Title 58--RECREATION HARNESS RACING COMMISSION [58 PA. CODE CH. 183] Corrective Amendment to 58 Pa. Code § 183.292(c) [26 Pa.B. 3636] The Harness Racing Commission has discovered a discrepancy between the agency text of 58 Pa. Code § 183.292(c), as deposited with the Legislative Reference Bureau and published at 7 Pa.B. 524 (February 26, 1977), and the official text as published in the Pennsylvania Code Reporter (November, 1980) and as currently appearing in the Pennsylvania Code. Subsection (c) was codified incorrectly.
Therefore, under 45 Pa.C.S. § 901: The Harness Racing Commission has deposited with the Legislative Reference Bureau a corrective amendment to 58 Pa. Code § 183.292(c). The corrective amendment to 58 Pa. Code § 183.292(c) is effective as of November 1980, the date the defective official text was published in the Pennsylvania Code.
The correct version of 58 Pa. Code § 183.292(c) appears in Annex A.
Annex A TITLE 58. RECREATION PART V. HARNESS RACING COMMISSION CHAPTER 183. RULES OF RACING § 183.292. Breaking.
(a) When a horse breaks from its gate in trotting or pacing, the driver shall at once, where clearance exists, take the horse to the outside and pull it to its gate.
(b) The following shall be considered violations of section 12Q:
(1) Failure to properly attempt to pull the horse to its gait.
(2) Failure to take the outside where clearance exists.
(3) Failure to lose ground by the break.
(c) If there has been no failure on the part of the driver in complying with subsection (b)(1)--(3), the horse may not be set back unless a contending horse on his gait is lapped on the hind quarter of the breaking horse at the finish.
(d) The Judges may set any horse back one or more places if in their judgment any of the above violations have been committed, and the driver may be penalized.
[Pa.B. Doc. No. 96-1252. Filed for public inspection August 2, 1996, 9:00 a.m.]
