Preproposal statement of inquiry was filed as WSR 07-03-169.
Title of Rule and Other Identifying Information: Chapter 260-14 WAC, Special rules related to commissioners and commission employees.
Hearing Location(s): Marcus Whitman Hotel and Conference Center, 6 West Rose Street, Walla Walla, WA 99362, on May 18, 2007, at 1:00 p.m.
Date of Intended Adoption: May 18, 2007.
Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail firstname.lastname@example.org, fax (360) 459-6461, by May 14, 2007.
Assistance for Persons with Disabilities: Contact Patty Sorby by May 14, 2007, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 260-14 WAC, Special rules related to commissioners and commission employees, is being updated as part of the agency's regulatory reform effort and to update rules into clearer and more understandable language.
Reasons Supporting Proposal: Supports regulatory reform.
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, 6236 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6236 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.
March 13, 2007
R. J. Lopez
SPECIAL)) RULES RELATING TO COMMISSIONERS AND COMMISSION
,))." (( shall mean any)) A member of
the Washington state horse racing commission(( , and any member
of the immediate family of such commissioner)).
,))." (( shall mean)) Any full or part time
employee of the commission (( not normally engaged in direct
regulatory functions)). (( Included in such group are the
executive secretary, Olympia office personnel, and
(3) "Regulatory employee," shall include all of the officials named in WAC 260-24-010 and any other employee engaged in direct regulatory functions.
(4) "Thing of economic value," shall have the same meaning as that term has in chapter 42.52 RCW.))
[Statutory Authority: RCW 67.16.020. 04-05-090, § 260-14-010, filed 2/18/04, effective 3/20/04. Statutory Authority: RCW 67.16.020 and 67.16.040. 83-19-054 (Order 83-04), § 260-14-010, filed 9/19/83; Order 73.3, § 260-14-010, filed 6/28/73.]
[Order 73.3, § 260-14-020, filed 6/28/73.]
(2) No regulatory employee shall have an ownership interest in any association conducting a race meeting at which he is employed by the commission.
(3) Copies of any trust agreement by which a commissioner or employee retains an interest or potential interest in an association shall be filed with the commission and maintained in a separate file in the Olympia offices of said commission. Such file shall be open and available for public inspection during regular office hours of the commission.))
[Order 73.3, § 260-14-030, filed 6/28/73.]
(2) No commission employee shall)), nor may they make any
wager on the outcome of any horse race at a meeting under the
jurisdiction of the commission. ((
Commission employee means
both regulatory employee and employee as defined in WAC 260-14-010.
(3) No commissioner shall make any wager on the outcome of any horse race at a meeting under the jurisdiction of the commission.))
[Statutory Authority: RCW 67.16.020. 04-21-053, § 260-14-040, filed 10/18/04, effective 11/18/04; Order 73.3, § 260-14-040, filed 6/28/73.]
(2) No commissioner shall have any ownership interest
in any race horse running at any race meet under the
jurisdiction of the commission.))
[Statutory Authority: RCW 67.16.020. 04-19-046, § 260-14-050, filed 9/13/04, effective 10/14/04; Order 75.2, § 260-14-050, filed 4/17/75; Order 73.3, § 260-14-050, filed 6/28/73.]
(2) No regulatory employee shall receive any compensation from an association for services)) or performed during a race meet for which he or she is employed by the commission.
(3) Nothing in this rule shall be deemed to prohibit
the performance of such services by a regulatory employee
either before or after a race meet if authorization in writing
is granted by the commission prior to the time any services
for which compensation may be reasonably expected are
performed. Such authorization may be obtained only in
accordance with subparagraph (4) hereof.
(4) Upon receiving a request to perform services for which compensation shall be due for or on behalf of an association by a regulatory employee or an association or both, the executive secretary shall investigate and determine whether the performance of such services is bona fide. If he determines that the performance of such services is bona fide and that the compensation to be paid therefor is reasonably related to the performance of such services, he may authorize in writing such services to be performed pending final action by the commission. Should the commission later determine that the executive secretary was in error in granting such authorization, it shall promptly notify the regulatory employee and the association and such services shall thereupon immediately cease and no compensation may be paid such regulatory employee for services performed after such notification.
(5) Copies of written authorizations issued pursuant to this section shall be maintained in a separate file in the offices of the commission in Olympia, Washington, and shall be open and available for public inspection during regular office hours of said commission.))
[Order 73.3, § 260-14-060, filed 6/28/73.]
(2) Any ((
wilful)) violation by any employee (( or
regulatory employee shall be deemed to be)) will be considered
misconduct and (( shall)) will be grounds for (( immediate
discharge)) discipline, including termination. (( In the event
that such violation occurs between race meets by an employee
normally employed for the duration of a race meet, such
employee shall be deemed to be ineligible for employment by
the commission at the pertinent race meet for a period of at
least one year.))
[Order 73.3, § 260-14-070, filed 6/28/73.]