WSR 10-09-013

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed April 9, 2010, 1:18 p.m. , effective May 10, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The rule is amended to remain consistent with changes made to WAC 260-24-510 to address the appeal time for riding violations.

Citation of Existing Rules Affected by this Order: Amending WAC 260-08-675 Hearing before the commission.

Statutory Authority for Adoption: RCW 67.16.020.

Adopted under notice filed as WSR 10-06-074 on February 26, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 9, 2010.

Douglas L. Moore

Deputy Secretary

OTS-3026.1


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