AUGUSTA – The state officer presiding over the Maine Harness Racing Commission’s deliberations regarding Bangor Raceway’s 2004 license application reminded stakeholders Tuesday to play by the rules.

In a letter issued Tuesday, Assistant Attorney General Ruth McNiff pointed out that the Administrative Procedure Act prohibits communications outside official proceedings between commission members and “any party or other persons legally interested in the outcome of the proceeding, except upon notice and opportunity for all parties to participate.”

On Tuesday, it remained unclear whom the letter targeted. McNiff, unavailable for comment Tuesday evening, sent copies of the letter to lawyers representing Bangor racino developer Shawn Scott and his heir apparent, Penn National Gaming; Scarborough Downs, which has intervenor status in the matter, and the city of Bangor. Copies also were sent to representatives of the Maine Harness Racing Commission, Maine Harness Horsemen’s Association, the Department of the Attorney General, and the Maine Standard Breeders and Owners Association.

“It has come to my attention that correspondence has been sent directly to commission members. This is inappropriate and it should not be happening,” McNiff wrote, adding that information for the commission should be filed with the commission’s office.

“You should not be contacting commission members directly or [sending them copies of] correspondence sent to the parties and-or attorneys participating in this matter,” she noted.

As the result of an effort initiated by entrepreneur Shawn Scott and his development firm, Capital Seven LLC, city-owned Bangor Raceway is poised to become a racino, a multimillion-dollar entertainment complex that would combine harness racing with year-round entertainment featuring slot machines.

Scott began the process of acquiring Bangor Historic Track, the company that operates the city’s historic half-mile oval, nearly two years ago, and completed the purchase in December, several days into the harness racing commission’s license suitability proceedings.

In early January, as the commission resumed its work after a holiday hiatus, Scott announced he was selling Bangor Historic Track for an undisclosed price to Penn National Gaming Inc., a Pennsylvania-based company that holds gaming licenses in seven states and Ontario.

The transfer of ownership is still pending. Penn National has submitted an amended racing license application reflecting its ownership of Bangor Historic Track and related documents.

Racing commission members last month said they would grant a conditional license for 26 days of racing at Bangor in 2004. A permanent license will be issued if Penn passes the state-mandated background check.