Chapter 462

 

      Chapter 462

 

ATTY. GEN. OPINIONS: County imposing income tax on kennel club, (1980) Vol 40, p 316

 

      462.010

 

NOTES OF DECISIONS

 

      Sulfonamides are “drugs” within meaning of this section. Legg v. Oregon Racing Commission, 89 Or App 198, 748 P2d 156 (1988)

 

      462.040

 

NOTES OF DECISIONS

 

      Oregon State Fair is subject to ORS 462.057 (statute requiring certain payments to Racing Commission) so Racing Commission may issue licenses for more than one class of racing at Fair. Rhine v. Racing Comm’n, 40 Or App 651, 596 P2d 576 (1979)

 

ATTY. GEN. OPINIONS: Holding both dog and horse races at State Fair race track, (1978) Vol 38, p 2173

 

      462.057

 

NOTES OF DECISIONS

 

      Since state fair is required by ORS 462.125 to pay the fees specified in this section it is still “subject to” this section, even though it is not named therein. Rhine v. Racing Comm’n, 40 Or App 651, 596 P2d 576 (1979)

 

ATTY. GEN. OPINIONS: Construing “primarily” for improving the race track facilities benefiting the horsemen in the barn area, (1972) Vol 35, p 1208

 

      462.062

 

ATTY. GEN. OPINIONS: Breeder’s award from percentage of gross mutual wagering, (1974) Vol 36, p 1030; disbursements of percent of purse supplements to horse owners, (1977) Vol 38, p 1315

 

      462.070

 

ATTY. GEN. OPINIONS: Fee required for each category, (1976) Vol 37, p 1512

 

      462.090

 

NOTES OF DECISIONS

 

      Under provision of ORS 183.450 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

 

      462.100

 

NOTES OF DECISIONS

 

      This section only limits a county’s power to impose license and privilege taxes for the privilege of conducting a race meet and therefore Multnomah County’s business income tax on Multnomah Kennel Club is valid. Multnomah Kennel Club v. Dept. of Rev., 295 Or 279, 666 P2d 1327 (1983)

 

      462.125

 

NOTES OF DECISIONS

 

      The word “may” was not construed to mean “shall.” Gleason v. Love, 14 Or App 97, 511 P2d 435 (1973), Sup Ct review denied

 

      462.130

 

ATTY. GEN. OPINIONS: Breeder’s award from percentage of gross mutual wagering, (1974) Vol 36, p 1030

 

      462.250

 

ATTY. GEN. OPINIONS: Methods of payment of steward at race meet, (1975) Vol 37, p 341

 

      462.270

 

NOTES OF DECISIONS

 

      Oregon Racing Commission has exclusive authority to render decisions on subject of licensing race meets. Lone Oak Racing, Inc. v. Oregon Racing Commission, 162 Or App 111, 986 P2d 596 (1999)

 

ATTY. GEN. OPINIONS: Track operator and commission control over use of special track fund, (1972) Vol 35, p 1208

 

      462.405

 

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)

 

      462.415

 

NOTES OF DECISIONS

 

      Racing Commission is not obligated under this section to adopt Rule regarding medications. Legg v. Oregon Racing Commission, 89 Or App 198, 748 P2d 156 (1988)

 

      462.720

 

NOTES OF DECISIONS

 

      Oregon Racing Commission may authorize off-race course mutuel wagering only for live races. MEC Oregon Racing, Inc. v. Oregon Racing Commission, 233 Or App 9, 225 P3d 61 (2009), Sup Ct review denied