ORS 462.090
Revocation, suspension and refusal to renew licenses

  • hearing
  • civil penalty

(1)

The Oregon Racing Commission may revoke, suspend or refuse to renew the license of any licensee upon any of the grounds upon which the commission could refuse to issue a license, as provided in ORS 462.075 (Grounds for refusal to issue or renew licenses), or of any licensee who has been convicted by the commission of a violation of this chapter or any rule made pursuant thereto, or who fails to pay to the commission all sums required under this chapter.

(2)

The commission may revoke, suspend or refuse to renew the license to hold a race meet of any licensee, if a corporation, which transfers any of its stock after a license to hold a race meet is issued and before the termination of the license period except as otherwise authorized in ORS 462.075 (Grounds for refusal to issue or renew licenses) (2)(d).

(3)

Notwithstanding any other provision of law, the commission or board of stewards or board of judges may suspend, prior to any hearing, the license of any person whose license has been duly suspended by an official body of another state or country for violation of the racing or gaming laws or regulations of that jurisdiction. However, at the time of the license suspension in Oregon, the person must be notified of the right to request an immediate hearing to contest the suspension.

(4)

Revocation of a license shall operate as a forfeiture of all rights and privileges granted by the commission and of all sums of money paid to the commission by the offender.

(5)

When grounds exist for the revocation or suspension of a license issued pursuant to this chapter, the commission may, in its discretion, impose a civil penalty, not in excess of $1,000, on the licensee in lieu of or in addition to revoking or suspending the license. All sums paid the commission pursuant to this subsection shall be deposited as provided in ORS 462.260 (Oregon Racing Commission Account).

(6)

Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures). [Subsection (5) enacted as 1953 c.499 §3; 1957 c.313 §7; 1969 c.356 §17; 1973 c.612 §22; 1981 c.544 §19; 1983 s.s. c.7 §7; 1987 c.413 §6; 1991 c.734 §33; 1997 c.865 §7]

Source: Section 462.090 — Revocation, suspension and refusal to renew licenses; hearing; civil penalty, https://www.­oregonlegislature.­gov/bills_laws/ors/ors462.­html.

Notes of Decisions

Under provision of ORS 183.450 permitting agencies to utilize their experience, technical competence and specialized knowledge in evaluation of evidence, finding of Racing Commission that bettors customarily rely on horse’s age and parentage in placing bets was permissible even though no evidence was offered on the point. Gregg v. Racing Comm’n., 38 Or App 19, 588 P2d 1290 (1979), Sup Ct review denied

Commission’s authority to “revoke or suspend” is authority to punish same conduct by both revocation and suspension. Lee v. Oregon Racing Commission, 142 Or App 114, 920 P2d 554 (1996), Sup Ct review denied

462.010
Definitions
462.020
License requirement
462.025
Notice required to terminate use of license
462.030
Qualifications for eligibility of race meet operator
462.040
Race meet licenses, classes, limitations, contents
462.050
Application for race meet license
462.055
Authority to require applicant to have recommendation of local governing body
462.057
License and other fees and purses
462.062
Fees and other payments by licensees of horse race meets not subject to ORS 462.057
462.065
Security for association receiving payments under ORS 462.057 or 462.062
462.067
License and other fees for race meets not subject to ORS 462.057 and 462.062
462.068
Fees for wagering on certain previously held races
462.070
License fees for officials, track operators and other race meet participants
462.072
Cash Vouchers Account
462.073
Unclaimed Winnings Account
462.075
Grounds for refusal to issue or renew licenses
462.080
Exclusion of certain persons from race courses
462.090
Revocation, suspension and refusal to renew licenses
462.100
License fee and tax in lieu of all others
462.110
Public liability insurance required
462.125
Number and classes of race meets
462.127
Oregon Quarter Horse Racing Association and Oregon Division Horsemen’s Benevolent and Protective Association racing
462.130
Oregon bred horse races
462.135
Oregon bred greyhound races
462.140
Prohibitions concerning bookmaking, betting
462.142
Account wagering
462.145
Handicapping contests
462.147
Mutuel pools
462.150
Regulation of underpayments
462.155
Wagering on races previously held
462.157
Limitations on wagering on historical animal racing
462.160
When race meet is a nuisance
462.170
Commission rules apply to county fairs
462.185
Issuance of licenses to animal owners or trainers
462.190
Restrictions on minors
462.195
Written statement of age from purchaser of mutuel wagering ticket or receipt
462.200
Tests of animals participating in race meets or persons required to be licensed
462.210
Oregon Racing Commission
462.220
Compensation and expenses of members
462.230
Vacancies and removal
462.240
Oath of office
462.250
Organization of commission
462.260
Oregon Racing Commission Account
462.265
Commission subject to state budget procedures and laws governing supervision of expenditures
462.270
Duties of commission
462.272
Power of commission to administer oaths, take depositions, issue subpoenas
462.273
Prohibited activities of commission, staff and family members
462.275
Commission activities concerning betterment of racing
462.277
Service and execution of warrants of arrest and search warrants
462.301
Definitions for ORS 462.301 to 462.340
462.304
Legislative findings
462.307
Lawful exchange wagering
462.310
Exchange wagering accounts
462.313
Exchange wagering license
462.316
Prohibition on accepting certain wagers
462.319
Collection of exchange revenues
462.322
Cancellation of wagers
462.325
Matched wagers
462.328
Posting of exchange wager in market
462.331
Posting of exchange wager in pool
462.334
Fees
462.337
Limitations on authority of Oregon Racing Commission
462.340
Rules
462.405
Board of stewards’ authority
462.408
Recovery of owed amounts
462.415
Animals prohibited from racing
462.417
Schedule of purses to have prior approval of commission
462.420
Stimulating or depressing participating animal prohibited
462.430
Prohibitions concerning influencing results of races
462.450
Regulation of possession, transportation or use of drugs at race course
462.460
Racing animal under name or designation other than registered name or designation or altering license prohibited
462.470
Aiding or abetting racing of animal under name or designation other than registered name or designation prohibited
462.510
Demand or acceptance of compensation for furnishing racing information as touting
462.520
Penalty for falsely using name of racing official as source of information in commission of touting
462.700
Authorization
462.710
Application
462.720
Pooling wagered moneys
462.725
Multi-jurisdictional simulcasting and wagering
462.727
Totalizator business license
462.730
Payments by licensee to commission
462.735
Suspension or refusal to renew license
462.740
Rules
462.990
Penalties
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