§ 165.214. Review and appeal.
The Commission may investigate and review a decision of the stewards on its own motion or on the request of an aggrieved party. The appeal from the decision of stewards shall be made in writing within 10 days following the receipt of oral notice or the issuance of written notice of the decision, whichever occurs first. The appeal shall be sworn to before a notary public or one of the stewards unless taken by the Commission and shall set forth all matters complained of with particularity. The written notice of appeal shall be received by the Commission within the 10-day period. An appeal not so filed will be deemed untimely and matters that could have been reviewed by the Commission shall be deemed agreed to by the parties and errors waived.
Source The provisions of this § 165.214 adopted December 8, 1978, effective December 9, 1978, 8 Pa.B. 3494.
Notes of Decisions There is no time requirement as to when the Commission must hold a hearing on an appeal of the suspension of a jockey’s license. Luzzi v. Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1988).
An apprentice jockey who had his license suspended for use of illegal drugs without a hearing did not have his due process rights violated because he was given notice and an opportunity to challenge the suspension in a hearing before the Stewards, with the opportunity to be represented by counsel who cross-examined witnesses against him. Luzzi v. Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1988).
Cross References This section cited in 58 Pa. Code § 165.216 (relating to illegal entries).
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