ORS 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:

(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 (Office of Administrative Hearings).

(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 (Office of Administrative Hearings). 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]

Source: Section 462.405 — Board of stewards’ authority; civil penalties and other sanctions; review of actions by commission; hearing; fee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors462.­html.

Notes of Decisions

Failure of the Board to comply with the required procedures in an administrative contested case was not subject to review where the Racing Commission conducted a full de novo hearing and its order was not affected by the Board. Nation v. Ore. Racing Comm., 21 Or App 685, 536 P2d 536 (1975)

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
Green check means up to date. Up to date

Current through early 2024

§ 462.405’s source at oregon​.gov