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Chapter 260-08 WAC

Last Update: 1/14/19

PRACTICE AND PROCEDURE

WAC Sections

HTMLPDF260-08-005Horse racing commission—Composition—Duties.
HTMLPDF260-08-074Public meetings—Members and public meetings.
HTMLPDF260-08-595Role of the executive secretary.
HTMLPDF260-08-597Funding to assist the equine industry.
HTMLPDF260-08-671Adoption of rules of procedure—Model rules.
HTMLPDF260-08-673Presiding officer—Who may preside.
HTMLPDF260-08-675Hearing before the commission.
HTMLPDF260-08-677Exhaustion of administrative remedies.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
260-08-010Appearance and practice before commission—Who may appear. [Regulation 08.010, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-030Appearance and practice before commission—Solicitation of business unethical. [Regulation 08.030, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-040Appearance and practice before commission—Standards of ethical conduct. [Regulation 08.040, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-050Appearance and practice before commission—Appearance by former employee of commission or former employee of attorney general's staff. [Regulation 08.050, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-060Appearance and practice before commission—Former employee as expert witness. [Regulation 08.060, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-070Computation of time. [Regulation 08.070, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-080Notice and opportunity for hearing in contested cases. [Regulation 08.080, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-090Service of process—By whom served. [Regulation 08.090, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-100Service of process—Upon whom served. [Regulation 08.100, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-110Service of process—Service upon parties. [Regulation 08.110, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-120Service of process—Method of service. [Regulation 08.120, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-130Service of process—When service complete. [Regulation 08.130, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-140Service of process—Filing with commission. [Regulation 08.140, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-230Depositions and interrogatories in contested cases—Right to take. [Regulation 08.230, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-240Depositions and interrogatories in contested cases—Scope. [Regulation 08.240, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-250Depositions and interrogatories in contested cases—Officer before whom taken. [Regulation 08.250, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-260Depositions and interrogatories in contested cases—Authorization. [Regulation 08.260, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-270Depositions and interrogatories in contested cases—Protection of parties and deponents. [Regulation 08.270, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-280Depositions and interrogatories in contested cases—Oral examination and cross-examination. [Regulation 08.280, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-290Depositions and interrogatories in contested cases—Recordation. [Regulation 08.290, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-300Depositions and interrogatories in contested cases—Signing attestation and return. [Regulation 08.300, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-310Depositions and interrogatories in contested cases—Use and effect. [Regulation 08.310, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-320Depositions and interrogatories in contested cases—Fees of officers and deponents. [Regulation 08.320, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-330Depositions upon interrogatories—Submission of interrogatories. [Regulation 08.330, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-340Depositions upon interrogatories—Interrogation. [Regulation 08.340, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-350Depositions upon interrogatories—Attestation and return. [Regulation 08.350, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-360Depositions upon interrogatories—Provisions of deposition rule. [Regulation 08.360, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-370Official notice—Matters of law. [Regulation 08.370, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-380Official notice—Material facts. [Regulation 08.380, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-390Presumptions. [Regulation 08.390, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-400Stipulations and admissions of record. [Regulation 08.400, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-410Form and content of decisions in contested cases. [Regulation 08.410, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-420Definition of issues before hearing. [Regulation 08.420, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-430Prehearing conference rule—Authorized. [Regulation 08.430, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-440Prehearing conference rule—Record of conference action. [Regulation 08.440, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-450Submission of documentary evidence in advance. [Regulation 08.450, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-460Excerpts from documentary evidence. [Regulation 08.460, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-470Expert or opinion testimony and testimony based on economic and statistical data—Number and qualifications of witnesses. [Regulation 08.470, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-480Expert or opinion testimony and testimony based on economic and statistical data—Written sworn statements. [Regulation 08.480, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-490Expert or opinion testimony and testimony based on economic and statistical data—Supporting data. [Regulation 08.490, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-500Expert