58 Pa. Code Ch. 183 — Rules of Racing

§ 183.454. Refusal, suspension or revocation of license without prior hearing. (a) Where a license is to be refused, suspended or revoked, the Commission may either refuse, suspend, or revoke such license for cause without a prior hearing. (b) Notice by the Commission that an app…

§ 183.455. Hearing demanded by applicant or licensee. (a) An applicant who has been refused a license or a licensee whose license has been suspended or revoked under § 183.454 (relating to refusal, suspension or revocation of license without prior hearing) may demand a hearing. T…

§ 183.456. Refusal, suspension or revocation of license with prior hearing. (a) Upon receipt of a complaint filed under the provisions of § 183.453 (relating to complaints) or upon information, the Commission shall decide whether a citation should be issued against the licensee. …

§ 183.457. Motion to strike, dismiss or amplify. (a) A party deeming a pleading insufficient in form may file with the Commission a motion to strike. A party deeming a pleading insufficient in substance, or desiring to question the jurisdiction of the Commission, may file with th…

§ 183.458. Appearances. (a) An individual or member of a partnership named a party in a proceeding before the Commission may appear on behalf of himself or of the partnership upon adequate identification. A party corporation or association may be represented by a bona fide office…

§ 183.459. Service. The Commission shall serve a copy of a citation or notice of hearing upon each respondent, together with a notice to satisfy the citation or answer the same in writing within 10 days after such service except when otherwise designated by the Commission. Person…

§ 183.460. Continuances. (a) Applications for continuance made prior to the hearing shall be in writing, shall set forth the reasons therefore, and shall be filed with the Commission in Harrisburg 4 days prior to the time fixed for hearing. Notice of such application shall be giv…

§ 183.461. Investigations. 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 r…

§ 183.462. Witnesses and subpoenas. (a) Witnesses at all hearings shall be examined orally under oath or affirmation and a record of the proceeding shall be made and kept by the Commission. If any witness resides outside the Commonwealth, or through illness or other cause is unab…

§ 183.463. Commission hearings. (a) The Commission, or any member thereof, may conduct hearings or the Commission may designate the Executive Secretary, General Counsel or any other qualified person to act as a hearing examiner. (b) Members, officers or agents presiding at hearin…

§ 183.464. Decisions. (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 conclusion of law, with the reasons or…

§ 183.465. Appeals. (a) Within 30 days after service of a final adjudication or order of the Commission, or the imposing of a monetary fine, or of an order of the Commission refusing a petition for rehearing or reconsideration, or of an order following a rehearing or reconsiderat…

§ 183.466. Consolidation or severance. Any two or more proceedings may be consolidated by the Commission in its discretion, and proceedings may be severed. Cross References This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relati…

PROCEDURE BEFORE JUDGES § 183.481. Notice required. Before any penalty may be imposed by a Judge under the provisions of this subpart, notice in writing must be given to the party to be charged with a violation. Cross References This section cited in 58 Pa. Code § 183.482 (relati…

§ 183.482. Contents of notice. The notice required by § 183.481 (relating to notice required) hereof shall indicate: (1) The infraction for which he is charged. (2) The time and place of hearing.

§ 183.483. Presence of judges at hearing. At least the presiding judge and one associate judge shall be present at a hearing.

§ 183.484. Testimony. All testimony at such hearing shall be given under oath and a record shall be made of the hearing either by use of a tape recorder or the transcript of a court reporter.

§ 183.485. Hearing. No final determination shall be made by the Judges until the hearing is completed and all the evidence has been received and the party charged has been given the opportunity to hear all of the evidence presented against him in order to offer an explanation or …

§ 183.486. Original record. The original record of the hearing shall be preserved for 30 days. It shall be delivered to the Commission upon request. The record shall state the date and manner that written notice thereof was given.

§ 183.487. Review and appeal. The Commission may investigate, consider and review any decision or ruling of the judges upon its own motion or upon the request of an aggrieved party. An appeal by an aggrieved party from the decision or ruling of judges must be made in writing with…

AUTHORITY OF SECRETARY § 183.501. Executive Secretary of the Commission. (a) The Executive Secretary appointed by the Commission shall be representative at large of the Commission. He shall have general supervision over all race officials, licensees and employes or appointees of …

RACE OFFICIALS § 183.51. State Harness Racing Commission. The Commission shall have general jurisdiction over all harness horse racing activities in which pari-mutuel wagering is conducted in the Commonwealth of Pennsylvania and of all the associations, employes and patrons assoc…

CONSTRUCTION AND AMENDMENTS OF RULES § 183.511. Construction and amendments of rules. (a) The provisions of this part are intended to aid the efficient operation of the Commission and the orderly administration of the law. They shall be liberally construed for the accomplishment …

§ 183.52. Required presence of officials in race. In every race except in qualifying races there shall be present a presiding judge and two associate judges in the judge’s stand, and all other race officials as defined in § 181.1 (relating to definitions), with the exception of t…

§ 183.53. Approval by Commission; officials’ school. All race officials shall be approved and licensed by the Commission. No race official, with the exception of a timer, will be considered for approval unless he has attended a United States Trotting Association Officials’ School…

§ 183.54. Conflict of official’s position. No official, acting as a presiding, associate, starting, patrol or paddock judge shall serve as a race secretary or a clerk of the course at such meeting. No race official who is under suspension, an owner or otherwise interested in the …

§ 183.55. Removal of official. Any official may be fined, suspended or his license may be denied or revoked at any time for incompetency, failure to follow or enforce the provisions of this part, or any conduct detrimental to the sport. No race official shall, on any day upon whi…

§ 183.56. Disqualification of an official. In the event of the disqualification of an official, the Commission shall be so notified immediately. The Commission shall thereafter appoint a substitute.

