09.10.06.05

.05 Application Procedure.

A. The application procedure consists of the following two phases:

(1) Phase I, which requires the submittal of the items specified in Regulation .06 of this chapter; and

(2) Phase II, which requires the submittal of all of the other information required by this chapter.

B. Upon the certification of one or more applications as required under Regulation .08 of this chapter, the Commission shall conduct a hearing in accordance with State Government Article, Title 10, Annotated Code of Maryland, to determine which, if any, applicant should be approved to proceed to Phase II.

C. Opportunity for Local Comment. Before approving an applicant to proceed to Phase II, the Commission shall:

(1) Conduct a hearing in the county seat of the county in which the proposed racetrack is to be located to receive and consider comments from local government officials, residents, and businesses; and

(2) At least 15 days before the hearing:

(a) Advertise the date, time, and location of the hearing in a publication serving the area in which the proposed racetrack facility is to be located, and

(b) Notify the executive and legislative branches of the county and local governments for the jurisdiction within which the proposed racetrack facility is to be located of the date, time, and location of the hearing.

D. Prepared Testimony.

(1) An applicant who wishes to present written testimony at a hearing on the application shall file with the Commission an original and nine copies of the written testimony and all attachments not later than 21 days before the date set for the hearing or on a date ordered by the Commission.

(2) The applicant's written testimony is required to be submitted in printed or typewritten form on 8 1/2 by 11 inch paper.

(3) If an expert witness is to appear and testify on behalf of the applicant, the applicant shall, not later than 21 days before the date set for the hearing or on a date ordered by the Commission:

(a) Supply the written testimony of the witness; and

(b) Attach to the written testimony of the expert witness:

(i) A brief description of the witness, and

(ii) The portions of the application that the witness is identifying or sponsoring.

E. Commission. In determining whether to grant or deny approval to proceed to Phase II, the Commission shall consider the following factors:

(1) The applicant's financial stability;

(2) The financial viability of the proposed racetrack;

(3) The location of the proposed racetrack;

(4) Facilities for patrons and individual licensees;

(5) Facilities for horses;

(6) The potentials for conflict with other licensed race meetings;

(7) The anticipated effect of the race meeting on the breeding industry in the State;

(8) The anticipated effect of the race meeting on the State and local economy from tourism, increased employment, and other sources; and

(9) If the granting of a license is in the best interests of racing in the State.

F. If the Commission:

(1) Approves an applicant to proceed to Phase II, the approved applicant shall submit the remaining information required by this chapter within 6 months of the approval; or

(2) Does not approve an applicant to proceed to Phase II, the Commission may refund that portion of the application fee it determines was not expended on administrative, investigative, and hearing costs.

G. Upon the submittal of all the information required in Phase II, the Commission shall:

(1) Review the materials submitted; and

(2) Conduct a hearing to determine if a new racetrack license should be granted to the applicant.