Section 165.204. Contents of notice

The notice required by § 165.201 (relating to general power of stewards) shall:

(1) Informally and generally describe the nature of the infraction or violation charged.

(2) State the time and place of hearing.

(3) Notify the party of his right to have counsel or an observer of his choice and that he bears the sole responsibility for securing and insuring the presence of the same.

(4) Provide for the right to waive transcription of testimony at the hearing.

Notation

Notes of Decisions

An apprentice jockey who had his license suspended for use of illegal drugs without a hearing did not have his due process rights violated because he was given notice and an opportunity to challenge the suspension in a hearing before the Stewards, with the opportunity to be represented by counsel who cross-examined witnesses against him. Luzzi v. Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1988).

Cross References

This section cited in 58 Pa. Code § 165.216 (relating to illegal entries).