§ 183.57. Conflict of interest. No employe, officer or racing official of any licensed association shall directly or indirectly be the owner of any horse racing at such meeting, nor shall he participate financially directly or indirectly in the purchase or sale of any horse racin…

§ 183.58. Admission to judges’ stand. Only the judges, the clerk of course, timers, official announcer, officials and Directors of the United States Trotting Association and the Commission or its authorized representatives shall be allowed in the judges’ stand during a race. No e…

§ 183.59. Decorum of officials. All race officials shall at all times during the performance of their duties refrain from using intemperate language or from conducting themselves other than in a judicious manner. Any conduct on their part which could or does tend to detrimentally…

§ 183.60. Presiding judge. The Commission shall approve and license a presiding judge for all licensed harness race meetings. The presiding judge shall enforce the rules and regulations of the Commission and shall render daily reports of the activities and conduct of such race me…

§ 183.61. Power of judges. Collectively, presiding judge and associate judges shall have the authority to: (1) In cases in which the judges determine that a serious offense may have been committed, the judges may immediately place offending persons on suspension. In any case an o…

§ 183.62. Duties of judges. It shall be the duty of the judges to: (1) Exclude from the race any horse that in their opinion is improperly equipped, dangerous or unfit to race. A horse is unfit to race if he is sick, has impaired vision in both eyes, is weak, or extremely lame. N…

§ 183.63. Procedure of judges. It shall be the procedure of the Judges to: (1) Be in the stand 15 minutes before the first race and remain in the stand for ten minutes after the last race and at all times when the horses are upon the track. (2) Observe the preliminary warming up …

§ 183.64. Duties of patrol judges. (a) They shall observe all activity on the race track at all times during the racing program. There shall be not less than two patrol judges except in cases where patrol judge is stationed in starting gate. They shall immediately report to the p…

§ 183.65. Absent officials. If any race official is absent or incapacitated, the Executive Secretary of the Commission may appoint a substitute at such meeting. Notice of such appointment shall be given immediately to the United States Trotting Association.

§ 183.66. Starter. The Commission shall approve and license a starter for all licensed harness race meetings. The starter shall be under the jurisdiction of the presiding judge at all times.

§ 183.67. Duties of starter. The starter shall be in the stand or starting gate 15 minutes before the first race. He shall have control over the horses and, subject to the provisions of § § 183.451—183.466 (relating to practice before the Commission), have authority to assess fin…

§ 183.68. Duties of the clerk of the course. The clerk of the course shall: (1) At the request of the judges assist in drawing positions. (2) Keep the judges’ book and record therein: (i) All horses entered and their eligibility numbers. (ii) Names of owners and drivers and drive…

§ 183.69. Duties of timers. (a) At each race or performance against time there shall be at least one timer in the judges’ or timers’ stand. He shall sign the judges’ book for each race or performance against time verifying the correctness of the record. All times shall be announc…

§ 183.70. Duties of paddock judge. Under the direction and supervision of the presiding judge, the paddock judge shall have complete charge of all paddock activities as outlined in § 183.32 (relating to paddock). The paddock judge shall: (1) Get the fields on the track for post p…

§ 183.71. Program director. Each association shall designate a program director. (1) It shall be the responsibility of the program director to furnish the public complete and accurate past performance information as required by the provisions of § 183.92 (relating to program info…

§ 183.72. Photo finish. (a) Every association shall provide photo finish service of a type and quality approved by the Commission as an aid to the judges in determining the order of finish. (b) Whenever the judges call for a photo finish picture to determine the order of the fini…

§ 183.73. Duties of race secretary. The race secretary of each association must be licensed and approved by the Commission and it shall be his duty to do the following: (1) To receive and to keep safe the eligibility certificates of all horses competing at the race track or stabl…

§ 183.74. Commission veterinarian. (a) The Commission shall designate a duly licensed veterinarian at each association track who shall be known as the Commission veterinarian. His compensation shall be fixed and paid by the Commission. (b) The Commission veterinarian, unless othe…

§ 183.75. Charter. The charting of races shall be done only by a charter licensed by the Commission.

§ 183.76. Department of Revenue. The Department of Revenue shall have authority to prescribe the forms and the system of accounting to be employed by the association, and through its representatives shall, at all times, have power of access to, and examination of any equipment re…

IDENTIFICATION OF HORSES § 183.91. Records. No horse will be permitted to race at an Association track without an eligibility certificate, issued for the current year by the United States Trotting Association and approved by the Commission. Horses must race under the name of the …

§ 183.92. Program information. (a) A printed program shall be available to the public at all meetings where purses are offered. (b) All programs shall furnish: (1) Horse’s name and sex. (2) Color and age. (3) Sire and dam. (4) Owner’s name. (5) Driver’s name and colors. (6) Train…