reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0080 - Verification; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals who are determined to be
			 eligible through
streamlined eligibility
as described in OAR
			 461-196-0060, are not required to provide verification.
(2) Summer EBT (SEBT) applications are
			 subject to the following verification requirements at any time during the
eligibility period
(see OAR 461-196-0020).
(a) Verification for Cause. The
Department
(see OAR 461-196-0020) must verify for cause
			 applications when the agency has knowledge or available information suggesting
			 a
filing group
(see OAR 461-196-0020) has intentionally
			 misreported its income, including by leaving the income fields blank on the
			 SEBT application.
(b) Verification
			 Sample of three percent of Approved Applications.
(A) The
Department
must
			 verify eligibility of children in a sample of SEBT applications approved for
			 benefits for the summer.
(B) The
			 sample size for the
Department
must equal three percent of all
			 applications approved by the
Department
from the start of the
			 instructional year through April 1 of the school year immediately preceding the
summer operational period
(see OAR 461-196-0020 and
			 461-196-0060), selected randomly from all applications.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0090 - Income Availability; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Income is defined as means before any
			 deductions such as income taxes, social security taxes, insurance premiums,
			 charitable contributions, and bonds.
(2) Earned or unearned income is considered
			 countable for determining Summer EBT (SEBT) eligibility unless specified as
			 excluded per section (5) of this rule.
(3) Earned or unearned income of a child, who
			 is under 18 years old, is considered countable unless excluded per section (5)
			 of this rule.
(4) Income is
			 considered available the date it is received or the date a member of the
filing group
(see OAR 461-196-0020) has a legal right to the
			 payment and the legal ability to make it available, whichever is earlier,
			 except as follows:
(a) Income usually paid
			 monthly or on some other regular payment schedule is considered available on
			 the regular payment date if the date of payment is changed because of a holiday
			 or weekend.
(b) Income withheld or
			 diverted at the request of an individual is considered available on the date
			 the income would have been paid without the withholding or diversion.
(c) An advance or draw of earned income is
			 considered available on the date it is received.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0100 - Notices; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice of Eligibility, Approval.
(a) When a
filing group
(see
			 OAR 461-196-0020) is determined eligible through a Summer EBT (SEBT)
			 application the
Department
(see OAR 461-196-0020) will provide
			 notice to the
filing group
of a child's approved status within
			 30 operational days of receipt of a complete application.
(b) When a
filing group
is
			 determined eligible through
streamlined certification
(see OAR
			 461-196-0020) the
Department
will provide notice to the
filing group
of a child's approved status within 30
			 operational days of the date benefits are made available to the
filing
			 group
. The notice of approval will inform the
filing
			 group
how to opt-out if they do not want their children to receive
			 SEBT benefits, and that no application is required.
(c) The approval notice will inform the
filing group
that dual participation in SEBT in the same
summer operational period
(see OAR 461-196-0020) is not
			 allowed.
Dual participation
(see OAR 461-196-0020) means a
			 child simultaneously receiving benefits from more than one State administered
			 SEBT Program, US Territories or Tribal Lands or receiving SEBT in one or more
filing group
or receiving multiple allotments from the same
			 State administered SEBT Program.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0110 - Processing Timeframes; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Children found eligible for Summer EBT
			 (SEBT) through streamlined eligibility (see OAR 461-196-0060) or who have an
			 approved application on file prior to the start of the
summer
			 operational period
(see OAR 461-196-0020 and 461-196-0060) will have
			 benefits available no later than 30 calendar days after the start of the
summer operational period
.
(2) Children found eligible through an
SEBT application
(see OAR 461-196-0060) after the start of the
summer operational period
will have benefits available no
			 later than 30 calendar days from the date of receipt of a completed
			 application.
(3) Children found
			 eligible through information provided from the child's school after the start
			 of the
summer operational period
will have benefits available
			 no later than 30 calendar days from the date of receipt of information from the
			 school.
Statutory/Other Authority: ORS
				  411.060
Statutes/Other Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0120 - Budgeting; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the Summer EBT (SEBT) program, income
			 eligibility criteria for the program is based upon
filing
			 group
(see OAR 461-196-0020) size and income.
