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 177.7 - Circumstances affecting grant or denial
Universal Citation: 7 PA Code ยง 177.7
Current through Register Vol. 54, No. 44, November 2, 2024
(a) The Bureau Director, in granting or denying a stay, will be guided by prevailing case law and precedent. The factors to be weighed include the following:
(1) The applicant is likely to prevail at the
ultimate hearing on the merits;
(2)
The applicant will sustain irreparable harm without the stay;
(3) The issuance of the stay will not
substantially harm other interested parties in the proceedings;
(4) The issuance of a stay will not adversely
affect the public interest.
(b) A stay will not be issued if injury to the health, safety and welfare of a horse, licensee or other racing participant exists or is threatened during the period when the stay would be in effect.
(c) In granting a stay, the Bureau Director may impose specific conditions in the stay that are reasonably warranted by the circumstances.
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