Foreword

The Massachusetts State Racing Commission, hereinafter referred to as the Commission, was created by an act of the Legislature of the Commonwealth of Massachusetts in the year of 1934. M.G.L. c. 128A as inserted by St. 1934, c. 374 and amendments states that the Commission shall have full power to prescribe rules, regulations and conditions under which all dog races and dog racing meeting shall be conducted in the Commonwealth. For the purpose of uniformity in rules with other states where dog racing is legalized, wherever the word "greyhound" appears in the title, foreword or in any rule it shall have the same meaning as the word "dog" as appearing in M.G.L. c. 128A. For the same purpose wherever the word "fine" appears in the title or any rule it shall have the same meaning as the word "forfeiture" as appearing in M.G.L. c. 128A. Rules ofgreyhound racingas herein prescribed apply to all persons or individuals, associations or corporations which shall hold or conduct any dog races and dog racing meetings within the Commonwealth of Massachusetts, licensed by the Commission where dog races shall be permitted for any stake, purse or reward and the definitions here given are to be considered in connection with the rules of greyhound racing and as a part of them. Alllicenseesand participants are charged with knowledge of 205 CMR 5.00. No licensee orother persons shall engage in his or her occupation or trade at any Massachusetts dog racetrack without first reading 205 CMR 5.00. Should any question arise as to the meaning of any rule or regulation, the Commission or its representatives will be available to provide an explanation. 205 CMR 5.00 shall also apply to any participant in or patron of any such licensed meeting. In reading 205 CMR 5.00, unless the text otherwise requires, it shall be understood without constant reference thereto, that they apply only in the Commonwealth of Massachusetts. Every license to hold a meeting is granted upon the condition that the Association shall accept, observe and enforce 205 CMR 5.00. Furthermore, it shall be the duty of each and every officer, director and every officialand employee ofsaid Association to observe and enforce 205 CMR 5.00. Any and all of 205 CMR 5.00 may be amended, altered, repealed, or supplemented by new or additional rules. The Commission may make exceptions to anyrule orrules in individual instances as in its judgement it may deem proper. The Commission may alter, amend or modify any penalty or decision or infraction of the rules imposed or made by it or its predecessors, except as otherwise provided by law. The laws of the Commonwealth of Massachusetts and the rules promulgated by the Commission supersede the conditions of a race or the regulations of a racing meeting. 205 CMR 5.00 is promulgated by the Commission are supplemented by the State Administrative Procedure Law found in M.G.L. c. 30A. M.G.L. c. 30A provides the procedures, which must be followed by all state agencies on such matters asthe amendingprocessand the adjudicatory procedure. Under M.G.L. c. 30A any interested party has the right to attend all hearings conducted by the Commission for the purpose of the adoption or amendment of any rule or regulation. The Commission shall afford anyinterested personanopportunityto present data, views or arguments in regard to any proposed rule change. Upon written notice to the Commission, a person may request the adoption, amendment or repeal of any regulation with an opportunity to present data, veils or arguments in support of such request. If a dispute should arise concerning a ruling by a Judge or other racing official, any party affected bysuchrulinghas a right to an appeal to the Commission upon written notice to the Commission. At such hearing each party shall be given an opportunity to be represented by an attorney, to call and examine witnesses, to introduce exhibits, to cross-examine witnesses who testify and to submit rebuttal evidence. The Commission shall make available upon request an official record ofthe hearingand a party may request and receive a transcript of such record upon payment to the Commission of the cost of such transcript. The Commission shall provide, in writing, its decision along with findings of fact and conclusions of law. Any person who does not agree with a finaldecision of the Commission shall be entitled to judicial review ofsuchdecisionbyfilinga petition for review in Superior Court within 30 days after receipt of notice of the final decision of the Commission. The review shall be conducted by the court without a jury, and in most instances, shall be confined to the record. The rules on pari-mutuel wagering are located in an entirely separate rulebook entitled 205 CMR 6.00 Pari-mutuel Rules for Horse Racing, Harness Horse Racing and Greyhound Racing.