Subchapter E. DOCUMENTARY HEARINGS
Sec.
179.101. Expedited documentary hearing.
179.102. Election of documentary hearing.
179.103. Waiver of oral hearing.
179.104. Documentary hearing procedures.
179.105. Evidentiary documents.
179.106. Verification.
Cross References This subchapter cited in 7 Pa. Code § 175.8 (relating to waiver of hearings); 7 Pa. Code § 177.8 (relating to waiver of hearings); and 7 Pa. Code § 179.6 (relating to Commission action without prior hearing).
§ 179.101. Expedited documentary hearing.
(a) Purpose. To control administrative costs for all parties, to expedite and streamline the formal hearing process and to promote judicial economy, an individual who appeals a decision of the Judges or Stewards regarding certain racing matters may waive the right to an oral hearing as provided in Subchapter C (relating to Commission hearings) and elect to have the matter proceed under the expedited process and resolved solely by the submission of documents.
(b) Matters for documentary hearing. Among other racing related matters, the expedited documentary hearing may be utilized by an appellant or party when time is of the essence or where the health, safety and welfare of a horse is involved, including but not limited to claiming disputes, horse transfers and other similar matters.
§ 179.102. Election of documentary hearing.
(a) An individual who elects to proceed under the expedited documentary hearing process, instead of a formal oral hearing, must provide written notice to the Bureau Directors of the individual’s decision to proceed under the expedited hearing process within 2 days of the approval of the initial appeal request. A written waiver of oral hearing, in accordance with § 179.103 (relating to waiver of oral hearing), must be submitted along with the individual’s notification of election to proceed under the expedited documentary hearing procedure.
(b) If there is more than one party in the matter, all parties must agree to proceed under the expedited documentary hearing process and must provide the necessary waiver form. If there is no agreement by the parties, the matter will proceed under the Commission’s oral hearing process set forth in Subchapter C (relating to Commission hearings).
§ 179.103. Waiver of oral hearing.
(a) The appellant and other parties, if applicable, shall execute a written waiver specifically acknowledging that:
(1) They are knowingly and voluntarily proceeding under the expedited documentary hearing process;
(2) They will timely submit all necessary documents or records properly sworn to or affirmed and based upon personal knowledge; and
(3) That as a condition of proceeding through the expedited documentary hearing process, they will abide by the decision of the Bureau Director and no appeal will be taken to the Commission or to a subsequent court.
(b) The appellant and other parties must promptly submit the fully executed waiver form to the respective Bureau Director.
(c) Subsections (a)—(b) supersede 1 Pa. Code § 35.101 (relating to waiver of hearing).
Cross References This section cited in 7 Pa. Code § 179.102 (relating to election of documentary hearing).
§ 179.104. Documentary hearing procedures.
(a) The appellant and other parties, if applicable, shall submit to the Bureau Director a complete package of documents setting forth the factual or legal, or both, basis to support their position, including, but not limited to records, pleadings, witness affidavits, supporting briefs and legal argument.
(b) The Bureau Director’s review of the underlying issues shall be limited solely to a review of the documentary evidence submitted by the parties to the hearing and the underlying determination by the Judges/Stewards. No in-person testimony or depositions shall be taken in these proceedings.
(c) Once the supporting documentation has been submitted to the Bureau Director, an appellant or a party may not communicate directly or indirectly, with the Bureau Director in connection with any issue of law or any matter of fact relating to the matter in dispute.
(d) The Bureau Director shall issue a limited written decision in the form of a ruling within 5 days of the receipt of the documents from the appellant or parties. The ruling shall briefly set forth the facts, conclusion and the legal basis for the Bureau Director’s decision.
(e) The Bureau Director shall provide a copy of the applicable ruling to the appellant or parties in the matter.
§ 179.105. Evidentiary documents.
(a) The records, pleadings, briefs, affidavits and other documents to be submitted to the Bureau Director shall be signed and verified by the appellant, the parties or their respective counsel as set forth below.
(b) The signature of the person subscribing a document filed with the Commission constitutes a certificate by the individual that:
(1) The person has read the document being subscribed and filed and knows the contents thereof.
(2) The document has been subscribed and executed in the capacity specified upon the document with full power and authority to do so, if executed in a representative capacity.
(3) The document is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, to the best of the person’s knowledge, information and belief formed after reasonable inquiry.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 33.11 (relating to execution).
§ 179.106. Verification.
(a) Pleadings or other documents containing an averment of fact not appearing of record in the underlying action or containing a denial of fact shall be personally verified by the appellant or party thereto. Verification means a signed, written statement of fact supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). If verification is required, notarization is not necessary.
(b) The verification form should comply substantially with the following:
VERIFICATION I,
, hereby state that the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief). I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).Date:
(Signature)
(c) When an affidavit is used, the form should comply substantially with the following:
AFFIDAVIT I,
, being duly sworn do hereby affirm according to law, depose and say that the facts above set forth are true and correct to the best of my knowledge, information and belief.
(Signature of affiant)
Sworn and subscribed before me this
day of
, 20
.
(Notary Public)
(d) An individual who executes a pleading or other document knowing that it contains a false statement and who causes it to be filed with the Bureau Director or Commission shall be subject to prosecution of a misdemeanor of the second degree in violation of 18 Pa.C.S. § 4904(a).
(e) Subsections (a)—(d) supersede 1 Pa. Code § 33.12 (relating to verification).
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