NOTICES

STATE HORSE
RACING COMMISSION

Refusal of Admission and/or Ejections from Racetracks

[47 Pa.B. 3168]
[Saturday, June 3, 2017]

 The State Horse Racing Commission (Commission) hereby provides notice that on April 27, 2017 (Administrative Docket No. 2017-8), in accordance with the statutory authority in 3 Pa.C.S. § 9311(a) and (h) (relating to State Horse Racing Commission), it issued an Order adopting specific procedures governing the expedited conduct of administrative hearings by the Commissioners regarding the ejection and/or refusal of admission matters. The statutory language in 3 Pa.C.S. § 9326(a) (relating to admission to racetrack) shall continue to govern the requirements of licensed racing entities when issuing ejections and/or refusing admission to licensed individuals from the racetrack facilities.

 The complete text of the April 27, 2017, Order, including the specific hearing provisions and procedures adopted by that Order, is set forth as follows. Within the next several weeks the Commission will republish the procedures as temporary regulations as authorized by 3 Pa.C.S. § 9311(h). Until that occurs, the procedures set forth as follows will govern the standard for parties involved in ejections or refusal of admissions from racetracks.

Order

 And Now, this 27th day of April, 2017, in accordance with its general authority and jurisdiction over pari-mutuel racing activities and specifically, under the authority set forth in § 9311(h) of the Racing Act (3 Pa.C.S. § 9311(h)) to adopt temporary regulations, the Commission hereby approves and orders the following procedures governing the expedited conduct of administrative hearings by the Commissioners regarding ejections or denial of admission matters.

 The statutory provisions set forth in § 9326(a) (3 Pa.C.S. § 9326(a)) shall continue to control the requirements of denials of admission and/or ejections of licensed individuals from racetrack enclosures. All notices of ejections or denials of admission must be in writing and must set forth the specific reasons for such a denial of admission or ejection. Failure by the licensed racing entity to provide formal written notice of the denial of admission or ejection to the licensed individual shall be grounds for a show cause order to be issued. The person ejected or denied admission to the racetrack enclosure may appeal the denial of admission or ejection to the Commission, in writing, within 48 hours of such action. No appeal shall be granted or heard regarding the purported denial of horse entries by a licensed racing entity.

 All appeals must be submitted to the breed-specific Bureau Director, who shall immediately review the timeliness and appropriateness of such an appeal. A request for a stay shall be granted until such time as the Commission renders a decision in the matter. All ejection/denial of admission hearings, if granted, shall be scheduled for and conducted at the next public monthly meeting of the Commission. The parties shall be given written notice of the specific date and time of that meeting. Continuances of a scheduled hearing shall be requested of the Commission and must be submitted in writing. Hearings will not be continued except for compelling reasons, as determined by the Commission, in its sole discretion.

 The Commissioners shall preside over the course and conduct of the hearing, shall receive evidence from the parties and rule on any evidentiary matters during the hearing. All hearings shall be stenographically recorded and upon the closing of evidence of record, the Commission shall immediately render an oral decision in the matter. The Commission's written Adjudication supporting its final Order and determination shall be issued shortly thereafter.

 Either party may appeal the Commission's written determination to the Commonwealth Court within 30 days of the receipt of the written determination.

RUSSELL C. REDDING, 
Chairperson
State Horse Racing Commission

Attachment A

Refusal of Admissions/Ejection
Expedited Hearing Procedures

Section 1. General purpose.

 The sections set forth below are intended to govern the expedited practice and procedures before the Commission solely regarding the ejection from and/or the refusal of admission to a licensed racetrack. Ejections and/or refusal of admission are governed by § 9326(a) of the act (3 Pa.C.S. § 9326(a)). The following sections are intended to supplement 2 Pa.C.S. (relating to administrative law and procedure) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).

Section 2. Definitions.

 The following words and terms, when used in this part, 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 property rights, privileges, immunities, duties, liabilities or obligations of the parties to the proceeding in which the adjudication is made.

 Commissioner or Presiding Officer—a member of the Commission, or other person designated by the Commission to conduct the proceeding.

 Decision—the determination from the bench by the Commission affirming or reversing the ejection/refusal of admission action immediately upon the closing of the evidentiary record of the proceeding.

 Ejection or Refusal of Admission—the action taken by a licensed racing entity to refuse admission to the grounds of the racetrack enclosure or the physical removal of a licensee from the grounds of the racetrack enclosure as provided by 3 Pa.C.S. § 9326 of the act.

 Ejection Notice—written notification by a licensed racing entity to an individual licensed by the commission of the ejection and/or refusal of admission of that individual from the racetrack enclosure and the enumerated reasons for such action.

