(2) Notwithstanding ORS 183.430 (1), the Oregon Racing Commission may, with at least 14 days’ notice, suspend or refuse to renew a license authorized under ORS 462.725 without hearing if the commission finds that the licensee has committed an intentional violation of federal or Oregon law or commission rules.
(3)(a) If the licensee demands a hearing prior to the date an order to suspend or refuse renewal of a license becomes effective, the commission:
(A) May stay the order; and
(B) Shall grant the licensee a hearing as soon as practicable, but no later than 15 days after receipt of the demand.
(b) If the commission stays the order pending the hearing, and the licensee demonstrates that the licensee was not in violation of or has come into compliance with the applicable law or rule, the proposed suspension or refusal to renew the license may not become effective.
(4) The commission order suspending or refusing to renew the license under subsection (1) or (2) of this section must set forth the facts that the commission found to support the suspension or refusal of renewal. Except as provided in subsection (6) of this section, if the licensee demands a hearing within 90 days after the date on the notice informing the licensee of the suspension or refusal to renew the license, the commission shall grant the licensee a hearing as soon as practicable, but no later than 15 days after receipt of the demand.
(5) The Office of Administrative Hearings shall issue a proposed order no later than 15 days after the hearing record closes. Notwithstanding ORS 183.464, the commission shall issue a final order no later than 15 days after issuance of the proposed order or, if exceptions are filed, no later than 15 days after all exceptions are filed.
(6) The commission and the licensee may mutually agree to extend any time allowed under subsection (4) or (5) of this section for granting a hearing or issuing an order. The commission is not required to provide a hearing under subsection (4) of this section if the order suspending or refusing to renew the license:
(a) Is accompanied by, or pursuant to, a citation for violation that is subject to judicial determination in a court of this state; and
(b) Will, by the terms of the order, terminate if the court issues a final judgment on the citation in favor of the licensee.
(7) The commission shall adopt rules that require licensees to meet specific financial obligations. [2009 c.406 §2]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Section 462.010 - Definitions.
Section 462.020 - License requirement; authority of commission to require fingerprints; rules.
Section 462.040 - Race meet licenses, classes, limitations, contents; rules.
Section 462.057 - License and other fees and purses; track fund.
Section 462.067 - License and other fees for race meets not subject to ORS 462.057 and 462.062.
Section 462.068 - Fees for wagering on certain previously held races.
Section 462.075 - Grounds for refusal to issue or renew licenses; hearing.
Section 462.080 - Exclusion of certain persons from race courses; hearing; penalty.
Section 462.090 - Revocation, suspension and refusal to renew licenses; hearing; civil penalty.
Section 462.100 - License fee and tax in lieu of all others; exception.
Section 462.125 - Number and classes of race meets; unused race days; conflicting race dates.
Section 462.142 - Account wagering.
Section 462.147 - Mutuel pools; forms of mutuel wagering; wagering devices; rules.
Section 462.150 - Regulation of underpayments; effect of tax.
Section 462.155 - Wagering on races previously held.
Section 462.157 - Limitations on wagering on historical animal racing.
Section 462.185 - Issuance of licenses to animal owners or trainers; conditions; revocation.
Section 462.195 - Written statement of age from purchaser of mutuel wagering ticket or receipt.
Section 462.210 - Oregon Racing Commission; appointment; confirmation.
Section 462.230 - Vacancies and removal.
Section 462.260 - Oregon Racing Commission Account; office, records and annual report of commission.
Section 462.270 - Duties of commission; rules.
Section 462.272 - Power of commission to administer oaths, take depositions, issue subpoenas.
Section 462.273 - Prohibited activities of commission, staff and family members.
Section 462.275 - Commission activities concerning betterment of racing; establishment of library.
Section 462.301 - Definitions for ORS 462.301 to 462.340.
Section 462.304 - Legislative findings.
Section 462.307 - Lawful exchange wagering.
Section 462.310 - Exchange wagering accounts.
Section 462.313 - Exchange wagering license; rules.
Section 462.316 - Prohibition on accepting certain wagers; suspension or closure of account.
Section 462.337 - Limitations on authority of Oregon Racing Commission.
Section 462.408 - Recovery of owed amounts.
Section 462.415 - Animals prohibited from racing; prohibited acts; rules.
Section 462.430 - Prohibitions concerning influencing results of races.
Section 462.450 - Regulation of possession, transportation or use of drugs at race course.
Section 462.710 - Application; contents; conditions; revocation of authority.
Section 462.720 - Pooling wagered moneys; surcharge on wagering by licensee.
Section 462.735 - Suspension or refusal to renew license; hearing; rules.