PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: To amend chapter 260-84 WAC to correct errors in the penalty matrixes and to add to this chapter the penalties for violations of chapter 260-34 WAC.
Citation of Existing Rules Affected by this Order: Amending WAC 260-84-060 and 260-84-090.
Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.
Adopted under notice filed as WSR 06-03-131 on January 18, 2006.
Changes Other than Editing from Proposed to Adopted Version: In WAC 260-84-060 the penalty for unlicensed or improperly licensed personnel at the class C meets was changed from $100 to $500. In WAC 260-84-065(7), WAC 260-34-020(2) was removed as one of the violations in which the stewards may stay the penalty.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: March 9, 2006.
R. M. Leichner
Executive Secretary
OTS-8588.3
AMENDATORY SECTION(Amending WSR 05-07-064, filed 3/11/05,
effective 4/11/05)
WAC 260-84-060
Penalty matrixes.
(1) The imposition of
reprimands, fines and suspensions shall be based on the
following penalty matrixes:
| Class A (( |
|||
| 1st Offense | 2nd Offense | 3rd Offense or subsequent offense | |
| Smoking in restricted areas WAC 260-20-030 | $25 | $50 | $100 |
| Disturbing the peace WAC 260-80-140 | Warning to $200 and/or suspension | Warning to $500 and/or suspension | Suspension |
| Person performing duties for which they are not licensed WAC 260-36-010 | $50 | $100 | $150 |
| Unlicensed or improperly licensed personnel (trainer's responsibility) WAC 260-28-230 | $500 | ||
| Licensing - failure to divulge a felony WAC 260-36-120 | $100 or possible denial of license | ||
| Licensing - failure to divulge a gross misdemeanor or misdemeanor WAC 260-36-120 | Warning to $50 | ||
| Licensing - providing false information on application WAC 260-36-120 | $50 to $250 or possible denial of license | ||
| Licensing - nonparticipation WAC 260-36-080 | License canceled | ||
| Violation of any claiming rule in chapter 260-60 WAC | $200 to $500 plus possible suspension | ||
| Use of improper, profane or indecent language to a racing official WAC 260-80-130 | $50 | $100 | $250 |
| Unsafe vehicle operation WAC 260-20-020 | Warning to $50 | $100 and recommend racing association revoke vehicle pass | |
| Financial responsibility WAC 260-28-030 | Resolve within 30 days or before the end of the meet (whichever is sooner) (( |
||
| Failure to appear - (( |
Suspension (( |
||
| Failure to honor riding engagements (call) - agents WAC 260-32-400 | $75 | $100 | $200 |
| Reporting incorrect weight - jockeys WAC 260-32-150 | $50 | $100 | $200 |
| Failure to appear for films - jockeys WAC 260-24-510 | $50 | $100 | $200 |
| Failure to fulfill riding engagement WAC 260-32-080 | $100 | $150 | $200 |
| Easing mount without cause WAC 260-52-040 | $250 | $250 and/or suspension | $500 and/or suspension |
| Jockey failing to maintain straight course or careless riding WAC 260-52-040 | Warning to $750 and/or suspension (riding days) | ||
| Jockey's misuse of whip WAC 260-52-040 | Warning to $2500 | ||
| Use of stimulating device (may include batteries) WAC 260-52-040 | 1 year suspension plus mandatory referral to commission for revocation | ||
| Possession of stimulating device (may include batteries) WAC 260-52-040 and 260-80-100 | 1 year suspension plus mandatory referral to commission for revocation | ||
| Offering or accepting a bribe in an attempt to influence the outcome of a race WAC 260-80-010 and 260-80-020 | 1 year suspension plus mandatory referral to commission for revocation | ||
| Entering ineligible horse WAC 260-40-140 and 260-80-030 | $50 | $100 | $100 |
| Arriving late to the paddock WAC 260-28-200 | Warning to $50 | Warning to $50 | $50 to $100 |
| Failure to have registration papers on file - resulting in a scratch WAC 260-40-090 | $50 to $100 | $100 | $100 |
| Failure to (( |
Warning to $50 | $100 | $100 |
| Failure to report (( |
Warning to $50 | $100 | $150 |
| Insufficient workouts - resulting in scratch WAC 260-40-100 | $50 to $100 | $100 | $100 |
| Class C Licensed Facilities | |||
| 1st Offense | 2nd Offense | 3rd Offense or subsequent offense | |
| Smoking in restricted areas WAC 260-20-030 | $25 | $50 | $100 |
| Disturbing the peace WAC 260-80-140 | Warning to $100 and/or suspension | $250 and/or suspension | Suspension |
