WSR 07-11-102

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed May 16, 2007, 4:20 p.m. ]

Supplemental Notice to WSR 07-07-045.

Preproposal statement of inquiry was filed as WSR 07-03-169.

Title of Rule and Other Identifying Information: Chapter 260-14 WAC, Special rules related to commissioners and commission employees.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on July 12, 2007, at 9:30 a.m.

Date of Intended Adoption: July 12, 2007.

Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rlopez@whrc.state.wa.us, fax (360) 459-6461, by July 9, 2007.

Assistance for Persons with Disabilities: Contact Patty Sorby by July 9, 2007, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 260-14 WAC, Special rules related to commissioners and commission employees, is being updated as part of the agency's regulatory reform effort and to update rules into clearer and more understandable language.

Reasons Supporting Proposal: Supports regulatory reform.

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: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (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.

May 15, 2007

R. J. Lopez

Deputy Secretary

OTS-9617.2

Chapter 260-14 WAC

((SPECIAL)) RULES RELATING TO COMMISSIONERS AND COMMISSION EMPLOYEES


AMENDATORY SECTION(Amending WSR 04-05-090, filed 2/18/04, effective 3/20/04)

WAC 260-14-010   Definitions.   ((For the purposes of chapter 260-14 WAC, unless otherwise indicated by the context in which the term is used, the following terms shall have the meaning set forth herein:)) The definitions in this section apply throughout these rules unless the context requires otherwise.

(1) "Commissioner((,))." ((shall mean any)) A member of the Washington state horse racing commission((, and any member of the immediate family of such commissioner)).

(2) "Employee((,))." ((shall mean)) Any full or part time employee of the commission ((not normally engaged in direct regulatory functions)). ((Included in such group are the executive secretary, Olympia office personnel, and registration clerks.

(3) "Regulatory employee," shall include all of the officials named in WAC 260-24-010 and any other employee engaged in direct regulatory functions.

(4) "Thing of economic value," shall have the same meaning as that term has in chapter 42.52 RCW.))

[Statutory Authority: RCW 67.16.020. 04-05-090, 260-14-010, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 67.16.020 and 67.16.040. 83-19-054 (Order 83-04), 260-14-010, filed 9/19/83; Order 73.3, 260-14-010, filed 6/28/73.]


AMENDATORY SECTION(Amending Order 73.3, filed 6/28/73)

WAC 260-14-020   Prohibited acts.   No commissioner((, employee or regulatory)) or employee ((shall)) may accept any thing of economic value, as defined in chapter 42.52 RCW, from any applicant, licensee, or association except as ((set forth in these rules)) allowed by law.

[Order 73.3, 260-14-020, filed 6/28/73.]


AMENDATORY SECTION(Amending Order 73.3, filed 6/28/73)

WAC 260-14-030   Ownership interest in associations.   (((1))) No commissioner or employee ((or commissioner during his term of office, shall acquire)) may have any ownership interest in any association which seeks race meet dates. ((Any ownership interest in any such association owned prior to such membership on the commission or employment by the commission shall be disposed of within thirty days of the time such employee or commissioner accepts employment or takes office unless the commissioner or employee elects to place such ownership in a trust for the duration of his term of office or employment. In such case, said employee, or commissioner shall place such ownership interest in a trust approved by the commission, such trust to provide that any dividends or other profit distribution shall redound to the benefit of a charitable purpose approved by the commission, and that no ownership interest shall be returned to such commissioner or employee at the expiration of such trust unless an amount equal to any increment in value which may have occurred during such trust shall be paid by the commissioner or employee to a charity approved by the commission. In determining whether an increment in value has occurred the trust instrument may provide that a normal rate of interest on the ownership interest, had it been reduced to cash, need not be included in ascertaining such increment.

(2) No regulatory employee shall have an ownership interest in any association conducting a race meeting at which he is employed by the commission.

(3) Copies of any trust agreement by which a commissioner or employee retains an interest or potential interest in an association shall be filed with the commission and maintained in a separate file in the Olympia offices of said commission. Such file shall be open and available for public inspection during regular office hours of the commission.))

