reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter E - PARI-MUTUEL WAGERING › Section 165.127 - Odds board

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee shall provide a sign, approved by the Commission
					 upon which shall be displayed, the approximate straight odds on each horse in a
					 race, the value of a $2 winning mutuel ticket, straight, place or show on the
					 first three horses in the race; the elapsed time of the race; the value of a $2
					 winning daily double ticket; the total amount wagered on each horse and each
					 pool and other information that the Commission may deem
					 necessary.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter F - ADMISSION OF HORSES TO PARI-MUTUEL RACING PLANTS › Section 165.141 - Admission of horses to pari-mutuel racing plants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A horse that has not been stabled at
				  approved stabling facilities or vanned interstate may not be admitted to the
				  premises of a pari-mutuel racing plant under the jurisdiction of the Commission
				  unless a health certificate is presented when admission to the premises is
				  sought. The certificate shall state the following regarding the health and
				  physical condition of the horse:
(1) The
				  horse was examined thoroughly within a 7-day period preceding the date
				  admission is sought.
(2) The horse
				  was free of an evidence of infectious, contagious or transmissible disease and
				  was afebrile at the time of the examination.
(3) The horse was free of ectoparasites at
				  the time of the examination.
(4)
				  The horse has not, within the past 2 weeks, been exposed to other horses with
				  known infectious, contagious or transmissible diseases.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter G - TAXES AND INSURANCE › Section 165.151 - State admission tax

Current through Register Vol. 54, No. 28, July 13, 2024
A corporation holding a thoroughbred horse race meeting
					 shall collect, in addition to the admission price of tickets sold or otherwise
					 disposed of, a tax equivalent to 15% of such admission price, or 15¢,
					 whichever is greater. Failure to collect such tax shall result in a tax
					 imposition thereof upon such corporation. The tax shall be paid to the
					 Department of Revenue within ten days of collection. Before any corporation
					 shall hold any racing meeting, it shall pay all taxes theretofore due and shall
					 file a statement with the Department of Revenue, as well as with the
					 Commission, containing the name of the place and stating the time when such
					 races are to be held. A penalty of 5% and interest at the rate of 1% per month
					 from the due date to the date of payment of the tax shall be payable whenever
					 the tax is not paid when due.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter G - TAXES AND INSURANCE › Section 165.152 - Tax on wagering

Current through Register Vol. 54, No. 28, July 13, 2024
At the close of each racing day, the corporation authorized
					 to conduct a thoroughbred horse race meeting with pari-mutuel wagering, out of
					 the amount retained on said day by said corporation, shall pay, through the
					 Department of Revenue into the State Treasury for credit to the State Horse
					 Racing Fund, a tax of 5% of the amount wagered each day.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter G - TAXES AND INSURANCE › Section 165.153 - Breakage

Current through Register Vol. 54, No. 28, July 13, 2024
At the close of each racing day, the corporation shall pay,
					 through the Department of Revenue, a tax of 50% of the total sum of odd cents
					 retained as the result of all redistributions made on all mutuel contributions,
					 exceeding a sum equal to the next lowest multiple of 10¢. In the event a
					 minus pool exists in any race, the corporation licensed shall be permitted to
					 utilize all breakage moneys accumulated during the racing day for the purpose
					 of making payment of wagers made for that race. Under these circumstances
					 breakage is defined as the total gross amount of odd cents retained from all
					 pools, reduced by the amount of minus break.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter G - TAXES AND INSURANCE › Section 165.154 - Books and records

Current through Register Vol. 54, No. 28, July 13, 2024
Every corporation licensed shall keep its books and records
					 so as to clearly show by separate record the total amount of money distributed
					 to every pari-mutuel pool, including Daily Double pools, if any. The Commission
					 and the Department of Revenue or their duly authorized representative shall, at
					 all reasonable times, have access to all such books and
					 records.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter G - TAXES AND INSURANCE › Section 165.155 - Workmen's Compensation

