Code of Massachusetts Regulations
205 CMR - MASSACHUSETTS GAMING COMMISSION
Title 205 CMR 149.00 - Race Horse Development Fund
Section 149.03 - Notice to Commission of Intent to Discontinue Racing
Universal Citation: 205 MA Code of Regs 205.149
Current through Register 1537, December 20, 2024
(1) A harness racing association or horse racing association shall provide the commission at least 30 days prior written notice of its intent to take any of the following actions:
(a) To discontinue harness races or horse
races for the remainder of a harness meeting or horse meeting;
(b) To permanently discontinue harness races
or horse races;
(c) To close a race
track used for harness races or horse races;
(d) To abandon or relinquish a
license;
(e) To not apply for the
renewal of a license; or
(f) To
transfer a race track to any other entity.
(2) Upon receipt of a written notice of intent pursuant to 205 CMR 149.03(1), or upon learning that the harness racing association or horse racing association has failed to timely notify the commission pursuant thereto or that any event described in 205 CMR 149.03(1)(a) through (f) has occurred or will occur, the commission may take one or more of the following actions:
(a) Hold a public
hearing to determine:
1. whether monies from
the race horse development fund which the harness racing association or horse
racing association would have received pursuant to M.G.L. c. 23K, § 60,
should be placed in a racing escrow account for distribution pursuant to
205 CMR
149.04;
2. whether to transfer monies from the race
horse development fund which the harness racing association or horse racing
association would have received pursuant to M.G.L. c. 23K, § 60 to a
different harness racing association or horse racing association;
3. whether to transfer the harness racing
association's or horse racing association's license to a different harness
racing association or horse racing association;
4. whether to take any other action within
its authority to protect:
a. the interests of
the commonwealth;
b. employees or
former employees of the harness racing association or horse racing
association;
c. harness racing
horsemen and horse racing horsemen; and
d. the intended beneficiaries of the race
horse development fund, any other fund established pursuant to M.G.L. c. 23K,
128A or 128C, and any other fund to which the harness racing association or
horse racing association was required to contribute.
(b) Require the harness racing
association or horse racing association to pay to the commission any amounts
required pursuant to the terms of its license, M.G.L. c. 23K, 128A, and 128C,
and
205
CMR 149.00 including, without limitation, all
unclaimed winnings and breaks, assessments, taxes, and fees.
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