Mass. Gen. Laws » Part I Title XIX Chapter 128A
Massachusetts General Laws

Mass. Gen. Laws ch. 128A, § 9 (2026)

Power of commission to make rules and regulations

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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[ Text of section effective until December 15, 2027. Repealed by 2011, 194, Sec. 39. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; 2023, 26, Sec. 20; and 2025, 73, Sec. 73.]

  Section 9. The commission shall have full power to prescribe rules, regulations and conditions under which all horse or dog races at horse or dog racing meetings shall be conducted in the commonwealth and may by rule or regulation prohibit licensees from admitting minors to dog or horse racing meetings.

  The commission shall have power to prescribe special rules, regulations and conditions applicable to horse and dog racing meetings held under licenses granted hereunder in connection with a state or county fair, or any exhibition for the encouragement or extension of agriculture.

  The commission shall prescribe rules and regulations under which dog race track licensees shall be required to provide access to schooling races and participation in pari-mutuel dog races conducted by said licensees for Massachusetts bred greyhounds.

[ Fourth paragraph effective until December 15, 2027. See 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12; 2006, 449, Secs. 19 and 21; 2008, 290, Sec. 12; 2009, 167, Sec. 12; 2010, 203, Sec. 12; 2011, 77, Sec. 12; 2011, 194, Sec. 84; 2014, 264, Sec. 11; 2016, 176, Sec. 11; 2017, 56, Sec. 11; 2018, 159, Sec. 11; 2019, 47, Sec. 11; 2020, 1, Sec. 11; 2020, 106, Sec. 11; 2021, 27, Sec. 11; 2022, 128, Sec. 11; 2023, 26, Sec. 17; and 2025. 73. Sec. 69.]

  The commission shall prescribe rules and regulations under which betting accounts for account wagering, as provided in section 5C, shall be established, maintained and operated.

  Rules and regulations so prescribed shall be printed by the commission and furnished in reasonable numbers to any one who may request them.

  Any person violating any such rule or regulation shall, upon a complaint brought by the commission, be punished by a fine not exceeding five thousand dollars or by imprisonment not exceeding one year, or by both.

Notes of Decisions
Cited in 9 cases, 1971–1990 · leading case: Horsemen's Benevolent & Prot. Ass'n v. State Racing Comm'n, 532 N.E.2d 644 (Mass. 1989).
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Horsemen's Benevolent & Prot. Ass'n v. State Racing Comm'n, 532 N.E.2d 644 (Mass. 1989). · cites it 4× “" G.L.c. 128A, § 9. See G.L.c. 128A, § 9A. In 1986, the commission promulgated the "human drug testing" regulation, 205 Code Mass.”
Purity Supreme, Inc. v. Attorney Gen., 407 N.E.2d 297 (Mass. 1980). “shall be conducted”) (G. L. c. 128A, § 9, as amended by St. 1971, c.”
Colella v. State Racing Comm'n, 274 N.E.2d 331 (Mass. 1971). · cites it 2× “231A, “to determine the construction and validity” of G. L. c. 128A, § 9, and of a rule made by the defendant pursuant thereto, and also to determine “the rights, duties, status, and other legal relations of the .”
DePasquale v. Ogden Suffolk Downs, Inc., 564 N.E.2d 584 (Mass. App. Ct. 1990). “G.L.c. 128A, § 9. The general rules promulgated by the racing commission for horse racing clearly provide that a person must hold a ticket to recover payment for a wager.”
In re Proceedings Before a Special Grand Jury, 542 N.E.2d 316 (Mass. App. Ct. 1989). “128A, § 6 — requirement to keep accurate records; G. L. c. 128A, § 9 — making it a violation of law for anyone who holds or conducts (or anyone aiding or abetting) any racing meeting not in compliance with chapter 128A; G.”
Martinez v. State Racing Comm'n, 410 N.E.2d 740 (Mass. App. Ct. 1980). “41(3) (1978), pursuant to its statutory rule making power (G. L. c. 128A, § 9) for the purpose of creating a procedure to enforce § 13B.”
Vitale v. State Racing Comm'n, 433 N.E.2d 914 (Mass. App. Ct. 1982). “152, 158-159 (1971), has adopted rules under G. L. c. 128A, §§ 9, 9A, and 9B, to regulate horse racing including the enforcement of c.”
Boetti v. Ogden Suffolk Downs, Inc., 587 F. Supp. 1048 (D. Mass. 1984). “The Stewards are empowered to pass on all disputed claims. 205 C.M.”
DePasquale v. Ogden Suffolk Downs, Inc., 564 N.E.2d 584 (Mass. App. Ct. 1990). “G. L. c. 128A, § 9. The general rules promulgated by the racing commission for horse racing clearly provide that a person must hold a ticket to recover payment for a wager.”
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