WSR 14-03-055
PERMANENT RULES
[Filed January 13, 2014, 7:33 a.m., effective February 13, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To update the penalty matrix to reflect recently amended WACs.
Citation of Existing Rules Affected by this Order: Amending WAC 260-84-060.
Statutory Authority for Adoption: RCW
67.16.020.
Adopted under notice filed as WSR 13-23-045 on November 15, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: January 10, 2014.
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION (Amending WSR 13-07-046, filed 3/15/13, effective 4/15/13)
WAC 260-84-060 Penalty matrixes.
(1) Unless provided for elsewhere, the imposition of reprimands, fines and suspensions will be based on the following penalty matrixes:
| | | |
Class A and B Licensed Facilities |
|
1st Offense |
2nd Offense |
3rd Offense or subsequent offense |
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 or 260-36-260 |
$100 |
$200 |
$300 |
Unlicensed or improperly licensed personnel WAC ((260-28-250)) 260-36-150 and ((260-36-150)) 260-36-260 |
$100 |
$200 |
$300 |
Violation of any claiming rule in chapter 260-60 WAC |
$200 to $500 plus possible suspension |
Failure of jockey agent to honor riding engagements (call) WAC 260-32-400 |
$75 |
$100 |
$200 |
Failure of jockey to report correct weight WAC 260-32-150 and 260-44-080 |
$100 |
$200 |
$300 |
Failure of jockey to appear for films WAC 260-24-510 |
$50 |
$100 |
$200 |
Failure of jockey to fulfill riding engagement WAC 260-32-080 |
$100 |
$150 |
$200 |
Jockey easing mount without cause WAC 260-52-040 |
$250 and/or suspension |
$500 and/or suspension |
$1000 and/or suspension |
Jockey failing to maintain straight course or careless riding with no disqualification (jockey at fault) WAC 260-52-040 |
Warning to $750 and/or suspension (riding days) |
Jockey failing to maintain straight course or careless riding resulting in a disqualification (jockey at fault) WAC 260-52-040 |
$500 and/or suspension (riding days) |
Suspension (riding days) |
|
Rider's misuse of crop WAC ((260-52-040)) 260-52-045 |
Warning to $2500 |
|
|
Entering ineligible horse or unauthorized late scratch chapter 260-40 WAC and WAC 260-80-030 |
Warning to $200 |
$200 to $300 |
$200 to $500 |
Arriving late to the paddock or receiving barn WAC 260-28-200 |
Warning to $50 |
$50 to $100 |
$100 to $200 |
Failure to deliver furosemide treatment form to official veterinarian by appointed time WAC 260-70-650 |
Warning to $50 |
$50 to $100 |
$100 to $200 |
Failure to obtain permission for equipment changes WAC 260-44-010 |
$50 |
$100 |
$200 |
Failure to report performance records WAC 260-40-100 |
Warning to $50 |
$100 |
$150 |
Trainer failure to report proper identity of horses in their care WAC 260-28-295 |
$50 |
$100 |
$200 |
Failure to submit gelding report WAC 260-28-295 |
$100 |
$200 |
$300 |
| | | |
Class C Licensed Facilities |
|
1st Offense |
2nd Offense |
3rd Offense or subsequent offense |
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 or 260-36-260 |
$50 |
$100 |
$150 |
Unlicensed or improperly licensed personnel WAC ((260-28-250 and)) 260-36-150 and 260-36-260 |
$50 |
$100 |
$200 |
Violation of any claiming rule in chapter 260-60 WAC |
$100 to $250 plus possible suspension |
Failure of jockey agent to honor riding engagements (call) WAC 260-32-400 |
$25 |
$50 |
$100 |
Failure of jockey to report correct weight WAC 260-32-150 |
$25 |
$50 |
$100 |
Failure of jockey to appear for films WAC 260-24-510 |
$25 |
$50 |
$100 |
Failure of jockey to fulfill riding engagement WAC 260-32-080 |
$50 |
$100 |
$200 |
Jockey 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 with no disqualification (jockey at fault) WAC 260-52-040 |
Warning to $500 and/or suspension (riding days) |
Jockey failing to maintain straight course or careless riding resulting in a disqualification (jockey at fault) WAC 260-52-040 |
$100 to $500 and/or suspension (riding days) |
Rider's misuse of crop WAC ((260-52-040)) 260-52-045 |
Warning to $2500 |
Entering ineligible horse or unauthorized late scratch chapter 260-40 WAC and WAC 260-80-030 |
Warning to $50 |
$100 to $200 |
$200 to $300 |
Arriving late to the paddock WAC 260-28-200 |
Warning to $25 |
$50 |
$100 |
Failure to deliver furosemide treatment form to official veterinarian by appointed time WAC 260-70-650 |
Warning to $25 |
$50 |