Current through Register Vol. 54, No. 28, July 13, 2024
Every corporation licensed, owner, jockey, or trainer who
					 employs or hires any person or persons required by the laws of the Commonwealth
					 to be covered by Workmen's Compensation shall furnish proof satisfactory to the
					 Commission that such corporation, owner, jockey, or trainer has adequate
					 Workmen's Compensation Insurance in Pennsylvania. No person who employs or
					 hires any other persons required by the laws of the Commonwealth of
					 Pennsylvania to be covered by Workmen's Compensation shall be licensed, unless
					 said person is carrying adequate Workmen's Compensation Insurance. Any licensee
					 who fails to comply with such laws and with this section, shall suffer the
					 penalties imposed by the laws and by these rules and
					 regulations.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter G - TAXES AND INSURANCE › Section 165.156 - Liability insurance

Current through Register Vol. 54, No. 28, July 13, 2024
Every corporation licensed shall obtain and maintain
					 adequate liability insurance for the purpose of covering patrons, invitees, and
					 other persons lawfully upon its grounds and shall file a certificate to such
					 effect with the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.171 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
					 words and terms, when used in this subchapter, have the following meanings,
					 unless the context clearly indicates otherwise:
Adjudication
-A final order, decree,
						decision, determination or ruling by the Commission affecting the rights,
						privileges, immunities or obligations of a licensee.
Charge
-An allegation in a citation of
						specific illegal or unethical conduct on the part of a licensee under the
						provisions of a statute or the rules and regulations promulgated by the
						Commission.
Citation
-A notice of the time and place
						of a hearing and a formal listing of any specific charges against a
						licensee.
Commission
-The State Horse Racing
						Commission.
Complaint
-A written statement of facts
						under oath submitted by a person which accuses the licensee of a violation of
						statute or of the rules and regulations promulgated by the Commission.
Information
-Data indicating a violation
						of statute or of rules and regulations promulgated by the Commission which are
						collected by or presented to the Commission.
Licensee
-A person holding a license
						issued by the Commission.
Party
-The term includes the
						Commonwealth, the Commission, an applicant who is refused a license, a licensee
						whose license is suspended or revoked or a person designated in a citation as a
						respondent.
Person
-The term includes an individual
						or organized group or a character including partnerships, corporations or other
						forms of association.
(b) As
					 used herein, the singular shall denote the plural and the plural, the singular.
					 Words used in one gender or tense shall include all genders and
					 tenses.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.172 - Papers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Original papers
					 pertaining to a proceeding instituted before or appealed to the Commission
					 shall be permanently kept at the executive office of the Commission at
					 Harrisburg, Pennsylvania.
(b)
					 Access to the papers and records shall be governed by
					 45
					 P. S. §§
												1101-1611, known as the
					 Commonwealth Documents Law.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.173 - Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Complaints,
					 appeals, affidavits, petitions, motions and other formal papers shall be filed
					 with the Commission at its executive offices in Harrisburg,
					 Pennsylvania.
(b) The same shall be
					 legible and in paragraph form and shall contain all principal allegations of
					 fact and rules or issues of law believed to be relevant. Complaints, appeals,
					 original petitions or similar motions shall be sworn to by the
					 applicant.
This section cited in 58 Pa. Code §
													165.177 (relating to refusal,
						  suspension, or revocation of license with prior
						  hearing).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.174 - Suspension or revocation

