2017 ORS 462.090¹
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]

Notes of Decisions

Under pro­vi­sion of ORS 183.450 (Evidence in contested cases) 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

Chapter 462

Atty. Gen. Opinions

County imposing income tax on kennel club, (1980) Vol 40, p 316

1 Legislative Counsel Committee, CHAPTER 462—Racing, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors462.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 462, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano462.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.