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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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RACING COMMISSION

 

DIVISION 1

PROCEDURAL RULES

462-001-0000

Notice of Proposed Rule

Prior to the adoption, amendment, or repeal of any rule, the Racing Commission shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 15 days prior to the effective date.

(2) By mailing a copy of the notice to persons on the Oregon Racing Commission's mailing list established pursuant to ORS 183.335(6).

(3) By posting a copy of the notice and proposed rule amendments on the Oregon Racing Commission’s website: http://racing.oregon.gov.

(4) By mailing a copy of the notice to the following persons, organizations, or publications listed where the Commission determines that such persons, organizations, or publications would have an interest in the subject matter of the proposal:

(a) Oregon Horsemen's Benevolent and Protective Association;

(b) Oregon Thoroughbred Owners and Breeders Association;

(c) Oregon Quarter Horse Racing Association;

(d) Appaloosa Racing Association;

(e) Portland Meadows;

(f) County Fair Associations;

(g) The Jockey's Guild;

(h) Oregon Greyhound Association;

(i) Licensed Advanced Deposit Wagering Companies.

Stat. Auth.: ORS 183
Stats. Implemented: ORS 462.270(3)
Hist.: RC 60(Temp), f. & ef. 4-23-76; RC 63, f. 6-23-76, ef. 7-1-76; RC 7-1986, f. & ef. 7-31-86; RC 2-2008, f. & cert. ef. 9-30-08

462-001-0005

Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the Oregon Racing Commission adopts the current version of the Attorney General's Model Rules of Procedure under the Administrative Procedures Act, except Stewards and Judges Hearings and Appeals to the Commission will be handled as set forth in Rules of Racing OAR chapter 462, division 130 by authority of ORS 462.270(3).

[ED. NOTE: The full text of the Attorney General’s Model Rules of Pr cedure is available from the Office of the Attorney General or Racing Commission.]

Stat. Auth.: ORS 183
Stats. Implemented: ORS 462.270(3)
Hist.: RC 41, f. 2-15-71, ef. 1-1-72; RC 45, f. 12-6-73, ef. 12-25-73; RC 62, f. 4-27-76, ef. 5-6-76; RC 1-1978, f. & ef. 3-7-78; RC 6-1981, f. & ef. 12-11-81; RC 7-1986, f. & ef. 7-31-86; RC 2-2008, f. & cert. ef. 9-30-08

462-001-0006

Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases

In addition to the notice requirements under the Attorney General’s Model Rules of Procedures adopted under OAR 462-001-0005, the notice to parties in contested cases may include a statement that an answer to the assertions or charges will be required, and if so, the consequence of failure to answer. A statement of the consequences of failure to answer may be satisfied by enclosing a copy of OAR 462-001-0008 with the notice.

Stat. Auth.: ORS 462
Stats. Implemented: ORS 183
Hist.: RC 2-2008, f. & cert. ef. 9-30-08

462-001-0008

Hearing Request and Answers; Consequences of Failure to Answer

(1) A hearing request and answer shall be made in writing to the executive director by the party or the party’s attorney. To be considered timely, a request for a hearing and answer must:

(a) Be in writing; and

(b) Be received by the commission within ten (10) calendar days from the date the Notice was served.

(2) If an answer is required in the Notice, it shall include the following:

(a) An admission or denial of each factual matter alleged in the Notice;

(b) A short and plain statement of each relevant affirmative defense the party may have; and

(c) A short and plain statement identifying each legal issue the party may have.

(3) A request for extension of time in which to file an answer to the Notice shall be submitted in writing and must be received by the commission within ten (10) calendar days from the date the Notice was served. Extensions shall be granted only upon a showing of good cause.

(4) Any amendments to answers must be submitted in writing and must be received by the commission not less than 21 days prior to the contested case hearing.

(5) Except for good cause:

(a) Factual matters alleged in the Notice and not denied in the answer shall be presumed admitted;

(b) Failure to raise a particular defense or legal issue in the answer will be considered a waiver of such defense or legal issue;

(c) New matters raised in the answer that were not alleged in the Notice (affirmative defenses) shall be presumed to be denied by the commission; and

(d) Evidence shall not be taken on any issue not raised in the Notice and the answer.

(6) A hearing request and answer shall be deemed untimely if it is received by the commission after the close of business (5:00 p.m.) on or after the 10th calendar day from the date the Notice was mailed, and shall be deemed a default by the party. Unless the commission determines that the late filing was beyond the control of the party, the commission may issue a final order by default.

Stat. Auth.: ORS 462
Stats. Implemented: ORS 183.413
Hist.: RC 2-2008, f. & cert. ef. 9-30-08

462-001-0010

IRS Retirement "Pick Up"

(1) The Oregon Racing Commission shall treat any employee contribution to PERS from the employees' salaries as the employer's contribution, thus "picking up" that contribution for purposes of Internal Revenue Code section 414(h)(2).

(2) The Contribution shall be deducted directly from the employee's wages and the employee shall not have the option of receiving his or her contribution as salary and of making the contribution himself or herself.

(3) The employee's reported salary on the W-2 form for tax purposes shall be reduced by the amount of that contribution.

Stat. Auth.: ORS 462.250(3) & ORS 462.270(3)
Stats. Implemented: ORS 462.250(3)
Hist.: RC 3-1995, f. 3-14-95, cert.ef. 3-20-95

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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