(2) Current income means the gross income
			 received by a
filing group
, before deductions, for the current
			 month, or the amount projected for the month for which the application is
			 completed, or for the month prior to application. If this income is higher or
			 lower than usual and does not fairly or accurately represent the
filing
			 group's
actual circumstances the
filing group
may
			 project their annual income.
(3)
			 The SEBT income eligibility table for 2024 is from July 1, 2023, to June 30,
			 2024. [see attached table 1]
(4)
			 The SEBT income eligibility table for 2025 is from July 1, 2024, to June 30,
			 2025. [see attached table 2]
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: 411.060
Statutes/Other Implemented:
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0130 - Hearings; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contested case hearings in the Summer EBT
			 (SEBT) program are authorized by OAR
			 461-025-0310 and the Department
			 adopts the general contested case hearing provisions in OAR chapter 461
			 division 025 for the Summer EBT (SEBT) program, except:
(a) There is no right to an expedited hearing
			 in the SEBT program.
(b) There is
			 no right to continuation of benefits in the SEBT program.
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 1 - PROCEDURAL RULES › Section 462-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
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:
https://www.oregon.gov/RACING
.
(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) County Fair
			 Associations;
(e) The Jockey's
			 Guild;
(f) Licensed Advanced
			 Deposit Wagering Companies.
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 1 - PROCEDURAL RULES › Section 462-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
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).
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)
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 1 - PROCEDURAL RULES › Section 462-001-0006 - Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 1 - PROCEDURAL RULES › Section 462-001-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  462.250(3)
				  & ORS 462.270(3)
Stats. Implemented: ORS
				  462.250(3)
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 10 - ADMINISTRATION › Section 462-010-0000 - Commissioner Duties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 commissioners: In addition to the duties set forth under ORS
			 462.210 through ORS
			 462.277, the commission by
			 implementing this rule adds the following duties for all Commissioners:
(a) Attendance at commission meetings in
			 person, virtually or by phone unless excused for illness or other unavoidable
			 event.
(b) Active participation in
			 all commission matters including matters requiring approval by commission vote,
			 unless conflicted out per discussion with Board counsel.
(c) Participation in the annual evaluation of
			 the Executive Director.
(d)
			 Participation on commission appointed committees.
(e) Participation in the review and approval
			 of the commission budget.
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 10 - ADMINISTRATION › Section 462-010-0010 - Elections of Chair, Vice-Chair and Secretary

Current through Register Vol. 63, No. 7, July 1, 2024
The Chair, Vice-Chair and Secretary (should the commission opt
				to appoint a secretary) shall be elected biennially. Commissioners may be
				elected to the positions of Chair, Vice-Chair and Secretary for consecutive
				terms. Elections shall be held on the last scheduled commission meeting of each
				even calendar year. Terms of office shall run for two years beginning January 1
				of the odd calendar year after elections.
Statutory/Other Authority: ORS
				  462.270 & ORS
				  462.270(3)
Statutes/Other Implemented: ORS
				  462.270 & ORS
				  462.270(3)
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 10 - ADMINISTRATION › Section 462-010-0020 - Commissioner Vacancies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following
			 appointment by the Governor and approval by the Senate, a new Commissioner
			 shall take the oath of office at the next regularly scheduled Commission
			 meeting and shall serve, at the pleasure of the Governor, for a four year term,
			 and until their successor is appointed and qualified.
(2) An unanticipated Commissioner vacancy
			 shall be filled by appointment of the Governor for the unexpired
			 term.
(3) Any Commissioner may be
			 removed by the Governor for cause after a public hearing. Notice of hearing
			 shall fix the time and place for the hearing and shall specify the charges.
			 Copy of the notice shall be served on the commissioner by mailing it to the
			 commissioner at the last-known address of the commissioner at least 10 days
			 before the date fixed for the hearing.
Statutory/Other Authority: ORS
				  462.270, ORS
				  462.250 & ORS
				  462.230
Statutes/Other Implemented: ORS
				  462.270, ORS
				  462.250 & ORS
				  462.230
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 10 - ADMINISTRATION › Section 462-010-0030 - OAR 462-010-0030 Commission Member Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All Commission members shall receive the current Oregon legislative per diem
			 stipend for each day or portion thereof during which a member is engaged in the
			 performance of official duties.
(2)
			 Performance of official duties is defined as:
(a) Scheduled meetings:
(A) Commission meetings, including special
			 meetings via conference call or video,
(B) Commission committee meetings.
