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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

58 Pa. Code § 161.1. General powers of the Commission.

§ 161.1. General powers of the Commission.

 (a)  Under the act the Commission will have the power to supervise generally thoroughbred horse race meetings in the Commonwealth at which parimutuel betting is conducted. The Commission is invested with the power to enact appropriate rules and regulations necessary to effectuate the purposes and provisions of the act and to prevent circumvention or evasion thereof.

 (b)  The rules of racing as set forth in this part and amendments or additions thereto shall apply to corporations holding or conducting a meeting within this Commonwealth licensed by the Commission where thoroughbred racing for purposes of parimutuel wagering is conducted.

 (c)  The rules shall also apply to a participant in or patron of a licensed meeting and each shall be charged with notice of and be conclusively bound by the provisions hereof. The Commission may so amend or repeal these rules, in whole or in part. Licensees, participants and patrons shall be similarly charged and bound by modifications. Copies of the changes are available at the Commission office, at tracks or at the executive offices of the Commission in Harrisburg, Pennsylvania and will generally be published in the Pennsylvania Bulletin.

 (d)  Every license to hold a meeting is granted upon the condition that the licensee shall accept, observe and enforce the rules of the Commission. Furthermore, it shall be the duty of each officer, director and every official and employe of the licensee to observe and enforce the rules. Licensees are charged with the responsibility of reporting apparent violations of these rules to the Commission and of cooperating in an investigation into the same.

 (e)  The Commission may rescind or modify a penalty or decision on infraction of the rules imposed or made by the racing officials and may institute investigative or adjudicative proceedings on its own motion.

 (f)  The executive offices of the Commission are located at Room 304, Agriculture Building, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408, telephone (717) 787-1942. In addition, Commission representatives will be on duty at each track during the conduct of sanctioned race meetings.

Notes of Decisions

   Forfeiture of Purse Money

   The power of the Commission, under subsection (e) to rescind or modify any penalty or decision imposed or made by the racing officials does not supercede the more specific provisions of 58 Pa. Code §  163.303(c), which requires forfeiture of purse money under certain circumstances. Bush v. State Horse Racing Commission, 466 A.2d 254 (Pa. Cmwlth. 1983).

   Notice of Rules

   Every licensee is charged with notice of, and is conclusively bound by, the rules and regulations of the Horse Racing Commission. Pinero v. State Horse Racing Commission, 804 A.2d 131 (Pa. Cmwlth. 2002).

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