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 § 163.342. Report and investigation of protests and complaints.

§ 163.342. Report and investigation of protests and complaints.

 (a)  A horse whose starting is obligatory is expected to run the course. The stewards may order the withdrawal of a horse up to the actual start of a race to protect the public interest.

 (b)  The stewards shall investigate promptly and render a decision in every protest and complaint properly made to them.

 (c)  The stewards shall report protests and complaints to the Commission promptly, and shall make prompt report to the Commission of their decision. Unusual or substantial complaints shall be reported to the Commission during their pendency. A record of the status of complaints, protests, proceedings and investigations shall be maintained with the Commission.

 (d)  The stewards shall, after the closing of each day, file with the Commission a signed report of infractions of this chapter coming under their observance that day, of excusings of horses after scratch time, of other pertinent incidents occurring during the day and shall file with the Commission a complete copy of the rulings and decisions made.

 (e)  During the term of suspension of a jockey, owner, trainer or other person on a race track under the jurisdiction of the Commission, the stewards shall have the power and duty to see that the validation of the offender is taken up and that he is refused admission to the course during the full term of suspension. A person under suspension for an offense not involving fraud, moral turpitude or willfull misconduct may be permitted the privileges or limited or conditional privileges of the grounds during a period of suspension.

 (f)  Except in emergencies, a steward may not grant permission for a change of horses’ equipment after scratch time on the day of the race in which the changed equipment is to be carried.

 (g)  In case of accident or casualty to a horse before off time, the stewards may excuse the horse.

 (h)  The stewards shall report protests and complaints to the Commission promptly, and shall make prompt report to the Commission of their decision.

 (i)  The stewards shall, after the closing of each day, file with the Commission a signed report of infractions of the rules coming under their observance that day; and file with the Commission rulings on infractions or otherwise, as soon as the rulings are made.

 (j)  During the term of suspension of a jockey, owner, trainer or other person on a race track under the jurisdiction of the Commission, it shall be the duty of the stewards to see to it that the badge of the offender is taken up and that he is refused admission to the course. A person under suspension for an offense not involving fraud or moral turpitude may be permitted the privileges of the grounds during the period of his suspension.

 (k)  In case of suspension or fine by the stewards of owners, trainers or other persons holding an occupational or participational license, a final order may be entered by the Commission, which may either sustain the ruling of the stewards, increase the penalty, reinstate the offender, or otherwise modify the penalty, as it believes appropriate to the circumstances.

Source

   The provisions of this §  163.342 amended through April 11, 1979, effective April 14, 1979, 9 Pa.B. 1306.

Notes of Decisions

   The provisions of 58 Pa. Code §  163.342(k) are applicable only to suspensions or fines, and not to the sanction of forfeiture of a purse. Bush v. Commonwealth Horse Racing Commission, 466 A.2d 254 (Pa. Cmwlth. 1983).



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