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 10 - ADMINISTRATION › Section 462-010-0040 - Additional Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
Subject to the Notice requirements of the Public Meetings Law,
				additional meetings may be called by the Commission Chair (or Vice-Chair if the
				Vice-Chair is acting in lieu of the Chair as otherwise provided by rule herein
				when necessary. Meeting dates shall be approved by the Commission Chair (or
				Vice-Chair as set forth above). Whereas the agenda for regular Commission
				meetings shall, when possible, be provided to Commissioners for review at least
				10 days prior to regularly scheduled meeting dates, agendas for additional
				meetings, such as Special Public Meetings or Emergency Public Meetings, will be
				provided as the time constraints for those meetings permit.
Statutory/Other Authority: ORS
				  462.270 & ORS
				  462.250
Statutes/Other Implemented: ORS
				  462.270
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 120 - LICENSING PROCEDURES › Section 462-120-0010 - Who Must Be Licensed

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 462.020 states: Licensing
				required for race meets, persons participating in race meets and public
				training tracks; licensees to observe rules and orders.
(1) No person shall hold any race meet
			 without having first obtained and having in full force and effect a license
			 therefore issued by the commission.
(2) No trainer, jockey, apprentice jockey,
			 horse owner, exercise rider, agent, authorized agent, jockey's agent, stable
			 foreman, groom, valet, veterinarian, horseshoer, steward, stable watchman,
			 starter, timer or other person acting as a participant or official at any race
			 meet, including all employees of the pari-mutuel department, owners and mutuel
			 managers of off-track establishments, employees of multi-jurisdictional
			 simulcasting and interactive wagering totalizator hubs, who work within the
			 State of Oregon, shall participate in race meets without having first obtained
			 and having in full force and effect a license issued by the commission,
			 pursuant to such rules as the commission shall make. The commission by rule may
			 require other employees of a race meet licensee who are engaged in or
			 performing duties at the race course to obtain a license issued by the
			 commission prior to engaging or performing such duties. The commission by rule
			 may also require persons, including corporations, who are not employees of a
			 race meet licensee, but who are authorized to do business at the race course,
			 to obtain a license issued by the commission prior to conducting such
			 business.
(3) No person shall
			 operate a public training track without having first obtained and having in
			 full force and effect a license issued by the commission.
(4) The commission may require each licensee
			 to be fingerprinted and photographed as part of the licensing
			 procedure.
(5) Each person holding
			 a license under this chapter shall comply with all rules and orders of the
			 commission.
(6) Notwithstanding the
			 requirements of subsection (2) of this section, the commission, upon receipt of
			 a written application for a license on forms provided by the commission, may in
			 its sound discretion issue a temporary license valid for a period not to exceed
			 10 days pending final approval or disapproval of the written application for a
			 license.
Stat. Auth.: ORS
				  462.250
Stats. Implemented: ORS
				  462.020
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 120 - LICENSING PROCEDURES › Section 462-120-0040 - Types of Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every person,
			 in order to obtain and maintain his/her qualifications for any license held by
			 him/her, shall attest to the knowledge of the rules and statutes, including all
			 amendments.
(2) Licenses are
			 personal in nature and expire upon the death of the licensee, and therefore are
			 void and without effect as a pre-requisite for the entry of a horse.
(3)
(a)
			 When the decedent was the sole owner the only mechanism by which the horse(s)
			 may be entered or run before the property rights in those horses have been
			 fully and completely transferred through legacy, intestate succession or
			 authorized sale, is as follows: upon presentation of letter of administration
			 or letters testamentary issued by a court of competent jurisdiction, or small
			 estate affidavit, the person named in the letter or affidavit shall be licensed
			 as an authorized agent of the estate of the decedent and allowed to enter the
			 horse(s) formerly owned by the decedent, subject to any limitations imposed by
			 the court.
(b) When the decedent
			 was the owner in part, the Board of Stewards may allow the horse(s) to be
			 entered and raced by the survivors provided any decedent's share of monies
			 earned are held pending legal transfer through legacy, intestate succession or
			 authorized sale. In order for this to be considered, the Board of Stewards must
			 be presented with a letter of administration or letters testamentary issued by
			 a court of competent jurisdiction, or small estate affidavit, the person named
			 in the letter or affidavit shall be licensed as an authorized agent of the
			 estate of the decedent and allowed to enter the horse(s) formerly owned by the
			 decedent, subject to any limitations imposed by the court.
