Pennsylvania Administrative Code

§ 179.65. Suspension and disbarment. (a) The Commission may deny, temporarily or permanently, the privilege of appearing or practicing before the Commission to a person who is found by the Commission, after notice and opportunity for hearing on the matter, to have done one or mor…

§ 179.66. Briefs and oral argument. (a) Briefs. Unless waived by the parties, at the close of the taking of testimony in the hearing, the presiding officer shall provide the parties with the opportunity to submit briefs. The presiding officer shall fix the time for the filing and…

§ 179.67. Transcript. Hearings shall be stenographically recorded and a verbatim transcript of the record will be prepared as soon as practicable after the hearing. The parties may obtain a copy of the transcript directly from the court reporting service. This section supersedes …

§ 179.68. Contents and close of the record. (a) The record shall be considered closed upon receipt of the transcript of the record and briefs, if any, and the hearing shall be deemed concluded at that time. After the record is closed, additional matters may not be relied upon or …

§ 179.69. Proposed adjudication of the presiding officer. (a) The presiding officer or other Commission designated person shall prepare a proposed adjudication and order as a decision of the Commission. The proposed written adjudication shall include: (1) Findings and conclusions…

§ 179.7. Request for hearing by applicant or licensee. (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 Commissio…

§ 179.70. Commission decisions. (a) Decisions. The Commission shall consider and vote upon a proposed adjudication and order at its public meeting in accordance with the voting provisions of the act and Chapter 173 (relating to Commission operations and organization—temporary reg…

§ 179.71. Reopening of record. (a) Petition to reopen. At any time after the record is closed, but before a final decision is issued, a party may file a petition with the Commission or the presiding officer for the purpose of taking additional evidence. A petition to reopen must …

§ 179.72. Rehearing or reconsideration. (a) A party to a proceeding may file an application for rehearing or reconsideration by filing a petition within 15 days after the final order of the Commission. (b) Filing a petition for rehearing or reconsideration does not toll or stay t…

§ 179.73. Appeals. (a) Within 30 days after the receipt of a written adjudication or the entry of a 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 govern…

§ 179.8. Commission original action with prior hearing. (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 or…

§ 179.9. Service by the Commission. (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)…

§ 179.91. General purpose. The sections set forth below are intended to govern the expedited practice and procedures before the Commission solely regarding the ejection from or the refusal of admission to a licensed racetrack facility or a racetrack enclosure. An ejection or refu…

§ 179.92. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Adjudication—The written order, decree, decision, determination or ruling by the Commission affecting the personal or prop…

§ 179.93. Written ejection notices. (a) A licensed racing entity may refuse admission to or eject, or both, from the racetrack enclosure operated by the licensed racing entity, any person licensed by the Commission and employed at an occupation at the racetrack, if the person’s p…

§ 179.94. Request for a hearing. (a) The person ejected or refused admission to the racetrack enclosure may request a hearing before the Commission, if the request: (1) Is in writing; (2) Is received by the Bureau Director in the Executive Office of the Commission (Office of the …

§ 179.95. Notice and location of hearing. (a) All ejection or refusal of admission hearings shall be scheduled for and conducted at the next duly scheduled public meeting of the Commission subject to the notice provision under subsection (b). The hearing shall take place at the l…

§ 179.96. Conduct of hearing. (a) The Commission shall preside over the course and conduct of the matter directly. The Commission may, however, in its discretion, designate or appoint a Commissioner or other qualified person to serve as the presiding office in the particular matt…

§ 179.97. Appeals to Commonwealth Court. (a) A party may appeal the final order and written adjudication of the Commission to the Commonwealth Court within 30 days of the receipt of the written determination in accordance with the provisions of Rules of Appellate Procedure. (b) T…

§ 179.98. Disinterested party status on appeal to Commonwealth Court. The Commission is not an aggrieved party as contemplated by 2 Pa.C.S. § 702 (relating to Administrative Agency Law) and shall be deemed a disinterested party in ejection or refusal of admission matters subseque…

§ 17a.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Humane Society Police Officer Enforcement Act (3 P. S. § § 456.1—456.7). Agricultural animal—A bovine animal, equin…

§ 17a.10. Criteria for approval. The Department will review a complete application for approval of an optional training program to determine whether the program satisfies the training requirements of section 4(a)—(c) of the act (3 P. S. § 456.4(a)—(c)). The Department will approv…

§ 17a.11. Disapproval. The Department’s disapproval of an optional training program will set forth the reasons for disapproval and, if practicable, prescribe the changes, actions or documentation necessary for the optional training program to obtain the Department’s approval.

