PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-21-057.
Title of Rule: WAC 260-88-010 Appeal to the commission.
Purpose: To amend WAC 260-88-010 to eliminate the need for persons appealing a stewards ruling before the commission to first pay a $100 appearance deposit.
Statutory Authority for Adoption: RCW 67.16.020.
Summary: The amendment eliminates the need to first pay a $100 appearance deposit before an appeal to the commission will be accepted.
Reasons Supporting Proposal: The Washington Horse Racing Commission has no statutory authority to require such a deposit.
Name of Agency Personnel Responsible for Drafting: Robert Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462; Implementation and Enforcement: Robert Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462.
Name of Proponent: Washington Horse Racing Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The current rule, WAC 260-88-010, requires persons appealing a stewards ruling to the commission to first pay an appearance deposit. The commission has no statutory authority to require such a deposit. The amendment eliminates the appearance deposit.
Proposal Changes the Following Existing Rules: Eliminates the requirement to pay a $100 appearance deposit before the commission will schedule and hear a licensee's appeal before the commission.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 12, 2004, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Patty Sorby at the Washington Horse Racing Commission, by February 6, 2004.
Submit Written Comments to: Robert M. Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, fax (360) 459-6461, by February 11, 2004.
Date of Intended Adoption: February 12, 2004.
December 29, 2003
R. M. Leichner
Executive Secretary
OTS-6765.1
AMENDATORY SECTION(Amending WSR 00-07-043, filed 3/6/00,
effective 4/6/00)
WAC 260-88-010
Appeal to the commission.
Any person
against whom a ruling is made by the stewards may appeal the
ruling to the commission. However, a decision concerning the
disqualification or nondisqualification of a horse due to a
foul or riding infraction during the running of a race is
final and may not be appealed to the commission.
(1) Appeals must be filed with an office of the commission within twenty days of the date of the stewards' ruling.
(2) The appeal must include: the name, address, telephone number and the signature of the person making the appeal and a statement of the basis of the appeal.
(3) ((The appeal shall be accompanied by an appearance
deposit in the amount of $100.00. At the time and place
scheduled for the hearing before the commission, and at such
time as the appellant appears for the hearing, the deposit
shall be refunded. Should the appellant fail to appear for
the hearing without a showing of good cause, the deposit shall
be forfeited.
(4))) The commission will conduct an adjudication according to the provisions of chapter 34.05 RCW Administrative Procedure Act and chapter 260-08 WAC Practice and Procedure.
(((5))) (4) On notification by the commission that an
appeal has been filed, the stewards shall forward to the
commission the record of the proceeding on which the appeal is
based.
(((6))) (5) Any person bringing an appeal will be heard
in person or by counsel. A person bringing an appeal may
submit his or her case entirely in writing, provided this is
specified at the time of the filing of the appeal with the
commission and this procedure is given written approval by the
commission.
(((7))) (6) All communications to the commission with
respect to an appeal must be in writing, and all papers filed
with the commission shall be the property of the commission.
(((8))) (7) An appeal from a decision of a racing
official to the commission shall not affect such decision
until the appeal has been acted upon by the commission, unless
otherwise ordered by the commission or by a court of competent
jurisdiction. Upon a showing of good cause, the commission
may stay the effect of any ruling of the stewards pending
commission review of the ruling. The granting of such a stay
shall carry no presumption as to the validity of the stewards'
ruling. The commission may lift such a stay pending appeal if
appropriate.
[Statutory Authority: RCW 67.16.040. 00-07-043, § 260-88-010, filed 3/6/00, effective 4/6/00; 92-17-002, § 260-88-010, filed 8/5/92, effective 9/5/92. Statutory Authority: RCW 67.16.020 and 67.16.040. 82-09-016 (Order 82-03), § 260-88-010, filed 4/9/82; Rules of racing, § 383, filed 4/21/61.]