WSR 05-05-049

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed February 14, 2005, 3:16 p.m. , effective March 17, 2005 ]


Purpose: To amend chapter 260-08 WAC as part of the agency regulatory reform in compliance with the Governor's Executive Order 97-02 and to adopt in Title 260 WAC to model rules of procedure in chapter 10-08 WAC. In addition, to move the language in WAC 260-88-010 to chapter 260-08 WAC and repeal chapter 260-88 WAC.

Citation of Existing Rules Affected by this Order: Repealing WAC 260-08-670, 260-08-680, 260-08-690, 260-08-700, 260-08-710, 260-08-720, 260-08-730, 260-08-740, 260-08-750, 260-08-760, 260-08-770, 260-08-780, 260-08-790, 260-08-800, 260-08-810, 260-08-820, 260-08-830 and 260-88-010; and amending WAC 260-08-005.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 05-01-211 on December 21, 2004.

Changes Other than Editing from Proposed to Adopted Version: Language clarifying who the presiding officer would be in the absence of the chair of the commission and the role of the commission and an administrative law judge during a hearing were added to WAC 260-08-673.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 1, Repealed 18.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 1, Repealed 18.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 1, Repealed 18.

Date Adopted: February 10, 2005.

R. M. Leichner

Executive Secretary

OTS-7618.4


AMENDATORY SECTION(Amending WSR 93-24-019, filed 11/19/93, effective 12/20/93)

WAC 260-08-005   Horse racing commission -- Composition -- Duties.   The horse racing commission, composed of ((three)) five members appointed by the governor, is responsible for licensing, regulating and supervising all horse racing meets in the state where the parimutuel system is used. The commission also approves and regulates satellite locations and simulcasting, and licenses and regulates advance deposit wagering. The commission functions through periodic public meetings ((held throughout the state)) and where required, conducts hearings in accordance with this chapter. Various commission employees, where required, assist the commission with the statutory duties and the enforcement of chapters 260-12 through 260-84 WAC. ((The public may obtain information and make submissions at the main commission office as well as the temporary field offices at each of the several licensed tracks when operating.))

[Statutory Authority: RCW 67.16.040. 93-24-019, 260-08-005, filed 11/19/93, effective 12/20/93. 260-08-005, filed 10/6/67.]


NEW SECTION
WAC 260-08-671   Adoption of rules of procedure -- Model rules.   The commission adopts the model rules of procedure as set forth in chapter 10-08 WAC. If there is a conflict between the model rules and this chapter, the rules in this chapter shall govern. Whenever the term "agency" appears in the model rules it means the Washington horse racing commission.

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NEW SECTION
WAC 260-08-673   Presiding officer -- Who may preside.   Pursuant to RCW 34.05.425, the presiding officer in a commission hearing shall be the chair of the commission, or other commission member designated by the chair. In proceedings in which the chair or other designee is the presiding officer, the commission shall make the final decision and enter the final order.

In the alternative, the commission may designate that the presiding officer shall be one or more administrative law judges assigned by the office of administrative hearings in accordance with chapter 34.12 RCW.

The administrative law judge shall conduct the proceeding and enter an initial order. The initial order shall be subject to review by the commission as provided in RCW 34.05.464.

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NEW SECTION
WAC 260-08-675   Hearing before the commission.   Any person against whom a ruling is made by the stewards may request a hearing before the commission to challenge the ruling. 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 will not be reviewed by the commission.

(1) Requests for a hearing before the commission must be filed with an office of the commission within seven days of service of the stewards' ruling.

(2) The request must include: The name, address, telephone number and the signature of the person making the request and a statement of the basis for the challenge to the ruling.

(3) The commission will conduct an adjudicative proceeding according to the provisions of chapter 34.05 RCW, Administrative Procedure Act, and chapter 260-08 WAC, Practice and procedure.

(4) On notification by the commission that a request for a hearing has been filed, the stewards shall forward to the commission the record of the ruling conference.

(5) Any person requesting a hearing before the commission will be heard in person or by counsel. A person appearing before the commission may submit his or her case entirely in writing, provided this is specified at the time of the filing of the request for hearing with the commission and this procedure is given written approval by the commission.

(6) All communications to the commission with respect to a stewards' ruling must be in writing, and all papers filed with the commission shall be the property of the commission.

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NEW SECTION
WAC 260-08-677   Exhaustion of administrative remedies.   A person may file a petition for judicial review only after exhausting all administrative remedies available within the commission, pursuant to RCW 34.05.534. Administrative remedies at the WHRC consist of commission hearings.

The court may relieve a petitioner of the requirements to exhaust any or all administrative remedies upon a showing that:

(1) The remedies would be patently inadequate;

(2) The exhaustion would be futile; or

(3) The grave irreparable harm that would result from having to exhaust administrative remedies would clearly outweigh the public policy requiring exhaustion of administrative remedies.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 260-08-670 Proceedings before the commission -- Application.
WAC 260-08-680 Proceedings -- Notice.
WAC 260-08-690 Proceedings -- Notice to limited English speaking parties.
WAC 260-08-700 Computation of time.
WAC 260-08-710 Continuances.
WAC 260-08-720 Filing and service of papers.
WAC 260-08-730 Subpoenas.
WAC 260-08-740 Prehearing conference.
WAC 260-08-750 Evidence.
WAC 260-08-760 Testimony under oath or affirmation.
WAC 260-08-770 Reporting-recording.
WAC 260-08-780 Teleconference hearings.
WAC 260-08-790 Cameras -- Recording devices.
WAC 260-08-800 Presiding officer.
WAC 260-08-810 Initial or final order.
WAC 260-08-820 Petition for rule making -- Form, content and filing.
WAC 260-08-830 Consideration and disposition.

Washington State Code Reviser's Office