Giles v. Horse Racing Commission

53 Wash. App. 1001
CourtCourt of Appeals of Washington
DecidedFebruary 27, 1989
DocketNo. 21459-4-I
StatusPublished

This text of 53 Wash. App. 1001 (Giles v. Horse Racing Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Giles v. Horse Racing Commission, 53 Wash. App. 1001 (Wash. Ct. App. 1989).

Opinion

Forrest, J.

—Carl Giles appeals the superior court decision affirming the Washington Horse Racing Commission's (Commission) affirmance of the disqualification of Giles's racehorse and redistribution of the purse by the racing stewards. We affirm.

Carl Giles is the owner-trainer of a horse that finished second in the ninth race at Longacres racetrack on August 11, 1984. The horse was tested for the presence of prohibited medications immediately after the race. Analysis of the horse's urine sample revealed it had raced with a prohibited drug in its body. At a hearing on August 19, 1984, the Board of Stewards disqualified the horse pursuant to WAC 260-70-021 for racing with a prohibited drug in its system.

Giles appealed to the Commission on August 20, 1984. After a hearing, the Commission upheld the ruling of the Board of Stewards. On appeal, the trial judge remanded the case to the Commission for consideration of whether a rational basis existed for the rule prohibiting certain medications in 2-year-olds that are permitted in older race horses. On remand, the Commission affirmed the legality of WAC 260-70-021. Giles appealed to superior court a second time. The court affirmed the Commission's order in all aspects on November 13, 1987.

Giles makes numerous assignments of error, considered here in turn. First, he alleges the Commission erred by not applying criminal law and principles to its administrative hearing. An administrative hearing is a civil proceeding. The hearing provided is calculated to satisfy an aggrieved party's due process rights without necessarily requiring the full procedural safeguards warranted in a criminal trial. In re Deming, 108 Wn.2d 82, 736 P.2d 639 (1987); Christensen v. Terrell, 51 Wn. App. 621, 754 P.2d 1009 (1988). Furthermore, a court will review a claimed error only when supported by argument and citations to legal authority, which Giles has failed to do. BC Tire Corp. v. GTE Directories Corp., 46 Wn. App. 351, 355, 730 P.2d 726 (1986), review denied, 108 Wn.2d 1013 (1987); RAP 10.3(a)(5).

[934]*934Second, Giles claims the Commission erred by not dismissing the case because the State destroyed his horse's blood sample without testing it.

At the conclusion of the race, a blood and a urine sample were taken from Giles's horse. The blood sample was destroyed by the testing laboratory when phenylbutazone, a prohibited medication, was found in the urine sample. Giles relies upon State v. Vaster, 99 Wn.2d 44, 659 P.2d 528 (1983), to argue the case must be dismissed because potentially material evidence was destroyed. In Vaster, the court said that when the government destroys evidence which may have been material, the trier of fact must look to the reasonable possibility that the destroyed evidence was material and favorable to the defendant. Vaster, at 50.

No Washington court has yet applied the Vaster rule to administrative proceedings. Although application of such rule may sometimes be appropriate in civil proceedings, Vaster still requires the defendant to establish that the missing evidence had a reasonable possibility of enabling him to present a defense. Vaster, at 52. Giles has not established the "reasonable possibility" that preservation of the blood sample would have been exculpatory. Furthermore, the horse's urine test was mandatory under WAC 260-70-040. Taking a blood sample, in this case, was optional. It is extremely probable such evidence would have been cumulative. Nothing in the record suggests otherwise.

Pier 67, Inc. v. King Cy., 89 Wn.2d 379, 573 P.2d 2 (1977) does not require a contrary result. That case recognizes the following long-standing rule:

[W]here relevant evidence which would properly be a part of a case is within the control of a party whose interests it would naturally be to produce it and he fails to do so, without satisfactory explanation, the only inference which the finder of fact may draw is that such evidence would be unfavorable to him.

Pier 67, at 385-86. In Pier 67, the loss or destruction of evidence occurred during pendency of the litigation. It was the only evidence which could establish certain essential [935]*935facts. Here, however, the mandatory urine sample was preserved. Only the optional blood sample was destroyed, in accordance with routine laboratory procedure, after the urine test was found to be positive. Even if a negative inference were drawn due to the destroyed evidence, it would not have exculpated Giles.

Third, Giles claims the Commission erred by not dismissing the case since he received improper notice. He asserts his due process rights were violated because the notice of hearing provided by the Commission mistakenly said "a blood sample," rather than a urine sample, was tested. However, Giles knew from the stewards' meeting, from the laboratory test reports, and from correspondence with counsel that his horse's urine had been tested. He also rejected an offer of continuance during the Commission hearing. This assignment of error is without merit and approaches the frivolous.

Fourth, Giles alleges the Commission erred by admitting the urine sample into evidence because the chain of custody was insufficiently established. The standard for admission of evidence in agency proceedings is set forth in the administrative procedure act, RCW 34.04.100(1):

Agencies, or their authorized agents, may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. They shall give effect to the rules of privilege recognized by law. They may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.

This standard is reiterated in WAC 260-08-520, which reads:

Subject to the other provisions of these rules, all relevant evidence is admissible which, in the opinion of the officer conducting the hearing, is the best evidence reasonably obtainable, having due regard for its necessity, availability and trustworthiness. In passing upon the admissibility of evidence, the officer conducting the hearing shall give consideration to, but shall not be bound to follow, the rules of evidence governing civil proceedings, [936]*936in matters not involving trial by jury, in the superior court of the state of Washington.

We previously rejected appellant's position that strict criminal due process standards should prevail in an administrative hearing. The Commission properly exercised its wide discretion when receiving evidence as to the horse's urine sample.

Indeed, the thorough procedures followed during collection and testing of urine samples establish a solid chain of custody. The test barn where samples are taken is a restricted area. The sample from Giles's horse was collected under the supervision of the state veterinarian, Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

BC Tire Corp. v. GTE Directories Corp.
730 P.2d 726 (Court of Appeals of Washington, 1986)
Pier 67, Inc. v. King County
573 P.2d 2 (Washington Supreme Court, 1977)
Christensen v. Terrell
754 P.2d 1009 (Court of Appeals of Washington, 1988)
State v. Grisby
647 P.2d 6 (Washington Supreme Court, 1982)
Deputy Sheriff's Ass'n v. Board of Commissioners for Yakima County
601 P.2d 936 (Washington Supreme Court, 1979)
In Re the Disciplinary Proceeding Against Deming
736 P.2d 639 (Washington Supreme Court, 1987)
State v. Vaster
659 P.2d 528 (Washington Supreme Court, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
53 Wash. App. 1001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giles-v-horse-racing-commission-washctapp-1989.