PERMANENT RULES
Date of Adoption: March 1, 2000.
Purpose: Amend rule to disallow appeals on steward's judgment calls regarding disqualifications during the running of a race.
Citation of Existing Rules Affected by this Order: Amending WAC 260-88-010 Appeal to the commission.
Statutory Authority for Adoption: RCW 67.16.040.
Adopted under notice filed as WSR 00-03-093 on January 19, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
March 3, 2000
Bruce Batson
Executive Secretary
by Patty Sorby
(((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 to the commission.
(1) (((2) 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.]