06-24-088

WSR 06-24-088

PROPOSED RULES

HORSE RACING COMMISSION

[ Filed December 5, 2006, 10:32 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-17-031.

     Title of Rule and Other Identifying Information: WAC 260-84-060 Penalty matrixes and 260-84-065 Licensees -- Drug and alcohol penalties.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on January 11, 2007, at 9:30 a.m.

     Date of Intended Adoption: January 11, 2007.

     Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail [e-mail], fax [phone], by January 8, 2007.

     Assistance for Persons with Disabilities: Contact Patty Sorby by January 8, 2007, TTY [phone].

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend penalty matrix in WAC 260-84-060 and drug and alcohol penalties in WAC 260-84-065 to update the rules of racing.

     Reasons Supporting Proposal: New penalties are needed to update the current rules of racing, chapter 260-84 WAC.

     Statutory Authority for Adoption: RCW 67.16.020.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington horse racing commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Douglas Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, [phone]; Implementation and Enforcement: Robert Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, [phone].

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

December 5, 2006

R. M. Leichner

Executive Secretary

OTS-9435.2

AMENDATORY SECTION(Amending WSR 06-07-058, filed 3/10/06, effective 4/10/06)

WAC 260-84-060   Penalty matrixes.   (1) The imposition of reprimands, fines and suspensions shall be based on the following penalty matrixes:

Class A and B Licensed Facilities
	1st Offense	2nd Offense	3rd Offense or subsequent offense
Smoking in restricted areas WAC 260-20-030	$25	$50	$100
Disturbing the peace WAC 260-80-140	Warning to $200 and/or suspension	Warning to $500 and/or suspension	Suspension
Person performing duties for which they are not licensed WAC 260-36-010	$50	$100	$150
Unlicensed or improperly licensed personnel or failure to report correct stall or registration paper count for LI purposes (trainer's responsibility) WAC 260-28-230 and 260-36-220	(($500)) Required to pay full labor and industries premium and assessed a fine equal to 50% of the premium due
Licensing - failure to divulge a felony WAC 260-36-120	$100 or possible denial of license
Licensing - failure to divulge a gross misdemeanor or misdemeanor WAC 260-36-120	Warning to $50
Licensing - providing false information on application WAC 260-36-120	$50 to $250 or possible denial of license
Licensing - nonparticipation WAC 260-36-080	License canceled
Violation of any claiming rule in chapter 260-60 WAC	$200 to $500 plus possible suspension
Use of improper, profane or indecent language to a racing official WAC 260-80-130	$50	$100	$250
Unsafe vehicle operation WAC 260-20-020	Warning to $50	$100 and recommend racing association revoke vehicle pass
Financial responsibility WAC 260-28-030	Resolve within 30 days or before the end of the meet (whichever is sooner) or suspension
Failure to appear - for ruling conference WAC 260-24-510	Suspension
Failure to honor riding engagements (call) - agents WAC 260-32-400	$75	$100	$200
Reporting incorrect weight - jockeys WAC 260-32-150	$50	$100	$200
Failure to appear for films - jockeys WAC 260-24-510	$50	$100	$200
Failure to fulfill riding engagement WAC 260-32-080	$100	$150	$200
Easing mount without cause WAC 260-52-040	$250	$250 and/or suspension	$500 and/or suspension
Jockey failing to maintain straight course or careless riding WAC 260-52-040	Warning to $750 and/or suspension (riding days)
Jockey's misuse of whip WAC 260-52-040	Warning to $2500
Use of stimulating device (may include batteries) WAC 260-52-040	1 year suspension plus mandatory referral to commission for revocation
Possession of stimulating device (may include batteries) WAC 260-52-040 and 260-80-100	1 year suspension plus mandatory referral to commission for revocation
Offering or accepting a bribe in an attempt to influence the outcome of a race WAC 260-80-010 and 260-80-020	1 year suspension plus mandatory referral to commission for revocation
Entering ineligible horse WAC 260-40-140 and 260-80-030	$50	$100	$100
Arriving late to the paddock WAC 260-28-200	Warning to $50	Warning to $50	$50 to $100
Failure to have registration papers on file - resulting in a scratch WAC 260-40-090	$50 to $100	$100	$100
Failure to obtain permission for equipment changes WAC 260-44-010	Warning to $50	$100	$100
Failure to report performance records WAC 260-40-100	Warning to $50	$100	$150
Insufficient workouts - resulting in scratch WAC 260-40-100	$50 to $100	$100	$100

