| (a) A contested case proceeding is one in which the Commission
is authorized or required by law to make a decision regarding the rights or
privileges of a person after notice and hearing. Pursuant to Government Code, §2003.021,
the executive secretary will refer all contested cases to the State Office
of Administrative Hearings (SOAH) for a hearing. Examples of contested case
proceedings are an administrative penalty issued by the executive secretary
and an appeal from a stewards' or judges' ruling.
(b) A decision-making proceeding is one in which the Commission
is authorized or required by law to make a decision regarding the rights or
privileges of a person in open meeting, but without an evidentiary hearing.
An example of a decision-making proceeding is the allocation of live race
dates pursuant to the Act, §§8.01 and 10.01.
(c) A proceeding before the stewards or racing judges is one
conducted pursuant to the Act, §3.07 or to authority granted by the Commission
in the Rules.
(d) A rulemaking proceeding is one in which the Commission
proposes or adopts a rule governing any matter within the Commission's jurisdiction.
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