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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