WSR 05-01-214

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed December 21, 2004, 4:40 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-22-008.

Title of Rule and Other Identifying Information: WAC 260-12-160 Denial of admission to grounds--Narcotics offenders, and 260-36-120 Denial, suspension, and revocation -- Grounds.

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.

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: This proposal will repeal WAC 260-12-160, and amend WAC 260-36-120 by specifying under what conditions persons convicted for felony drug-related crimes will be denied a license or have an existing license suspended/revoked.

Reasons Supporting Proposal: Assist the agency in meeting its regulatory responsibilities in chapters 67.16 and 67.17 RCW.

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 20, 2004

R. M. Leichner

Executive Secretary

OTS-7683.2


AMENDATORY SECTION(Amending WSR 04-07-075, filed 3/15/04, effective 4/15/04)

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, or may suspend or revoke a license issued, or may order disciplinary measures, if the applicant or licensee:

(a) Has been convicted of a felony;

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

(c) Has pending misdemeanor or gross misdemeanor criminal charges;

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

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

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

(g) Has disciplinary charges pending in this state or other racing jurisdiction;

(h) Has been or is currently excluded from association grounds by a recognized racing jurisdiction;

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

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

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

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

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

(n) Has violated any provisions of Title 260 WAC.

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

(a) Has been convicted of any felony crimes against a person;

(b) Has been convicted of any felony property crime within the past ten years;

(c) Has been convicted of any felony drug crime involving the sale, manufacture, or distribution of any drug as defined in chapter 69.41 RCW or any felony crime involving a controlled substance classified in Schedule I, II or III in chapter 69.50 RCW.

(d) 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 felony crime involving a controlled substance classified in Schedule IV or V in chapter 69.50 RCW within the past ten years.

(e) Has five or more convictions for gross misdemeanors within the last three years;

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

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

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

(((g))) (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

(((h))) (j) Has any outstanding arrest warrants.

(3) An appeal of a license denial based on this policy shall be filed as outlined in WAC 260-88-010. In considering an appeal from a decision by the board of stewards denying a license pursuant to subsection (2) of this section, the commission may only reverse the denial 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 be reported in writing to the applicant and the Association of Racing Commissioners International, Inc. whereby other member racing jurisdictions shall be advised.

(5) A recognized racing jurisdiction shall include members of the Association of Racing Commissioners International (RCI) and the North American Pari-Mutuel Regulators Association (NAPRA), and any other racing authority with which the commission has a written reciprocity agreement.

[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.]

OTS-7619.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 260-12-160 Denial of admission to grounds -- Narcotics offenders.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office