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 120 - LICENSING PROCEDURES › Section 462-120-0050 - License Application Procedures; Requirements for Corporations and Partnerships; Stable/Assumed Name

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 License applications shall be made on forms furnished by the commission. An
			 application is not complete until the application form has been filled out
			 completely and signed by the applicant, the proper fee has been paid, and the
			 applicant has submitted all documentation and information reasonably requested
			 by the board of stewards or the commission. An oral interview may be required
			 in a particular case. All licensees are required to maintain current
			 information regarding themselves on file with the Oregon Racing Commission,
			 including but not limited to their current address, telephone number and any
			 information regarding rulings, arrests or convictions. The commission will send
			 all forms of written communications, including notices, to the address the
			 licensee has on file with the commission. Every person making application for a
			 license to hold a race meet shall file the application with the Oregon Racing
			 Commission in accordance with ORS
			 462.050. The application for
			 license should be addressed and mailed to the Oregon Racing Commission, P.O.
			 Box 366, Gresham OR 97030; or faxed to (971) 673-0213; or emailed to
			 orc.info@orc.oregon.gov. All applications, which will be due thirty days prior
			 to the scheduled commission meeting at which the application is to be
			 presented, should include:
(a) The
			 applicant's legal name;
(A) If the applicant
			 is a corporation, the names, addresses, dates of birth of its shareholders,
			 directors and officers; if a shareholder is a corporation the date of
			 incorporation, the place of incorporation and the names, addresses, and dates
			 of birth of its designated representative, directors and officers must be
			 provided; and
(B) If the applicant
			 is a partnership the names, addresses, dates of birth of the partners; if a
			 partner is a corporation the date of incorporation, the place of incorporation
			 and the names, addresses, and dates of birth of its designated representative
			 must be provided.
(C) If the
			 shareholder of a corporate licensee, or a partner of a partnership licensee, is
			 a corporation, the designated representative of that corporation shall provide
			 to the commission the names, addresses and birth dates of that corporation's
			 shareholders promptly upon request by the stewards or the executive director of
			 the commission.
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 120 - LICENSING PROCEDURES › Section 462-120-0060 - Temporary Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt
			 of a completed application, the commission may issue a temporary license. The
			 temporary license must be in the licensee's possession at all times while on a
			 racecourse. A temporary license, except a temporary owner's license issued
			 under OAR 462-120-0040(4)(b)(i), is valid for 10 days unless it is replaced by
			 a regular license or until the applicant is served with a ruling denying
			 licensure, whichever occurs first. Another temporary license may be issued and
			 is valid for an additional 10 days unless it is replaced by a regular license
			 or until the applicant is served with a ruling denying licensure.
(2) Upon receipt of a completed application,
			 the commission may issue a Special Event License to any person employed by, or
			 acting under the direct supervision of, a licensed advanced deposit wagering
			 company located in the State of Oregon. The Special Event License shall
			 automatically expire 1 year from the date of issuance without notice.
			 Employment under this Special Event License shall not exceed 90 work days
			 during the period of licensure. The fee for this license shall be
			 $20.00.
Stat. Auth.: ORS
				  462.270(3)
Stats. Implemented: ORS
				  462.020
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 120 - LICENSING PROCEDURES › Section 462-120-0070 - Stable Names

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission
			 will not license a stable name if the Association of Racing Commissioners
			 International (ARCI) registry shows that someone else has already registered
			 that stable name or a name which is so similar that it could mislead the
			 public, if the stable name is the real name of any horse owner, or the stable
			 name is determined by the stewards to be detrimental to the best interests of
			 racing.
(2) No owner may race under
			 a stable name unless the stable is licensed by the commission. A person may own
			 or have an interest in horses which race out of different stables so long as
			 all ownership interests are disclosed in writing to the commission and the race
			 office. A person may not use his or her real name if the person has a licensed
			 stable name and wholly owns the horses in the stable.
(3) When applying for a stable name license,
			 the applicant must disclose the identities of all persons having an interest in
			 the stable.
(4) In order to change
			 the name of a stable, without changing the ownership interest of the stable, a
			 person must apply for a new stable name license.
