§ 177.3. Powers and duties of the Bureau Director.
(a) The Bureau Director shall have the following powers and duties:
(1) Evaluate, review and issue all applicants and applications for a Thoroughbred horse racing license in accordance with the standards set forth in the act. The Bureau Director shall be prohibited from disclosing any portion of an investigation or evaluation of an applicant to a Commissioner prior to the decision relating to the applicant’s suitability for licensure if that determination is to be rendered the Commission.
(2) Inspect and monitor licensees and other persons regulated under this part for noncriminal violations, including potential violations of racing referred to the bureau by the Commission or any other person.
(3) Monitor horse racing operations and racing activities by all licensees to ensure compliance with the act and these regulations.
(4) Inspect, review, examine and investigate licensees, including the physical spaces and facilities in which licensees engages in racing activities, including stalls, barns, administrative offices, front-side and back-side areas of the licensed racing facility and racetrack enclosure.
(i) The Bureau Director’s powers and duties may include the review and reproduction of any document or record.
(ii) Examinations may include the review of accounting, administrative and financial records, management control systems, procedures and other records.
(5) Refer possible criminal violations to law enforcement entities.
(6) Cooperate in the investigation and prosecution of any criminal violation by criminal law enforcement entities.
(7) Begin any racing related investigation as deemed necessary and appropriate under the general jurisdiction of the Commission.
(8) Implement, with the approval of the Commission and publication in the Pennsylvania Bulletin, a complete racing penalty matrix to be utilized by the Director, the Board of Judges or the Commission for violations of the rules of racing and administrative regulations.
(b) Upon the Bureau Director’s own motion or upon written request of a licensee, the Bureau Director may review, for consistency and appropriateness, any administrative penalty issued by the Board of Stewards. Based upon the Bureau Director’s review and analysis of the underlying matter, the Bureau Director may enforce the consistency of penalties imposed by the Board of Stewards, up to and including, the dismissal of the underlying ruling, or increasing or decreasing the imposed penalty.
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