Pennsylvania § 9312 - Additional powers of commission.

§ 9312. Additional powers of commission.

The commission shall regulate horse racing at which pari-mutuel wagering is conducted and approve the number of racing days allocated to each licensed racing entity. In addition to any other powers of the commission:

(1) The commission shall promulgate regulations regarding medication rules as required under Subchapter E (relating to medication rules and enforcement provisions).

(2) The following shall apply:

(i) The commission shall require an applicant under this chapter to submit to fingerprinting for a report of Federal criminal history record information.

(ii) The applicant must submit a full set of fingerprints to the Pennsylvania State Police or the Pennsylvania State Police's authorized agent for the purpose of a record check. The Pennsylvania State Police or the Pennsylvania State Police's authorized agent must then submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions.

(iii) The commission shall consider information obtained under this paragraph for the purpose of screening applicants for fitness for licensure in accordance with the provisions of this chapter.

(iv) National criminal history record information received by the commission shall be handled and maintained in accordance with Federal Bureau of Investigation policy.

(v) Fingerprints obtained under this paragraph may be maintained by the commission and Pennsylvania State Police to enforce this chapter and for general law enforcement purposes.

(vi) In addition to any other fee or cost assessed by the commission, an applicant must pay for the cost of the fingerprint process.

(vii) The commission may exempt applicants for positions not related to the care or training of horses, racing, wagering, security or the management of a licensed racing entity from the provisions of this chapter.

(3) Within 90 days of the effective date of this section, the commission must adopt and publish a comprehensive fee schedule in the Pennsylvania Bulletin. Two years following the effective date of this section, the commission may adopt regulations to annually increase any fee, charge or cost authorized under this chapter.

(4) The commission or designated employee of the commission shall have the power to administer oaths and examine witnesses and may issue subpoenas to compel attendance of witnesses and production of all relevant and material reports, books, papers, documents, correspondence and other evidence related to regulation and enforcement of horse racing under this chapter.

(5) The commission's consideration and resolution of all license or other regulatory administrative actions shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure) or with procedures adopted by order of the commission. Notwithstanding 2 Pa.C.S. §§ 504 (relating to hearing and record) and 505 (relating to evidence and cross-examination), the commission may adopt procedures to provide parties before it with a documentary hearing and may resolve disputed material facts without conducting an oral hearing where constitutionally permissible.

(6) The commission may adopt national standards from other racing jurisdictions or commission-approved trade organizations to establish:

(i) uniform drug threshold levels;

(ii) consistent sanctions for drug testing violations; and

(iii) a system to monitor advanced deposit wagering and online pari-mutuel wagering company activities.

(7) The commission may issue grants from the annual appropriations to race horse rescue and rehabilitation programs operating within this Commonwealth.

(8) The commission shall direct and oversee that each licensed racing entity's racetrack surface is maintained in such a way as to maximize the safety of the horse, jockey or driver. The commission may develop guidelines to carry out this paragraph and may contract with, hire or otherwise consult with racetrack surface experts to carry out the provisions of this section.

(9) The State Horse Racing Commission shall have jurisdiction over and shall promulgate regulations as necessary for the proper administration of all racing conducted by a county agricultural society or an independent agricultural society as provided in the act of July 8, 1986 (P.L.437, No.92), known as the Pennsylvania Agricultural Fair Act.