Pennsylvania Code
Title 7 - AGRICULTURE
Part VIII - State Horse Racing Commission
Subpart A - General Provisions
Chapter 177 - BUREAU OF THOROUGHBRED HORSE RACING-TEMPORARY REGULATIONS
Section 177.6 - Contents of petition for stay

Universal Citation: 7 PA Code ยง 177.6

Current through Register Vol. 54, No. 44, November 2, 2024

(a) In addition to the provisions of § 179.7 (relating to request for hearing by applicant or licensee), a party seeking a stay of an underlying ruling or determination by the Board of Stewards or other Commission staff shall comply with the following:

(1) A petition for a stay must be in writing, contain numbered paragraphs and must plead facts with particularity and be supported by affidavits and specific evidence of those facts.

(2) A petition for stay must state with particularity the citations of legal authority the petitioner believes form the basis for the grant of a stay.

(b) A petition for stay may be summarily denied by the Bureau Director for failure to comply with the following reasons:

(1) Lack of particularity of the facts pleaded.

(2) Lack of particularity or inapplicability of the legal authority cited as the basis for the grant of the supersedeas.

(3) Failure to provide an affidavit supporting the facts alleged in the petition.

(4) Failure to state grounds sufficient for the granting of a supersedeas.

This section cited in 7 Pa. Code § 179.7 (relating to request for hearing by applicant or licensee); and 7 Pa. Code § 179.42 (relating to request for stay).

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