7 Pa. Code § 175.7 - Circumstances affecting grant or denial

(a) The Bureau Director, in granting or denying a stay, will be guided by prevailing case law and precedent. The factors to be weighed include the following:

(1) The applicant is likely to prevail at the ultimate hearing on the merits;

(2) The applicant will sustain irreparable harm without the stay;

(3) The issuance of the stay will not substantially harm other interested parties in the proceedings.

(4) The issuance of a stay will not adversely affect the public interest.

(b) A stay will not be issued if injury to the health, safety and welfare of a horse, licensee or other racing participant exists or is threatened during the period when the stay would be in effect.

(c) In granting a stay, the Bureau Director may impose specific conditions in the stay that are reasonably warranted by the circumstances.

Notes

7 Pa. Code § 175.7