(5) If a partnership with a written agreement
			 is involved in the ownership of a stable, the partnership agreement must be in
			 compliance with the rules covering partnerships.
(6) If a corporation is involved in the
			 ownership of a stable, the corporation must be in compliance with the rules
			 covering corporations.
(7) The
			 stable name shall be carried on the official program.
(8) No individual participating as a trainer
			 or assistant trainer at a race meet may have any interest in a stable or stable
			 name at the same race meet except that for which he or she is the trainer or
			 assistant trainer except with permission of the stewards (such as difference in
			 breeds).
(9) The commission may
			 refuse to license any stable whose name is misleading to the public or
			 unbecoming to the sport.
Stat. Auth.: ORS
				  462.250
Stats. Implemented: ORS
				  462.020
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 120 - LICENSING PROCEDURES › Section 462-120-0090 - Assumed Names

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission
			 will not license an assumed name if the Association of Racing Commissioners
			 International (ARCI) registry shows that someone else has already registered
			 that name or a name which is so similar that it could mislead the public, if
			 the name is the real name of any racing animal owner, or the name is determined
			 by the stewards to be detrimental to the best interests of racing.
(2) No owner may race under an assumed name
			 unless the name is licensed by the commission. A person may own or have an
			 interest in racing animals which race out of different stables so long as all
			 ownership interests are disclosed in writing to the commission and the race
			 office. A person may not use his or her real name if the person has a licensed
			 stable/assumed name and wholly owns the horses in the stable.
(3) When applying for an assumed name
			 license, the applicant must disclose the identities of all persons having an
			 interest in the assumed name.
(4)
			 In order to change the assumed name, without changing the ownership interest of
			 the name, a person must apply for a new assumed name license.
(5) If a partnership with a written agreement
			 is involved in the ownership of an assumed name the rules covering partnerships
			 must be complied with.
(6) If a
			 corporation is involved in the ownership of an assumed name, the rules covering
			 corporations must be complied with.
(7) The assumed name shall be carried on the
			 official program.
(8) No individual
			 participating as a trainer or assistant trainer at a horse race meet may have
			 any interest in a stable or assumed name at the same race meet except that for
			 which he or she is the trainer or assistant trainer except with permission of
			 the stewards (such as difference in breeds).
Stat. Auth.: ORS
				  462.250
Stats. Implemented: ORS
				  462.020
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 120 - LICENSING PROCEDURES › Section 462-120-0100 - Renewals; Reapplications; Duplicates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Reapplication.
(a) Any person who, for reasons specific to
			 that license category, has had a license application denied by the commission
			 or stewards must wait at least six months before reapplying for that category
			 of license unless otherwise specified in the order.
(b) If a license is denied due to failure of
			 a written or oral exam, the stewards may consider a period of less than six
			 months before the applicant can reapply for a license. In no case shall the
			 applicant be eligible to reapply within 30 days from the date the application
			 was denied.
(c) Any person who has
			 had a license application denied by the commission or stewards for reasons not
			 specific to a particular license category (such as criminal background, license
			 falsification, or financial irresponsibility) shall not be eligible to apply
			 for a license in any category for a period of at least six months unless
			 otherwise specified in the order.
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 120 - LICENSING PROCEDURES › Section 462-120-0110 - When License Valid; Restricted Areas; Use and Display of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When License
			 May Be Used. Licensees shall use their license to enter a restricted area only
			 when necessary to perform duties as a participant in a race meet. Any licensee
			 who is employed by or is an authorized agent for a racing animal owner, stable
			 owner, trainer or race meet licensee, shall promptly surrender their license to
			 the commission upon termination of their employment or agent relationship. The
			 commission shall keep the license until the license expires or until the
			 licensee is again employed as a participant in a race meet.
(2) Restricted Area, Unauthorized Area. No
			 one may enter a restricted area without a displayed current license issued by
			 the commission, except commission members or employees, media representatives,
			 and guests displaying a guest pass duly issued by the commission. No person
			 (including licensee) may enter an unauthorized area without a proper credential
			 or license or permission of the stewards. Guests must be accompanied by
			 security personnel, a commission employee or representative, or a
			 representative of the race meet licensee. For stable area only: Owners,
			 trainers, association officials, racing officials, and commission personnel may
			 register guests at the entrance to the stable. Any other licensee wishing to
			 register guests at the entrance must meet the criteria of a guest pass system
			 developed by the race meet licensee and approved by the executive director of
			 the commission. The licensed participant is responsible for the actions of the
			 guest and must accompany the guest around the area.
