WSR 04-05-096

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed February 18, 2004, 8:21 a.m. ]

Date of Adoption: February 12, 2004.

Purpose: To amend WAC 260-88-010 Appeals to the commission to eliminate the requirement for a person wishing to have a matter appealed to the commission first pay a $100 appearance deposit.

Citation of Existing Rules Affected by this Order: Amending WAC 260-88-010.

Statutory Authority for Adoption: RCW 67.16.020.

Adopted under notice filed as WSR 04-02-038 on December 31, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

February 13, 2004

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.]

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