WSR 05-01-212

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed December 21, 2004, 4:39 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-22-015.

Title of Rule and Other Identifying Information: Chapter 260-75 WAC, Satellite locations.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 10, 2005, at 9:30 a.m.

Date of Intended Adoption: February 10, 2005.

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 February 7, 2005.

Assistance for Persons with Disabilities: Contact Patty Sorby by February 7, 2005, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend WAC 260-75-030 to remove the provisions requiring the class 1 racing association to develop internal control policies and procedures for its satellite locations and to file those policies and procedures with the commission. In addition, a new subsection is being added to WAC 260-75-030 to hold the location manager responsible for the satellite location's compliance with WAC 260-12-250. A new section is being added, WAC 260-75-040, outlining enforcement and penalties for violations of chapter 260-75 WAC.

Reasons Supporting Proposal: Part of agency's regulatory reform effort.

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.

December 21, 2004

R. M. Leichner

Executive Secretary

OTS-7722.1


AMENDATORY SECTION(Amending WSR 04-19-045, filed 9/13/04, effective 10/14/04)

WAC 260-75-030   Satellite location ((policies and procedures)).   (1) ((Each class 1 association shall develop internal control policies and procedures for its satellite locations. These procedures shall include controls for satellite location assets including maintaining a log of daily cash balances. The policies and procedures shall be filed with the commission.

(2))) Each satellite location shall have a location manager designated by the host racing association.

(2) All location managers and mutuel clerks shall be licensed by the commission. The host association shall not activate any terminal for any person that is not currently licensed or approved by the commission.

(3) The location managers shall be responsible to ensure the satellite location is in compliance with WAC 260-12-250.

(4) All satellite locations shall be periodically inspected by the commission ((to ensure that the internal control policies and procedures are followed)).

[Statutory Authority: RCW 67.16.020. 04-19-045, 260-75-030, filed 9/13/04, effective 10/14/04. Statutory Authority: RCW 67.16.040. 00-07-040, 260-75-030, filed 3/6/00, effective 4/6/00.]


NEW SECTION
WAC 260-75-040   Enforcement and penalties.   (1) Any violations of this chapter shall be referred to the commission. The commission shall have sole authority to ensure compliance with these rules, conduct hearings on violations, and determine penalties for violations.

(2) The approval to operate a satellite location and/or the license of location managers and mutuel clerks may be suspended or revoked and/or fines may be imposed, if the commission finds violations of any of the requirements of chapter 67.16 RCW or Title 260 WAC or failure to comply with any conditions on the operation of the satellite location imposed by the commission.

(3) The commission shall provide an opportunity for an adjudicative proceeding prior to denial, suspension or revocation of approval of a satellite location or of a license, or the imposition of fines, and shall provide a class 1 racing association a hearing on refusal of approval or withdrawal of approval of the agreement between the association and the satellite location.

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