Or. Admin. R. 462-130-0050 : — OREGON RACING COMMISSIONPROHIBITED CONDUCT AND HEARING PROCEDURES —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 involving a decision concerning a disqualification in a race due to a foul or riding infraction, may request a hearing under ORS 183 (the Oregon Administrative Procedures Act) before an administrative law judge and subsequent commission consideration of the proposed order regarding the matter, other than as to the extent of disqualification for a foul in a race. The appeal must be in writing and filed with the commission offices at the Portland State Office Building, 800 NE Oregon Street, Suite 310, Portland, Oregon 97232, within ten days from the date the order or ruling is served, unless a different time is expressly specified. The filing date will be the postmark date on the envelope or other credible documentation of the date the 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 acts or failure to act which gave cause to the appeal and the dates thereof.
(c) The reasons for the appeal.
(d) The address to which any notices from the commission may be mailed to the appealing party.
(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.
(3) 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 his/her discretion, grant the stay for good cause shown.
(4) An appeal may not be withdrawn except with the approval of the executive director.
(5) 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.

Or. Admin. R. 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

Stat. Auth.: ORS 462.270(3)

Stats. Implemented: ORS 462.405