The Massachusetts Gaming Commission, hereinafter called the
Commission, was created by an act of the Legislature of the Commonwealth of
Massachusetts in the year 2011. M.G.L. c. 23K as inserted by St. 2011, c. 194,
§ 16 and amendments states that the Commission shall have full power to
prescribe rules, regulations and conditions under which all horse races or
horse racing meetings shall be conducted in the Commonwealth.
205 CMR 4.00, applies to all
persons or individuals, associations or corporations, which shall hold or
conduct any running horse racing meeting within the Commonwealth of
Massachusetts licensed by the Commission, where horse racing shall be permitted
for any stake, purse or reward and the definitions here given are to be
considered in connection with
205 CMR
4.00 and as a part of it.
All licensees and participants are charged with knowledge of
205 CMR
4.00. No licensee or other persons shall engage in his
or her occupation at any Massachusetts running horseracing track without first
reading
205 CMR
4.00.
Should any question arise as to the meaning of any rule or
regulation, the Commission or its representatives will be available to provide
an explanation.
Every license to hold a meeting is granted upon the condition
that the licensee shall accept, observe and enforce
205 CMR
4.00. Furthermore; it shall be the duty of each and
every officer, director and every official and employee of said licensee to
observe and enforce
205 CMR
4.00.
Any and all of
205 CMR
4.00 may be amended, altered, repealed or supplemented
by new and additional rules.
The Commission may make exceptions or waive any rule or rules
in individual instances as in its judgment it may deem proper.
The Commission may rescind, modify or increase any penalty or
decision on infraction of the rules imposed or made by the racing
officials.
The laws of the Commonwealth of Massachusetts and
205 CMR
4.00 supersede the conditions of a race, or the
regulations of race meeting.
205 CMR 4.00 is supplemented
by the State Administrative Procedure Law found in M.G.L. c. 30A. M.G.L. c. 30A
provides the procedures that must be followed by all state agencies on such
matters as the amending process and the adjudicatory procedure. Under M.G.L. c.
30A any interested party has the right to attend all hearings conducted by the
Commission for the purpose of the adoption or amendment of any rule or
regulation. The Commission shall afford any interested person an opportunity to
present data, views or arguments in regard to any proposed rule change. Upon
written notice to the Commission, a person may request the adoption, amendment
or repeal of any regulation with an opportunity to present data, views or
arguments in support of such request.
If a dispute should arise concerning a ruling by a steward or
other racing official, any party affected by such ruling has a right to an
appeal to the Commission in accordance with the provisions of
205
CMR 101.02
The rules on pari-mutuel wagering are located in an entirely
separate rulebook entitled 205 CMR 6.00 Pari-mutuel Rules
for Horse Racing, Harness Horse Racing and Greyhound
Racing.