| Person performing duties for which they are not licensed WAC 260-36-010 | $50 | $100 | $150 |
| Unlicensed or improperly licensed personnel (trainer's responsibility) WAC 260-28-230 | $(( |
||
| Licensing - failure to divulge a felony WAC 260-36-120 | $100 or possible denial of license | ||
| Licensing failure to divulge a misdemeanor or gross misdemeanor WAC 260-36-120 | Warning to $25 | ||
| Licensing - providing false information on application WAC 260-36-120 | $50 to $250 or possible denial of license | ||
| Licensing - nonparticipation WAC 260-36-080 | License canceled | ||
| Violation of any claiming rule in chapter 260-60 WAC | $100 to $250 plus possible suspension | ||
| Use of improper, profane or indecent language to a racing official WAC 260-80-130 | $50 | $100 | $250 |
| Unsafe vehicle operation WAC 260-20-020 | Warning to $50 | ||
| Financial responsibility WAC 260-28-030 | Resolve 30 days or before the end of the fall meet (whichever is sooner) to resolve or suspension | ||
| Failure to appear(( |
Suspension (( |
||
| Failure to honor riding engagements (call) - agents WAC 260-32-400 | $25 | $50 | $100 |
| Reporting incorrect weight - jockeys WAC 260-32-150 | $25 | $50 | $100 |
| Failure to appear for films - jockeys WAC 260-24-510 | $25 | $50 | $100 |
| Failure to fulfill riding engagement WAC 260-32-080 | $50 | $100 | $200 |
| Easing mount without cause WAC 260-52-040 | $100 | $200 and/or suspension | $400 and/or suspension |
| Jockey failing to maintain straight course or careless riding WAC 260-52-040 | Warning to $750 and/or suspension (riding days) | ||
| Jockey's misuse of whip WAC 260-52-040 | Warning to $2500 | ||
| Use of stimulating device (may include batteries) WAC 260-52-040 | 1 year suspension plus mandatory referral to commission for revocation | ||
| Possession of stimulating device (may include batteries) WAC 260-52-040 and 260-80-100 | 1 year suspension plus mandatory referral to commission for revocation | ||
| Offering or accepting a bribe in an attempt to influence the outcome of a race WAC 260-80-010 and 260-80-020 | 1 year suspension plus mandatory referral to commission for revocation | ||
| Entering ineligible horse WAC 260-40-140 and 260-80-030 | $25 | $50 | $50 |
| Arriving late to the paddock WAC 260-28-200 | Warning to $25 | $50 | $50 |
| Failure to have registration papers on file - resulting in a scratch WAC 260-40-090 | $50 | $100 | $100 |
| Failure to (( |
Warning to $50 | $50 | $50 |
| Class A, B (( |
|||
| 1st Offense | 2nd Offense | 3rd Offense or subsequent offense | |
| (( |
|||
| Tampering with a fire protection, prevention or suppression system or device WAC 260-20-030 | $50 | $100 | $250 plus possible suspension |
| Failure to post problem gambling signs WAC 260-12-250 | Warning to $50 | $100 | $200 |
| Issuing a check to the commission with not sufficient funds WAC 260-28-030 | $25 | $50 | $100 |
| Failure to follow instructions of
the outrider WAC (( |
$50 | $100 | $200 |
| Failure to complete provisional license application within fourteen days WAC 260-36-200 | Warning to $100 and denial of license | $250 and denial of license | $500 and denial of license |
| Failure to pay or default on L&I
payment WAC (( |
Suspension until paid plus $25 for each quarter payment is late | ||
| Failure to (( |
Warning to $50 | ||
| Unlicensed person on the backside WAC 260-20-040 and 260-20-090 | Report violation to the racing association | ||
(3) Except as otherwise provided in this chapter, for any other violation not specifically listed above, the stewards shall have discretion to impose the penalties as provided in WAC 260-24-510 (3)(b). For violations considered minor, the fine can be up to $500 and/or suspension for up to sixty days. Fines for violations considered major can be up to $2,500 and/or suspension up to one year.
(4) Circumstances which may be considered for the purpose of mitigation or aggravation of any penalty shall include, but are not limited to, the following:
(a) The past record of the licensee or applicant;
(b) The impact of the offense on the integrity of the parimutuel industry;
(c) The danger to human and/or equine safety;
(d) The number of prior violations of ((the)) these rules
of racing or violations of racing rules in other
jurisdictions; and/or
(e) The deterrent effect of the penalty imposed.
