Or. Admin. Code § 462-130-0040

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

Section 462-130-0040 - Formal Stewards' Hearing

(1) If the board of stewards has reason to believe that a violation has occurred, they may hold a formal hearing after providing written notice to the licensee. The written notice shall:

(a) Cite the statutes or rules which were allegedly violated.

(b) Briefly describe the time, place, and nature of the alleged violation(s).

(c) Identify the type of penalty or sanction which may be imposed.

(d) Specify the time and place of the hearing, at least three calendar days after service of the notice excluding Saturdays, Sundays, and legal holidays, unless all parties agree to an earlier time.

(e) State that the licensee may be represented by an attorney licensed to practice in the state of Oregon.

(f) Be personally served within the timeline set forth in OAR 462-130-0040(1)(d) or mailed by first class mail to the current address on file for the licensee at least ten days prior to the hearing.

(2) If given the option by the board of stewards, the licensee may waive the right to a formal stewards' hearing by signing a waiver agreeing to the penalty or sanctions listed on the waiver. By signing the waiver the licensee waives the right to appeal the penalty to the commission, as provided by OAR 462-130-0050.

(3) If the licensee does not sign a written waiver, the board of stewards shall hold a formal hearing. At least two stewards shall be present. The fact finding portion of the hearing shall be open. The state steward or designee shall preside, and within reason, shall allow all available evidence to be presented, without regard for technical rules of procedure or rules of evidence. All witnesses must testify under oath. The hearing may be recorded. After hearing the evidence and any closing statements, the stewards may deliberate in private before making a decision. Unless the charges are dismissed, the decision shall be put in the form of a written order either finding the licensee guilty of a violation or referring the case for a formal commission hearing or a combination thereof. If the licensee is found guilty of a violation, the order shall:

(a) Identify the licensee by name and license classification.

(b) Identify the specific statutes or rules violated.

(c) Set forth the findings of fact which establish the violation(s).

(d) Indicate the penalty or sanctions to be imposed, and when they are to go into effect.

(e) Inform the licensee of the right to appeal to the commission and to request a stay pending appeal as provided in OAR 462-130-0050.

(4) Efforts by Commission staff to notify the licensee that the Board of Stewards has issued its written order will include, using whatever contact information is supplied by the licensee on their license application to mail, email, text, and telephone the licensee to apprise them of the issuance of the written order. In addition, the Board of Stewards shall send a copy of the written order to the commission and the Board of Stewards shall post a copy of the written order in a designated area at the racecourse for a period of two racing days. Fines assessed in the written order must be paid within ten calendar days of the effective date of the written order. Failure to pay an assessed fine within the time limit described by this rule may result in the additional sanction of a suspension of up to 30 days duration also being imposed. If a 30-day suspension period is imposed for failure to timely pay the assessed fine, the 30-day suspension will continue to run for the full 30-day suspension period - even if the licensee pays the assessed but previously unpaid fine in full before the experation of the 30-day suspension peroid.

(5) The licensee may still appeal the matter to the commission for a formal commission hearing, and for good cause may request that the commission executive director stay the stewards' penalty pending the commission hearing. The executive director has discretion whether or not to grant the stay.

(6) Any licensee who fails to appear before the stewards after having been given notice by the stewards, a racing official, or an investigator of the commission, in accordance with these rules or by any ruling or order which has been issued and published directing such appearance, may be suspended and the case may be referred to the commission. Failure to appear in response to such order shall be a separate cause for disciplinary action.

Or. Admin. Code § 462-130-0040

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 2-2008, f. & cert. ef. 9-30-08; RC 2-2009, f. 8-24-09, cert. ef. 10-1-09; RC 1-2010, f. 9-23-10, cert. ef. 10-1-10; RC 7-2023, amend filed 04/25/2023, effective 4/25/2023

Statutory/Other Authority: ORS 462.270(3)

Statutes/Other Implemented: ORS 462.405