Current through Register Vol. 54, No. 28, July 13, 2024
Where a license is to be suspended or revoked, the
						Commission may either suspend or revoke such license without a prior hearing
						after which the licensee whose license has been suspended or revoked may upon
						timely notice demand a hearing thereon in accordance with section 20 of the
						Horse Racing Act (15 P. S. §
												2670) or the
						Commission may conduct a hearing prior to its making a decision on the issue of
						suspending or revoking a license.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.176 - Hearing on demand of applicant or licensee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the event a hearing is requested under
					 §
											165.175 (relating to action
					 without prior hearing) and the decision made does not finally dispose of all
					 privileges claimed, a final hearing shall automatically be scheduled before the
					 Commission.
(b) In the event no
					 hearing is requested on temporary denial, suspension, or revocation, an
					 affected applicant or licensee shall in any event have the privilege of
					 requesting a final hearing before the Commission. Application therefor must be
					 made in writing with the Executive Office of the Commission. Such notice shall
					 set forth a concise statement of all grounds upon which a hearing is requested
					 and shall state that a hearing is demanded not for reasons of delay but because
					 the applicant truly believes an injustice has been done. Such application must
					 be duly sworn to in all respects.
(c) A demand for hearing, in order to be
					 considered timely, must be received in the office of the Commission,
					 Harrisburg, Pennsylvania, no later than the tenth day after the application for
					 a license has been refused or a license has been suspended or revoked. The ten
					 days shall commence on the day that notification of such refusal, suspension,
					 or revocation is served.
(d) The
					 preliminary determination to refuse, suspend, or revoke a license shall remain
					 in full force and effect pending the final determination on the hearing
					 demanded. The Commission may, however, for cause shown and provided that
					 sufficient facts are presented by affidavit to warrant such action, grant a
					 supersedeas until the final determination of the Commission.
(e) The determination to refuse, suspend, or
					 revoke a license shall remain in full force and effect pending the final
					 determination of the hearing demanded. The Commission may however for cause
					 shown and provided that sufficient facts are presented by affidavit to warrant
					 such action, grant a
supersedeas
until the final determination
					 of the Commission. Applications for a
supersedeas
must be made
					 in writing, sworn to by the applicant and must set forth pertinent facts
					 showing that the applicant will sustain irreparable harm, that there is no
					 reasonable basis for the ruling or order complained of and showing that the
					 applicant is likely to prevail at the ultimate hearing on the merits. Such
					 applications must be filed in the same manner as complaints. The grant or
					 disallowance of such applications shall be in the reasonable discretion of the
					 Commission or of that officer to whose discretion the application is
					 delegated.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.177 - Refusal, suspension, or revocation of license with prior hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon receipt of
					 a complaint filed under §
											165.173 (relating to complaints),
					 or upon any other information the Commission may deem sufficient, an order of
					 notice of a hearing for any possible violations of the provisions of this part
					 or of the Act may be scheduled regarding any licensee.
(b) In the case where a hearing is to be
					 scheduled under any section of this subchapter, such order of notice of hearing
					 shall be served upon the parties at least ten days in advance of 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 subchapter shall explicitly provide for a hearing upon shorter notice.
					 The order of notice of any hearing shall recite:
(1) The time, place, and nature of the
					 hearing.
(2) The legal authority
					 and jurisdiction under which the hearing is to be held with specific
					 designation of the statutory or regulatory provisions alleged to have been
					 violated.
(3) A clear and concise
					 factual statement sufficient to inform each party with reasonable definiteness
					 of the type of acts or practices alleged to be in violation of the Act or
					 regulations promulgated thereunder. In fixing the times and places for
					 hearings, due regard shall be had for the convenience of the parties and their
					 representatives.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.178 - Appearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any member of a
					 partnership involved in any proceeding before the Commission may appear on
					 behalf of such partnership. A corporation or association may be represented by
					 any duly authorized agent. Proof of such authority shall be submitted to the
					 Commission upon its request.
(b)
					 Any party may be represented by a member in good standing of the bar of any
					 court of record or such other representative as they may select. Such attorneys
					 or other representative must file written appearances with the
					 Commission.
(c) Any person
					 appearing at any hearing shall be permitted to appear on his or her own behalf
					 or with a representative of their choice. Each person shall be advised of the
					 privilege of representation at the outset of any hearing. Attendance without
					 requesting representation will be deemed a waiver of the privilege.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.181 - Investigation and special procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission shall have the right at
					 any time to convene and conduct such investigatory hearings as it may deem
					 necessary and appropriate to the proper administration of the Act or of the
					 provisions of this part. All other rules set forth herein shall apply to such
					 hearings, provided, however, that notices of investigatory hearings need not
					 specify which, if any, rules are believed to have been violated. Such notice
					 shall, however, set forth the general scope of the inquiry to be
					 conducted.
(b) The Commission shall
					 also have the right to supersede the proceedings of any Board of Stewards under
					 its jurisdiction at any time either upon its own motion or upon request of a
					 Board of Stewards. Such superseding may be upon an interim or final basis and
					 the Commission may make a partial adjudication and refer the remaining issues
					 back to the Board of Stewards or may assume full and complete jurisdiction for
					 all further purposes as it alone may deem appropriate and necessary.
(c) No process, requirement of a report,
					 inspection, or other investigative act or demand shall be issued, made, or
					 enforced in any manner or for any purpose except as authorized by law. Every
					 person compelled to submit data or evidence shall be entitled to retain, or
					 procure, on payment of lawfully prescribed cost, a copy or transcript
					 thereof.
This section cited in 58 Pa. Code §
													163.271 (relating to claimant of
						  horse in dispute).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.182 - Witnesses and subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Witnesses shall be examined under oath or affirmation and a record of the
					 proceeding made and kept by the Commission. If any witness or party resides
					 outside the Commonwealth, or through illness or other cause is unable to
					 testify before the Commission his or her testimony may be taken within or
					 without this Commonwealth as prescribed by the Commission.
(b) Commission subpoenas shall be issued in
					 blank over the seal of the Commission to any party, upon request. Each party
					 shall be responsible for his or her own subpoenas and upon request, shall file
					 a certificate of service over oath.
(c) Witness and mileage fees shall be paid by
					 the party at whose instance the witnesses are called.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.184 - Decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 30 days
					 after the conclusion of the hearing, the Commission shall issue a written
					 order. The Commission may also, in its discretion, render a written
					 adjudication including a statement of findings of fact and conclusions of law,
					 with the reasons or basis therefor, upon the material issues of fact, law or
					 discretion presented on the record. Orders and adjudications shall be based
					 upon a consideration of the whole record and be supported by reliable,
					 probative and substantial evidence. A final order or adjudication shall be
					 signed and approved by two members of the Commission who shall have the right
					 to enter the final order or adjudication based upon the record made at the
					 hearing or hearings conducted by the Commission or its designated hearing
					 officer, under §
											165.183 (relating to Commission
					 hearings). Minority opinions may be submitted and these shall become part of
					 the record.
(b) Orders and
					 adjudications shall be served upon the parties or their counsel personally or
					 by certified mail. If service is made by mail, the date of mailing will be the
					 date of service.
This section cited in 58 Pa. Code §
													165.175 (relating to action
						  without prior hearing).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.185 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 30 days
					 after the entry of an adjudication or another 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) Parties interested jointly, severally or
					 otherwise in the same adjudication may join in an appeal therefrom even though
					 the interested parties do not join therein.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.186 - Consolidation or severance

