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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 1, Repealed 18.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 1, Repealed 18.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 1, Repealed 18.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
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.]
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.
(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.
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.
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 260-08-720||Filing and service of papers.|
|WAC 260-08-740||Prehearing conference.|
|WAC 260-08-760||Testimony under oath or affirmation.|
|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.|