Or. Admin. Code § 462-130-0050

Current through Register Vol. 64, No. 1, January 1, 2025

Section 462-130-0050 - Appeal to the Commission; Stay Pending Appeal

(1) Any person who is the subject of any stewards' order or ruling, other than those concerning a disqualification in a race due to a foul or riding infraction, may file a written appeal requesting a hearing under ORS 183 (the Oregon Administrative Procedures Act) The appeal must be filed with the commission at PO Box 366 Gresham, OR 97030. The appeal must be received by the commission, within ten days from the date the Stewards order or ruling was served, unless a different filing deadline was expressly specified in the Steward's order or ruling. Evidence of the filing date of the written appeal will be the postmark date on the envelope which contained the written appeal, the date printed by the facsimile machine or email, or other credible documentation of the date the written appeal was sent to the commission. The appeal must be signed by the appealing party and shall set forth clearly and concisely the following information:

(a) The order, ruling, or decision to be reviewed and the date thereof.

(b) The specific act or failure to act upon which the appeal is based, and the date or dates upon which they occurred.

(c) The address to which any notices from the commission to the appellant (owner, out rider, jockey ect.) may be mailed and emailed.

(2) An appeal from an order or ruling of the stewards 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. However, at the time a licensee submits a written appeal to the commission, the licensee may request in writing that the commission stay the effective date of any penalty or sanction imposed by the stewards. The request should state any good cause that supports the request. The executive director, or commissioner in the absence of the executive director, may, in their discretion, grant the stay for good cause shown.

(3) Appeals to the commission shall be heard within 90 days from the date the appeal request is received in the commission's main office, unless a continuance is requested by the licensee or the assistant attorney general and approved by the executive director or the hearings officer. The appeal Hearing will take place before an Administrative Law Judge from the Office of Administrative Hearings. The Administrative Law Judge's proposed ruling or order will thereafter be subject to commission consideration and commission issuance of the final order.

Or. Admin. Code § 462-130-0050

RC 3-2000, f. 3-27-00, cert. ef. 5-1-00; RC 2-2001, f. 3-19-01, cert. ef. 4-1-01; RC 5-2002, f. 12-6-02, cert. ef. 1-1-03; RC 2-2008, f. & cert. ef. 9-30-08; RC 1-2010, f. 9-23-10, cert. ef. 10-1-10; RC 2-2011, f. 9-23-11, cert. ef. 10-1-11; RC 6-2023, amend filed 04/25/2023, effective 4/25/2023; RC 21-2023, minor correction filed 07/21/2023, effective 7/21/2023

Statutory/Other Authority: ORS 462.270(3)

Statutes/Other Implemented: ORS 462.405