 Ejectee—an individual ejected from and/or refused admission to the racetrack enclosure pursuant to 3 Pa.C.S. § 9326 of the act.

 Licensed Racing Entity—any person that has obtained a license to conduct live thoroughbred or harness horse race meetings respectively with pari-mutuel wagering from the commission.

 Party—a person who is named in or admitted to the proceeding and who has a direct interest in the subject matter of the proceeding.

Section 3. Written ejection notices.

 (a). A licensed racing entity may refuse admission to and/or eject 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 presence is deemed detrimental to the best interests of horse racing and after citing the reasons for the determination in writing.

 (b). The written notice shall also advise the ejectee of that person's right to request a hearing before the commission no later than 48 hours following receipt of the written ejection notice.

 (c). Failure by the licensed racing entity to provide formal written notice of the refusal of admission or ejection to the licensed individual shall be grounds for a show cause order to be issued by the Commission.

Section 4. Request for a hearing.

 (a). The person ejected or refused admission to the racetrack enclosure may request a hearing before the Commission, if such request:

 (1) is in writing;

 (2) is received by the breed-specific Bureau Director in the Executive Office of the Commission (Office of the Clerk) within 48 hours of receipt of the written notice of ejection/refusal of admission; and

 (3) sets forth a concise statement of all grounds upon which a hearing is requested.

 (b). Each Bureau Director shall review the timeliness and appropriateness of such a request for a hearing. Any appeal deemed untimely shall be dismissed.

 (c). Stay of Enforcement. A request for a stay, if any, shall be granted by the respective Bureau Director, and shall continue only until such time as the Commission renders a final decision in the matter.

 (d). No appeal shall be granted or heard regarding the purported denial of horse entries by a licensed racing entity.

Section 5. Notice and location of hearing.

 (a). All ejection/refusal of admission hearings, if granted, shall be scheduled for and conducted at the next duly scheduled public meeting of the Commission.

 (b). The parties to the proceedings shall be provided written notice of the specific date and time of the Commission meeting at which the hearing will take place.

 (c). Hearings will not be continued except for compelling reasons, as determined by the Commission, in its sole discretion. Any request for a continuance must submitted in writing setting forth the compelling reasons to the Commission.

Section 6. Conduct of hearing.

 (a). The commissioners shall preside over the course and conduct of the matter directly. The Commission may, however, in its discretion, designate a member of the Commission or other qualified person to serve as the presiding office in the particular matter.

 (b). Hearings may provide for:

 (1). Receipt of sworn testimony.

 (2). Receipt of all relevant oral or documentary evidence.

 (3). Opportunity for parties to be heard.

 (4). A complete evidentiary record.

 (c). The commissioners and/or the presiding officer shall have the power and authority to do the following:

 (1). Regulate the course of the hearing, including recessing, reconvening or adjournment thereof.

 (2). Administer oaths and affirmations.

 (3). Issue subpoenas.

 (4). Rule upon offers of proof and receive evidence.

 (5). Dispose of motions made during the hearing to dismiss the proceedings or other motions which involve the final determination of the proceedings.

 (6). Take any other action necessary and appropriate to the discharge of their duties as may be designated by the Commission.

 (d). All ejection/refusal of admission hearings shall be stenographically recorded.

 (e). Given the expedited nature of the proceeding and limited duration of a stay, if applicable, the parties shall not be afforded the opportunity to submit written briefs, except upon extraordinary circumstances presented and in the commissioners' sole discretion.

 (f). A decision and order by the Commission shall be made and entered immediately upon the closing of the evidentiary record as introduced at the hearing.

 (g). Within 15 days from the issuance of the commission's decision, a written adjudication supporting its decision and order shall be issued to the parties.

 (h). This section supersedes 1 Pa. Code §§ 35.185—35.190 (relating to presiding officers) and 1 Pa. Code Chapter 35, Subchapter B (relating to hearings and conferences).

Section 7. Appeals to Commonwealth Court.

 (a). A party may appeal the final order and adjudication of the Commission to the Commonwealth Court of Pennsylvania within 30 days of the receipt of the written determination.

 (b). The filing of an appeal will not stay enforcement of the decision or final order of the Commission unless a stay is obtained from the court upon application in accordance with the Rule of Appellate Procedure.

THOMAS F. CHUCKAS, Jr., 
Director
Bureau of Thoroughbred Horse Racing

BRETT REVINGTON, 
Director
Bureau of Standardbred Horse Racing

[Pa.B. Doc. No. 17-952. Filed for public inspection June 2, 2017, 9:00 a.m.]

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