(3) Possession and Display of License.
			 Licensees who enter a racecourse must carry their license with them at all
			 times and must show the license to any racing official upon request. Licensees
			 who enter any restricted area shall at all times have displayed on their
			 person, with photo visible, their commission license. All guests in a
			 restricted area shall display their guest pass at all times. Guests are not
			 permitted to perform work functions.
(4) Protection of License. Licensees must
			 take all reasonable precautions to safeguard their license, to prevent the
			 license from being lost, misplaced or stolen. No licensee shall allow any other
			 person to use the licensee's license for any purpose whatsoever. Licenses are
			 not transferable.
(5) Possession of
			 a license does not guarantee the right of the license holder to employment at
			 or participation in a race meet or to be within the enclosure. A licensee must
			 have a business purpose to be within any restricted area on a
			 racecourse.
Stat. Auth.: ORS
				  462.270(3)
Stats. Implemented: ORS
				  462.020
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 120 - LICENSING PROCEDURES › Section 462-120-0120 - Additional Grounds for Refusing a License

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the specific licensing criteria listed in ORS
				462.075:
(1) An application by a corporation may be
			 denied if any officer, director, or stockholder could be denied a
			 license.
(2) An application by a
			 partnership may be denied if any general or limited partner could be denied a
			 license.
(3) The commission may
			 refuse to license or may suspend the license of anyone who accumulates unpaid
			 obligations, or defaults in obligations, or otherwise displays financial
			 irresponsibility in connection with the feeding, care, maintenance, training,
			 equipment, and racing of racing animals. Financial irresponsibility as used in
			 this rule means the debtor obligation has been reduced to judgment and remains
			 unsatisfied, or the licensee does not dispute the obligations and the
			 obligations remain unpaid.
(4) A
			 license application may be denied for any reason which could constitute grounds
			 for suspension or revocation. A license may be suspended and/or revoked if it
			 is determined, through means of a due process, that the applicant could have
			 been refused a license if the true facts were known at the time the license was
			 issued or commits an act subsequent to being licensed that would disqualify the
			 licensee from holding that license.
(5) A licensee of the Oregon Racing
			 Commission must report any criminal charges (either misdemeanor or felony)
			 against the licensee to any staff member of the Oregon Racing Commission as
			 soon as possible after the event occurs; but no later than 72-hours after the
			 charges are filed. Failure to comply may result in an immediate license
			 suspension and further disciplinary action as determined appropriate by the
			 Commission Stewards.
Stat. Auth.: ORS
				  462.270(3)
Stats. Implemented: ORS
				  462.020
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 130 - PROHIBITED CONDUCT AND HEARING PROCEDURES › Section 462-130-0030 - Informal Stewards' Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
The board of stewards, at their discretion, may hold an
				informal hearing with a licensee and any other appropriate persons in order to
				discuss an alleged or apparent violation of the statutes or rules of racing by
				the licensee. Oral notice to the licensee is sufficient to commence an informal
				hearing. After the hearing, no sanction or penalty may be imposed by the
				stewards, except those involving riding infractions, unless all affected
				parties agree to it.
Stat. Auth.: ORS
				  462.270(3)
Stats. Implemented: ORS
				  462.405
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 130 - PROHIBITED CONDUCT AND HEARING PROCEDURES › Section 462-130-0040 - Formal Stewards' Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 130 - PROHIBITED CONDUCT AND HEARING PROCEDURES › Section 462-130-0050 - Appeal to the Commission; Stay Pending Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person who is the subject of any stewards' order or ruling, other than those
			 concerning a disqualification in a race due to a foul or riding infraction, may
			 file a written appeal requesting a hearing under ORS 183 (the Oregon
			 Administrative Procedures Act) The appeal must be filed with the commission at
			 PO Box 366 Gresham, OR 97030. The appeal must be received by the commission,
			 within ten days from the date the Stewards order or ruling was served, unless a
			 different filing deadline was expressly specified in the Steward's order or
			 ruling. Evidence of the filing date of the written appeal will be the postmark
			 date on the envelope which contained the written appeal, the date printed by
			 the facsimile machine or email, or other credible documentation of the date the
			 written appeal was sent to the commission. The appeal must be signed by the
			 appealing party and shall set forth clearly and concisely the following
			 information:
(a) The order, ruling, or
			 decision to be reviewed and the date thereof.
