Purpose: Amend WAC 260-75-030 to eliminate the need for a class 1 racing association to produce internal control policies and procedures for its satellite locations and specify the location manager responsible for compliance with WAC 260-12-050. To establish a new section, WAC 260-75-040, to establish the commission as the sole authority over violations of chapter 260-75 WAC and to provide penalties for violations and an adjudicative process for a class 1 racing association.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-75-030 Satellite locations.

     Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

      Adopted under notice filed as WSR 05-01-212 on December 21, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 10, 2005.

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.]

     (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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