WSR 00-03-093



[ Filed January 19, 2000, 11:32 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-22-024.

Title of Rule: WAC 260-88-010 Appeal to the commission.

Purpose: Add language to existing rule to clarify submission of an appeal.

Statutory Authority for Adoption: RCW 67.16.040.

Summary: Add language to existing rule to further describe the requirement for submitting an appeal to the commission.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bruce Batson, Olympia, Washington, (360) 459-6462.

Name of Proponent: Washington Horse Racing Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Add additional language to existing rule to clarify specifications for submitting an appeal to the commission.

Proposal Changes the Following Existing Rules: Adds additional clarifying language.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes will not affect more than 20% or less than 10% of the population. A small business economic impact statement was not prepared.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Doubletree Hotel at SeaTac, 18740 Pacific Highway South, Seattle, WA, on February 26, 2000, at 10:00 a.m.

Submit Written Comments to: Bruce Batson, Executive Secretary, Washington Horse Racing Commission, 7912 Martin Way, Suite D, Olympia, 98516, fax (360) 459-6461, by February 25, 2000.

Date of Intended Adoption: February 26, 2000.

January 19, 2000

Bruce Batson

Executive Secretary

by Patty Sorby

AMENDATORY SECTION(Amending WSR 92-17-002, filed 8/5/92)

WAC 260-88-010
Appeal to the commission.

(((1))) Any person against whom a ruling is made by the stewards may appeal the ruling to the commission. However, a decision concerning the disqualification or non-disqualification of a horse due to a foul or riding infraction during the running of a race is final and may not be appealed.

(1) ((Such [an] appeal)) Appeals must be ((made in writing at the)) filed with an office of the commission within twenty ((five)) days of the date of the stewards' ruling.

(((3) The appeal shall be signed by the person making it and must set [forth] [for the] alleged errors in the stewards' ruling.))

(2) The appeal must include: the name, address, telephone number and the signature of the person making the appeal and a statement of the basis of the appeal.

(((4))) (3) The appeal shall be accompanied by an appearance deposit in the amount of $100.00. At the time and place scheduled for the hearing before the commission, and at such time as the appellant appears for the hearing, the deposit shall be refunded. Should the appellant fail to appear for the hearing without a showing of good cause, the deposit shall be forfeited.

(4) The commission will conduct an adjudication according to the provisions of Chapter 34.05 RCW Administrative Procedure Act and Chapter 260-08 WAC Practice and Procedure.

(5) On notification by the commission that an appeal has been filed, the stewards shall forward to the commission the record of the proceeding on which the appeal is based.

(((5))) (6) Any person bringing an appeal will be heard in person or by counsel. A person bringing an appeal may submit his or her case entirely in writing, provided this is specified at the time of the filing of the appeal with the commission and this procedure is given written approval by the commission.

(((6))) (7) All communications to the commission with respect to an appeal must be in writing, and all papers filed with the commission shall be the property of the commission.

(((7))) (8) 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 67.16.040. 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.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office