(5) For violations covered by chapter 260-70 WAC, Medication, the stewards shall follow the penalty guidelines as set forth in WAC 260-84-090.
(6) The stewards may refer any matter to the commission and may include recommendations for disposition. The absence of a stewards' referral shall not preclude commission action in any matter. A stewards' ruling shall not prevent the commission from imposing a more severe penalty.
[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-064, § 260-84-060, filed 3/11/05, effective 4/11/05; Rules of racing, § 381, filed 4/21/61.]
(a) First offense - thirty-day suspension; and
(b) Second or subsequent offense - one-year suspension and referral to the commission for revocation.
(2) Use or possession of an illegal controlled substance, other than marijuana.
(a) First offense - thirty-day suspension; and
(b) Second offense - one-year suspension and referral to the commission for revocation.
(3) Possession or use of marijuana.
(a) First offense - three-day suspension;
(b) Second offense - thirty-day suspension; and
(c) Third or subsequent offenses - one-year suspension and referral to commission for revocation.
(4) Under the influence of or affected by intoxicating liquor and/or drugs in violation of WAC 260-34-020(1).
(a) First offense - warning to one-day suspension;
(b) Second offense - three-day suspension;
(c) Third offense - thirty-day suspension; and
(d) Subsequent offenses - one-year suspension and referral to commission for revocation.
(5) Refusal to submit to a drug or alcohol test, one-year suspension plus referral to commission for revocation.
(6) Possession of any equipment or material used to manufacture or distribute any controlled substance, or engaging in the sale, manufacturing or distribution of any illegal controlled substance on the grounds in violation of WAC 260-34-020 (3), (4), and (5), immediate ejection from the grounds and referral to the commission for revocation.
(7)(a) For violations of WAC 260-34-020 (1) and (4), the board of stewards may stay a suspension if the licensee or applicant shows proof of participation in a drug rehabilitation or alcohol treatment program approved or certified by the department of social and health services. Individuals will only be allowed a stay of a suspension under this subsection once in a five-year period. If during this time a licensee or applicant violates the provisions of chapter 260-34 WAC, the violation for which the stay of suspension was entered will be considered as a prior violation for penalty purposes. Before being granted a stay of the suspension, the licensee or applicant must also agree to the following conditions:
(i) Remain in compliance with the rehabilitation and/or treatment program.
(ii) Submit to random drug or alcohol testing at the discretion of the board of stewards or commission security investigators for a period of five years.
(iii) Have no further incidents of violating chapter 260-34 WAC within the next twelve calendar months.
(b) If the board of stewards, after a conference, finds that the licensee or applicant failed to comply with the conditions of the stay, the original suspension may be imposed. Failure to remain in compliance with the rehabilitation and/or treatment program shall be considered a failure to comply with the conditions of the stay.
(c) Upon successful completion of a drug or alcohol rehabilitation or treatment program, a licensee or applicant can request the board of stewards lift the suspension.
[]
(2) A lesser penalty than that established in WAC 260-84-110 may be imposed if a majority of the stewards determine that mitigating circumstances warrant a lesser penalty. If a majority of the stewards determine a greater penalty is appropriate or that a penalty in excess of the authority granted them is appropriate, they may impose the maximum penalty authorized and refer the matter to the commission with specific recommendations for further action. In determining if there are mitigating circumstances surrounding a medication violation for substances referred to in chapter 260-70 WAC, at least the following shall be considered:
(((1))) (a) The past record of the trainer and/or
veterinarian in medication/drug cases;
(((2))) (b) The potential of the medication/drug to
influence a horse's racing performance;
(((3))) (c) The availability of the medication/drug;
(((4))) (d) Whether there is reason to believe the
responsible party knew of the administration of the
medication/drug used;
(((5))) (e) The steps taken by the trainer to safeguard
the horse;
(((6))) (f) The probability of environmental
contamination or inadvertent exposure due to human drug use;
(((7))) (g) The purse of the race;
(((8))) (h) Whether the medication found was one for
which the horse was receiving a treatment as determined by the
veterinarian report(s);
(((9))) (i) Whether there was any suspicious betting
pattern in the race; and
(((10))) (j) Whether the presence of the medication/drug
in urine was confirmed in serum or plasma.
(3) If a majority of the stewards determine a penalty greater than established in these rules is appropriate, they may impose the maximum penalty authorized and refer the matter to the commission with specific recommendations for further action.
(4) If the penalty is not otherwise established for a violation of chapter 260-70 WAC, the penalty shall be determined by the board of stewards.
[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-064, § 260-84-090, filed 3/11/05, effective 4/11/05.]