Section 017-19-4 - Date Assignment Hearings1.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 ProvisionsA. 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 AssociationB. Maine Association of Agricultural FairsC. Maine Department of Agriculture, Conservation and ForestryD. Maine Harness Horsemen's AssociationE. 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 proceedingsA. 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; andN. All other factors consistent with the betterment of harness racing affecting the public health, safety, and welfare.01- 017 C.M.R. ch. 19, § 4