Purpose: To amend WAC 260-88-010 by replacing all references of an "appeal" of a stewards decision with a "request for a hearing to challenge the ruling" to align this section with the recent amendments to WAC 260-24-510.

     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 04-16-036 on July 27, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: September 9, 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.]

© Washington State Code Reviser's Office