Section 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. WSR 10-09-013, § 260-08-675, filed 4/9/10, effective 5/10/10. Statutory Authority: RCW 67.16.020 and 67.16.040. WSR 08-07-039, § 260-08-675, filed 3/13/08, effective 4/13/08; WSR 05-05-049, § 260-08-675, filed 2/14/05, effective 3/17/05.]

RCW 67.16.020. WSR 10-09-013, § 260-08-675, filed 4/9/10, effective 5/10/10. Statutory Authority: RCW 67.16.020 and 67.16.040. WSR 08-07-039, § 260-08-675, filed 3/13/08, effective 4/13/08; WSR 05-05-049, § 260-08-675, filed 2/14/05, effective 3/17/05.

Rules

260-08,