Subchapter B. JUDGES AND STEWARDS HEARINGS
Sec.
179.21. Scope.
179.22. General power of the Judges and Stewards.
179.23. Jurisdiction of Judges and Stewards.
179.24. Rights of the licensee.
179.25. Notice required.
179.26. Contents of notice.
179.27. Continuances.
179.28. Power to subpoena witnesses.
179.29. Presence of Judges and Stewards at hearing.
179.30. Testimony.
179.31. Hearing.
179.32. Evidence.
179.33. Duty to testify.
179.34. Votes of Judges or Stewards.
179.35. Records.
179.36. Matters referred to the Commission.
179.37. Original record.
179.38. Ruling.
179.39. Effective date of decisions.
179.40. Summary suspension available.
179.41. Review and appeal.
179.42. Request for stay.
179.43. Non-disqualifications not appealable.
Cross References This subchapter cited in 7 Pa. Code § 179.52 (relating to nature of Commission hearings); and 7 Pa. Code § 205.32 (powers of the Judges).
§ 179.21. Scope.
(a) This subchapter governs the practice and procedures before the respective Board of Judges and the Board of Stewards of the Commission.
(b) This subchapter shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which it is applicable. Judges and Stewards may disregard an error or defect of procedure which does not affect the substantive rights of the parties, especially when the proceeding is related to a pro se licensee.
(c) This subchapter is intended to supersede the applicability of 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) to practice and procedures before the Judges/Stewards.
(d) Subsection (b) supersedes 1 Pa. Code § 31.2 (relating to liberal construction).
§ 179.22. General power of the Judges and Stewards.
The Board of Judges and the Board of Stewards shall have the power to enforce the breed-specific rules and procedures of Standardbred racing or Thoroughbred racing, and otherwise resolve conflicts, disputes and impose penalties for violations of the rules and regulations of the Commission. The Judges and Stewards, in the best interests of racing, shall also have the power and jurisdiction over racing matters which are not expressly covered by this chapter. In all cases, the Judges and Stewards shall render their respective determinations in accordance with the generally accepted customs and usages of racing in conformity with equitable standards of justice.
§ 179.23. Jurisdiction of Judges and Stewards.
(a) Jurisdiction and powers of the Judges and Stewards shall begin at the time when entries are taken for the first day of a racing meeting and shall terminate with the completion of their official business pertaining to the meeting. If a dispute or matter is unresolved at the time of completion of the meet, it may be heard later or disposed of by other Judges or Stewards or referred to the Commission. This section does not limit the power of the Judges or Stewards to impose sanctions continuing beyond the end of the race meeting. If there are succeeding meets at a racetrack facility, the power of the Judges and Stewards is deemed to be continuing and sustaining.
(b) On their own motion or on receipt of a complaint from an official or other person regarding the actions of a licensee, the Judges/Stewards may conduct a preliminary inquiry into a suspected violation of the rules of racing, but thereafter, shall refer the matter to Commission investigators for final investigation and disciplinary proceedings.
(c) A matter coming before the Judges or Stewards shall be decided within 15 days of the first formal action taken thereon, unless continued by agreement of the Judges or Stewards. No matter may be continued for more than an additional 15 days.
§ 179.24. Rights of the licensee.
A person who is the subject of an evidentiary hearing conducted by the Judges or Stewards is entitled to proper notice of all charges, entitled to confront the evidence presented at the hearing and shall be afforded the following:
(1) the right to counsel at the person’s expense;
(2) the right to examine all evidence to be presented against him/her;
(3) the right to present a defense;
(4) the right to call witnesses;
(5) the right to cross examine witnesses; and
(6) the right to waive any of the previous rights.
§ 179.25. Notice required.
(a) Before any penalty may be imposed by the Judges or Stewards under the provisions of the act and this part, written notice must be given to the party to be charged with a violation. Unless the matter is an emergency, before holding the disciplinary hearing, the Judges or Stewards shall provide written notice to the party to be charged with a violation at least 5 days before the hearing.
(b) If possible, the Judges or Stewards or Commission investigators shall hand deliver the written notice previously mentioned in subsection (a) to the person who is the subject of the disciplinary hearing. If hand delivery is not possible, the Judges or Stewards shall mail the notice to the person’s last known address, as found in the Commission’s licensing files, by regular mail and by certified mail, return receipt requested.
(c) If the disciplinary hearing involves an alleged medication violation that could result in the disqualification of the horse, notice of the hearing provided to the trainer of record, as set forth above, shall also be deemed adequate and reasonable notice to owner of the horse. It shall be the trainer’s sole responsibility, as agent of the owner, to notify the owner of the medication hearing. The owner of the horse may attend and participate in the hearing to the extent the underlying matter may affect the interest of the horse.
(d) The failure of the summoned person to appear, after proper notice, shall be construed as a waiver of the right to a hearing before the Judges or Stewards and the Judges or Stewards shall issue a ruling as a default. The Judges or Stewards may impose an additional fine or suspension to the person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent.
