§ 171.23. Public hearing and public comment.
(a) Upon the filing of a Statement by a corporation licensed by the Commission, the Commission will place the following notice in a newspaper of general circulation in the county in which the nonprimary location is to be situated: TO WHOM IT MAY CONCERN:
The Pennsylvania State Horse Racing Commission hereby gives notice that a Nonprimary Location Statement was filed on the
day of
, 19
by
in which the corporation seeks approval to conduct pari-mutuel wagering at a Nonprimary Location at
. A public hearing concerning this matter will be held at
on
, 19
at
. Public comment is requested. Interested parties are invited to submit written comments to the Pennsylvania State Horse Racing Commission, Agriculture Building, Room 306, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408. Public comments may be submitted up to, and including, the date set for public hearing. The purpose of the public hearing is to assist the Commission in assessing the impact the proposed nonprimary location will have on the local community. A person who believes the proposed nonprimary location will affect their business or residence and who wishes to speak at the public hearing must submit their name, address, telephone number, and a brief summary of their statement to the Commission at the address set forth above at least 48 hours prior to the time of the public hearing.(b) The notice of public hearing shall be published on at least 4 consecutive days in a prominent section of a newspaper of general circulation for the county in which the nonprimary location is to be situated.
(c) The purpose of the public hearing will be to assist the Commission in assessing the impact that a proposed nonprimary location will have on the local community as required by section 218(g)(5)(iii) of the act (4 P. S. § 325.218(g)(5)(iii)). The public hearing shall be held in the county in which the proposed nonprimary location is to be situated.
(d) A person who wishes to speak at the public hearing shall submit his name, address, telephone number and a brief summary of his statement at least 48 hours prior to the time of the public hearing to the Commission at the following address: State Horse Racing Commission, Agriculture Building, Room 306, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408.
(e) The Commission may set reasonable limits upon the time allowed for oral statements and may disallow statements not offered for the purpose set forth in subsection (c).
Notes of Decisions Hearing Site
The State Horse Racing Commission did not abuse its discretion in choosing a hearing site within the county, but not the township, in which the proposed facility was located, especially where the township did not introduce any evidence suggesting that members of the community were unable to attend because of the location. East Lampeter Township v. State Horse Racing Commission, 704 A.2d 703 (Pa. Cmwlth. 1997).
The Commission may waive the requirement for advance submission statements when doing so furthers legislative intent and party is not prejudiced. Upper Merion Township v. State Horse Racing Commission, 602 A.2d 459 (Pa. Cmwlth. 1992).
Residents who were provided notice and attended a public hearing but failed to request an evidentiary hearing or intervene in the application process until after an order was issued, waived their objections to the administration of the hearing. Cashdollar v. State Horse Racing Commission, 600 A.2d 646 (Pa. Cmwlth. 1991).
Public Objections
Residents who were provided notice and attended a public hearing but failed to request an evidentiary hearing or intervene in the application process until after an order was issued, waived their objections to the administration of the hearing. Cashdollar v. State Horse Racing Commission, 600 A.2d 646 (Pa. Cmwlth. 1991).
Time of Notice
The State Horse Racing Commission did not abuse its discretion in publishing a timely hearing notice over a holiday weekend. East Lampeter Township v. State Horse Racing Commission, 704 A.2d 703 (Pa. Cmwlth. 1997).
Waiver of Requirements
The Commission may waive the requirement for advance submission statements when doing so furthers legislative intent and a party is not prejudiced. Upper Merion Township v. State Horse Racing Commission, 602 A.2d 459 (Pa. Cmwlth. 1992).
Cross References This section cited in 58 Pa. Code § 171.23 (relating to filing of a Statement; documentation required); and 58 Pa. Code § 171.24 (relating to consideration of a Statement by the Commission and the State Harness Racing Commission).
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