Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

58 Pa. Code § 163.6. Reporting and penalties for violation of rules.

§ 163.6. Reporting and penalties for violation of rules.

 (a)  A person licensed by the Commission or properly brought before it as a witness in an investigative, adjudicative or rulemaking hearing who is in possession of information regarding attempts or acts done in violation of this chapter or statute affecting racing, shall promptly report the knowledge or information to the stewards, the Commission or its licensed security personnel. Failure to report may result in the imposition of disciplinary actions that the stewards or the Commission deems appropriate.

 (b)  Violators of this chapter will be subject to ejection from the grounds and to fine, suspension or ruling off.

 (c)  The stewards may fine, suspend or rule off a person who, in their opinion, has acted to the detriment of racing or violated the rules.

 (d)  The Commission may refuse to issue or renew a license or may suspend or revoke a license issued if it finds that the applicant, or a person who is a partner, agent, employe or associate of the applicant has done any of the following:

   (1)  Has been convicted of a crime in a jurisdiction.

   (2)  Is under an order of suspension or revocation, has been denied a license or has been ruled off by any racing commission or board of stewards.

   (3)  Is associating with a person who has been convicted of a crime in any jurisdiction.

   (4)  Has consorted with bookmakers, touts or persons of similar pursuits, or has engaged in similar pursuits.

   (5)  Is financially irresponsible.

   (6)  Has been guilty of or attempted fraud or misrepresentation in connection with racing, breeding or otherwise.

   (7)  Has violated or attempted to violate a law with respect to racing in any jurisdiction or a rule, regulation or order of the Commission.

   (8)  Has violated a rule of racing adopted by the Commission.

   (9)  Has engaged in similar practices as set forth in this subsection.

Source

   The provisions of this §  163.6 adopted February 4, 1977, effective February 5, 1977, 7 Pa.B. 390.

Notes of Decisions

   Sufficiency of Evidence

   Section 163.6(d), unlike §  165.96(a) does not require that a licensee have knowledge that he is associating with an individual who has been convicted of a crime. Luzzi v. State Horse Racing Commission, 548 A.2d 659, 669 (Pa. Cmwlth. 1988).

   Evidence that the licensee told investigators that he was approached by others to take money as part of a race-fixing scheme was sufficient to justify the Commission’s suspension. Pinero v. State Horse Racing Commission, 804 A.2d 131 (Pa. Cmwlth. 2002).



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.