Section 189.24. Consideration of a Statement by the Commission and the State Horse Racing Commission

(a) The approval of the State Horse Racing Commission is necessary for the establishment of a nonprimary location in the secondary market area of a racetrack.

(b) The following procedures, in addition to those in § § 189.21—189.23 (relating to Nonprimary Location Statement; filing of a Statement; documentation required; and public hearing and public comment) apply when the approval of both the Commission and the State Horse Racing Commission is necessary as set forth in subsection (a):

(1) The Statement and information, documents and exhibits required to be submitted with the Statement shall be submitted to the Commission according to the schedule established in § 189.22.

(2) The Commission will consider the Statement in accordance with the schedule established in § 189.22 and will:

(i) Notify the State Horse Racing Commission of the scheduling of the public hearing as set forth in § 189.23.

(ii) Invite the State Horse Racing Commission to participate in the public hearing.

(iii) Permit the State Horse Racing Commission to review public comments received.

(iv) Provide one copy of the Statement to the State Horse Racing Commission.

(3) If the Commission approves Part I of the Statement, written notice of the approval will be given to the State Horse Racing Commission.

(4) The State Horse Racing Commission has 30 days from the date of the written notice required by paragraph (3) to deny approval of Part I of the Statement. The failure of the State Horse Racing Commission to deny approval of Part I of the Statement constitutes approval of Part I of the Statement.

(5) Upon the approval by the State Horse Racing Commission of Part I of the Statement, or the expiration of the 30-day denial period, and the submission of the information, documents and exhibits requested in Part II of the Statement, the Commission will begin consideration of Part II of the Statement.

(6) If the Commission approves Part II of the Statement, written notice of the approval will be given to the State Horse Racing Commission.

(7) The State Horse Racing Commission has 30 days from the date of the written notice required by paragraph (6) to deny approval of Part II of the Statement. The failure of the State Horse Racing Commission to deny approval of Part II of the Statement constitutes approval of the Statement by the State Horse Racing Commission.

(8) An order issued under this section may be executed by the Executive Secretary of the State Horse Racing Commission following the polling of the members of the State Horse Racing Commission by telephone. Action taken under this paragraph shall be ratified by the State Horse Racing Commission at its next public meeting.