Notice of the general scope of the inquiry or
					 investigation may be given to the person(s) in the investigatory meetings,
					 interviews or hearings, if disclosure will not compromise the investigative
					 process.
(b) Except for racing
					 disqualifications and non-disqualifications matters, the Commission shall have
					 the right to supersede the decisions or rulings of the Bureau Directors, its
					 Judges or Stewards or other Commission staff at any time either, upon its own
					 motion or upon written request. The action may be upon an interim or final
					 basis and the Commission may make a partial adjudication and remand the
					 remaining issues to the Bureau Directors, Judges, Stewards and Commission staff
					 or the Commission may assume full and complete jurisdiction for all further
					 purposes as it alone may deem appropriate and necessary.
(c) Where administrative action is to be
					 taken on a license application, or a previously issued license, the Commission,
					 the Bureau Directors, or Commission staff, may take the necessary action either
					 without a prior hearing being conducted under §
											179.6 (relating to Commission
					 action without prior hearing) or with a prior hearing being conducted under
					 §
											179.7 (relating to request for
					 hearing by applicant or licensee).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.6 - Commission action without prior hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
New License.
When an
					 application for an occupational license is to be refused by the Bureau
					 Director(s) or Commission staff, the same may be done without prior hearing.
					 Notice of the denial and the specific grounds for the denial, as set forth in
					 section 9323(g) and (g.1) of the act (relating to occupational licenses for
					 individuals), shall be given to the applicant or applicant's attorney, if
					 applicable, at the address set forth in the license application.
(b)
Temporary License.
When
					 a temporary license is to be suspended or revoked by the Bureau Director(s) or
					 Commission staff, after issuance, the same may be done without a prior hearing,
					 provided that the temporary license holder is given notice of the decision
					 immediately and the licensee may demand, within 10 days of the notice, either
					 an oral hearing to be conducted before the Judges/Stewards or a documentary
					 hearing before the specific Bureau Director in accordance with provisions of
					 Subchapter E (relating to documentary hearings).
(c)
Conditional License.
When a licensee, who has entered into a conditional license agreement with the
					 Commission, has engaged in behavior or conduct which is expressly prohibited by
					 the agreement and is of a nature that would warrant an immediate suspension or
					 revocation, the Commission or its Bureau Director shall issue a Rule to Show
					 Cause to the licensee.
(1) Within 10 days
					 from the date of service of the Rule to Show Cause, the person against whom it
					 is directed shall file a verified answer responding to the allegations, showing
					 good cause why the occupational license should not be immediately suspended or
					 revoked based solely upon the provisions of the fully executed conditional
					 license agreement and setting forth whether a hearing is desired.
(2) Averments set forth in the Rule to Show
					 Cause, which are not specifically denied by way of verified answer shall be
					 deemed to have been admitted. Failure to file a proper and timely answer shall
					 constitute a sufficient basis for the entry of a default order.
(3) If the matter proceeds to a hearing on
					 the Rule to Show Cause, the Commission or duly appointed presiding officer will
					 issue a written adjudication and order solely based upon the 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 A - GENERAL PROVISIONS › Section 179.7 - Request for hearing by applicant or licensee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Request for hearing.
A
					 person aggrieved by actions taken by the Bureau Directors, Commission staff
					 without a prior hearing or the actions of the Board of Judges or Board of
					 Stewards, may appeal the action to the Commission. The appeal and request for a
					 hearing must be made in writing to the respective Bureau Director and must be
					 filed in accordance with the provisions of §
											179.3(a) (relating
					 to filings and appeals). A request for a hearing not properly filed shall be
					 denied.
(1) The written request shall be sworn
					 to before a notary public and shall set forth in numbered paragraphs a concise
					 statement of all the factual and legal grounds upon which the hearing is
					 requested.
(2) The hearing, if
					 granted, shall be limited to matters or issues expressly set forth in the
					 written appeal. All matters not expressly set forth in the initial appeal
					 request shall be deemed waived.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.8 - Commission original action with prior hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon receipt of a complaint filed under
					 §
											179.13 (relating to complaints and
					 other pleadings) or upon its independent investigation or any other information
					 the Commission may deem sufficient, the Commission may begin original action
					 against a licensee. Prior to the original action taking effect, the Commission
					 shall provide the licensee a written Notice of Violation and Proposed
					 Administrative Penalties setting forth the applicable violations of the rules
					 of racing, the applicable findings of fact and underlying administrative
					 authority. The Notice of Violation shall also inform the licensee of the
					 opportunity to request a hearing in the matter. A request for a hearing shall
					 comply with §
											179.7 (relating to request for
					 hearing by applicant or licensee).
