205 Mass. Reg. 149.03

Current through Register 1523, June 7, 2024
Section 149.03 - Notice to Commission of Intent to Discontinue Racing
(1) A harness racing association or horse racing association shall provide the commission at least 30 days prior written notice of its intent to take any of the following actions:
(a) To discontinue harness races or horse races for the remainder of a harness meeting or horse meeting;
(b) To permanently discontinue harness races or horse races;
(c) To close a race track used for harness races or horse races;
(d) To abandon or relinquish a license;
(e) To not apply for the renewal of a license; or
(f) To transfer a race track to any other entity.
(2) Upon receipt of a written notice of intent pursuant to 205 CMR 149.03(1), or upon learning that the harness racing association or horse racing association has failed to timely notify the commission pursuant thereto or that any event described in 205 CMR 149.03(1)(a) through (f) has occurred or will occur, the commission may take one or more of the following actions:
(a) Hold a public hearing to determine:
1. whether monies from the race horse development fund which the harness racing association or horse racing association would have received pursuant to M.G.L. c. 23K, § 60, should be placed in a racing escrow account for distribution pursuant to 205 CMR 149.04;
2. whether to transfer monies from the race horse development fund which the harness racing association or horse racing association would have received pursuant to M.G.L. c. 23K, § 60 to a different harness racing association or horse racing association;
3. whether to transfer the harness racing association's or horse racing association's license to a different harness racing association or horse racing association;
4. whether to take any other action within its authority to protect:
a. the interests of the commonwealth;
b. employees or former employees of the harness racing association or horse racing association;
c. harness racing horsemen and horse racing horsemen; and
d. the intended beneficiaries of the race horse development fund, any other fund established pursuant to M.G.L. c. 23K, 128A or 128C, and any other fund to which the harness racing association or horse racing association was required to contribute.
(b) Require the harness racing association or horse racing association to pay to the commission any amounts required pursuant to the terms of its license, M.G.L. c. 23K, 128A, and 128C, and 205 CMR 149.00 including, without limitation, all unclaimed winnings and breaks, assessments, taxes, and fees.

205 CMR 149.03

Emergency Adopted, eff. 11/21/2014.
Amended by Mass Register Issue 1284, eff. 11/21/2014.
Amended by Mass Register Issue 1314, eff. 6/3/2016.