WSR 05-01-211

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed December 21, 2004, 4:38 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-22-007.

Title of Rule and Other Identifying Information: Chapter 260-08 WAC, Practice and procedure and chapter 260-88 WAC, Appeal to the commission.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 10, 2005, at 9:30 a.m.

Date of Intended Adoption: February 10, 2005.

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 February 7, 2005.

Assistance for Persons with Disabilities: Contact Patty Sorby by February 7, 2005, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to make sweeping changes to chapter 260-08 WAC, Practice and procedures, as part of the agency's effort to comply with the Governor's Executive Order 97-02 Regulatory Improvement. The proposal amends one section, dealing with the duties and composition of the Horse Racing Commission, creates four new sections related to (1) the adoption of the rules of procedure in chapter 10-08 WAC, (2) who may preside at commission hears [hearings], (3) how a person may appeal a steward ruling to the commission, and (4) the requirement that a person must exhaust all administrative remedies before filing a petition for judicial review, and repeals seventeen sections no longer applicable. In addition, WAC 260-88-010 is being moved to this chapter allowing the agency to repeal chapter 260-88 WAC, Appeal to the commission.

Reasons Supporting Proposal: Assists the agency to improve the efficiency and fairness of our regulatory process.

Statutory Authority for Adoption: RCW 67.16.020.

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.

December 20, 2004

R. M. Leichner

Executive Secretary

OTS-7618.3


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:

(1) The chair of the commission; or

(2) One or more administrative law judges assigned by the office of administrative hearings in accordance with chapter 34.12 RCW.

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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.

OTS-7621.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 260-88-010 Hearing before the commission.

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Washington State Code Reviser's Office