Purpose: To amend WAC 260-36-120 to add felony drug convictions to the criteria the commission will use to deny an application for license or suspend an existing license.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-36-120 Denial, suspension, and revocation -- Grounds.

     Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

      Adopted under notice filed as WSR 05-01-214 on December 21, 2004.

     Changes Other than Editing from Proposed to Adopted Version: The period of time a person convicted on felony drug crimes for possession or use would be ineligible for a license was reduced from ten years to three years.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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-7683.3

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 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) 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.

     (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.]

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