Subchapter D. EJECTION MATTERS EXPEDITED HEARING PROCEDURES
Sec.
179.91. General purpose.
179.92. Definitions.
179.93. Written ejection notices.
179.94. Request for a hearing.
179.95. Notice and location of hearing.
179.96. Conduct of hearing.
179.97. Appeals to Commonwealth Court.
179.98. Disinterested party status on appeal to Commonwealth Court.§ 179.91. General purpose.
The sections set forth below are intended to govern the expedited practice and procedures before the Commission solely regarding the ejection from or the refusal of admission to a licensed racetrack facility or a racetrack enclosure. An ejection or refusal of admission are governed by section 9326(a) of the act (relating to admission to racetrack). The following sections are intended to supersede the applicability of 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) to practice and procedure before the Commission.
§ 179.92. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Adjudication—The written order, decree, decision, determination or ruling by the Commission affecting the personal or property rights, privileges, immunities, duties, liabilities or obligations of the parties to the proceeding in which the adjudication is made.
Commissioner or Presiding Officer—A member of the Commission or other person designated by the Commission to conduct the proceeding.
Decision—The determination from the bench by the Commission affirming, reversing or modifying the ejection or refusal, or both, of admission action immediately upon the closing of the evidentiary record of the proceeding.
Ejectee—An individual ejected from or refused admission to, or both, the racetrack enclosure under section 9326 of the act.
Ejection or Refusal of Admission—The action taken by a licensed racing entity to refuse admission to the grounds of the racetrack enclosure or the physical removal of a licensee from the grounds of the racetrack enclosure as provided by section 9326 of the act (relating to admission to racetrack).
Ejection Notice—Written notification issued by a licensed racing entity to an individual licensed by the Commission of the ejection or refusal, or both, of admission of that individual from the racetrack enclosure, the enumerated reasons for this action and the term of ejection.
Licensed Racing Entity—A person that has obtained a license to conduct live thoroughbred or harness horse race meetings respectively with pari-mutuel wagering from the Commission.
Party—A person who is named in or admitted to the proceeding and who has a direct interest in the subject matter of the proceeding.
Term of ejection—The specific period of time set forth by the licensed racing entity in the written notice of ejection/denial of admission for which the ejectee is prohibited from entering the licensed racetrack facility.§ 179.93. Written ejection notices.
(a) A licensed racing entity may refuse admission to or eject, or both, from the racetrack enclosure operated by the licensed racing entity, any person licensed by the Commission and employed at an occupation at the racetrack, if the person’s presence is deemed detrimental to the best interests of horse racing and after citing the reasons for the determination in writing.
(b) The written notice shall also advise the ejectee of that person’s right to request a hearing before the Commission no later than 48 hours following receipt of the written ejection notice. The written ejection notice shall include the address of the Commission and the address of the licensed racing entity.
(c) Failure by the licensed racing entity to provide written notice of the refusal of admission or ejection of the licensed individual shall be grounds for the Commission to issue a show cause order requiring a response and justification by the licensed racing entity.
§ 179.94. Request for a hearing.
(a) The person ejected or refused admission to the racetrack enclosure may request a hearing before the Commission, if the request:
(1) Is in writing;
(2) Is received by the Bureau Director in the Executive Office of the Commission (Office of the Clerk) within 48 hours of receipt of the written notice of ejection or refusal of admission, or both; and
(3) Sets forth a concise statement of all grounds upon which a hearing is requested.
(b) Each Bureau Director shall review the timeliness and appropriateness of the request for a hearing. Any appeal deemed untimely shall be dismissed.
(c) A request for a stay, if any, shall be granted by the respective Bureau Director, unless the Bureau Director finds that the stay is not in the best interest of racing or presents a threat to public safety. Any stay granted shall continue until the time that the Commission renders a final written decision in the matter.
(1) An ejectee who requests a stay must provide notice of the request to the licensed racing entity that issued the notice of ejection/refusal of admission and provide proof of service of the notice to the respective Bureau Director. No stay request may be granted until 24 hours after the Bureau Director’s receipt of proof of service under this paragraph.
(2) The licensed racing entity may submit a written answer and supporting documentation in opposition to the request for a stay to the Bureau Director.