Current through Register Vol. 54, No. 28, July 13, 2024
Any two or more proceedings may be consolidated or
						severed by the Commission in its discretion.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.187 - Authority of Secretary

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Executive Secretary of the Commission 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 Executive Secretary of the Commission
					 shall be responsible for the efficient and orderly discharge of administrative
					 matters including the keeping of Commission journals and the minutes of
					 Commission meetings and the keeping of the docket and files of the Commission,
					 and shall be permitted to attend the hearing, meetings and deliberations of the
					 Commission.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.188 - Construction and amendment of rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This part is intended to aid the
					 efficient operation of the Commission and the orderly administration of the
					 law. This part shall be informally and liberally construed for the
					 accomplishment of these purposes and may be waived or suspended by the
					 Commission following prior notice and in a proceeding unless the action results
					 in depriving a party of substantial rights.
(b) This chapter may be amended or rescinded
					 by the Commission in accordance with law.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 165.189 - Time limit for hearings

Current through Register Vol. 54, No. 28, July 13, 2024
In the event of failure of a party to proceed in or
						faithfully prosecute a matter pending before the Commission for a period in
						excess of 4 months, which has not been continued, the same may be dismissed
						with prejudice for reason of the default or neglect at the discretion of the
						Commission on its own motion or upon the motion of another affected party.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.201 - General power of stewards

Current through Register Vol. 54, No. 28, July 13, 2024
The Stewards shall have the power to resolve matters
						before them including those which are not expressly covered by this chapter. In
						all cases, the Stewards shall render an opinion in accordance with the
						generally accepted customs and usages of racing in conformity with equitable
						standards of justice.
This section cited in 58 Pa. Code §
													165.204 (relating to contents of
						  notice); and 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.202 - Stewards' jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
The Stewards' jurisdiction and powers shall extend for 30
						days after the conclusion of a race meeting with respect to anything occurring
						thereat and shall commence at the time when entries are taken for the first day
						of racing thereat. A matter coming before the Stewards shall be decided within
						14 days of the first formal action taken thereon, unless continued by agreement
						of the Stewards. No matter may be continued for more than an additional 14 days
						without the expressed permission of the Commission. Stewards' reports and final
						orders and rulings shall be made within the time limits.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.203 - Notice required