(b) Where a hearing is to be scheduled under
					 any section of this chapter, the notice of hearing shall be served upon the
					 parties at least 10 days prior to the date of the hearing unless the
					 Commission, for cause stated, shall specify a lesser period, or the respondents
					 shall agree to a lesser period or another section of this chapter shall
					 explicitly provide for a hearing upon shorter notice. The notice of hearing
					 shall provide:
(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
					 definitiveness of the type of acts or practices alleged to be in violation of
					 the act or regulations promulgated thereunder.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.9 - Service by the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicability.
This section applies to service of an order,
					 notice, complaint or other similar document originating from the Commission,
					 except when the Commission specifically requires a different form of
					 service.
(b)
Forms of
					 Service.
(1)
Registered or
					 certified mail.
Service may be made by registered or certified mail,
					 return receipt requested, to the person to be served, addressed to the person
					 designated in the initial pleading, submittal or notice of appearance at the
					 person's residence, principal office or place of business.
(2)
First Class Mail.
If
					 time is of the essence, instead of registered or certified mail, service may be
					 made by regular first-class mail, postage prepaid, to the last known address
					 previously provided by the party to the Commission.
(3)
Personal.
Service may be
					 made personally by anyone authorized by the Commission. Service will be made by
					 personally delivering a copy:
(i) Directly to
					 the person named in the notice, pleading or order or to an attorney
					 representing said person.
(ii) At
					 the residence of the person named in the notice, pleading or order, or to an
					 adult member of the family with whom the person named resides. If no adult
					 member of the family is found, then to an adult person in charge of the
					 residence.
(iii) At the licensed
					 facility at which the person named is stabled, employed, licensed in connection
					 therewith or routinely participates in racing at the facility.
(4)
Trainer of
					 Record.
Service may be made upon the trainer of record as agent for
					 and on behalf of the owner of a horse, who shall be solely responsible to
					 notify the owner(s) of any notice, pleading or order. Service upon the trainer
					 of record shall be deemed adequate and reasonable notice to the listed
					 owner.
(5)
Service upon
					 attorneys.
When an attorney enters an appearance under §
												179.63 (relating to representation
					 before the Commission) service must be directed to the attorney in the same
					 manner as prescribed for the client. Service upon the attorney shall be deemed
					 service upon the party.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.10 - Subpoena powers and procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authority.
In accordance with the provisions of the act, the
					 Commission is vested with exclusive jurisdiction and authority to regulate the
					 horse-racing industry, including the operations of horse racing, the conduct of
					 pari-mutuel wagering activities and all licensed persons engaged in pari-mutuel
					 horse racing activities within this Commonwealth. A properly issued
					 investigatory or administrative subpoena issued under the authority of the act
					 is considered an order of the Commission and shall have the same effect of any
					 properly issued order, which may be enforced by the Commission by and through
					 the licensing and enforcement provisions set forth in section 9323 of the act
					 (relating to occupational licenses for individuals).
(b)
Investigatory Subpoena (Duces
					 Tecum).
To effectuate its statutory authority and in furtherance of
					 racing related investigations, the Commission, its Bureau Directors or
					 Commission staff, under section 9312(4) of the act (relating to additional
					 powers of commission), shall have the power to issue investigatory subpoenas
					 necessary for the inspection, investigation and proper review of suspected or
					 actual racing violations and other racing related matters.
(1) The production of documents, records,
					 books, financial records and other documentary information sought by the
					 investigatory subpoena shall be sufficiently limited in scope and purpose to
					 not be unreasonably burdensome and shall be related to the initiation of an
					 investigation or the furtherance of an ongoing investigation regarding
					 suspected or actual violations of the rules of racing and pari-mutuel racing
					 activities within this Commonwealth.
(2) Probable cause is not necessary for the
					 issuance of the investigatory subpoena.
(3) Investigatory subpoenas shall be served
					 in accordance with the provisions set forth in §
												179.9 (relating to service by the
					 Commission).
(4) The Commission,
					 Bureau Directors or Commission staff, in the course of an investigation or
					 racing matter, may conduct personal interviews of licensees and take written
					 witness statements under oath from the licensees. They may administer oaths,
					 take testimony and record the proceeding as necessary for the proper conduct of
					 the investigation.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.11 - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 computing a period of time involving the date of the issuance of a ruling or
					 order by the Commission, the Bureau Directors or other Commission staff
					 authorized to issue orders, the day of issuance of an order will be the date
					 the ruling or order is entered. An order will not be made public prior to its
					 entry, except when, in the Commission's judgment, the public interest so
					 requires. The date of entry of an order may or may not be the day of its
					 adoption by the Commission.
(b) The
					 date of issuance of an order shall be deemed to be the date of entry for the
					 purposes of computing the time for appeal under an applicable statute relating
					 to judicial review of Commission action.
