Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.180 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All
					 applications for continuance made prior to the hearing shall be in writing,
					 shall set forth the reasons therefor, and shall be filed with the Commission
					 following prior notice to all parties or their attorneys. The Commission may
					 require the party applying for a continuance to substantiate the reasons
					 therefor.
(b) When application is
					 made for continuance because of the illness of a party, witness, or counsel,
					 the Commission shall have the right to a medical certificate attesting to such
					 illness and inability to appear.
(c) An application for continuance of any
					 Commission must be received by the Commission in Harrisburg, Pennsylvania at
					 least 96 hours prior to the time fixed for hearing. Applications received
					 within the 96-hour period may be conditioned as the Commission may deem
					 appropriate upon a satisfactory arrangement for payment of all resulting
					 expenses. Payment of such expenses may be waived for extenuating
					 circumstances.
(d) All continued
					 hearings shall be promptly rescheduled.
(e) It shall be the responsibility of any
					 party securing a continuance to immediately insure that all other parties in
					 interest in the cause at issue are duly notified of the same and to promptly
					 file an affidavit of such timely notice.
(f) In the event any petitioner, respondent
					 or other moving party shall fail to appear at a hearing duly noticed,
					 scheduled, and convened without having secured a prior continuance in
					 accordance with this chapter: such party may by virtue of such default have his
					 license suspended forthwith. Upon application by the party in default and the
					 posting of a bond or other acceptable security, the Commission will lift the
					 suspension pending the outcome of the hearing. Should the party in default wish
					 not to post acceptable security he may request that the Commission continue the
					 suspension until such time as the matter is heard. Acceptable security shall be
					 defined as a bond, cashier's check or treasurer's check, certified check, or
					 other instrument which guarantees the availability of funds to cover security.
					 Should the party fail to appear for the second hearing, the acceptable security
					 shall be forfeited. The amount of the acceptable security shall be between zero
					 and $500, at the discretion of the Commission. If such party does appear at the
					 second hearing, the Commission may use the security funds, in whole or in part,
					 to reimburse itself for the expenses necessitated by this subsequent
					 hearing-whether for the payment of witnesses, stenographer, hearing officer, or
					 otherwise. The Commission may return the balance of the fund or the entire fund
					 to the provider of the fund, as the Commission deems appropriate.
The provisions of this §
													165.180 issued under the Race
						  Horse Industry Reform Act (4 P. S. §§
														325.101-325.402).