Class C Licensed Facilities
	1st Offense	2nd Offense	3rd Offense or subsequent offense
Smoking in restricted areas WAC 260-20-030	$25	$50	$100
Disturbing the peace WAC 260-80-140	Warning to $100 and/or suspension	$250 and/or suspension	Suspension
Person performing duties for which they are not licensed WAC 260-36-010	$50	$100	$150
Unlicensed or improperly licensed personnel or failure to report correct stall or registration paper count for LI purposes (trainer's responsibility) WAC 260-28-230 and 260-36-220	(($500)) Required to pay full labor and industries premium and assessed a fine equal to 50% of the premium due
Licensing - failure to divulge a felony WAC 260-36-120	$100 or possible denial of license
Licensing failure to divulge a misdemeanor or gross misdemeanor WAC 260-36-120	Warning to $25
Licensing - providing false information on application WAC 260-36-120	$50 to $250 or possible denial of license
Licensing - nonparticipation WAC 260-36-080	License canceled
Violation of any claiming rule in chapter 260-60 WAC	$100 to $250 plus possible suspension
Use of improper, profane or indecent language to a racing official WAC 260-80-130	$50	$100	$250
Unsafe vehicle operation WAC 260-20-020	Warning to $50
Financial responsibility WAC 260-28-030	Resolve 30 days or before the end of the fall meet (whichever is sooner) to resolve or suspension
Failure to appear for ruling conference WAC 260-24-510	Suspension
Failure to honor riding engagements (call) - agents WAC 260-32-400	$25	$50	$100
Reporting incorrect weight - jockeys WAC 260-32-150	$25	$50	$100
Failure to appear for films - jockeys WAC 260-24-510	$25	$50	$100
Failure to fulfill riding engagement WAC 260-32-080	$50	$100	$200
Easing mount without cause WAC 260-52-040	$100	$200 and/or suspension	$400 and/or suspension
Jockey failing to maintain straight course or careless riding WAC 260-52-040	Warning to $750 and/or suspension (riding days)
Jockey's misuse of whip WAC 260-52-040	Warning to $2500
Use of stimulating device (may include batteries) WAC 260-52-040	1 year suspension plus mandatory referral to commission for revocation
Possession of stimulating device (may include batteries) WAC 260-52-040 and 260-80-100	1 year suspension plus mandatory referral to commission for revocation
Offering or accepting a bribe in an attempt to influence the outcome of a race WAC 260-80-010 and 260-80-020	1 year suspension plus mandatory referral to commission for revocation
Entering ineligible horse WAC 260-40-140 and 260-80-030	$25	$50	$50
Arriving late to the paddock WAC 260-28-200	Warning to $25	$50	$50
Failure to have registration papers on file - resulting in a scratch WAC 260-40-090	$50	$100	$100
Failure to obtain permission for equipment changes WAC 260-44-010	Warning to $50	$50	$50

Class A, B and C Licensed Facilities
	1st Offense	2nd Offense	3rd Offense or subsequent offense
Tampering with a fire protection, prevention or suppression system or device WAC 260-20-030	$50	$100	$250 plus possible suspension
Failure to post problem gambling signs WAC 260-12-250	Warning to $50	$100	$200
Issuing a check to the commission with not sufficient funds WAC 260-28-030	$25	$50	$100
Failure to follow instructions of the outrider WAC 260-24-690	$50	$100	$200
Failure to complete provisional license application within fourteen days WAC 260-36-200	Warning to $100 and denial of license	$250 and denial of license	$500 and denial of license
Failure to pay or default on L&I payment agreement WAC 260-28-235	Per LI premium payment agreement, immediate suspension until paid plus $25 for each quarter payment is late
Failure to register employees with the commission (trainer's responsibility) WAC 260-28-230	Warning to $50
Unlicensed person on the backside WAC 260-20-040 and 260-20-090	Report violation to the racing association
Failure to wear proper safety equipment WAC 260-12-180	$50	$100	$200
Failure to display or possess license badge when in restricted area WAC 260-36-110	$25	$50	$100

     (2) In determining whether an offense is a first, second, third or subsequent offense, the commission, or designee shall include violations, which occurred in Washington as well as any other recognized racing jurisdiction. If a penalty is not listed under second or third/subsequent offense columns, the penalty listed in the "first offense" column shall apply to each violation.

     (3) Except as otherwise provided in this chapter, for any other violation not specifically listed above, the stewards ((shall)) have discretion to impose the penalties as provided in WAC 260-24-510 (3)(((b)))(a). For violations considered minor, the fine can be up to $500 and/or suspension for up to sixty days. Fines for violations considered major can be up to $2,500 and/or suspension up to one year.

     (4) Circumstances which may be considered for the purpose of mitigation or aggravation of any penalty shall include, but are not limited to, the following:

     (a) The past record of the licensee or applicant;

     (b) The impact of the offense on the integrity of the parimutuel industry;

     (c) The danger to human and/or equine safety;

     (d) The number of prior violations of these rules of racing or violations of racing rules in other jurisdictions; and/or

     (e) The deterrent effect of the penalty imposed.

     (5) For violations covered by chapter 260-70 WAC, Medication, the stewards shall follow the penalty guidelines as set forth in WAC 260-84-090.

     (6) The stewards may refer any matter to the commission and may include recommendations for disposition. The absence of a stewards' referral shall not preclude commission action in any matter. A stewards' ruling shall not prevent the commission from imposing a more severe penalty.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-058, § 260-84-060, filed 3/10/06, effective 4/10/06; 05-07-064, § 260-84-060, filed 3/11/05, effective 4/11/05. Rules of racing, § 381, filed 4/21/61.]

