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 email@example.com, 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must exhaust all administrative remedies before filing a petition for judicial review, and repeals seventeen sections no longer applicable.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
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.]
(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.
(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.|
The following chapter of the Washington Administrative Code is repealed:
|WAC 260-88-010||Hearing before the commission.|