Section 163.57. Suspension or revocation of license

The Commission may suspend or revoke a license, or the stewards may suspend a license issued under this section, if it determines that:

(1) The applicant or licensee:

(i) Has been convicted of a crime involving moral turpitude.

(ii) Has engaged in bookmaking or another form of illegal gambling.

(iii) Has been found guilty of fraud in connection with racing or breeding.

(iv) Has been guilty of a violation or attempt to violate a law, rule or regulation of a racing jurisdiction for which suspension from racing might be imposed in the jurisdiction.

(v) Has violated a rule, regulation or order of the Commission.

The provisions of this § 163.57 amended July 14, 1972, effective July 15, 1972, 2 Pa.B. 1341.

Notation

Notes of Decisions

The defense of entrapment is available in proceedings before administrative agencies as well as in judicial proceedings, where a jockey’s license revocation was based on his dealings with another jockey who was being motivated and manipulated by the investigating officers so as to persuade or induce, the revocation must be reversed. Smith v. Horse Racing Commission, 501 A.2d 303 (Pa. Cmwlth. 1985); remand 535 A.2d 596 (Pa. 1988).

Cross References

This section cited in 58 Pa. Code § 163.251 (relating to general provisions).