Cross References This section cited in 7 Pa. Code § 179.26 (relating to contents of notice).
§ 179.26. Contents of notice.
The written notice required by § 179.25 (relating to notice required) shall:
(a) Informally and generally describe the nature of the infraction or violation charged.
(b) A reference to the particular provisions of the statutes or rules potentially involved.
(c) State the time and place of hearing.
(d) Notify the party of his right to have counsel or an observer of his choice and that he bears the sole responsibility for securing and insuring the presence of the same.
(e) Provide for the right to waive transcription of testimony at the hearing.
§ 179.27. Continuances.
Upon receipt of a hearing notice, a person may request a continuance of the hearing from the Judges or Stewards, who may, in their sole discretion, grant a continuance for good cause shown. The Judges or Stewards may at any time order a continuance on their own motion.
§ 179.28. Power to subpoena witnesses.
The Judges and Stewards may require, by subpoena, the personal attendance of witnesses and the reproduction of books, records, papers, correspondence and other documents relevant to the proceeding before them.
§ 179.29. Presence of Judges and Stewards at hearing.
At least the Presiding Judge or Presiding Steward and one Associate Judge or Associate Steward shall be present at all times throughout the hearing.
§ 179.30. Testimony.
Testimony at a hearing shall be given under affirmation or oath and a record shall be made of the hearing, either by use of a tape recorder or by the transcript of the court reporter. Except that: Judges or Stewards shall not be required to receive testimony under oath in cases where their ruling is based solely upon a review of the video tapes of a race. The party may request a viewing of the film in the presence of the Judges or Stewards at the hearing and be given an opportunity to state his own interpretation of the same.
§ 179.31. Hearing.
(a) Hearing. No final determination may be made by the Judges or Stewards until the hearing is completed and the evidence has been received and the party charged has been given the opportunity to hear the evidence presented and the opportunity to defend. If a subpoenaed or noticed party fails to appear, an order or ruling may be entered by default.
(b) Order of Hearing. Judges and Stewards shall have the discretion to conduct the hearing in accordance with the following:
(1) The Judges or Stewards shall open the hearing by indicating the date and time, make a concise statement of its scope and purposes and announce that a record of the hearing is being made. All witnesses shall be sworn by the Judges or Stewards.
(2) When a hearing has begun, a party or a party’s representative may make an opening statement only if necessary or permitted by the Judges/Steward.
(3) A party, a party’s representative or any other person or witness who may testify at the hearing shall be identified on the record.
(4) The Judges or Stewards may receive and review any preliminary relevant motions and afford each party of record the opportunity to submit a subsequent written motion. They may render a decision on the motion immediately or take that matter under consideration.
(5) The Commission investigators shall have the burden of proceeding in the matter first. At the discretion of the Judges or Stewards, they may change the order of testimony of the party or witness. A party who asserts a particular fact or issue shall have the burden of proof of that matter.
(6) The Judges or Stewards shall afford each party the opportunity to present the party’s direct case and witnesses. Each party, as well as the Judges or Stewards may cross examine each witness.
(7) In the course of the hearing, the Judges or Stewards may receive all relevant documentary evidence, including investigative reports, video tapes, lab reports or other similar records.
(8) At the conclusion of all evidence and cross examination, at the discretion of the Judges or Stewards, closing statements may be allowed and the evidentiary record shall be closed.
(c) Behavior. Each party, witness, attorney or other representative shall, at all times, behave in the Judge or Steward’s proceedings with dignity, courtesy and respect for the Judges or Stewards and all other parties and participants. An individual who violates this section may be excluded from a hearing by the Judges or Stewards.
§ 179.32. Evidence.
The Judges or Stewards shall allow a full presentation of evidence and are not bound by the technical rules of evidence. However, the Judges or Stewards may disallow evidence that is irrelevant or unduly repetitive of other evidence. They shall have the authority to determine, in their sole discretion, the weight and credibility of any evidence or testimony, or both. The Judges or Stewards may admit hearsay evidence if in the opinion of the Judges or Stewards it is the type of evidence that is commonly relied on by reasonably prudent people.
§ 179.33. Duty to testify.
It shall be the duty of all persons to make full and complete disclosure to the Judges or Stewards of a fact or knowledge the person may possess regarding violations or possible violations of a rule of racing or of the law. No person may refuse to testify before the Judges or Stewards on a relevant matter except upon proper exercise of a legal privilege, nor may a person testify falsely or incompletely to the Judges or Stewards. If a person refuses to testify or falsely testifies as set forth, that matter may be referred to the Commission for a licensing action.
§ 179.34. Votes of Judges or Stewards.
The Judges or Stewards shall decide all matters coming before them by majority vote. Should a Judge or Steward vote in the minority, that Judge or Stewards shall immediately make full report thereof to the Commission. Judges or Stewards so voting shall have the right to file a separate opinion thereof to the Commission. The ruling of the Judges or Stewards shall be generally in the form approved by the Commission. All rulings must be signed by the majority of the Judges or Stewards.