[Order 73.3, 260-14-030, filed 6/28/73.]


AMENDATORY SECTION(Amending WSR 04-21-053, filed 10/18/04, effective 11/18/04)

WAC 260-14-040   Wagering.   (((1))) No ((commission)) commissioner, employee ((shall)), or spouse of a commissioner or employee may make any wager at a facility under the jurisdiction of the commission((.

(2) No commission employee shall)), nor may they make any wager on the outcome of any horse race at a meeting under the jurisdiction of the commission. ((Commission employee means both regulatory employee and employee as defined in WAC 260-14-010.

(3) No commissioner shall make any wager on the outcome of any horse race at a meeting under the jurisdiction of the commission.))

[Statutory Authority: RCW 67.16.020. 04-21-053, 260-14-040, filed 10/18/04, effective 11/18/04; Order 73.3, 260-14-040, filed 6/28/73.]


AMENDATORY SECTION(Amending WSR 04-19-046, filed 9/13/04, effective 10/14/04)

WAC 260-14-050   Ownership interests in race horses.   (((1))) No ((regulatory employee)) commissioner or employee ((shall)) may have any ownership interest in any race horse running at any race meet under the jurisdiction of the commission.

(((2) No commissioner shall have any ownership interest in any race horse running at any race meet under the jurisdiction of the commission.))

[Statutory Authority: RCW 67.16.020. 04-19-046, 260-14-050, filed 9/13/04, effective 10/14/04; Order 75.2, 260-14-050, filed 4/17/75; Order 73.3, 260-14-050, filed 6/28/73.]


AMENDATORY SECTION(Amending Order 73.3, filed 6/28/73)

WAC 260-14-060   Performance of compensated services on behalf of associations prohibited.   (((1))) No commissioner or employee of the commission ((shall)) may receive any compensation whatsoever from an association for any services performed for or on behalf of an association((.

(2) No regulatory employee shall receive any compensation from an association for services)) or performed during a race meet for which he or she is employed by the commission.

(((3) Nothing in this rule shall be deemed to prohibit the performance of such services by a regulatory employee either before or after a race meet if authorization in writing is granted by the commission prior to the time any services for which compensation may be reasonably expected are performed. Such authorization may be obtained only in accordance with subparagraph (4) hereof.

(4) Upon receiving a request to perform services for which compensation shall be due for or on behalf of an association by a regulatory employee or an association or both, the executive secretary shall investigate and determine whether the performance of such services is bona fide. If he determines that the performance of such services is bona fide and that the compensation to be paid therefor is reasonably related to the performance of such services, he may authorize in writing such services to be performed pending final action by the commission. Should the commission later determine that the executive secretary was in error in granting such authorization, it shall promptly notify the regulatory employee and the association and such services shall thereupon immediately cease and no compensation may be paid such regulatory employee for services performed after such notification.

(5) Copies of written authorizations issued pursuant to this section shall be maintained in a separate file in the offices of the commission in Olympia, Washington, and shall be open and available for public inspection during regular office hours of said commission.))

[Order 73.3, 260-14-060, filed 6/28/73.]


AMENDATORY SECTION(Amending Order 73.3, filed 6/28/73)

WAC 260-14-070   Violations.   (1) Any ((wilful)) violation of any of the ((foregoing)) rules in this chapter by any commissioner ((shall)) will be ((deemed to be)) considered official misconduct ((in office)) and ((shall)) will be reported by the executive secretary to the governor ((for appropriate action)).

(2) Any ((wilful)) violation by any employee ((or regulatory employee shall be deemed to be)) will be considered misconduct and ((shall)) will be grounds for ((immediate discharge)) discipline, including termination. ((In the event that such violation occurs between race meets by an employee normally employed for the duration of a race meet, such employee shall be deemed to be ineligible for employment by the commission at the pertinent race meet for a period of at least one year.))

[Order 73.3, 260-14-070, filed 6/28/73.]

Washington State Code Reviser's Office