Pennsylvania Administrative Code

§ 179.11. Computation of time. (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 or…

§ 179.12. Extensions of time and continuances. (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 g…

§ 179.13. Complaints and other pleadings. (a) Pleadings. Only the following pleadings shall be permitted: (1) Complaints. (2) Petitions. (3) Motions. (4) Applications for licensure. (5) Answers to pleadings. (b) Fees. Fees for copies and other administrative requests, if any, wil…

§ 179.14. Answers to complaints, petitions, motions and other filings requiring a response. (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 applic…

§ 179.15. Motions to protect confidential information. (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 Mo…

§ 179.16. Limited discovery. (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 grant…

§ 179.17. Intervention. (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 …

§ 179.18. Offers of settlement. (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 proce…

§ 179.2. Definitions. (a) The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Adjudication—An order, decree, decision, determination or ruling by the Commission affecting the personal or property righ…

§ 179.21. Scope. (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…

§ 179.22. General power of the Judges and Stewards. 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 …

§ 179.23. Jurisdiction of Judges and Stewards. (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.…

§ 179.24. Rights of the licensee. 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 t…

§ 179.25. Notice required. (a) Before any penalty may be imposed by the Judges or Stewards under the provisions of the act and this part, written notice must be given to the party to be charged with a violation. Unless the matter is an emergency, before holding the disciplinary h…

§ 179.26. Contents of notice. The written notice required by § 179.25 (relating to notice required) shall: (a) Informally and generally describe the nature of the infraction or violation charged. (b) A reference to the particular provisions of the statutes or rules potentially in…

§ 179.27. Continuances. Upon receipt of a hearing notice, a person may request a continuance of the hearing from the Judges or Stewards, who may, in their sole discretion, grant a continuance for good cause shown. The Judges or Stewards may at any time order a continuance on thei…

§ 179.28. Power to subpoena witnesses. The Judges and Stewards may require, by subpoena, the personal attendance of witnesses and the reproduction of books, records, papers, correspondence and other documents relevant to the proceeding before them.

§ 179.29. Presence of Judges and Stewards at hearing. At least the Presiding Judge or Presiding Steward and one Associate Judge or Associate Steward shall be present at all times throughout the hearing.

§ 179.3. Filings and appeals. (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 …

§ 179.30. Testimony. 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. Except that: Judges or Stewards shall not be required to receive testimony …

§ 179.31. Hearing. (a) Hearing. No final determination may be made by the Judges or 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 and the opportunity to defend. If a s…

§ 179.32. Evidence. The Judges or Stewards shall allow a full presentation of evidence and are not bound by the technical rules of evidence. However, the Judges or Stewards may disallow evidence that is irrelevant or unduly repetitive of other evidence. They shall have the author…

§ 179.33. Duty to testify. It shall be the duty of all persons to make full and complete disclosure to the Judges or Stewards of a fact or knowledge the person may possess regarding violations or possible violations of a rule of racing or of the law. No person may refuse to testi…

§ 179.34. Votes of Judges or Stewards. The Judges or Stewards shall decide all matters coming before them by majority vote. Should a Judge or Steward vote in the minority, that Judge or Stewards shall immediately make full report thereof to the Commission. Judges or Stewards so v…

§ 179.35. Records. A written report concerning formal orders, rulings and other matters coming before the Judges or Stewards shall be kept by them and copies of the same shall be transmitted to the Commission.

§ 179.36. Matters referred to the Commission. Judges or 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 Judges or Stewards may refer a matter for initial hearing t…

§ 179.37. Original record. Upon request by the Commission or the Bureau Directors, the original record of the hearing of the Judges or Stewards shall be delivered by them to the Commission. The record shall properly reflect whether the notice of the penalty, order, ruling or dete…

§ 179.38. Ruling. (a) In cases involving a penalty, fine, suspension or sanction of any nature, the ruling of the same shall be given in writing to the adversely affected party, in the format adopted and approved by the Commission and must include the following: (1) the full name…