Current through Register Vol. 54, No. 28, July 13, 2024
Before holding the hearing provided for under this
						chapter notice in writing shall be given to the party to be charged with a
						violation. A party may waive advance notice of a Stewards' hearing by executing
						a written waiver at the start of the hearing.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.204 - Contents of notice

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by §
											165.201 (relating to general power
						of stewards) shall:
(1) Informally and
					 generally describe the nature of the infraction or violation charged.
(2) State the time and place of
					 hearing.
(3) Notify the party of
					 his right to have counsel or an observer of his choice and that he bears the
					 sole responsibility for securing and insuring the presence of the
					 same.
(4) Provide for the right to
					 waive transcription of testimony at the hearing.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.205 - Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
Testimony at a hearing shall be given under affirmation
						or oath and a record shall be made of the hearing, either by use of a tape
						recorder or by the transcript of the court reporter. The party charged with a
						violation may, however, waive the recording and transcribing of the testimony.
						The Stewards may not be required to receive testimony under oath in cases where
						their ruling is based solely upon a review of the video tapes of a race. A
						party may request a viewing of the film in the presence of the Stewards at the
						hearing and be given an opportunity to state his own interpretation of the
						same.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.206 - Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
No final determination may be made by the Stewards until
						the hearing is completed and the evidence has been received and the party
						charged has been given the opportunity to hear the evidence presented against
						him. If a summoned or noticed party fails to appear, an order or ruling may be
						made against him by default.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.207 - Presence of stewards at hearing

Current through Register Vol. 54, No. 28, July 13, 2024
At least the State Steward and one Association Steward
						shall be present throughout a Stewards' hearing.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.208 - Duty to testify

Current through Register Vol. 54, No. 28, July 13, 2024
It shall be the duty of all persons to make full and
						complete disclosure at a Stewards' hearing of a fact or knowledge they may
						possess of violation or possible violation of a rule or regulation of racing of
						the Commission or of law and no person may refuse to testify before Stewards on
						a relevant matter except upon proper exercise of a legal privilege nor may a
						person testify falsely or incompletely to the Stewards.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.209 - Votes of stewards

Current through Register Vol. 54, No. 28, July 13, 2024
The Stewards shall decide all matters coming before them
						by majority vote. Should a Steward vote in the minority, he shall immediately
						make full report thereof to the Commission. A Steward so voting shall have the
						right to file a separate opinion thereof to the Commission.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.210 - Records and minutes of the stewards

Current through Register Vol. 54, No. 28, July 13, 2024
The State Steward shall be responsible for insuring that
						a complete set of minutes, records and orders and rulings by the Board of
						Stewards is maintained, including a record of votes taken, orders and rulings
						entered and fines imposed. A written report concerning formal orders and
						rulings shall be kept by the Stewards and copies of the same periodically
						transmitted to the Commission.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.211 - Stewards' reference to the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
The Stewards shall have the power to refer a matter
						within their jurisdiction or powers directly to the Commission either before or
						after holding a hearing thereon. The Stewards may refer a matter for initial
						hearing to the Commission whenever it is deemed by them to be impossible or
						impracticable to hold initial Stewards' hearings, or because of the ending of a
						meet or for other good and substantial reason. A penalty or ruling made by the
						Stewards may be expressly conditioned by them on their own motion upon review
						and action by the Commission. If the penalty the Stewards imposed under this
						chapter appears insufficient to them, they shall immediately report the same to
						the Commission for further action.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.212 - Original record

Current through Register Vol. 54, No. 28, July 13, 2024
The original record of the hearing and the report of the
						Stewards shall be delivered by them to the Commission concurrently with notice
						of an order, ruling or determination made to the party charged and heard. If
						notice of the penalty, order, ruling or determination has been given orally by
						a Steward to the party charged, as well as by writing, the record shall contain
						a statement that the oral notice was given and the date, time and place when it
						was given. The record shall also state the date and manner that written notice
						thereof was given.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.213 - Notice of penalty

