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PA Bulletin, Doc. No. 03-1021



Procedures for New or Amended Pari-Mutuel License Applications

[33 Pa.B. 2571]

   1.  License required for all horse race meets. The Race Horse Industry Reform Act (4 P. S. §§ 325.101--325.402) (act) provides that no corporation shall have the right to conduct horse race meets except on obtaining a license from the State Harness Racing Commission (Commission).

   2.  Limited number of harness racing licenses. Section 205(b) of the act (4 P. S. § 325.205(b)) provides that no more than five corporations shall be licensed by the Commission to conduct a pari-mutuel meet.

   3.  More applications filed than available licenses. The Commission has received more applications for harness licenses than are authorized by the act. The Commission does not have the power under the act to issue licenses to all applicants for harness licenses. The Commission is not obligated to issue any license despite the availability of a license. The Commission will be charged with reviewing the pending applications submitted under its respective jurisdiction as set forth in the act.

   4.  Information about application procedure. The Commission believes that it is in the public interest under section 209 of the act (4 P. S. § 325.209) and the best interests of the racing industry in this Commonwealth to establish an administrative review process to treat the applicants as a comparative group for harness horse race meeting license applications presently pending before the Commissions as well as any new applications or renewals.

   In considering the present pending applications and any new applications, the Commission adopts a policy to include the following steps:

   A.  Consideration group. Application closing dates. The Commission will consider applications for pari-mutuel racing licenses made under section 209 of the act comparatively as part of a consideration group identified by an application closing date that is published by the Commission. Application closing dates will be published anytime that the Commission receives or has pending before it more than one application for a license.

   B.  Applications. To qualify to be placed into the consideration group for an available license, each new or amended application must be made using the application form available from the Commission. At a minimum, each new or amended application must contain the standards set forth in Appendix A. (See 7 Pa. Code Chapter 133 (33 Pa.B. 2172 (May 3, 2003).)

   No consideration shall be given to any application, which is deemed to be untimely filed or deficient by the Commission.

   C.  Application closing date. The Commission hereby establishes a 60-day application period which will begin on May 24, 2003, and close July 22, 2003. No new applications shall be accepted after the closing date. Within that same period, previously submitted applications, which the Commission has deemed deficient by notice to the applicant, must be resubmitted to the Commission with the deficiency corrected.

   D.  Resubmission after notice of deficiency. Applicants who submit new applications the Commission deems deficient will be given the balance of the 60-day time period or 30 days, whichever is longer, to correct the deficiency.

   E.  Amendment of application form. The Commission reserves the right to amend license application forms at any time. If the Commission amends the application forms, the Commission will establish an amended application closing date at least 30 days after the date of the amendment. Applicants with applications pending at the time of the Commission's amendment to the license application form will have until the amended application closing date to resubmit or supplement their applications; however, no new applications can be received during the amended application period.

   F.  Group consideration by respective commissions. The Commission hereby establishes a policy in which all new and/or amended applications received by the application closing date shall be placed into a single group for comparative consideration by the Commission.

   G.  Process. The Commission will consider written applications within a consideration group, and, after consideration and comparison of all written applications, may issue available licenses in numbers authorized by the act to those applicants who, in the sole judgment of the Commission, will best serve the public interest, convenience and necessity.

   H.  Issuance of licenses. No license shall be issued until all new and/or amended written applications in the respective consideration group have been considered and examined by the Commission.

Executive Secretary
State Harness Racing Commission

Department of Agriculture

[Pa.B. Doc. No. 03-1021. Filed for public inspection May 23, 2003, 9:00 a.m.]

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