(b) The specific act or failure to act upon
			 which the appeal is based, and the date or dates upon which they
			 occurred.
(c) The address to which
			 any notices from the commission to the appellant (owner, out rider, jockey
			 ect.) may be mailed and emailed.
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 130 - PROHIBITED CONDUCT AND HEARING PROCEDURES › Section 462-130-0060 - Commission Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
The commission may initiate a formal hearing on its own motion,
				or shall have a formal hearing held as a result of receipt of an appeal as
				provided in OAR 462-130-0050  or upon referral from the stewards. Commission
				hearings shall be conducted by an administrative law judge from the Office of
				Administrative Hearings under ORS 183 (the Oregon Administrative Procedures
				Act). Commission hearings conducted by the Office of Administrative Hearings
				will be de novo, which means the commission will consider anew all evidence and
				charges against the licensee. Subject to objections which may be made at the
				hearing, the commission may incorporate all or part of the stewards' record
				into its own record. If the commission concludes that a violation occurred, it
				may order any appropriate penalty or sanction, including but not limited to
				warning, letter of reprimand, probation, fine, suspension, license revocation,
				exclusion, or any combination. Final orders of the commission may be appealed
				to the Oregon Court of Appeals as provided in ORS
				183.480.
Stat. Auth.: ORS
				  462.270(3)
Stats. Implemented: ORS
				  462.405
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 130 - PROHIBITED CONDUCT AND HEARING PROCEDURES › Section 462-130-0070 - License Reinstatement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application.
(a) Any person who was licensed
			 by the commission but whose license was revoked, or whose license was
			 surrendered while under investigation or while pending a disciplinary
			 proceeding, and who desires to become relicensed by the commission must make
			 application for reinstatement by:
(A)
			 Completing a license reinstatement form provided by commission staff, along
			 with a completed license application and fee, and
(B) Otherwise complying with this
			 rule.
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 140 - DUTIES › Section 462-140-0010 - Authorized Agent

Current through Register Vol. 63, No. 7, July 1, 2024
An authorized agent may act for the registering owner as set
				forth in the application form. No authorized agent may sign on behalf of any
				owner the certificate of registration for any racing animal in the absence of a
				valid power of attorney authorizing such signature.
Stat. Auth.: ORS
				  462.270(3)
Stats. Implemented: ORS
				  462.270
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 140 - DUTIES › Section 462-140-0020 - Mutuel Manager

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The mutuel
			 manager shall be in charge of the mutuel department and shall enforce all
			 pari-mutuel rules of the commission.
(2) The mutuel manager shall ensure that
			 minors are not allowed to wager.
(3) The mutuel manager shall ensure that the
			 wagering facilities and pari-mutuel clerks present a neat appearance and that
			 the pari-mutuel clerks conduct themselves in an orderly, courteous and
			 professional manner.
Stat. Auth.: ORS
				  462.270(3)
Stats. Implemented: ORS
				  462.270
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 140 - DUTIES › Section 462-140-0025 - Photofinish Operator

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 photofinish operator shall maintain the photofinish and timing equipment in
			 proper working order, shall photograph each race, and shall notify the stewards
			 if lighting is insufficient to take adequate photos.
(2) When the "photo" sign is posted by the
			 stewards, the photofinish operator shall prepare a photograph which shall be
			 promptly made available for public viewing.
(3) The photofinish operator shall keep all
			 digital files for each race. These digital files shall be available for
			 reference or reproduction by the commission for 90 days after the last day of
			 the race meet.
Statutory/Other Authority: ORS
				  462.270(3)
Statutes/Other Implemented: ORS
				  462.270
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 140 - DUTIES › Section 462-140-0030 - Vendor

Current through Register Vol. 63, No. 7, July 1, 2024
Vendors must have a list of products they sell attached to the
				license application and a current copy of all state permits and licenses to
				dispense such products. The list of products and any changes to that list must
				be approved by a commission veterinarian and/or stewards.
