Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-10-015.

     Title of Rule and Other Identifying Information: WAC 260-88-010 Appeals to the commission.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98[98001], on September 9, 2004, at 10:00 a.m.

     Date of Intended Adoption: September 9, 2004.

     Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rlopez@whrc.state.wa.us, fax (360) 459-6461, by September 8, 2004.

     Assistance for Persons with Disabilities: Contact Patty Sorby by September 8, 2004, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 260-88-010 is amended to comply with chapter 34.05 RCW, Administrative Procedure Act and RCW 67.16.270. The decision of the stewards that a commission rule has been violated is considered the agency's initial determination (RCW 67.16.270). As such, the adjudicative proceeding before the commission is not an appeal, but a hearing to challenge the ruling of the stewards.

     Reasons Supporting Proposal: Brings the actions of the commission in hearing the challenge of a steward's ruling in compliance with chapter 34.05 RCW, Administrative Procedure Act and RCW 67.16.270.

     Statutory Authority for Adoption: RCW 67.16.020.

     Statute Being Implemented: RCW 67.16.270 and chapter 34.05 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington Horse Racing Commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

July 27, 2004

R. M. Leichner

Executive Secretary

OTS-7327.1

AMENDATORY SECTION(Amending WSR 04-05-096, filed 2/18/04, effective 3/20/04)

WAC 260-88-010   ((Appeal to)) Hearing before the commission.   Any person against whom a ruling is made by the stewards may ((appeal the ruling to)) 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 ((may not be appealed to)) will not be reviewed by the commission.

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

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

     (3) The commission will conduct an ((adjudication)) 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 ((an appeal)) a request for a hearing has been filed, the stewards shall forward to the commission the record of the ((proceeding on which the appeal is based)) ruling conference.

     (5) Any person ((bringing an appeal)) requesting a hearing before the commission will be heard in person or by counsel. A person ((bringing an appeal)) 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 ((appeal)) 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 ((an appeal)) a stewards' ruling must be in writing, and all papers filed with the commission shall be the property of the commission.

     (((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 67.16.020. 04-05-096, § 260-88-010, filed 2/18/04, effective 3/20/04. 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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