OTS-9427.1

AMENDATORY SECTION(Amending WSR 06-07-058, filed 3/10/06, effective 4/10/06)

WAC 260-84-065   Licensees -- Drug and alcohol penalties.   (1) Engaging in the illegal sale or distribution of alcohol in violation of WAC 260-34-020(2).

     (a) First offense - thirty-day suspension; and

     (b) Second or subsequent offense - one-year suspension and referral to the commission for revocation.

     (2) ((Use or possession of an illegal controlled substance, other than marijuana.)) Possessing any equipment, products or materials of any kind, which are used or intended for use in injecting, ingesting, inhaling or otherwise introducing into the human body an illegal controlled substance, other than marijuana in violation of WAC 260-34-020(5); or possessing or having within their body while on the grounds of a licensed race meet any illegal controlled substance, in violation of WAC 260-34-020 (1) or (4).

     (a) First offense - thirty-day suspension; and

     (b) Second offense - one-year suspension and referral to the commission for revocation.

     (3) ((Possession or use of marijuana.)) Possessing any equipment, products or materials of any kind, which are used or intended for use in ingesting, inhaling or otherwise introducing into the human body marijuana, in violation of WAC 260-34-020(5); or possessing or having within their body marijuana, an illegal controlled substance, while on the grounds of any licensed race meet, in violation of WAC 260-34-020(1).

     (a) First offense - three-day suspension;

     (b) Second offense - thirty-day suspension; and

     (c) Third or subsequent offenses - one-year suspension and referral to commission for revocation.

     (4) Being under the influence of or affected by intoxicating liquor and/or drugs in violation of WAC 260-34-020(1).

     (a) First offense - warning to one-day suspension;

     (b) Second offense - three-day suspension;

     (c) Third offense - thirty-day suspension; and

     (d) Subsequent offenses - one-year suspension and referral to commission for revocation.

     (5) ((Refusal)) Refusing to submit to a drug or alcohol test, in violation of WAC 260-34-020(6) will result in a penalty of a one-year suspension plus referral to the commission for revocation.

     (6) ((Possession of)) Possessing any equipment or material used to manufacture or distribute any controlled substance, or engaging in the sale, manufacturing or distribution of any illegal controlled substance or possessing an illegal controlled substance with intent to deliver on the grounds of any licensed race meet in violation of WAC 260-34-020 (3)((, (4), and)) or (5), immediate ejection from the grounds ((and)), a one-year suspension plus referral to the commission for revocation.

     (7)(a) For violations of WAC 260-34-020 (1) and (4), the board of stewards may stay a suspension if the licensee or applicant shows proof of participation in a drug rehabilitation or alcohol treatment program approved or certified by the department of social and health services. Individuals will only be allowed a stay of a suspension under this subsection once in a five-year period. If during ((this time)) the period of the stay a licensee or applicant violates the provisions of chapter 260-34 WAC, the violation for which the stay of suspension was entered will be considered as a prior violation for penalty purposes. Before being granted a stay of the suspension, the licensee or applicant must also agree to comply with the following conditions during the duration of the treatment program:

     (i) Remain in compliance with the rehabilitation and/or treatment program.

     (ii) Submit to random drug or alcohol testing at the discretion of the board of stewards or commission security investigators ((for a period of five years)).

     (iii) Have no ((further incidents of violating)) violations of chapter 260-34 WAC ((within the next twelve calendar months)).

     Upon completion of the rehabilitation or treatment program, the licensee or applicant must provide documentation of completion to the board of stewards. Upon making a determination that the licensee or applicant successfully completed the rehabilitation or treatment program, the board of stewards may direct that the final disposition of the violation will be that the licensee or applicant completed a treatment program in lieu of suspension.

     (b) If the board of stewards, after a conference, finds that the licensee or applicant failed to comply with the conditions ((of the stay, the original suspension may be imposed. Failure to remain in compliance with the rehabilitation and/or treatment program shall be considered a failure to comply with the conditions of the stay.

     (c) Upon successful completion of a drug or alcohol rehabilitation or treatment program, a licensee or applicant can request the board of stewards lift the suspension)) required in (a)(iii) of this subsection, the board of stewards has discretion to impose the original suspension authorized by this rule. If the failure to comply with the conditions of the stay is a violation of chapter 260-34 WAC, the board of stewards may also hold a ruling conference for that rule violation and impose such penalty as is provided for that violation.

     (8) Any licensee or applicant who tests positive (presumptive or confirmatory) for the presence of an illegal controlled substance is prohibited from performing any duties for which a license is required until the licensee does not test positive (presumptive or confirmatory) for the presence of any illegal controlled substance.

     (9) Any licensee or applicant who is affected by intoxicating liquor or who has an alcohol concentration of 0.08 percent or higher is prohibited from performing any duties for which a license is required until the licensee is not affected by intoxicating liquor and his/her alcohol concentration is below 0.08 percent.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-058, § 260-84-065, filed 3/10/06, effective 4/10/06.]