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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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
AMENDATORY SECTION(Amending WSR 04-05-096, filed 2/18/04, effective 3/20/04)
WAC 260-88-010 ((
Appeal to)) Hearing before the
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.
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
(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 ((
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 (( 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
(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
[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.]