Minutes of the DHRC Rules Committee Meeting Held

February 28, 2006

The Delaware Harness Racing Commission’s Rules Committee met for a meeting at Delaware Department of Agriculture, Dover, Delaware at 10:15 a.m. on Tuesday, February 28, 2006.

Committee Members Present

Beth Steele, Chair

James Boese, General Manager, HRI
Karen Craft, Facilities Manager, Harrington Raceway
Sal DiMario, Executive Director, DSOA
Hugh J. Gallagher, DDA,Administrator, DHRC
John Hensley, Director of Horse Racing DoverDowns
Charles Lockhart, V.P. Harness Racing DoverDowns
Patricia Murphy, Commission Counsel
Jo Ann Price, Paralegal, DHRC
George Staats, DHRC Commissioner
Judy Davis-Wilson, Director, DSBF

Others Present

Michael T. Scuse, Secretary of Agriculture /

Mary Ann Lambertson, Commissioner

Call to Order/Welcome
Chairman Steele called the public session of the meeting to order at 10:20 a.m., and welcomed those in attendance.

Approval of Minutes

Mr. Boese made a Motion to approve the January 12, 2006 Minutes as written, Mr. Hensley seconded, and the Motion passed unanimously.

Order of Business

  • Rule Making Process: Commission Counsel reminded the committee members that any change they decide to make will have to go through the regular rule making process. The public will have to be given a change to comment and possibly influence their decisions. If information was collected and presented in a different way (renumbered ore re-indexed), it wouldn’t have to be approved through the rule process.
  • Delaware Rules Govern: Mr. DiMario suggested the USTA rulebook be adopted by reference; where any conflict exists, Delaware rules would supplement and govern. Commission Counsel clarified that if the committee decides that’s what it wants to do, and it conflicts with Delaware rules, the Delaware rules will apply.
  • Discussion of Desired Format: There was general agreement that USTA rules were well settled, with at least 50 years in the making,that horsemen would be familiar with them, and that the Massachusetts and USTA indexes are very useful. Mr. DiMario added that our medication, licensing and association rules would differ. The USTA reads all their rule changes in their first general session each year, so we would know then if any needed our opposition. Messrs. Lockhart and Boese believed a re-write of the Delaware rules might be more applicable, since most of the USTA rules pertain to Fair racing and registration. Additional discussion included the benefits of a cross reference between USTA and Delaware rules, and comparing Massachusetts, Delaware and USTA rules.
  • Rules Review: Chairman Steele suggested that the rules be reviewed, perhaps with each person taking a section to review to make the process less cumbersome, and that this be done over email. Commission Counsel advised that FOIA restrictions would prohibit this. All decisions need to be made in public sessions with committee members present. Comments can be submitted through email, but the Committee will have to meet again before changes were submitted before the Commission. Chairman Steele suggested all comments be submitted to Hugh and a meeting date and deadline be set.

Action Items

  • Mr. Gallagher will look at Section 1 and put together an outline to make it more workable.
  • Ms. Murphy will speak to Jeff Hague about renumbering requirements and ask if this can be done without a vote. It is possible some rule changes may be incorporated into any consolidated formatting changes, and then take whatever USTA rules into consideration for incorporation. She suggested rather than adopting the USTA rulebook in toto, it might be a good idea to index Delaware rules to more closely reference USTA rules.
  • Ms. Price will ask the DDA IT person if any software exists for rule writing.

Next Rules Committee Meeting

Tuesday April 11th at10:15 a.m. at the Department of Agriculture, Conference Rm.1

Adjournment

At 11:25 a.m., having no further business, Chairman Steele moved to adjourn, Ms. Craft seconded, and the Motion passed unanimously.

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