No. 63 May Term, 1979, No. 69 Mary Term, 1979, Appeal from the Order of the Commonwealth Court dated October 24, 1979, at No. 2665 C.D. 1978, entering judgment on the pleadings in favor of Petitioners Gilligan, et al.
Fred Speaker, Harrisburg, for appellant (63).
Bartholomew J. DeLuca, Jr., Deputy Atty. Gen., for appellee Pa. Horse Racing (63).
Bruce E. Cooper, Harrisburg, for appellee Gilligan, et al. (63 and 69).
David H. Allshouse, Bartholomew J. DeLuca, Jr., Deputy Attys. Gen., Allen C. Warshaw, Deputy Atty. Gen., Edward G. Biester, Jr., Atty. Gen., for appellants (69).
Thomas B. Schmidt, III, Harrisburg, for appellee Jockeys' Guild Inc. (69).
Kauffman, Justice. Nix, J., concurred in the result. Flaherty, J., dissents.
This is an appeal from an order of the Commonwealth Court entering judgment on the pleadings upon review of an administrative ruling by the Pennsylvania Horse Racing Commission ("Commission"). The issue presented is whether the Commission exceeded its legislative authority in promulgating a rule setting fees to be paid to jockeys.
The fee schedule originally was adopted in 1968 and remained unchallenged and unchanged until an increase in fees was requested by the Jockeys' Guild, Inc. ("Guild"), in June, 1978.*fn1 The Commission unanimously voted to amend the rule containing the fee schedule (Rule 9.15 of the Rules of Racing*fn2) on July 19, 1978. Notice of the proposed amendment appeared in the Pennsylvania Bulletin on September 2, 1978, citing inflation as the primary justification for the increase. The amendment was subsequently adopted despite written and oral objections by appellees.*fn3
Appellees petitioned for review in the Commonwealth Court, claiming (1) that the Commission lacked authority under the Horse Racing Act ("Act")*fn4 to regulate jockey fees; (2) that Rule 9.15 interfered with appellees' freedom ...