Current through Register Vol. 54, No. 28, July 13, 2024
In cases involving a penalty, fine, suspension or
						sanction of any nature, notice of the same shall be given in writing to an
						adversely affected party. A penalty, fine, suspension or other sanction shall
						be deemed to have been imposed from the time that notice thereof is given.
						Notice shall be deemed given as of the time made if the same be made orally and
						as of the time it is issued for delivery if given in writing. Where notice is
						given orally, it shall be given by a Steward and shall immediately be followed
						by written notice. Notice shall be issued within no less than 48 hours of the
						final Stewards' ruling, order or determination.
This section cited in 58 Pa. Code §
													163.481 (relating to review and
						  appeal); 58 Pa. Code §
													165.179 (relating to service and
						  filing of papers); and 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.214 - Review and appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may investigate and review a decision of
						the stewards on its own motion or on the request of an aggrieved party. The
						appeal from the decision of stewards shall be made in writing within 10 days
						following the receipt of oral notice or the issuance of written notice of the
						decision, whichever occurs first. The appeal shall be sworn to before a notary
						public or one of the stewards unless taken by the Commission and shall set
						forth all matters complained of with particularity. The written notice of
						appeal shall be received by the Commission within the 10-day period. An appeal
						not so filed will be deemed untimely and matters that could have been reviewed
						by the Commission shall be deemed agreed to by the parties and errors waived.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.215 - Effective date of decisions

Current through Register Vol. 54, No. 28, July 13, 2024
A decision rendered by the stewards shall only become
						effective 5 days after the ruling is served personally on the affected party or
						5 days after the ruling has been sent by certified mail to the address given by
						the affected party in his license application unless the stewards shall find
						the delay to be contrary to the public interest. An affected party shall have
						the right to waive the delay in the effective date of a stewards' ruling and
						may, by writing, consent to immediate effectuation of a sanction or order.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 165 - ADMINISTRATIVE RULES › Subchapter H - RULES OF PRACTICE AND PROCEDURE › PROCEDURE BEFORE STEWARDS › Section 165.216 - Illegal entries

Current through Register Vol. 54, No. 28, July 13, 2024
If a licensee shall deliver a horse to an enclosure
						without a health or Coggin's certificate, enter an untattooed horse, enter a
						horse whose owner or trainer is not licensed, enter a horse without a
						satisfactory foal certificate, enter a horse owned or controlled by an
						ineligible party, enter an ineligible horse, deliver a horse late to the
						paddock, fail to run an entered horse, file an incomplete or incorrect license
						application, fail to pay or see to payment of a required licensing fee, fail to
						file required medication or medication administration report forms, fail to pay
						a required entry or stake fee, fail to timely complete a phase of the licensing
						procedure, fail to make a complete or timely scratch of a horse not run, fail
						to file and maintain current up-to-date records of the ownership, sale, or
						transfer, or registration of ownership of a horse, enter a horse not properly
						registered with the Jockey Club following allowance of the time for correction
						of record allowed in §
											163.102 (relating to certification
						of registration and identification), or violate a house rule approved by the
						Commission pertaining to smoking, fire, safety or parking violations, the
						stewards or the Commission may enter a fine only prior to the holding of a
						hearing upon receipt of credible evidence indicating the act. A fine to be
						imposed prior to a hearing may not exceed $100. In the event of the action, the
						licensee affected shall be promptly notified in writing by the stewards, or the
						Commission, of the entry of the fine and of his right to request a hearing
						under this section and §§
											165.201-165.215 (relating to procedure
						before stewards) in the event of a fine imposed by the stewards and §
											165.175 (relating to action
						without prior hearing) in the event of a fine imposed by the Commission. If the
						licensee desires to appeal a fine, he shall, on timely compliance with this
						chapter, be entitled to a hearing de novo. If the request is made, payment of
						the fine or fines in issue shall be stayed pending the outcome of the hearing.
						In the absence of a request for hearing under either §
											165.175 or §§
											165.201-165.216 at the expiration of the
						time allowed for a hearing fines as initially proposed will become final and
						binding for purposes.
This section cited in 58 Pa. Code §
													165.216 (relating to illegal
						  entries).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 167 - SIMULCASTING › Section 167.1 - 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:
Act
-The Race Horse Industry Reform Act
				  (4 P.
				  S. §§
										325.101-325.402).
Cross-simulcast
-A simulcast of a horse race
				  of a type other than that conducted at the track where the race is televised.
Horse race
-A thoroughbred or harness horse
				  race.
Race meeting
-The period for which approval
				  to conduct races has been granted to an association licensed to race by the
				  State Harness Racing Commission or the Commission.
Simulcast
-An electronically televised horse
				  race which is conducted at a track other than the track where the race is
				  televised.
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 167 - SIMULCASTING › Section 167.2 - Applications for permission to operate simulcasts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application for permission to operate
				a simulcast or cross-simulcast by a corporation licensed by the Commission
				shall be submitted to the Commission at least 60 days in advance of the running
				of the race for which permission is sought. The 60-day requirement may be
				waived by the Commission upon cause shown.
(b) An application for permission to operate
				a simulcast or cross-simulcast by a corporation licensed by the State Harness
				Racing Commission shall be submitted to the State Harness Racing Commission at
				least 60 days in advance of the running of the race for which permission is
				sought. The 60-day requirement may be waived by the State Harness Commission
				upon cause shown.
This section cited in 58 Pa. Code §
											167.3 (relating to permitted
					 simulcasts).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 167 - SIMULCASTING › Section 167.4 - Disposition of funds wagered on simulcasts and cross-simulcasts

