Current through Register Vol. 51, No. 19, September 20, 2024
A. The
application procedure consists of the following two phases:
(1) Phase I, which requires the submittal of
the items specified in Regulation .06 of this chapter; and
(2) Phase II, which requires the submittal of
all of the other information required by this chapter.
B. Upon the certification of one or more
applications as required under Regulation .08 of this chapter, the Commission
shall conduct a hearing in accordance with State Government Article, Title 10,
Annotated Code of Maryland, to determine which, if any, applicant should be
approved to proceed to Phase II.
C.
Opportunity for Local Comment. Before approving an applicant to proceed to
Phase II, the Commission shall:
(1) Conduct a
hearing in the county seat of the county in which the proposed racetrack is to
be located to receive and consider comments from local government officials,
residents, and businesses; and
(2)
At least 15 days before the hearing:
(a)
Advertise the date, time, and location of the hearing in a publication serving
the area in which the proposed racetrack facility is to be located,
and
(b) Notify the executive and
legislative branches of the county and local governments for the jurisdiction
within which the proposed racetrack facility is to be located of the date,
time, and location of the hearing.
D. Prepared Testimony.
(1) An applicant who wishes to present
written testimony at a hearing on the application shall file with the
Commission an original and nine copies of the written testimony and all
attachments not later than 21 days before the date set for the hearing or on a
date ordered by the Commission.
(2)
The applicant's written testimony is required to be submitted in printed or
typewritten form on 8 1/2 by 11 inch paper.
(3) If an expert witness is to appear and
testify on behalf of the applicant, the applicant shall, not later than 21 days
before the date set for the hearing or on a date ordered by the Commission:
(a) Supply the written testimony of the
witness; and
(b) Attach to the
written testimony of the expert witness:
(i) A
brief description of the witness, and
(ii) The portions of the application that the
witness is identifying or sponsoring.
E. Commission. In determining
whether to grant or deny approval to proceed to Phase II, the Commission shall
consider the following factors:
(1) The
applicant's financial stability;
(2) The financial viability of the proposed
racetrack;
(3) The location of the
proposed racetrack;
(4) Facilities
for patrons and individual licensees;
(5) Facilities for horses;
(6) The potentials for conflict with other
licensed race meetings;
(7) The
anticipated effect of the race meeting on the breeding industry in the
State;
(8) The anticipated effect
of the race meeting on the State and local economy from tourism, increased
employment, and other sources; and
(9) If the granting of a license is in the
best interests of racing in the State.
F. If the Commission:
(1) Approves an applicant to proceed to Phase
II, the approved applicant shall submit the remaining information required by
this chapter within 6 months of the approval; or
(2) Does not approve an applicant to proceed
to Phase II, the Commission may refund that portion of the application fee it
determines was not expended on administrative, investigative, and hearing
costs.
G. Upon the
submittal of all the information required in Phase II, the Commission shall:
(1) Review the materials submitted;
and
(2) Conduct a hearing to
determine if a new racetrack license should be granted to the
applicant.
