Oregon Statutes 462.405 – Board of stewards authority; civil penalties and other sanctions; review of actions by commission; hearing; fee
(1) The board of stewards appointed by the Oregon Racing Commission for a race meet may, after an inquiry and hearing, impose appropriate sanctions for failure to comply with the laws and rules of racing and with the authorized commission or board directives applicable to said race meet, subject to the following limitations:
Terms Used In Oregon Statutes 462.405
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the Oregon Racing Commission. See Oregon Statutes 462.010
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Race: includes races conducted without wagering, provided one or more races in the meet are conducted with wagering. See Oregon Statutes 462.010
- Race meet: means any exhibition of animal racing where the mutuel system is used in conjunction with any race. See Oregon Statutes 462.010
(a) A civil penalty may not exceed $500 per offense.
(b) A license suspension may not be for a period longer than 365 calendar days from the date of issuance of the order of the board of stewards.
(2) Any sanction imposed by the board of stewards shall take effect on the date so indicated in the board’s ruling unless the effective date is stayed for good cause shown by specific order of the executive director of the commission, or a member of the commission, pending commission review.
(3) In lieu of the board of stewards conducting any inquiry and hearing provided for by subsection (1) of this section, the board of stewards may request the commission to appoint and designate a person to conduct such inquiry and hearing who shall be known as a hearings master. The hearings master shall have the same authority and power as the board of stewards in conducting the inquiry and hearing. Any person adversely affected by any hearings master ruling has the right to appeal to the commission as provided for in subsection (4) of this section. The hearings master need not be an administrative law judge assigned from the Office of Administrative Hearings established under ORS § 183.605.
(4) The board of stewards may refer any matter before it to the commission for appropriate review or action either before or after a board hearing or ruling. A person adversely affected by any board ruling has the right to appeal to the commission for a review and hearing as provided in ORS Chapter 183. Such review shall be perfected by filing a written notice of appeal with the executive director within 10 days after the board ruling is issued. Hearings conducted by the commission under this subsection shall be heard by an administrative law judge assigned from the Office of Administrative Hearings established under ORS § 183.605. The commission is not limited in its actions or in the sanctions it may impose by any ruling of the board or by any limitation imposed upon the board by commission rule or regulation or by subsection (2) of this section.
(5) Except as provided in this subsection, an adversely affected person that files a written notice of appeal under subsection (4) of this section shall pay the commission a filing fee of $50. The executive director may waive the fee upon request if payment would cause the person undue hardship. The commission shall refund the fee if:
(a) The appeal is withdrawn more than 21 days before the scheduled hearing date;
(b) The person and the commission agree to an informal disposition of the appeal; or
(c) The person asserts any objectively reasonable basis for the appeal at hearing, regardless of whether the appeal is successful.
(6) If an adversely affected person that filed a written notice of appeal under subsection (4) of this section withdraws the appeal on or after the 21st day before the scheduled hearing date, the commission may require the person to pay all or part of the costs incurred by the state as a result of the appeal.
(7) The final order after hearing shall award the commission costs and reasonable attorney fees incurred as a result of an appeal filed by an adversely affected person under subsection (4) of this section if:
(a) The person fails, without good cause, to appear at the hearing; or
(b) The findings of fact and conclusions of law by the administrative law judge state that there was no objectively reasonable basis for the appeal. [1969 c.356 § 3; 1973 c.612 § 23; 1977 c.855 § 11; 1981 c.544 § 16; 1987 c.413 § 18; 1989 c.357 § 2; 1997 c.865 § 11; 1999 c.849 87,88; 2003 c.75 § 37; 2011 c.597 § 205; 2015 c.86 § 1]