Section 165.205. Testimony

Testimony at a hearing shall be given under affirmation or oath and a record shall be made of the hearing, either by use of a tape recorder or by the transcript of the court reporter. The party charged with a violation may, however, waive the recording and transcribing of the testimony. The Stewards may not be required to receive testimony under oath in cases where their ruling is based solely upon a review of the video tapes of a race. A party may request a viewing of the film in the presence of the Stewards at the hearing and be given an opportunity to state his own interpretation of the same.

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).