(c) Subsections (a) and (b) supersede 1 Pa.
					 Code §
											31.13 (relating to issuance of
					 agency orders).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.12 - Extensions of time and continuances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Extensions of time will be governed by
					 the following:
(1) When an act is otherwise
					 required to be done at a specified time or within a specified time, the date or
					 period of time prescribed may be extended by the Commission, for good cause,
					 upon a motion made before expiration of the period originally prescribed. An
					 extension for time to comply with the specified time period after the
					 expiration date shall be at the sole discretion of the Commission.
(2) Written requests for an extension of time
					 in which to file motions, briefs or other pleadings within a proceeding shall
					 be filed at least 5 days before the time fixed for filing the documents unless
					 the Commission or presiding officer, for good cause shown allows a shorter
					 time. Concurrence or denial of extension of time shall be reported to the
					 presiding officer in the request.
(3) Requests for a continuance of a hearing
					 shall be made in writing at least 96 hours prior to the time fixed for hearing
					 to the presiding officer, specifically setting forth the facts upon which the
					 request for continuance rests. An application received by the presiding office
					 within the 96-hour period will not be granted, except upon extreme cause. A
					 verification of the facts shall accompany the written request for continuance.
					 No more than two continuances may be approved to any party.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.13 - Complaints and other pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Pleadings.
Only the following pleadings shall be permitted:
(1) Complaints.
(2) Petitions.
(3) Motions.
(4) Applications for licensure.
(5) Answers to pleadings.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.14 - Answers to complaints, petitions, motions and other filings requiring a response

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Answers to complaints, petitions, motions and other filings requiring a
					 response and are subject to a proceeding, shall be filed with the Commission or
					 its presiding officer, if applicable, and a copy shall be filed with the
					 Hearings and Appeals Docket Clerk and served upon all other parties within 30
					 days after the date of service of the complaint, petition, motion or other
					 pleading, unless a different time is prescribed elsewhere in the Commission's
					 regulations.
(b) Failure to file a
					 timely answer to a complaint or petition will constitute an admission of all
					 matters and facts contained in the filing and may result in the waiver of the
					 right to a hearing. This subsection shall not apply to petitions or motions
					 made to the Commission.
(c) Answers
					 may contain the following:
(1) Admissions of
					 the matter complained of and the alleged facts, in whole or in part.
(2) New matter or explanation by way of
					 defense.
(3) Legal
					 objections.
(4) Affirmative
					 defenses.
(5) A request for a
					 hearing.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.15 - Motions to protect confidential information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party or individual may designate
					 information as confidential under §
											173.8 (relating to confidential
					 information) in any papers filed with the Commission by filing a Motion to
					 Protect Confidential Information.
(b) A Motion to Protect Confidential
					 Information must:
(1) Set forth the specific
					 reasons why the information should be deemed to be confidential information
					 and, therefore, protected.
(2)
					 Label as confidential all documents or portions of documents in the filing
					 containing the confidential information that the party or individual is seeking
					 to protect.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.16 - Limited discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 ability to obtain discovery in an administrative proceeding before the
					 Commission or presiding officer is committed to the discretion of the
					 Commission or presiding officer and unless otherwise privileged or unavailable,
					 discovery may be granted but limited to the following:
(1) Production of documents previously
					 introduced at a Judges/Stewards hearing, if applicable.
(2) Production of documents or things to be
					 introduced at the proceeding or hearing, including a list of
					 witnesses.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.17 - Intervention

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
The decision to grant a petition to intervene in a
					 proceeding before the Commission or a presiding officer is within the sole
					 discretion of the Commission or presiding officer.
(b)
Petition.
Petitions to
					 intervene must be in writing and set forth, in numbered paragraphs, the
					 specific facts demonstrating the nature of the alleged right or interest of the
					 petitioner, the grounds for the proposed intervention and the position of the
					 petitioner in the proceeding. The petitioner shall fully advise the parties and
					 the Commission of the specific issues of fact or law to be raised or
					 controverted, by admitting, denying or otherwise answering, specifically and in
					 detail, each material allegation of fact or law asserted in the petition,
					 complaint or application initiating the proceeding and citing by appropriate
					 reference provisions or other authority relied upon. The petition to intervene
					 shall be filed with the Commission and served upon the named parties to the
					 underlying proceeding in accordance with §
											179.3 (relating to filings and
					 appeals).
(c)
Determination.
The Commission or the presiding officer, if
					 appointed, will issue a decision on the petition to intervene as soon as
					 practicable, after the expiration of the time for filing answers to the
					 petition, if it is determined that:
(1) The
					 person has an interest in the proceeding which is substantial, direct and
					 immediate.
