WSR 06-22-067

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed October 30, 2006, 1:42 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-16-014.

Title of Rule and Other Identifying Information: WAC 260-36-010 License required, 260-36-015 Age requirement for license, 260-36-030 Veterinarians -- License required, 260-36-050 Application for license, 260-36-060 Application for license -- Stewards' review, 260-36-062 Fitness to participate, 260-36-065 Approval of application for license, 260-36-080 Duration of a license, 260-36-100 Fingerprints, 260-36-110 Display of license, 260-36-120 Denial, suspension, and revocation -- Grounds, 260-36-150 Employing or harboring an unlicensed person, 260-36-180 Authority to search, 260-36-200 Application for owner's license by trainer, and 260-36-210 Owner's license.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on December 14, 2006, at 9:30 a.m.

Date of Intended Adoption: December 14, 2006.

Submit Written Comments to: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rleichner@whrc.state.wa.us, fax (360) 459-6461, by December 12, 2006.

Assistance for Persons with Disabilities: Contact Patty Sorby by December 12, 2006, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In an effort to continue the agency's regulatory reform effort, to write rules in clear language and to adopt into this chapter the national model horse racing rules whenever applicable.

Reasons Supporting Proposal: To comply with governor's Executive Orders 97-02, 05-03 and 06-02.

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, Implementation and Enforcement: Robert M. Leichner, Olympia, Washington, (360) 459-6462.

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.

October 30, 2006

R. M. Leichner

Executive Secretary

OTS-9348.2


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-010   License required.   Any person acting in an official capacity or any person participating directly in horse racing must have a valid license. Commissioners and employees of the commission ((and commissioners are)) do not ((required to be licensed)) require a license. Persons employed by a racing association who only perform duties of concessions, housekeeping, parking, food and beverage, landscaping or similar functions, and do not act in an official capacity or participate directly in horse racing are not required to be licensed. Decisions regarding who is required to be licensed, if not addressed in this chapter, ((shall)) will be made by the executive secretary. It ((shall be)) is a violation of these rules for any person to act in an official capacity or participate directly in horse racing unless licensed by the commission.

((This rule applies retroactively to all licensing for the 2006 racing season. Any person that is not required to be licensed by this rule, but was required to be licensed in 2005, shall not be required to obtain a 2006 license.))

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-010, filed 2/9/06, effective 3/12/06. Rules of racing, 348, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-015   Age requirement for license.   Applicants for licensing ((shall)) must be at least fourteen years of age unless otherwise specified. An applicant may be required to submit a certified copy of his/her birth certificate.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-015, filed 2/9/06, effective 3/12/06.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-030   Veterinarians -- License required.   Veterinarians licensed by the commission may also apply for a trainer's license. A licensee holding a veterinarian and a trainer's license ((shall be)) is subject to the following restrictions:

(1) The licensee may treat, using veterinary methods, only those horses for which he/she is the trainer of record.

(2) Notwithstanding subsection (1) of this section, during an emergency on the grounds of the racing association, the licensee may respond and assist at the scene of the emergency. Any veterinary treatment provided at the scene ((shall)) must be reported in writing to the official veterinarian. The report ((shall)) will include, at a minimum, the names of horses treated and treatment rendered. The report must be filed by the next race day's first race.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-030, filed 2/9/06, effective 3/12/06. Statutory Authority: RCW 67.16.020. 04-24-019, 260-36-030, filed 11/22/04, effective 12/23/04; 04-15-039, 260-36-030, filed 7/12/04, effective 8/12/04. Statutory Authority: RCW 67.16.040. 91-24-085, 260-36-030, filed 12/4/91, effective 1/4/92. Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-007 (Order 89-03), 260-36-030, filed 6/9/89; 86-09-072 (Order 86-02), 260-36-030, filed 4/21/86; 82-14-012 (Order 82-05), 260-36-030, filed 6/25/82. Rules of racing, 350, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-050   Application for license.   All applications for a license ((shall)) must be made to the commission on approved forms. It ((shall be)) is a violation of these rules for any person applying for a license to provide false information or fail to provide accurate and complete information. Persons completing an application ((shall be)) are responsible for the accuracy and completeness of the information contained on the application. Applicants may be required to have their photograph taken. The commission, executive secretary, stewards, or security investigators, in their discretion, may require a photograph from any applicant or licensee at any time.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-050, filed 2/9/06, effective 3/12/06. Rules of racing, 351, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-060   Application for license -- Stewards' review.   (1) Applications for an initial license submitted by trainers, assistant trainers, jockeys, apprentice jockeys, jockey agents, exercise riders, pony ((persons)) riders, or outriders must be reviewed by a steward to determine if the applicant is qualified for the license requested.

(a) All assistant trainers must also obtain a groom license.

(b) Jockeys must have an exercise rider license to perform exercise rider duties.

(2) The determination whether an applicant is qualified for the license ((shall)) will be made by a steward based on review of the application, and, at the discretion of the steward, the applicant may also be required to do one or more of the following:

(a) Pass a written exam;

(b) Appear for an oral interview either in person or by phone; or

(c) Demonstrate skills required for the license.