§ 17a.12. Term of approval. (a) Initial training. The Department’s approval of an optional training program for the initial training of humane society police officers will be valid for no more than 5 years from the date of issuance. (b) Continuous training. The Department’s appro…

§ 17a.13. Withdrawal of approval. (a) General authority. The Department may withdraw its approval of an optional training program if one or more of the following occur: (1) The optional training program fails to meet the minimum time, subject matter and other applicable requireme…

§ 17a.14. Revisions to a previously-approved optional training program. (a) Approval required. A person seeking to revise an approved optional training program shall apply for and obtain the approval of the Department prior to implementing the revisions. (b) Abbreviated applicati…

§ 17a.15. Monitoring by the Department. A person conducting an approved optional training program shall allow at least one employe of the Department to attend and monitor the optional training program, and shall otherwise cooperate with the Department in its effort to establish a…

§ 17a.2. Objectives. This chapter sets forth interim guidelines establishing standards and procedures for approving those optional training programs that require the Department’s approval under section 4(g) of the act (3 P. S. § 456.4(g)). The act requires optional training progr…

§ 17a.3. Approval of optional training programs required. A person seeking to offer an optional training program that has been developed and would be administered by an accredited college, accredited university, accredited community college or another public or private entity sha…

§ 17a.4. Obtaining an application. A person may obtain an application for approval of an optional training program from the following address, upon request: Department of Agriculture, Bureau of Animal Industry, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408. Cross…

§ 17a.5. Contents of a complete application. A complete application for approval of an optional training program shall contain the following: (1) The complete name, address and telephone number of the applicant. (2) A statement of whether the applicant seeks approval of an option…

§ 17a.6. Syllabus. (a) General requirements. A syllabus for an optional training program shall set forth in detail the material to be taught, the qualifications of the authors and a list of resources, and shall specifically set forth the minimum amount of time which shall be devo…

§ 17a.7. Submitting the application. An application for approval of an optional training program shall be submitted to the Department by mail or delivery to the address in § 17a.4 (relating to obtaining an application).

§ 17a.8. Incomplete application. Within 20 days of receiving an application for approval of an optional training program, the Department will mail the applicant written notice of defects or omissions that cause the application to be incomplete.

§ 17a.9. Time requirement for review of a complete application. Within 30 days of receiving a complete application for approval of an optional training program, the Department will review the application and mail the applicant written approval or disapproval of the application.

§ 181.1. General provisions. (a) Purpose. The purpose of this part is to set forth the requirements for individuals seeking to obtain a license to conduct horse race meetings, describe the duties, responsibilities, facilities, equipment and operations of the license racing entiti…

§ 181.10. Gratuities prohibited. No director, owner, officer, manager or employee of an applicant or licensed racing entity or their immediate family shall accept gifts, gratuities or anything of value from horse breeders, owners, trainers or other individuals in connection with …

§ 181.11. Possession of firearms. No person, licensee, employee of a licensed racing entity, a secondary pari-mutuel organization, or their racing vendors and concessionaires shall possess a firearm within the racetrack enclosure unless that person has obtained a valid permit for…

§ 181.12. Racetrack financial responsibility. (a) Approval of a race meeting by the Commission does not establish the Commission as the insurer or guarantor of the safety of any participant or the physical condition of the racetrack facilities or the purse of any race. (b) A lice…

§ 181.13. Books and records of pari-mutuel wagering. (a) Every licensed racing entity that conducts a horse race meeting at which pari-mutuel wagering is authorized shall maintain books and records that clearly show, by separate record, the total amount of money contributed to ev…

§ 181.14. Bond or letter of credit requirements. If applicable or required under section 9345 or section 9346 of the act (relating to commingling; and Standardbred horse racing purse money), a licensed racing entity shall file with the Commission a bond or letter of credit payabl…

§ 181.15. Filing of certain agreements with Commission. At the request of the Commission, a licensed racing entity shall promptly file with the Commission any purchase or change of ownership agreements, live racing agreements, or SPMO, racing vendor agreements or any other contra…

§ 181.16. Horse entries prohibited. No director, officer, principle or employee of the licensed racing entity engaged in the active management of the racetrack facility or member of that person’s immediate family, shall race or permit or cause to be raced any horse in which that …

§ 181.17. Fines and penalties. (a) General rule. The Commission may impose administrative fines upon any licensed or unlicensed racing entity, association or person participating in horse racing at which pari-mutuel wagering is conducted, other than as a patron, for a violation o…

§ 181.18. Searches within track premises. To assist in detection of illegal pari-mutuel betting by racing personnel, effectively prevent the use of improper racing devices, restrict the possession of dangerous weapons on racing premises, control the expanded traffic in unlawful d…

§ 181.19. Commission office space. A licensed racing entity shall provide adequate office and administrative space for the use of the Judges, Stewards and other Commission personnel as required by the Commission. The location and size of the office space, furnishings and equipmen…

§ 181.2. Number of licensed racing entities. (a) Standardbred horse racing. No more than five persons shall be licensed to conduct a horse race meeting. No person licensed under this chapter to conduct Standardbred horse racing with pari-mutuel wagering shall be licensed to condu…