Cross References This section cited in 7 Pa. Code § 179.96 (relating to conduct of hearing).
§ 179.35. Records.
A written report concerning formal orders, rulings and other matters coming before the Judges or Stewards shall be kept by them and copies of the same shall be transmitted to the Commission.
§ 179.36. Matters referred to the Commission.
Judges or Stewards shall have the power to refer a matter within their jurisdiction or powers directly to the Commission either before or after holding a hearing thereon. The Judges or Stewards may refer a matter for initial hearing to the Commission whenever it is deemed by them to be impossible or impracticable to hold the initial hearings, or because of the ending of a meet or for other good and substantial reason.
§ 179.37. Original record.
Upon request by the Commission or the Bureau Directors, the original record of the hearing of the Judges or Stewards shall be delivered by them to the Commission. The record shall properly reflect whether the notice of the penalty, order, ruling or determination has been issued orally or in writing. If oral notice was given, the record shall reflect the date, time and place when it was given. If written notice was given, the record shall reflect the date and manner that written notice thereof was given.
§ 179.38. Ruling.
(a) In cases involving a penalty, fine, suspension or sanction of any nature, the ruling of the same shall be given in writing to the adversely affected party, in the format adopted and approved by the Commission and must include the following:
(1) the full name, Social Security number, date of birth, last record address, license type and license number of the person who is the subject of the hearing;
(2) a statement of the charges against the person, including a reference to the specific section of the act or rules of the Commission that the licensee is found to have violated;
(3) the date of the hearing and the date the ruling was issued;
(4) the penalty imposed;
(5) any changes in the order of finish or purse distribution; and
(6) other information required by the Commission.
(b) At the time the Judges or Stewards inform a person who is the subject of the proceeding of the ruling, the Judges or Stewards shall inform the person of the person’s right to appeal the ruling to the Commission.
(c) All fines imposed by the Judges or Stewards shall be paid to the Commission within 10 days after the issuance of the ruling, unless otherwise ordered by the Judges or Stewards.
§ 179.39. Effective date of decisions.
A decision rendered by the Judges or Stewards shall only become effective 10 days after the ruling is served personally on the affected party or 10 days after the ruling has been sent by certified mail to the address given by the affected party in his license application, unless the Judges or Stewards find the delay to be contrary to the public interest. An affected party shall have the right to waive the delay in the effective date of the ruling and may, by writing, consent to immediate imposition of the sanction or order.
§ 179.40. Summary suspension available.
(a) If the Judges or Stewards determine that a licensee’s actions constitute an immediate danger to the public health, safety or welfare or the health and safety of a horse, the Judges or Stewards may summarily suspend the license pending an emergency hearing.
(b) A licensee whose license has been summarily suspended is entitled to an emergency hearing on the summary suspension within 3 days after the license was summarily suspended. The licensee may waive the right to an emergency hearing on the summary suspension.
(c) The Judges or Stewards shall conduct the emergency hearing on the summary suspension in the same manner as other disciplinary hearings. At an emergency hearing on a summary suspension, the sole issue is whether the person’s license should remain suspended pending a final disciplinary hearing and ruling.
§ 179.41. Review and appeal.
A person aggrieved by a ruling of the Judges or Stewards may appeal the matter to the Commission, except as provided in § 179.43 (relating to non-disqualifications not appealable) of this part. The appeal from the decision of Judges or Stewards must be made in writing and must conform to all the requirements set forth in § 179.3 (relating to filings and appeals). All appeals shall also be accompanied by an appeal bond made payable to the Commission in the amount as determined by the Commission as set forth in § 179.7 (relating to request for hearing by applicant or licensee).
§ 179.42. Request for stay.
(a) The final determination or ruling by Judges or Stewards shall remain in full force and effect pending the final determination on the hearing, if granted. An aggrieved party, in addition to the written requirements set forth above for an appeal, may separately request a stay of the Judges’ or Stewards’ ruling or decision pending a final determination by the Commission. In accordance with § 175.6 or § 177.6 (relating to contents of petition for stay), the Bureau Director may, for good cause shown, grant a stay of the Judges’/Stewards’ ruling until the final determination by the Commission provided that sufficient facts are presented by affidavit to warrant the stay.
(b) Applications for a stay shall conform to the standards set forth in § 175.6 and § 177.6 of the Commission’s regulations. The decision to grant or refuse a request for a stay shall be based upon a balancing of the pertinent facts sworn to by applicant but shall be based upon the sound discretion of the Bureau Director to whom the application is addressed.
§ 179.43. Non-disqualifications not appealable.
The decision by the Judges or Stewards not to disqualify a horse after the running of a race has been declared official is final and may not be appealed to the Commission. This subsection is not applicable to disqualifications of horses resulting from medication or drug violations.
Cross References This section cited in 7 Pa. Code § 179.41 (relating to review and appeal).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
