§ 185.12. Grounds for refusal, denial, suspension or revocation of license.
(a) In accordance with the provisions of section 9323(g) of the act (relating to occupational licenses for individuals) the following shall apply:
(1) The Commission may not issue a license under this section to an individual who has been convicted in a jurisdiction of a felony offense, a misdemeanor gambling offense or a fraud or misrepresentation in connection with horse racing or breeding, unless 15 years has passed from the date of conviction of the offense.
(2) Following expiration of a period applicable to an applicant under paragraph (1), in determining whether to issue a license to an applicant, the Commission shall consider the following factors:
(i) The nature of the applicant’s involvement with horse racing.
(ii) The nature and seriousness of the offense or conduct.
(iii) The circumstances under which the offense or conduct occurred.
(iv) The age of the applicant when the offense or conduct occurred.
(v) Whether the offense or conduct was an isolated or a repeated incident.
(vi) Any evidence of rehabilitation, including good conduct in the community, counseling or psychiatric treatment received and the recommendations of persons who have substantial contact with the applicant.
(b) The Commission may deny an application for a license or suspend, revoke or refuse to renew a license issued under this section if it determines that the applicant or licensee meets any of the following:
(1) Has been convicted of any violation or attempts to violate any law, rule or regulation of horse racing in any jurisdiction.
(2) Has been convicted of an offense under 18 Pa.C.S. Subchapter B, § § 5531—5561 (relating to cruelty to animals) (as amended).
(3) Has violated a rule, regulation or order of the Commission.
(4) Has been convicted in any jurisdiction of an offense related to fixing or rigging horse races including 18 Pa.C.S. § 4109 (relating to rigging publicly exhibited contest) or § 7102 (relating to administering drugs to race horses) or any similar crime in any other jurisdiction, unless the conviction has been overturned on appeal under the laws of the jurisdiction of the original finding or a pardon has been issued.
(5) Has not demonstrated by clear and convincing evidence that the applicant or licensee:
(i) Is a person of good character, honesty and integrity.
(ii) Is a person whose prior activities, criminal record, if any, reputation, habits and associations:
(A) do not pose a threat to the public interest or the effective regulation and control of horse racing.
(B) do not create or enhance the danger of unsuitable, unfair or illegal practices, methods and activities in the conduct of horse racing or the carrying on of the business and financial arrangements incidental to the conduct of horse racing.
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