WSR 10-06-074



[ Filed February 26, 2010, 11:35 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-02-073.

Title of Rule and Other Identifying Information: WAC 260-08-675 Hearing before the commission, amends the appeal time for riding infractions to seventy-two hours.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on April 9, 2010, at 9:30 a.m.

Date of Intended Adoption: April 9, 2010.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail, fax (360) 459-6461, by April 6, 2010.

Assistance for Persons with Disabilities: Contact Patty Sorby by April 6, 2010, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes the appeal time for riding infractions from seven days to seventy-two hours to match other language being amended in WAC 260-24-510.

Reasons Supporting Proposal: This streamlines the appeal process for riding infractions to allow the stewards to have suspension days start in a reasonable time.

Statutory Authority for Adoption: RCW 67.16.020.

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

Name of Proponent: [Horse racing commission], governmental.

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

February 26, 2010

Douglas L. Moore

Deputy Secretary


AMENDATORY SECTION(Amending WSR 08-07-039, filed 3/13/08, effective 4/13/08)

WAC 260-08-675   Hearing before the commission.   Any person against whom a ruling is made by the stewards or the executive secretary may request a hearing before the commission to challenge the ruling. However, a decision by the stewards 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' or executive secretary's ruling, with the exception of riding violations.

(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) 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.

(5) All communications to the commission with respect to a stewards' or executive secretary's ruling must be in writing, and all papers filed with the commission shall be the property of the commission.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 08-07-039, 260-08-675, filed 3/13/08, effective 4/13/08; 05-05-049, 260-08-675, filed 2/14/05, effective 3/17/05.]

Washington State Code Reviser's Office