1.
Definitions
As used in this subchapter, unless the context otherwise
indicates, the following words shall have the following meanings:
A.
Date assignment hearing
"Date assignment hearing" means a hearing conducted by the
Commission to determine either or both of the following issues:
(1) Whether a person, association, or
corporation desiring to hold a harness horse race or meet at which pari-mutuel
betting is permitted shall be granted a license to do so;
(2) The particular dates and times of day on
which a licensee may conduct harness horse races or meets and the location
where such racing may be conducted.
B.
License
"License" means a license required to hold, conduct or
operate any harness horse race meet where pari-mutuel betting is
allowed.
2.
Generally
The provisions of Chapter 21, entitled "General Hearing
Procedures," shall apply to date assignment hearings to the extent they are not
inconsistent with the provisions of this subchapter.
3.
License required
No person, association or corporation may hold, conduct, or
operate any harness horse race meet at which pari-mutuel betting is allowed
without a license from the Commission.
4.
Licensing Provisions
A. The Commission reserves the right to
refuse a license to any person, association, or corporation proposing to hold a
race meet under conditions not satisfactory to the Commission. No license will
be granted to hold any race meet until facilities of the applicant have been
approved annually by the Commission in all respects. This includes pari-mutuel
facilities, grandstand facilities, ground conditions, toilets, paddock, lights,
and any other facilities pertaining to racing.
B.
Bonds
A surety bond, acceptable in form, in an amount not to
exceed $100,000, must be filed with the Commission by December 15th of the
preceding year.
C.
Change of ownership
The license of any corporation is automatically revoked,
subject to Title 5, chapter 375, upon the change in ownership, legal or
equitable of 50% or more of the voting stock of the corporation and the
corporation may not hold a harness horse race or meet for public exhibition
without a new license.
5.
Applications; consolidated
proceedings
All applications for license renewals and requests for
specific racing dates will be heard on a consolidated basis in one proceeding.
In order that all potentially competing date requests may be simultaneously
considered, the Commission may establish a deadline for the submission of
license renewal applications and accompanying date requests. The Commission may
refuse to consider renewal applications and accompanying date requests which
are not timely submitted.
6.
Automatic intervention
All applicants for licenses for any one calendar year shall
be considered intervenors with respect to all license applications and date
requests submitted by other persons, associations, or corporations for the same
calendar year. The following entities shall also be considered intervenors in
date assignment hearings:
A. Downeast
Harness Horsemen's Association
B.
Maine Association of Agricultural Fairs
C. Maine Department of Agriculture,
Conservation and Forestry
D. Maine
Harness Horsemen's Association
E.
Maine Standardbred Breeders and Owners Association
Other persons desiring to intervene in date assignment
hearings must apply to intervene as described in Chapter 21, section 7.
7.
Appearance;
order of presentation
All applicants must appear at the date assignment hearing at
which their applications are scheduled to be heard for the purpose of answering
questions from the Commission and intervenors and presenting such other
evidence in support of their applications and date requests as they desire. The
Commission shall establish the order of appearances of applicants and
intervenors.
8.
Staff
participation
Department staff may prepare and compile statistical and
other information for presentation to the Commission as exhibits. The staff
shall mail or make available any such exhibits to applicants and intervenors
prior to the hearing if possible, but shall not be required to do so. Staff
members may testify at any time during hearing.
9.
Partial decisions
At any time prior to the conclusion of the proceedings the
Commission may rule on license applications already heard and may award racing
dates which have not been requested by more than one applicant.
10.
Reopening of
proceedings
A. The Commission may
reopen a date assignment proceeding at any time prior to the final decision or,
for purposes of reallocating forfeited race dates, after the final decision. A
forfeited race date is any race date that was originally assigned to a licensee
but will no longer be used by that licensee.
B. The Commission may in its discretion
reopen a race date assignment after final decision upon motion of a licensee
that its assigned racing dates be increased, decreased or changed.
C. The Commission may in its discretion
reopen, upon motion of a licensee, that any conditions to its license be
modified or removed.
When a hearing is reopened under this sub-section, either
before or after final decision, the Commission shall give notice, no later than
10 days prior to the hearing, to all parties to the earlier proceeding, and to
the public as well if the determination of issues of substantial public
interest is involved
Any order reopening the hearing after final decision shall
be conditioned upon the moving party reimbursing the Commission for its
expenses of preparing, copying, mailing and publishing notice of the reopening
hearing.
D. Notwithstanding
the above, the Commission shall reopen a date assignment proceeding upon
request of the Department during the time period of June 30, 2010 through
September 30, 2020. The Commission shall give notice, no later than 5 days
prior to the hearing, to all parties to the earlier proceeding. This rule
Chapter 19 section 4(10)(D) is adopted on an emergency basis and expires on
September 30, 2020.
11.
Criteria for licensing and for the award of harness racing dates
The criteria for licensing and for the award of harness
racing dates by the Commission shall, in addition to the criteria contained in
8 M.R.S.A.,
Section271. include but not be limited to the
following factors:
A. The quality of
race programming, facilities, and customer amenities offered and to be offered
by the applicant and the suitability of the applicant's racing facilities for
operation at the season for which the dates are requested;
B. With respect to agricultural societies
seeking licenses to conduct harness racing meets at the time of their annual
fairs, the scheduling of agricultural fairs as determined by the Commissioner
of Agriculture, Conservation and Forestry pursuant to
7 M.R.S.A.,
Sections65 and
65-A;
C. The revenues to be generated, consistent
with the profitability and financial health of the applicant, for the promotion
and breeding of Maine standardbred horses; for the agricultural associations of
Maine; and for the General Fund, the purse supplements and other benefits to be
provided to horsemen, the Sire Stakes Fund, and the Stipend Fund;
D. The quality of the applicant's observance
and enforcement of racing laws and rules during the past year;
E. The feasibility of the applicant
conducting a race meet on dates other than those applied for;
F. The winter training and stabling
facilities provided by the applicant;
G. Competitive situations affecting certain
applicants;
H. The necessity of
having and maintaining proper physical facilities for racing meetings; and
consequently, to insure the continuance of the facilities, the quality of the
licensee's maintenance of its track and plant, the adequacy of its provisions
for rehabilitation and capital improvements and the necessity of fair treatment
of the economic interests and investments of those who, in good faith, have
provided and maintained racing facilities;
I. The desirability of reasonable consistency
in the pattern of date assignments from year to year;
J. The preservation of a diversity of harness
racing tracks in the State;
K. The
extent to which the licensee fully utilized racing dates granted to it for the
past year;
L. The personnel and
resources available to the Department for the enforcement of the rules and
harness racing laws;
M. The likely
availability of race-worthy horses throughout the year; and
N. All other factors consistent with the
betterment of harness racing affecting the public health, safety, and
welfare.