(3) All written notices, proof of service or answers to stay referenced in this subsection may be electronically filed with the Bureau Director after the initial appeal request.
(d) No appeal shall be granted or heard regarding the purported denial of horse entries by a licensed racing entity.
§ 179.95. Notice and location of hearing.
(a) All ejection or refusal of admission hearings shall be scheduled for and conducted at the next duly scheduled public meeting of the Commission subject to the notice provision under subsection (b). The hearing shall take place at the location of the Commission’s public meeting. If scheduling the hearing for the next duly scheduled public meeting of the Commission does not afford the appropriate notice, the hearing shall be scheduled for the following duly scheduled public meeting.
(b) The parties to the proceedings shall be provided at least 5 days written notice of the specific location, date and time of the Commission public meeting at which the ejection hearing will take place.
(c) Hearings will not be continued except for compelling reasons, as determined by the Commission, in its sole discretion. Any request for a continuance must be submitted in writing setting forth the compelling reasons to the Commission.
§ 179.96. Conduct of hearing.
(a) The Commission shall preside over the course and conduct of the matter directly. The Commission may, however, in its discretion, designate or appoint a Commissioner or other qualified person to serve as the presiding office in the particular matter.
(b) Hearings may provide for:
(1) Receipt of sworn testimony.
(2) Receipt of all relevant oral or documentary evidence.
(3) Opportunity for parties to be heard.
(4) A complete evidentiary record.
(c) The Commissioners or the presiding officer, or both, shall have the power and authority to do the following:
(1) Regulate the course of the hearing, including recessing, reconvening or adjournment thereof.
(2) Administer oaths and affirmations.
(3) Issue subpoenas.
(4) Rule upon offers of proof and receive evidence.
(5) Dispose of motions made during the hearing to dismiss the proceedings or other motions which involve the final determination of the proceedings.
(6) Take any other action necessary and appropriate to discharge their duties as may be designated by the Commission.
(7) Affirm, reverse or modify the term of ejection based upon the underlying factors for the ejection and the evidence of record.
(d) All ejection/refusal of admission hearings shall be stenographically recorded.
(e) Given the expedited nature of the proceeding and limited duration of a stay, if applicable, the parties shall not be afforded the opportunity to submit written briefs, except upon extraordinary circumstances presented and in the Commissioners’ sole discretion.
(f) An oral decision and order shall be made and entered immediately by the Commission upon the closing of the evidentiary record as introduced at the hearing.
(g) Within 15 days from the issuance of the Commission’s oral decision and receipt of the hearing transcript, a written adjudication supporting its decision and order shall be issued to the parties. The Commission’s evidentiary record will be closed upon the receipt of the hearing transcript.
(h) Any stay of enforcement previously granted by the Commission under § 179.34(c) (relating to votes of Judges or Stewards) shall terminate upon the issuance of the Commission’s written adjudication.
(i) This section supersedes 1 Pa. Code § § 35.185—35.190 (relating to presiding officers) and 1 Pa. Code Chapter 35, Subchapter B (relating to hearings and conferences).
§ 179.97. Appeals to Commonwealth Court.
(a) A party may appeal the final order and written adjudication of the Commission to the Commonwealth Court within 30 days of the receipt of the written determination in accordance with the provisions of Rules of Appellate Procedure.
(b) The filing of a Petition for Review with the Commonwealth Court will not automatically stay enforcement of the decision or final order of the Commission unless a separate stay is obtained from the court upon application in accordance with the Rules of Appellate Procedure.
Cross References This section cited in 7 Pa. Code § 179.98 (relating to disinterested party status on appeal to Commonwealth Court).
§ 179.98. Disinterested party status on appeal to Commonwealth Court.
The Commission is not an aggrieved party as contemplated by 2 Pa.C.S. § 702 (relating to Administrative Agency Law) and shall be deemed a disinterested party in ejection or refusal of admission matters subsequently appealed, by either party, to the Commonwealth Court under § 179.97(a) (relating to appeals to Commonwealth Court). In accordance with Pa.R.A.P. 1513(a), as a disinterested party, the Commission shall not be named in the caption or listed as the Respondent on Appellant’s Petition for Review.
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