(2) The interest is not
					 adequately represented by a party to the proceeding.
(3) The person may be bound by the action of
					 the Commission in the proceeding.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 179.18 - Offers of settlement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
					 the policy of the Commission to encourage settlements or resolutions of
					 underlying matters pending before the Bureau Directors, the Commission or a
					 presiding officer.
(b) Nothing
					 contained in this chapter shall preclude a party in a proceeding from
					 submitting, at any time, offers of settlement or proposals for resolution to
					 the Bureau Directors.
(c) If the
					 parties settle or resolve a matter prior to the issuance of a Commission
					 adjudication and order, the appellant shall submit a written withdrawal of the
					 appeal to the Hearings and Appeals Docket Clerk as set forth in §
											179.3 (relating to filings and
					 appeals) and Commission staff shall issue a modified ruling or order, as
					 applicable.
(d) Appeals withdrawn
					 and matters settled between the appellants and the Bureau Directors are final
					 and not appealable to the Commission.
(e) Offers of settlement, of adjustment or
					 resolution not agreed to by the parties, will not be admissible in evidence
					 against the party claiming the privilege.
(f) Subsections (a)-(e) supersede 1 Pa. Code
					 §
											35.115 (relating to offers of
					 settlement).
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 B - JUDGES AND STEWARDS HEARINGS › Section 179.21 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
					 governs the practice and procedures before the respective Board of Judges and
					 the Board of Stewards of the Commission.
(b) This subchapter shall be liberally
					 construed to secure the just, speedy and inexpensive determination of every
					 action or proceeding to which it is applicable. Judges and Stewards may
					 disregard an error or defect of procedure which does not affect the substantive
					 rights of the parties, especially when the proceeding is related to a pro se
					 licensee.
(c) This subchapter is
					 intended to supersede the applicability of 1 Pa. Code Part II (relating to
					 General Rules of Administrative Practice and Procedure) to practice and
					 procedures before the Judges/Stewards.
(d) Subsection (b) supersedes 1 Pa. Code
					 §
											31.2 (relating to liberal
					 construction).
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 B - JUDGES AND STEWARDS HEARINGS › Section 179.22 - General power of the Judges and Stewards

Current through Register Vol. 54, No. 28, July 13, 2024
The Board of Judges and the Board of Stewards shall have
						the power to enforce the breed-specific rules and procedures of Standardbred
						racing or Thoroughbred racing, and otherwise resolve conflicts, disputes and
						impose penalties for violations of the rules and regulations of the Commission.
						The Judges and Stewards, in the best interests of racing, shall also have the
						power and jurisdiction over racing matters which are not expressly covered by
						this chapter. In all cases, the Judges and Stewards shall render their
						respective determinations in accordance with the generally accepted customs and
						usages of racing in conformity with equitable standards of
						justice.
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 B - JUDGES AND STEWARDS HEARINGS › Section 179.23 - Jurisdiction of Judges and Stewards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Jurisdiction and powers of the Judges and
					 Stewards shall begin at the time when entries are taken for the first day of a
					 racing meeting and shall terminate with the completion of their official
					 business pertaining to the meeting. If a dispute or matter is unresolved at the
					 time of completion of the meet, it may be heard later or disposed of by other
					 Judges or Stewards or referred to the Commission. This section does not limit
					 the power of the Judges or Stewards to impose sanctions continuing beyond the
					 end of the race meeting. If there are succeeding meets at a racetrack facility,
					 the power of the Judges and Stewards is deemed to be continuing and
					 sustaining.
(b) On their own motion
					 or on receipt of a complaint from an official or other person regarding the
					 actions of a licensee, the Judges/Stewards may conduct a preliminary inquiry
					 into a suspected violation of the rules of racing, but thereafter, shall refer
					 the matter to Commission investigators for final investigation and disciplinary
					 proceedings.
(c) A matter coming
					 before the Judges or Stewards shall be decided within 15 days of the first
					 formal action taken thereon, unless continued by agreement of the Judges or
					 Stewards. No matter may be continued for more than an additional 15
					 days.
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 B - JUDGES AND STEWARDS HEARINGS › Section 179.24 - Rights of the licensee

Current through Register Vol. 54, No. 28, July 13, 2024
A person who is the subject of an evidentiary hearing
						conducted by the Judges or Stewards is entitled to proper notice of all
						charges, entitled to confront the evidence presented at the hearing and shall
						be afforded the following:
(1) The
					 right to counsel at the person's expense;
(2) The right to examine all evidence to be
					 presented against him/her;
(3) The
					 right to present a defense;
(4) The
					 right to call witnesses;
(5) The
					 right to cross examine witnesses; and
(6) The right to waive any of the previous
					 rights.