Section 165.215. Effective date of decisions

A decision rendered by the stewards shall only become effective 5 days after the ruling is served personally on the affected party or 5 days after the ruling has been sent by certified mail to the address given by the affected party in his license application unless the stewards shall find the delay to be contrary to the public interest. An affected party shall have the right to waive the delay in the effective date of a stewards’ ruling and may, by writing, consent to immediate effectuation of a sanction or order.

The provisions of this § 165.215 adopted November 24, 1978, effective November 25, 1978, 8 Pa.B. 3346.

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).