or opinion testimony and testimony based on economic and statistical data—Effect of noncompliance with WAC 260-08-470 or 260-08-480. [Regulation 08.500, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-510Continuances. [Regulation 08.510, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-520Rules of evidence—Admissibility criteria. [Regulation 08.520, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-530Rules of evidence—Tentative admission—Exclusion—Discontinuance—Objections. [Regulation 08.530, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-540Petitions for rule making, amendment or repeal—Who may petition. [Regulation 08.540, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-550Petitions for rule making, amendment or repeal—Requisites. [Regulation 08.550, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-560Petitions for rule making, amendment or repeal—Commission must consider. [Regulation 08.560, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-570Petitions for rule making, amendment or repeal—Notice of disposition. [Regulation 08.570, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-580Declaratory rulings. [Regulation 08.580, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-590Forms. [Regulation 08.590, effective 4/7/60.] Repealed by WSR 93-24-015, filed 11/19/93, effective 12/20/93. Statutory Authority: RCW 67.16.040.
260-08-600Disclaimer of public liability. [Statutory Authority: RCW 67.16.040. WSR 93-24-016, § 260-08-600, filed 11/19/93, effective 12/20/93.] Repealed by WSR 04-05-089, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 67.16.020.
260-08-610Public records—Officer. [Statutory Authority: RCW 67.16.040. WSR 93-24-016, § 260-08-610, filed 11/19/93, effective 12/20/93.] Repealed by WSR 04-05-089, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 67.16.020.
260-08-620Requests for public records. [Statutory Authority: RCW 67.16.020. WSR 04-05-089, § 260-08-620, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 67.16.040. WSR 93-24-016, § 260-08-620, filed 11/19/93, effective 12/20/93.] Repealed by WSR 10-05-065, filed 2/12/10, effective 3/15/10. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-630Copying fees. [Statutory Authority: RCW 67.16.020. WSR 04-05-089, § 260-08-630, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 67.16.040. WSR 93-24-016, § 260-08-630, filed 11/19/93, effective 12/20/93.] Repealed by WSR 10-05-065, filed 2/12/10, effective 3/15/10. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-640Exemptions. [Statutory Authority: RCW 67.16.040. WSR 93-24-016, § 260-08-640, filed 11/19/93, effective 12/20/93.] Repealed by WSR 04-05-089, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 67.16.020.
260-08-650Review of denials of public records. [Statutory Authority: RCW 67.16.020. WSR 04-05-089, § 260-08-650, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 67.16.040. WSR 93-24-016, § 260-08-650, filed 11/19/93, effective 12/20/93.] Repealed by WSR 10-05-065, filed 2/12/10, effective 3/15/10. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-660Protection of public records. [Statutory Authority: RCW 67.16.020. WSR 04-05-089, § 260-08-660, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 67.16.040. WSR 93-24-016, § 260-08-660, filed 11/19/93, effective 12/20/93.] Repealed by WSR 10-05-065, filed 2/12/10, effective 3/15/10. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-670Proceedings before the commission—Application. [Statutory Authority: RCW 67.16.040. WSR 93-24-016, § 260-08-670, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-680Proceedings—Notice. [Statutory Authority: RCW 67.16.040. WSR 93-24-016, § 260-08-680, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-690Proceedings—Notice to limited English speaking parties. [Statutory Authority: RCW 67.16.040. WSR 93-24-017, § 260-08-690, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-700Computation of time. [Statutory Authority: RCW 67.16.040. WSR 93-24-017, § 260-08-700, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-710Continuances. [Statutory Authority: RCW 67.16.040. WSR 93-24-017, § 260-08-710, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-720Filing and service of papers. [Statutory Authority: RCW 67.16.040. WSR 93-24-017, § 260-08-720, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-730Subpoenas. [Statutory Authority: RCW 67.16.040. WSR 93-24-017, § 260-08-730, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-740Prehearing conference. [Statutory Authority: RCW 67.16.040. WSR 93-24-017, § 260-08-740, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-750Evidence. [Statutory Authority: RCW 67.16.040. WSR 93-24-017, § 260-08-750, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-760Testimony under oath or affirmation. [Statutory Authority: RCW 67.16.040. WSR 93-24-018, § 260-08-760, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-770Reporting-recording. [Statutory Authority: RCW 67.16.040. WSR 93-24-018, § 260-08-770, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-780Teleconference hearings. [Statutory Authority: RCW 67.16.040. WSR 93-24-018, § 260-08-780, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-790Cameras—Recording devices. [Statutory Authority: RCW 67.16.040. WSR 93-24-018, § 260-08-790, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-800Presiding officer. [Statutory Authority: RCW 67.16.040. WSR 93-24-018, § 260-08-800, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-810Initial or final order. [Statutory Authority: RCW 67.16.040. WSR 93-24-018, § 260-08-810, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-820Petition for rule making—Form, content and filing. [Statutory Authority: RCW 67.16.040. WSR 93-24-018, § 260-08-820, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.
260-08-830Consideration and disposition. [Statutory Authority: RCW 67.16.040. WSR 93-24-018, § 260-08-830, filed 11/19/93, effective 12/20/93.] Repealed by WSR 05-05-049, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020 and 67.16.040.


