§ 179.3. Filings and appeals.
(a) Initial Appeals. Appeals from an action of the Judges or Stewards, Bureau Directors or other Commission staff, must comply with the provisions set forth in § 179.7 (relating to request for hearing by applicant or licensee), within the prescribed 10-day time period for appeals and must be physically received and date-stamped by the Commission’s Executive Office by first-class mail or in person at:
State Horse Racing Commission Docket Clerk Department of Agriculture Building Room 301 2301 North Cameron Street Harrisburg, PA 17110
(1) Whether an appeal is considered timely shall be determined by the date of receipt by the Commission at the previous address and not the date of deposit in the mail system.
(2) No initial appeals shall be accepted by e-mail or facsimile.
(3) The Commission or the Bureau Directors may order redundant, immaterial, impertinent or scandalous matters stricken from documents filed with it.
(b) Acceptance of Appeal or Stay, or both. The Bureau Directors or the Commission’s staff shall review the initial appeal request for compliance with § 179.7. A formal ruling granting or denying the appeal or the stay, or both, if properly requested shall be issued under signature of the Bureau Directors as soon as practicable.
(c) Subsequent Filings. Once an appeal has been granted and a matter is pending before the Commission, hearing notices shall be generated by and issued from the Hearings and Appeals Clerk, Office of Chief Counsel. All subsequent correspondence, filings, pleadings or briefs relating to the proceeding filed by the parties shall be filed with the Hearings and Appeals Docket Clerk at the following address in one of the following methods:
(1) First class mail. Service may be made by mailing a copy to each party, properly addressed with postage prepaid.
(2) Personal. Service may be made personally.
(3) Electronic. With the specific authorization of the Commission or the presiding officer and if expedited relief is required, service may be made by either electronic mail or telefacsimile. In either manner, the parties shall specifically identify the type of document, the docket number and a brief description of the document.
Hearings and Appeals Docket Clerk Office of Chief Counsel Department of Agriculture Building Room 201 2301 North Cameron Street Harrisburg, PA 17110
(d) If a hearing officer has been assigned, all subsequent motions, pleadings, correspondence or requests for continuances shall be filed with the hearing officer and served upon the parties to the proceedings as determined by the hearing officer.
(e) Subsections (a)—(d) supersede 1 Pa. Code § 31.5 (relating to communications and filings generally) and 1 Pa. Code § 31.11 (relating to timely filing required).
Cross References This section cited in 7 Pa. Code § 175.5 (relating to date of filing appeals); 7 Pa. Code § 177.5 (relating to date of filing appeals); 7 Pa. Code § 179.7 (relating to request for hearing by applicant or licensee); 7 Pa. Code § 179.9 (relating to service by the Commission); 7 Pa. Code § 179.17 (relating to intervention); 7 Pa. Code § 179.18 (relating to offers of settlement); 7 Pa. Code § 179.41 (relating to review and appeal); and 7 Pa. Code § 179.51 (relating to generally).
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