$100 |
Failure to obtain permission for equipment change WAC 260-44-010 |
$25 |
$50 |
$100 |
Failure to report performance records WAC 260-40-100 |
Warning to $25 |
$50 |
$100 |
Failure to submit gelding report WAC 260-28-295 |
$50 |
$100 |
$200 |
| | | |
Class A, B and C Licensed Facilities |
|
1st Offense |
2nd Offense |
3rd Offense or subsequent offense |
Smoking in restricted areas WAC 260-20-030 |
$50 |
$100 |
$250 and/or suspension |
Tampering with a fire protection, prevention or suppression system or device WAC 260-20-030 |
$200 |
$500 |
$1000 and/or 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 |
$50 |
$100 |
$200 |
Failure to ride in a safe or prudent manner WAC 260-80-145 |
Warning |
$50 |
$50 - subsequent offenses $50 plus possible suspensions |
Use of improper, profane, or indecent language WAC 260-80-130 |
Warning to $200 |
$200 to $300 |
$300 to $500 |
Failure to complete temporary license application within fourteen days WAC 260-36-200 |
$100 and suspension of license |
$250 and suspension of license |
$500 and suspension of license |
Failure to register employees with the commission (trainers responsibility) WAC ((260-28-230)) 260-36-250 |
Warning to $50 |
$100 |
$200 |
Failure to furnish fingerprints WAC 260-36-100 |
$100 and suspension of license |
$250 and suspension of license |
$500 and suspension of license |
Nonparticipation - Licensing WAC 260-36-080 |
License canceled |
((Pending felony charges or conviction - Ineligible for licensing WAC 260-36-120(2) |
Denial, suspension or revocation of license)) |
Failure to divulge a pending felony charge or a felony conviction WAC 260-36-050 and 260-36-120 |
$100 to $250 |
False information or failure to provide accurate and complete information on application WAC 260-36-050 or 260-36-120 |
Warning to $250 |
Failure to provide full disclosure, refusal to respond to questions, or responding falsely to stewards or commission investigators WAC 260-24-510 |
$500 fine and/or denial, suspension or revocation of license |
Financial responsibility WAC 260-28-030 |
Suspension of license until debt is satisfied (suspension may be stayed with a mutual payment agreement and licensee remains compliant with agreement) |
Failure to appear for a ruling conference WAC 260-24-510 |
Suspension (conference may be held in individual's absence) |
Failure to pay fine when due (no extension granted or no request for hearing filed) WAC 260-24-510 |
Suspension until fine paid |
Possession or use of a stimulating device (may include batteries) WAC 260-52-040 and 260-80-100 |
Immediate ejection from the grounds and permanent revocation |
Offering or accepting a bribe in an attempt to influence the outcome of a race WAC 260-80-010 |
Immediate ejection from the grounds and permanent revocation |
Failure to wear proper safety equipment WAC 260-12-180 and 260-32-105 |
$50 |
$100 |
$200 |
Horses shod with improper toe grabs WAC 260-44-150 |
Horse scratched and $250 fine to trainer and plater |
Horse scratched and $500 fine to trainer and plater |
Horse scratched and $1000 fine to trainer and plater |
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 will include violations which occurred in Washington as well as any other recognized racing jurisdiction within the calendar year, absent mitigating circumstances. The stewards may impose more stringent penalties if aggravating circumstances exist. If a penalty is not listed under second or third/subsequent offense columns, the penalty listed in the "first offense" column will apply to each violation.
(3) Except as otherwise provided in this chapter, for any other violation not specifically listed above, the stewards have discretion to impose the penalties as provided in WAC 260-24-510 (3)(a).
(4) Circumstances which may be considered for the purpose of mitigation or aggravation of any penalty will 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 will follow the penalty guidelines as set forth in WAC 260-84-090, 260-84-100, 260-84-110, 260-84-120, and 260-84-130.
(6) The executive secretary or stewards may refer any matter to the commission and may include recommendations for disposition. The absence of a referral will not preclude commission action in any matter. An executive secretary's or stewards' ruling will not prevent the commission from imposing a more severe penalty.
