Or. Admin. Code § 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.
Notes
Statutory/Other Authority: ORS 462.270(3)
Statutes/Other Implemented: ORS 462.405
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