PDF260-08-005

Horse racing commission—Composition—Duties.

The horse racing commission, composed of three members appointed by the governor, is responsible for licensing, regulating and supervising all horse racing meets in the state where the parimutuel system is used. The commission also approves and regulates satellite locations and simulcasting, and licenses and regulates advance deposit wagering. The commission functions through periodic public meetings and where required, conducts hearings in accordance with this chapter. Various commission employees, where required, assist the commission with the statutory duties and the enforcement of chapters 260-12 through 260-84 WAC.
[Statutory Authority: RCW 67.16.020. WSR 13-13-040, § 260-08-005, filed 6/14/13, effective 7/15/13. Statutory Authority: RCW 67.16.020 and 67.16.040. WSR 05-05-049, § 260-08-005, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.040. WSR 93-24-019, § 260-08-005, filed 11/19/93, effective 12/20/93. § 260-08-005, filed 10/6/67.]



PDF260-08-074

Public meetingsMembers and public meetings.

(1) Commissioners may attend public meetings using telecommunication technology.
(2) The chair or designee must attend physically to preside over the meeting.
[Statutory Authority: RCW 67.16.020. WSR 19-03-073, § 260-08-074, filed 1/14/19, effective 2/14/19.]



PDF260-08-595

Role of the executive secretary.

The horse racing commission will appoint an executive secretary who will act as the chief operating officer for the agency. As chief operating officer, the executive secretary will supervise and administer the activities of the commission staff. In addition, the executive secretary will:
(1) Implement the policies and procedures, and enforce the rules of the commission.
(2) Oversee the administrative details and day-to-day operation of the agency, including the achievement of performance goals and objectives established by the commission and administer the agency's budget.
(3) Act as the appointing authority for agency staff, including the authority to hire, promote, assign work, determine duty stations, evaluate, take corrective action, and, where appropriate terminate staff.
(4) Make an initial agency determination of a violation of the rules in this title except during the live race meet where the rule provides that the board of stewards makes the initial agency determination. In the absence of the board of stewards, the executive secretary has the authority to make an initial agency determination.
(a) If an applicant or licensee disagrees with the decision of the executive secretary, he or she may challenge the decision by requesting a hearing before the commission as provided in WAC 260-08-675.
(b) The executive secretary may refer any matter directly to the commission for hearing on violations of chapters 67.16 and 67.17 RCW or of rules in this title or to enforce compliance with a penalty.
(5) Enter into contracts and agreements on behalf of the commission; and
(6) Exercise such other management oversight, decision-making and administrative action necessary to achieve agency mission and goals.
[Statutory Authority: RCW 67.16.020 and 67.16.040. WSR 08-07-039, § 260-08-595, filed 3/13/08, effective 4/13/08. Statutory Authority: RCW 67.16.020. WSR 03-03-041, § 260-08-595, filed 1/10/03, effective 2/10/03.]



PDF260-08-597

Funding to assist the equine industry.

(1) If the commission determines that there are additional funds in its operating account beyond what is needed to fund the continued operations of the commission, the commission may designate up to three hundred thousand dollars of those funds to be used to assist the equine industry. Funds used to assist the equine industry may only be used to help develop the equine industry, maintain or upgrade racing facilities, or assist equine health research. In deciding how to allocate the funds available, the commission will give first consideration to uses that assist the Class C race meets and equine health research. The commission will establish a process for individuals or organizations to request funds.
(2) Available funds may be allocated to fund requests from individuals or organizations, or programs the commission determines support the purposes specified in subsection (1) of this section.
(3) The commission has discretion to determine the amount of funding available, identify the programs for which funding will be provided, the amount of funding for each program, and the procedures for distributing funds.
[Statutory Authority: RCW 67.16.020 and 67.16.040. WSR 06-15-090, § 260-08-597, filed 7/14/06, effective 8/14/06.]



PDF260-08-671

Adoption of rules of procedure—Model rules.

The commission adopts the model rules of procedure as set forth in chapter 10-08 WAC. If there is a conflict between the model rules and this chapter, the rules in this chapter shall govern. Whenever the term "agency" appears in the model rules it means the Washington horse racing commission.
[Statutory Authority: RCW 67.16.020 and 67.16.040. WSR 05-05-049, § 260-08-671, filed 2/14/05, effective 3/17/05.]



PDF260-08-673

Presiding officer—Who may preside.

Pursuant to RCW 34.05.425, the presiding officer in a commission hearing shall be the chair of the commission, or other commission member designated by the chair. In proceedings in which the chair or other designee is the presiding officer, the commission shall make the final decision and enter the final order.
In the alternative, the commission may designate that the presiding officer shall be one or more administrative law judges assigned by the office of administrative hearings in accordance with chapter 34.12 RCW.
The administrative law judge shall conduct the proceeding and enter an initial order. The initial order shall be subject to review by the commission as provided in RCW 34.05.464.
[Statutory Authority: RCW 67.16.020 and 67.16.040. WSR 05-05-049, § 260-08-673, filed 2/14/05, effective 3/17/05.]



PDF260-08-675

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.]



PDF260-08-677

Exhaustion of administrative remedies.

A person may file a petition for judicial review only after exhausting all administrative remedies available within the commission, pursuant to RCW 34.05.534. Administrative remedies at the WHRC consist of commission hearings.
The court may relieve a petitioner of the requirements to exhaust any or all administrative remedies upon a showing that:
(1) The remedies would be patently inadequate;
(2) The exhaustion would be futile; or
(3) The grave irreparable harm that would result from having to exhaust administrative remedies would clearly outweigh the public policy requiring exhaustion of administrative remedies.
[Statutory Authority: RCW 67.16.020 and 67.16.040. WSR 05-05-049, § 260-08-677, filed 2/14/05, effective 3/17/05.]