§ 179.39. Effective date of decisions. A decision rendered by the Judges or Stewards shall only become effective 10 days after the ruling is served personally on the affected party or 10 days after the ruling has been sent by certified mail to the address given by the affected pa…

§ 179.4. Computation of time. (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, S…

§ 179.40. Summary suspension available. (a) If the Judges or Stewards determine that a licensee’s actions constitute an immediate danger to the public health, safety or welfare or the health and safety of a horse, the Judges or Stewards may summarily suspend the license pending a…

§ 179.41. Review and appeal. A person aggrieved by a ruling of the Judges or Stewards may appeal the matter to the Commission, except as provided in § 179.43 (relating to non-disqualifications not appealable) of this part. The appeal from the decision of Judges or Stewards must b…

§ 179.42. Request for stay. (a) The final determination or ruling by Judges or Stewards shall remain in full force and effect pending the final determination on the hearing, if granted. An aggrieved party, in addition to the written requirements set forth above for an appeal, may…

§ 179.43. Non-disqualifications not appealable. The decision by the Judges or Stewards not to disqualify a horse after the running of a race has been declared official is final and may not be appealed to the Commission. This subsection is not applicable to disqualifications of ho…

§ 179.5. Investigation and special procedures. (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…

§ 179.51. Generally. (a) A hearing calendar of all matters set for hearing will be maintained by the Hearings and Appeals Docket Clerk as set forth in § 179.3(b) (relating to filings and appeals) and will be in order of assignment as far as practicable. All matters will be heard …

§ 179.52. Nature of Commission hearings. (a) Appeals from Judges or Stewards. An appeal to the Commission from a decision or ruling of the Board of Judges or the Board of Stewards, as set forth in Subchapter B (relating to Judges and Stewards hearings), shall be limited to the un…

§ 179.53. Commission hearings. (a) Unless the Commission hears the matter directly, all matters shall be assigned to a presiding officer or other duly qualified person to serve as a presiding officer in the particular proceeding. (b) Hearings will be public unless a party invokes…

§ 179.54. Scheduling of hearing. (a) On behalf of the Commission, the Hearings and Appeals Docket Clerk, will schedule the appropriate hearing in chronological order of receipt and will maintain a hearing calendar of all proceedings, with assigned docket numbers set for hearing. …

§ 179.55. Hearing notices. (a) Notices. Notice of a hearing will be provided to the appellant or counsel in writing and issued by the Hearings and Appeals Docket Clerk, by any of the following methods: certified mail (return receipt requested), first class mail, personal service …

§ 179.56. Failure to attend hearing. (a) If, at the time and place scheduled for hearing, parties who have received due notice are not in attendance, whether in person or by counsel, the appeal shall be dismissed and the underlying decision shall be entered by and upon default. (…

§ 179.57. Waiver of hearing. A party to a proceeding may waive the right to a hearing before the Commission by filing with the Bureau Directors and the Hearings and Appeals Docket Clerk a written Notice of Waiver of Hearing, with copies to the presiding officer and other parties.…

§ 179.58. Consolidation. (a) The Commission, the Hearings and Appeals Docket Clerk or the presiding officer, with or without motion, may consolidate proceedings involving a common question of law or fact. (b) The section supersedes 1 Pa. Code § 35.45 (relating to consolidation).…

§ 179.59. Presiding officers. (a) When evidence is to be taken in a hearing, the Commission’s duly appointed presiding officer may conduct the hearing in the absence of the Commission itself. A person presiding at a hearing may not consult a party on any fact in issue unless upon…

§ 179.6. Commission action without prior hearing. (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 den…

§ 179.60. Prehearing and other conferences. (a) A prehearing conference may be scheduled at the sole discretion of the Commission or the presiding officer, if in the opinion of the Commission or the presiding officer, the matter warrants a conference. The Commission or a presidin…

§ 179.61. Hearing procedure. (a) Order of hearing. In a proceeding, the party having the burden of proof shall generally go forward, open and close, unless otherwise directed by the presiding officer. The order of testimony may be modified at the discretion of the hearing officer…