If a steward determines that an applicant is not qualified to receive the license requested, the applicant ((shall)) will be notified and provided an opportunity to request a stewards' ruling conference on that issue.

(3) If an applicant has been previously determined, within the past five years, to be qualified for the license requested, review of the applicant's qualifications for that license is not necessary for subsequent license applications for the same type of license. An applicant may be determined to be qualified for the license requested if that person has been licensed in this state or other recognized jurisdiction in the past five years.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-060, filed 2/9/06, effective 3/12/06. Rules of racing, 352, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-062   Fitness to participate.   (1) All applicants for a jockey, apprentice jockey, exercise rider, pony ((person)) rider or outrider license ((shall)) must certify on their application that they are physically fit to ride.

(2) During the conduct of a race meet, if the board of stewards finds that a threat to the public health, safety or welfare requires emergency action, the board of stewards may require a jockey, apprentice jockey, exercise rider, pony ((person)) rider or outrider to provide a physician's written statement verifying fitness to ride before being allowed to ride in a race or on the grounds of the racing association.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-062, filed 2/9/06, effective 3/12/06.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-065   Approval of application for license.   The procedure for processing license applications ((shall)) will be determined by the executive secretary.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-065, filed 2/9/06, effective 3/12/06.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-080   Duration of a license.   (1) Every license issued by the commission ((shall)) will be for a term not exceeding one year. Licenses ((shall)) expire on December 31st of each year except as otherwise provided in this rule.

(2) Licenses issued to employees of a ((class 1)) racing association ((shall)) will be for a term of one year and expire on ((March 1st)) the last day of February of each year.

(3) A license ((shall)) will be considered expired as of the date a licensee is no longer performing the activities for which he or she was licensed, or, if applicable, the date the licensee is no longer employed by the employer who hired the licensee. The commission or its designee may, at its sole discretion, reinstate such a license if the licensee is reemployed or begins performing the activities for which he or she was licensed prior to the end of the license period for which the license had been originally issued.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-080, filed 2/9/06, effective 3/12/06. Statutory Authority: RCW 67.16.020. 04-24-019, 260-36-080, filed 11/22/04, effective 12/23/04. Statutory Authority: RCW 67.16.040. 94-04-002, 260-36-080, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 67.16.020 and 67.16.040. 86-09-072 (Order 86-02), 260-36-080, filed 4/21/86. Rules of racing, 345, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-100   Fingerprints ((and photographs)).   Every person applying for a license ((shall)) must furnish the commission his or her fingerprints ((and photograph)) upon making an initial application for a license and at least once every three years thereafter. However, the commission, executive secretary, stewards, or security investigators, in ((its)) their discretion, may require fingerprints ((and a photograph)) from any applicant or licensee at any time.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-100, filed 2/9/06, effective 3/12/06. Statutory Authority: RCW 67.16.020. 04-24-019, 260-36-100, filed 11/22/04, effective 12/23/04. Rules of racing, 349, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-110   Display of license.   (1) Licensees ((shall)) must present their license when requested to do so by racing association security personnel or commission employees.

(2) The commission may require licenses to be ((worn)) displayed in plain view while on association grounds.

(3) Every licensee must have his/her commission license in his/her immediate possession at all times when in any restricted area of racing association grounds, acting in an official capacity or participating directly in horse racing.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-110, filed 2/9/06, effective 3/12/06; 81-15-034 (Order 81-06), 260-36-110, filed 7/10/81. Rules of racing, 28, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-120   Denial, suspension, and revocation -- Grounds.   (1) The commission or its designee may refuse to issue or may deny a license to an applicant, may modify or place conditions upon a license, may suspend or revoke a license issued, ((or)) may order disciplinary measures, or may ban a person from all facilities under the commission's jurisdiction, if the applicant ((or)) licensee, or other person:

(a) ((Has been convicted of a felony, as classified by the laws of the state of Washington or the laws of the jurisdiction in which the conviction occurred;

(b))) Has been convicted of violating any law regarding gambling or a controlled substance;

(((c))) (b) Has pending misdemeanor or gross misdemeanor criminal charges, as classified by the laws of the state of Washington or the laws of the jurisdiction in which the conviction occurred;

(((d))) (c) Has failed to meet the minimum qualifications required for the license for which they are applying;

(((e))) (d) Has failed to disclose or states falsely any information required in the application;

(((f))) (e) Has been found in violation of statutes or rules governing racing in this state or other jurisdictions;

(((g))) (f) Has a proceeding pending to determine whether the applicant or licensee has violated the rules of racing in this state or other racing jurisdiction;

(((h))) (g) Has been or is currently excluded from ((association grounds)) a racetrack at which parimutuel wagering on horse racing is conducted by a recognized racing jurisdiction;

(((i))) (h) Has had a license denied by any racing jurisdiction;

(((j))) (i) Is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or who may interfere or has interfered with the orderly conduct of a race meeting;

(((k))) (j) Demonstrates financial irresponsibility by accumulating unpaid obligations, defaulting in obligations or issuing drafts or checks that are dishonored or payment refused;

(((l))) (k) Has violated any of the alcohol or substance abuse provisions outlined in chapter 260-34 WAC;

(((m))) (l) Has violated any of the provisions of chapter 67.16 RCW;

(((n))) (m) Has violated any provisions of Title 260 WAC;

(((o))) (n) Has association with persons of known disreputable character; or

(((p))) (o) Has not established the necessary skills or expertise to be qualified for a license as required by WAC 260-36-060.