Current through Register Vol. 54, No. 28, July 13, 2024
Moneys wagered by patrons on simulcasts and cross-simulcasts
				  shall be computed in the amount of money wagered each racing day for purposes
				  of taxation under section 222 of the act (4 P. S. §
										325.222).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 169 - TELEPHONE ACCOUNT WAGERING › Section 169.1 - Permission to conduct telephone account wagering

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Request for permission.
A licensed corporation may request permission from the Commission to conduct a
				telephone wagering system under section 218 of the act (4 P. S. §
										325.218). The licensed corporation shall
				submit to the Commission a full description of how its proposed telephone
				account wagering system would operate. No subsequent changes in the system's
				operation may occur until Commission approval is obtained. The Commission may
				conduct investigations or inspections or request additional information from
				the licensed corporation as necessary to ensure that the licensed corporation
				complies with statutes and this chapter.
(b)
Review and approval of
				contracts.
Contracts and amendments to contracts entered into by a
				licensed corporation regarding telephone account wagering and related matters
				shall have prior approval of the Commssion.
(c)
Suspension, revocation and
				fines.
Permission to conduct a telephone wagering system may be
				suspended or revoked if the Commission determines that the licensed corporation
				or its employes or agents has violated section 218 of the act or this chapter.
				Fines may be imposed under section 214 of the act (4 P. S. §
										325.214).
This section cited in 58 Pa. Code §
											169.3 (relating to
					 wagering).
Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 169 - TELEPHONE ACCOUNT WAGERING › Section 169.2 - Telephone wagering account

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application.
A telephone wagering account is necessary to
				place telephone wagers. An applicant shall be at least 18 years of age. A
				telephone wagering account may be established by completing a written form
				approved by the Commission. The form shall include the address of the principal
				residence of the applicant and a statement that a false statement made in
				regard to an application may subject the individual to prosecution under
				18 Pa.C.S. §
										4904
				(relating to unsworn falsification to authorities). A completed form shall be
				signed by the applicant and shall be submitted or mailed by the applicant
				directly to the licensed corporation at the corporation's racetrack facility.
				The licensed corporation may accept or reject an application after receipt and
				review of the application for compliance with statutes and this
				chapter.
(b)
Limitation.
A licensed corporation may not establish a
				telephone wagering account for a person located in or residing in the primary
				market area of a racetrack, other than the racetrack at which the licensed
				corporation is conducting a racing meet. The licensed corporation may establish
				a telephone wagering account for a person located in or residing in the primary
				market area of the track at which the licensed corporation is conducting a
				meet. If two tracks share a primary market area as defined in section 218(e) of
				the act (4 P. S. §
										325.218(e)), both tracks
				shall have equal rights to the market in the shared area.
(c)
Account credits.
Credits
				to a telephone wagering account may be made as follows:
(1) Deposits made to a telephone wagering
				account by the holder shall be submitted or mailed by the holder directly to
				the licensed corporation and shall be in the form of one of the following:
(i) Cash given to an agent of the licensed
				corporation within the racetrack enclosure.
(ii) Check, money order or negotiable order
				of withdrawal.
(iii) Charges made
				to an account holder's debit or credit card upon the direct and personal
				instruction, which may be given by telephone to the licensed corporation by the
				account holder if the use of the card has been approved by the
				Commission.