Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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

58 Pa. Code § 163.481. Review and appeal.

REVIEW AND APPEAL


§ 163.481. Review and appeal.

 (a)  The Commission may investigate and review a decision or ruling of the stewards or other racing official, upon its own motion or upon the written request of an aggrieved party. In the latter case, the appeal from the decision or ruling of the stewards or racing official shall be made in writing within 10 days from the oral or written notice of the decision or ruling, whichever first occurs. The appeal shall be sworn to before a notary public or one of the stewards of the meeting, and shall set forth briefly the alleged offense and penalty imposed and the reasons believed by the appellant to warrant a review of the decision by the Commission. Hearings on the appeals shall be in accordance with the hearing procedures set forth in Chapter 165 (relating to administrative rules).

 (b)  An appeal of a decision involving entries, qualifications, weights, conditions or the time or length of a race or the running thereof or an other decision arising under §  163.281 (relating to objections or protests) shall be made by filing a written appeal therefrom prepared in the manner prescribed in §  165.213 (relating to notice of penalty) and filed and received by the Commission no later than 48 hours after time of closing of entries for the race.

Source

   The provisions of this §  163.481 amended through August 26, 1977, effective August 27, 1977, 7 Pa.B. 2409.

Notes of Decisions

   There is no time requirement as to when the Commission must hold a hearing on an appeal of the suspension of a jockey’s license. Luzzi v. State Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1988).

Cross References

   This section cited in 58 Pa. Code §  165.179 (relating to service and filing of papers).



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