§ 183.268. Suspension or revocation of owners’ licenses.
The license of an owner may be suspended, revoked or a money fine may be imposed for:
(1) Failure to obey the instructions of a racing official.
(2) Failure to race his horse when programmed, unless excused by the presiding judge.
(3) Misconduct or acts detrimental to the sport.
(4) Violation of any rule of the Commission.
(5) Falsifying or misrepresenting answers on an application for an owner’s license.
Notes of Decisions The fact that a horse trainer has a duty to guard against drug administration, 58 Pa. Code § 183.357, and that a veterinarian has a duty to prevent a drugged horse from racing, 58 Pa. Code § 183.356, does not relieve an owner of responsibility for administration of medication that resulted in a positive test since the regulations clearly also provide that fine or suspension may be imposed on ‘‘any person,’’ 58 Pa. Code § 183.268, or the ‘‘person or persons having control or custody,’’ 58 Pa. Code § 183.352(b). Reichard v. State Harness Racing Commission, 499 A.2d 727 (Pa. Cmwlth. 1985).
Although Commission erroneously discussed Petitioner’s liability in terms of being a trainer rather than horse owner or veterinarian, Petitioner was still liable as the person having control of the horse, 58 Pa. Code § 183.352(b), and under the standards for a veterinarian, 58 Pa. Code § 183.356 or a licensed owner, 58 Pa. Code § 183.268. Reichard v. State Harness Racing Commission, 499 A.2d 727 (Pa. Cmwlth. 1985).
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