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§ 9323. Occupational licenses for individuals

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 3 Pa.C.S.A. AgricultureEffective: August 28, 2017

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 3 Pa.C.S.A. Agriculture
Part VIII. Horse Racing (Refs & Annos)
Chapter 93. Race Horse Industry Reform (Refs & Annos)
Subchapter B. Racing Oversight
Effective: August 28, 2017
3 Pa.C.S.A. § 9323
Formerly cited as PA ST 4 P.S. § 325.213;  PA ST 71 P.S. § 720.43
§ 9323. Occupational licenses for individuals
Currentness
(a) General rule.--The commission shall develop a licensing or other classification system for the regulation of racing vendors, trainers, jockeys, drivers, horse owners, backside area employees and other individuals participating in horse racing and all other persons required to be licensed as determined by the commission. The license shall not be a property right.
(b) Fee.--The commission shall fix and may establish classes for application fees to be paid by individuals. A license fee shall not exceed $500. All fees shall be paid to the commission and deposited into the State Racing Fund.
(c) Application.--The application for a license shall be in the form and contain the information as the commission may require.
(d) Renewal.--All licenses shall be subject to renewal every three years upon application and review. Nothing in this chapter shall be construed to relieve a licensee of the affirmative duty to notify the commission of any changes relating to the status of its license or to any other information contained in the application materials on file with the commission. The application for renewal shall be submitted at least 60 days prior to expiration of the license and shall include an update of the information contained in the initial application and any prior renewal applications and the payment of any renewal fee required by the commission. A license for which a completed renewal application and fee, if required, has been received by the commission shall continue in effect unless and until the commission sends written notification to the holder of the license that the commission has denied the renewal of the license.
(e) Licenses.--The commission may issue any of the following:
(1) A temporary license for four months within a 12-month period pending a final determination.
(2) A conditional license upon the terms and conditions as necessary to administer this chapter.
(f) Processing and issuance.--The commission shall adopt regulations to fix the manner by which licenses are processed and issued.
(g) Action on applications.--The following shall apply:
(1) The commission may not issue a license under this section to an individual who has been convicted in a jurisdiction of a felony offense, a misdemeanor gambling offense or a fraud or misrepresentation in connection with horse racing or breeding, unless 15 years has passed from the date of conviction of the offense.
(2) Following expiration of a period applicable to an applicant under paragraph (1), in determining whether to issue a license to an applicant, the commission shall consider the following factors:
(i) The nature of the applicant's involvement with horse racing.
(ii) The nature and seriousness of the offense or conduct.
(iii) The circumstances under which the offense or conduct occurred.
(iv) The age of the applicant when the offense or conduct occurred.
(v) Whether the offense or conduct was an isolated or a repeated incident.
(vi) Any evidence of rehabilitation, including good conduct in the community, counseling or psychiatric treatment received and the recommendations of persons who have substantial contact with the applicant.
(g.1) Denial.--The commission may deny an application for a license or suspend, revoke or refuse to renew a license issued under this section if it determines that the applicant or licensee meets any of the following:
(1) (Reserved).
(2) Has been convicted of any violation or attempts to violate any law, rule or regulation of horse racing in any jurisdiction.
(3) Has been convicted of an offense under 18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to animals).1
(4) Has violated a rule, regulation or order of the commission.
(5) Has been convicted in any jurisdiction of an offense related to fixing or rigging horse races, including 18 Pa.C.S. § 4109 (relating to rigging publicly exhibited contest) or 7102 (relating to administering drugs to race horses), or any similar crime in any other jurisdiction, unless the conviction has been overturned on appeal under the laws of the jurisdiction of the original finding or a pardon has been issued.
(6) Has not demonstrated by clear and convincing evidence that the applicant or licensee:
(i) Is a person of good character, honesty and integrity.
(ii) Is a person whose prior activities, criminal record, if any, reputation, habits and associations:
(A) Do not pose a threat to the public interest or the effective regulation and control of horse racing.
(B) Do not create or enhance the danger of unsuitable, unfair or illegal practices, methods and activities in the conduct of horse racing or the carrying on of the business and financial arrangements incidental to the conduct of horse racing.
(h) Inspection.--The commission shall have the right to inspect all contracts directly affecting the administration of the racing product and wagering activities between a secondary pari-mutuel organization, licensed racing entities and racing vendors for goods and services. The commission shall adopt regulations to require racing vendors to disclose all principal owners and officers and a description of their interests in the vendors' businesses. Failure to disclose this information shall constitute grounds to deny, to revoke or to suspend any racing vendor's license issued under this chapter.
(i) Revocation or failure to renew.--In the event of a revocation or failure to renew, the licensee's authorization to conduct previously approved activity shall immediately cease and all fees paid in connection therewith shall be deemed to be forfeited. In the event of a suspension, the applicant's authorization to conduct the previously approved activity shall immediately cease until the commission has notified the applicant that the suspension is no longer in effect.
(j) Hearings.--The commission may suspend a license under subsection (i) pending a hearing on the matter, which must occur within 10 days of the suspension. The commission or its director may grant a supersedeas, if requested, pending a final resolution of the matter.
(k) (Reserved).
(l) Criminal action.--
(1) Each district attorney shall have authority to investigate and to institute criminal proceedings for a violation of this chapter.
(2) In addition to the authority conferred upon the Attorney General under the act of October 15, 1980 (P.L. 950, No. 164),2 known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and, following consultation with the appropriate district attorney, to institute criminal proceedings for a violation of this chapter. A person charged with a violation of this chapter by the Attorney General shall not have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.
(m) Regulatory action.--Nothing contained in subsection (l) shall be construed to limit the existing regulatory or investigative authority of an agency or the Commonwealth whose functions relate to persons or matters within the scope of this part.
(n) Inspection, seizure and warrants on racetrack enclosures.--
(1) The commission, the Attorney General and the Pennsylvania State Police shall have the authority without notice and without warrant to do all of the following in the performance of their duties:
(i) Inspect and examine all premises where horse racing is conducted or where records of these activities are prepared or maintained.
(ii) Inspect all equipment and supplies in, about, upon or around premises referred to in subparagraph (i).
(iii) Seize, summarily remove and impound equipment and supplies from premises referred to in subparagraph (i) for the purposes of examination and inspection.
(iv) Inspect, examine and audit all books, records and documents pertaining to a licensee's operation.
(v) Seize, impound or assume physical control of any book, record, ledger or device.
(2) The provisions of paragraph (1) shall not be deemed to limit warrantless inspections except in accordance with constitutional requirements.

Credits

2016, Oct. 28, P.L. 913, No. 114, § 4, imd. effective. Amended 2017, June 28, P.L. 215, No. 10, § 1, effective in 60 days [Aug. 28, 2017].

Footnotes

1
18 Pa.C.S.A. § 5531 et seq.
2
71 P.S. § 732-101 et seq.
3 Pa.C.S.A. § 9323, PA ST 3 Pa.C.S.A. § 9323
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document