(2) The commission or its designee ((shall)) must deny the application for license or suspend or revoke an existing license if the applicant or licensee:

(a) Has been convicted of any felony crime against a person. "Crime against a person" means a conviction for any offense enumerated in chapters 9A.32, 9A.36, 9A.40, 9A.42, and 9A.44 RCW, or an offense which would constitute an offense enumerated in those chapters if committed in Washington state;

(b) ((Has been convicted of any felony property crime within the past ten years. "Property crime" means a conviction for an offense enumerated in chapters 9A.48, 9A.52, 9A.56, and 9A.60 RCW, or an offense which would constitute an offense enumerated in those chapters if committed in Washington state;

(c))) Has been convicted of any felony drug crime involving the possession or use of any drug as defined in chapter 69.41 RCW or any controlled substance as defined in chapter 69.50 RCW within the past three years((.

(d)));

(c) Has been convicted of any other felony drug crime as defined in chapter 69.41 RCW or felony crime involving a controlled substance as defined in chapter 69.50 RCW((.)), or a felony drug crime which would constitute an offense enumerated in those chapters if committed in Washington state;

(d) Has been convicted of any other felony crime within the past ten years. Other felony crime includes any felony conviction not listed in (a), (b), and (c) of this subsection. This also includes an offense committed in another jurisdiction, which would constitute a felony if committed in Washington state;

(e) Has five or more convictions for gross misdemeanors within the last three years, as classified by the laws of the state of Washington or the laws of the jurisdiction in which the conviction occurred;

(f) Is subject to current prosecution or pending charges for any felony crime;

(g) Has ((a)) any felony conviction under appeal;

(h) Is currently suspended or revoked in Washington or by another recognized racing jurisdiction;

(i) Is certified under RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order; or

(j) Has any outstanding arrest warrants.

(3) In considering a challenge of a decision denying or revoking a license pursuant to subsection (2) of this section, the commission may only reverse the denial or revocation on a showing by the appellant of mitigating information and that the best interests of horse racing would not be compromised by granting or reinstating a license.

(4) A license suspension or revocation ((shall)) will be reported in writing to the applicant or licensee and the Association of Racing Commissioners International, Inc.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-120, filed 2/9/06, effective 3/12/06; 05-05-047, 260-36-120, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020. 04-07-075, 260-36-120, filed 3/15/04, effective 4/15/04. Rules of racing, 347, filed 4/21/61; sub. (2) added as rule 347(a), filed 1/21/64.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-150   Employing or harboring an unlicensed person.   No racing association or licensee ((shall)) may employ an unlicensed person in a position for which a license is required by these rules. No licensee ((shall)) may harbor any unlicensed person in the restricted areas on the grounds of any class A or B racing association.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-150, filed 2/9/06, effective 3/12/06. Rules of racing, 354, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-180   Authority to search.   In order to protect the integrity of horse racing and to protect the interests and safety of the public and participants, the commission and its employees ((shall)) have the right to enter into or upon the buildings, stables, rooms, motor vehicles or other places within the grounds of a racing association to examine the same and to inspect and examine the personal property and effects of any licensee within such places. Any person who has been granted a license by the commission, by accepting a license, authorizes the commission or its employees to search his/her person and the areas indicated herein and to seize any medication, drugs, paraphernalia or device prohibited by the rules of racing, or other evidence of a violation of the rules of racing. If a licensee refuses to allow a search, the board of stewards ((shall)) must revoke his/her license and refer the matter to the commission.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-180, filed 2/9/06, effective 3/12/06; 05-05-043, 260-36-180, filed 2/14/05, effective 3/17/05; 81-09-075 (Order 81-03), 260-36-180, filed 4/22/81.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-200   Application for owner's license by trainer.   (1) A trainer may submit an application for an owner's license on behalf of an owner ((providing)). Upon submitting such application, the trainer ((pays)) must pay all license fees and required labor and industries premiums ((are submitted with the application)).

(2) Within fourteen days of the trainer's submission of a license application on behalf of an owner, the owner must complete the license application process by providing fingerprints, a photograph, and any other information required by the commission. If the owner fails to complete the application process within the fourteen days, the board of stewards may revoke the owner's license.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-200, filed 2/9/06, effective 3/12/06; 05-09-045, 260-36-200, filed 4/18/05, effective 5/19/05; 91-03-033, 260-36-200, filed 1/9/91, effective 1/22/91.]


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-210   Owner's license.   There ((shall be)) is no age limitation for a person to apply for and be granted an owner's license, except that persons under the age of eighteen must have a parent or guardian assume financial responsibility for them.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-210, filed 2/9/06, effective 3/12/06.]

Washington State Code Reviser's Office