58 Pa. Code § 165.231 - Hearing rights
(a) The
Commission or an association licensed by the Commission shall have the right
and obligation to deny access to or to eject from facilities of a track a
patron or licensee whose presence or conduct is deemed detrimental to the best
interests of racing or to the orderly conduct of a racing meet.
(b) At the time of or immediately following
ejectment of or denial of access to a licensee, the association or Commission
agents acting therein shall advise the licensee in writing of his right to
demand a hearing by mailed service of the form of notice as shall from time to
time be prepared and supplied by the Commission. The form of notice shall be in
a form prepared by the Commission and shall be mailed to the most current
licensed address of the ejectee by certified return receipt mail.
(c) The notice shall advise the ejectee that
he shall have a right to demand a hearing upon the ejection if written demand
for the same is served upon the association in question and is received by the
executive offices of the Commission no later than 48 hours following receipt by
the ejectee of the notice confirming ejection. If an ejectee shall timely file
a demand for a hearing, the hearing shall be scheduled within 48 hours of the
time of receipt of the demand or as soon thereafter as possible. The hearing
shall be at the executive offices of the Commission. Notice of the date and
time of the hearing shall be forwarded to the most current licensed address of
the ejectee and to the executive office of the association.
(d) The hearing shall be scheduled and
conducted before a hearing officer to be designated by the Commission. The
hearings shall be held in an informal manner and shall be mechanically recorded
by the hearing officer. The hearing officer shall immediately upon conclusion
of the hearing prepare a detailed summary of the hearing for review by the
Commission. The rules of evidence as described in §
165.183(f)
(relating to Commission hearings) shall apply to the hearings.
(e) Persons attending or participating in
hearings shall comply with the following:
(1)
Persons attending or participating in the hearing shall be obligated to and
shall cooperate fully with the hearing officer and shall answer relevant
questions and supply relevant information that may be requested. A person shall
have the privilege of being represented by counsel of his choice and shall bear
the sole responsibility for insuring and seeing to the presence and
availability of the same at the time and place scheduled for the hearing. The
person shall have the right to examine and cross-examine witnesses and to see
written matters that are introduced into the record or used in evidence in the
course of a hearing. Matters so used shall become a permanent part of the
hearing file.
(2) If the ejectee
waives receipt of a completed transcript of the hearing, the Commission will
render a final summary report and decision no less than 48 hours following the
conclusion of the hearing. If the ejectee, the Commission, or a directly
interested party requests a completed transcript prior to decision, a final
decision shall then be rendered 48 hours following the receipt of the
transcript.
(f) The
Commission may eject a patron from the enclosure at any time. The patron,
however, shall be permitted a hearing regarding the ejection. However, the
scope of the hearing shall be limited to the question of whether the ejection
was arbitrary or capricious, in accordance with section 12.1 of the act (15 P.
S. § 2662.1(a)) (Repealed).
(g) A complete copy of the ruling shall
thereupon be served in the same manner as notice of the hearing.
(h) Other provisions of the provisions of
this part pertinent to hearing not inconsistent herewith shall otherwise be
applicable.
Notes
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