Stat. Auth.: ORS
				  462.270(3)
Stats. Implemented: ORS
				  462.270
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 140 - DUTIES › Section 462-140-0050 - Racing Officials; Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All racing
			 officials, except commission employees, shall be appointed by the race meet
			 licensee, subject to confirmation by the commission. The commission may, for
			 good cause, require the removal of any racing official.
(2) No racing official or assistant to a
			 racing official shall wager on any race in the race meet or have any other
			 interest in the outcome of any race or in any racing animal racing in the race
			 meet. No racing official or assistant shall engage in any business transaction
			 with, or accept anything of more than nominal value from, any licensee
			 participating in the race meet.
(3)
			 It is the duty of every racing official to report immediately to the stewards
			 every violation of ORS chapter 462 or the rules of racing observed by the
			 racing official.
(4) Complaints
			 against a racing official other than a steward shall be made in writing to the
			 stewards. Complaints against a steward shall be made in writing to the
			 commission at the following address: Oregon Racing Commission, P.O. Box 366,
			 Gresham, OR 97030; or faxed to (971) 673-0213; or emailed to
			 orc.info@orc.oregon.gov. All complaints shall be signed and dated by the
			 complainant and show the complainant's current address and a copy of the
			 complaint shall be forwarded to the commission.
(5) No racing official shall express
			 disagreement with a ruling or order of any other racing official, except in
			 private to the racing official involved, to other racing officials, to the race
			 meet licensee, to the board of stewards or to the commission.
(6) Racing officials may be licensed in more
			 than one official category if in the opinion of the stewards or the commission
			 the duties of the official positions can be performed properly by the person
			 and do not cause a conflict of interest. Racing officials may also hold a
			 license in another category if in the opinion of the stewards or the commission
			 the dual license assists the person to better perform the duties of the
			 official position and is not specifically prohibited.
Statutory/Other Authority: ORS
				  462.270(3)
Statutes/Other Implemented: ORS
				  462.270
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 140 - DUTIES › Section 462-140-0080 - Commission Supervisor of Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission may appoint a supervisor
			 of licensing to audit and report on the licensing of participants during each
			 race meet. The supervisor of licensing shall have access to all necessary
			 forms, papers, records or any other information which pertain to licensing by
			 the Oregon Racing Commission.
(2)
			 The supervisor of licensing shall be empowered to direct the race meet licensee
			 to adopt such procedures and to install such methods and such systems as he/she
			 deems necessary to ensure compliance with the law and rules regarding licensing
			 of participants by the commission. The supervisor of licensing shall report to
			 the stewards any failure of the race meet licensee or a participant to comply
			 with the provisions, or any violation of the law or rules regarding licensing
			 which may come to his/her attention. The supervisor of licensing may include in
			 such reports to the stewards any recommendations he/she may have with respect
			 to the revocation or denial of licenses of any employee of the race meet
			 licensee, participant of the race meet or any other licensee for failure to
			 comply with the law and/or the rules regarding licensing by the
			 commission.
Stat. Auth.: ORS
				  462.270(3)
Stats. Implemented: ORS
				  462.270
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 140 - DUTIES › Section 462-140-0090 - Commission Supervisor of Pari-Mutuels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission may appoint a
			 representative to be known as the supervisor of pari-mutuels to audit and
			 report on the conduct of the mutuel department during each race meeting. The
			 supervisor of pari-mutuels, as well as a member or members of the commission,
			 shall be given free access to all of the books, papers and records of the race
			 meet licensee at any and all times.
(2) The supervisor of pari-mutuels shall be
			 empowered to direct the race meet licensee to adopt such rules and regulations
			 and to install such methods and systems of operating the mutuel department as
			 may be deemed necessary so as to ensure compliance with the law and the rules
			 and regulations of the commission. The said supervisor shall report to the
			 commission any failure of the licensee to comply with the provision hereof or
			 any violation of the law or any of the rules, any regulations of the commission
			 which may come to his/her attention, including in his/her reports,
			 recommendations with respect to the revocation of the licenses of any employee
			 of the race meet licensee for failure to comply with the rules or regulations
			 of the commission, or for fraud, dishonesty, or incompetency.
Stat. Auth.: ORS
				  462.270(3)
Stats. Implemented: ORS
				  462.270