Current through Register Vol. 54, No. 24, June 15, 2024
Section 165.175 - Action without prior hearing(a) When an application for license is to be refused prior to issuance of a temporary license, the same may be done without prior hearing. Notice of such a decision and of the basis therefor shall be given to the applicant or applicants at his, her, or their last known address.(b) When a temporary license is to be suspended or revoked after issuance, the same may be done without a prior hearing, provided that the holder or holders is given notice of such decision forthwith and is advised of his, her, or their privilege to demand a hearing before a State Steward within 24 hours by making such a request in writing to the State Steward at the track where the licensee has most recently been employed or has most recently run as of the time of the act complained of.(c) When the privilege of a permanent license is to be suspended or revoked, the holder shall be notified in the same manner as provided for a temporary license in subsection (b). Such a licensee shall, however, have the privilege to request the alternative of a hearing before the Executive Secretary or a duly designated Commission Hearing Officer within no less than 48 hours following receipt of application therefor in writing filed with the Executive Secretary. Such temporary suspension or revocation may be determined by the Executive Secretary or, at the request of the applicant, by the Commission. If the applicant requests a determination by the Commission, the same may, at the election of the applicant, be based upon completion of a formal transcript of such hearing or upon an informal summary prepared by the Executive Secretary. The same may also, at the election of the applicant, be as a result of either a formal or informal Commission meeting.(d) No permanent suspension, denial, or revocation of either a temporary or permanent license shall be ordered without granting notice of the privilege of requesting a full formal hearing under the provisions of this subchapter.(e) All such temporary denials, suspensions, or revocations shall be within the sound reasoned discretion of the State Steward, Executive Secretary of the Commission, and the reasons and basis for any such decision shall be set forth in writing and served upon the applicant(s) in the same manner as final decisions under § 165.184(a) (relating to decisions).(f) The initial notice of any such refusal, suspension, or revocation shall include sufficient detail as to inform an applicant with reasonable definiteness of the reasons and basis for the action taken. Such notice shall specifically advise the applicant of the appeal and review privileges set forth therein.(g) In the event any person already holding an occupational license shall cease to actively pursue that occupation for a period in excess of 30 days, such license may be suspended by the Stewards until the holder shall submit satisfactory evidence of a purpose to actively resume his occupation in racing.The provisions of this § 165.175 amended through November 24, 1978, effective 11/25/1978, 8 Pa.B. 3343. This section cited in 58 Pa. Code § 165.176 (relating to hearing on demand of applicant or licensee); and 58 Pa. Code § 165.216 (relating to illegal entries).