WSR 06-07-064

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed March 10, 2006, 1:01 p.m. , effective April 10, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend chapter 260-34 WAC as part of the agency's regulatory reform effort, and to write and organize rules in a clear and concise manner that they are easily understood by those to whom they apply. In addition the amended language removes penalties for violations of chapter 260-34 WAC, which have been adopted into chapter 260-84 WAC.

Citation of Existing Rules Affected by this Order: Repealing WAC 260-34-035, 260-34-045, 260-34-060, 260-34-070, 260-34-080, 260-34-090, 260-34-100 and 260-34-180; and amending WAC 260-34-010, 260-34-020, and 260-34-030.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 06-03-044 on January 10, 2006.

Changes Other than Editing from Proposed to Adopted Version: In the adopted version, the term "correctional institution" is defined to include any prison, jail or similar institution in this state or elsewhere (WAC 260-34-030).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 8.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 3, Repealed 8; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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-8539.3


AMENDATORY SECTION(Amending WSR 05-07-066, filed 3/11/05, effective 4/11/05)

WAC 260-34-010   Primary purpose.   In order to protect the integrity of horse racing in the state of Washington, and to protect the safety of the public and all participants, the Washington horse racing commission intends to regulate the use of any illegal controlled substances and the use of alcohol by licensees at all race meets. This chapter shall be applicable to all licensees or applicants on the grounds of any ((race track)) racetrack during its licensed race meet.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-066, 260-34-010, filed 3/11/05, effective 4/11/05; 89-13-006 (Order 89-02), 260-34-010, filed 6/9/89; 88-09-033 (Order 88-02), 260-34-010, filed 4/15/88.]


AMENDATORY SECTION(Amending WSR 05-07-066, filed 3/11/05, effective 4/11/05)

WAC 260-34-020   ((Use of controlled substances)) Drug and alcohol violations.   No licensee or applicant ((shall)), while acting in an official capacity or participating directly in horse racing, shall commit any of the following violations:

(1) Be under the influence of or affected by intoxicating liquor and/or drugs, have an alcohol concentration of 0.08 percent or higher, or have within their body any illegal controlled substance while on the grounds of any licensed race meet;

(2) Engage in the illegal sale or distribution of alcohol;

(3) Engage in the illegal sale or distribution of a controlled substance;

(4) Possess an illegal controlled substance;

(5) Possess on the grounds of any licensed race meet any equipment, products or materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing an illegal controlled substance, or any equipment, products or materials of any kind, which are used or intended for use in injecting, ingesting, inhaling or otherwise introducing into the human body an illegal controlled substance; or

(6) Refuse to submit to blood, breath and/or urine testing, when notified that such testing is conducted pursuant to the conditions of WAC 260-34-030.

Failure to provide a blood, breath and/or urine sample when directed or intentional contamination of the sample by any person tested for the purpose of preventing accurate analysis of the sample, or other actions with intent to subvert the test, shall be considered a refusal to submit to a test.

"Controlled substance" or "drug" as used in this chapter means any substance listed in chapter 69.50 RCW or legend drug as defined in chapter 69.41 RCW. The presence of a controlled substance or drug in any quantity measured by the testing instrument establishes the presence of that substance for the purpose of this section. The fact that a licensee or applicant is or has been entitled to use a drug under the laws of the state of Washington shall not constitute a defense against a violation for being under the influence of or affected by intoxicating liquor and/or any drug.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-066, 260-34-020, filed 3/11/05, effective 4/11/05; 89-13-006 (Order 89-02), 260-34-020, filed 6/9/89; 88-09-033 (Order 88-02), 260-34-020, filed 4/15/88.]


AMENDATORY SECTION(Amending WSR 05-07-066, filed 3/11/05, effective 4/11/05)

WAC 260-34-030   Testing.   (1) A steward of the horse racing commission, a commission security investigator or the commission, acting through the executive secretary, may require any licensee or applicant to provide breath blood and/or urine samples for the purpose of drug or alcohol analysis under any of the following circumstances:

(a) When a steward or commission security investigator finds that there is reasonable suspicion to believe that the applicant or licensee has used or is under the influence of alcohol and/or any drug.

(b) When an applicant or licensee has a documented history of an unexplained positive test which indicates illegal drug usage or has a documented history of violating chapter 69.41, 69.45 or 69.50 RCW, WAC 260-34-020 or similar drug-related violation within five years of conviction or release from a correctional institution for that violation. The term "correctional institution" shall include any prison, jail or similar institution in this state or elsewhere.

(c) When a steward or commission security investigator decides to test any licensee or applicant as a condition of any conditional or probationary license.

(2) For licensees or applicants who are subject to a field screening urine test under the provisions in this chapter, and whose test shows the presence of a controlled substance or alcohol, the field screening test results shall be confirmed by a laboratory acceptable to the commission ((which shall include gas chromatography/mass spectrometry (GC/MS) procedures.

(a) When the sample quantity permits, each test sample shall be divided into portions so that one portion may be used for the confirmation procedure and another portion may be utilized by the licensee to obtain an independent analysis of the sample. The commission shall provide for a secure chain of custody for the sample to be made available to the licensee.

(b) All costs for the transportation and testing for the sample portion made available for the licensee shall be the financial responsibility of the requesting person. The licensee or applicant being tested shall reimburse the commission the cost of transportation and testing within thirty days of receipt of notice of the costs)).

(3) The result of a test conducted with a preliminary breath test (PBT) instrument approved by the state toxicologist in chapter 448-15 WAC or other breath test equipment approved under chapter 448-16 WAC shall constitute evidence of a violation of these rules. The results of such a test may be considered for purposes of determining whether the licensee or applicant has consumed alcohol, the level of alcohol concentration, and whether the licensee or applicant has violated a prohibition on the use or consumption of alcohol established in a conditional license.

(((4) Upon request of the licensee or applicant, testing may be by a blood alcohol test. The requesting licensee or applicant shall pay the cost of a blood test.))

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-066, 260-34-030, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 00-07-038, 260-34-030, filed 3/6/00, effective 4/6/00. Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-006 (Order 89-02), 260-34-030, filed 6/9/89; 88-09-033 (Order 88-02), 260-34-030, filed 4/15/88.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 260-34-035 Exercising the privileges of their license.
WAC 260-34-045 Violations of the privileges granted licensees.
WAC 260-34-060 Refusal to test.
WAC 260-34-070 Responsibility to report valid prescriptions.
WAC 260-34-080 Testing procedure.
WAC 260-34-090 A positive test.
WAC 260-34-100 Confidentiality of test results.
WAC 260-34-180 Testing expense.

Washington State Code Reviser's Office