WSR 10-11-082

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed May 17, 2010, 9:12 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-03-062.

Title of Rule and Other Identifying Information: WAC 260-36-100 Fingerprints.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on August 13, 2010, at 9:30 a.m.

Date of Intended Adoption: August 13, 2010.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail dmoore@whrc.state.wa.us, fax (360) 459-6461, by August 9, 2010.

Assistance for Persons with Disabilities: Contact Patty Sorby by August 9, 2010, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To allow the commission to determine the interval that an applicant must provide fingerprints.

Reasons Supporting Proposal: The Washington horse racing commission (WHRC) implemented a requirement for fingerprints based on a three year cycle in 2006. Since the initial cycle in where all licensees provided fingerprints, there are small percentages that have criminal history that requires action by the WHRC. The commission may now extend the interval to submit fingerprints to make licensing more convenient for individuals previously licensed.

Statutory Authority for Adoption: RCW 67.16.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: [Horse racing commission], governmental.

Name of Agency Personnel Responsible for Drafting: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert J. Lopez, 6326 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.

May 17, 2010

Douglas L. Moore

Deputy Secretary

OTS-3093.1


AMENDATORY SECTION(Amending WSR 08-05-087, filed 2/15/08, effective 3/17/08)

WAC 260-36-100   Fingerprints.   Every person applying for a license must furnish the commission his or her fingerprints upon making an initial application for a license ((and at least once every three years thereafter)). Following the initial application, each person must then submit fingerprints at an interval determined by the commission. However, the commission, executive secretary, stewards, or security investigators, in their discretion, may require fingerprints from any applicant or licensee at any time. If an applicant fails to furnish fingerprints, the stewards may suspend the license or deny, and/or assess a fine.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 08-05-087, 260-36-100, filed 2/15/08, effective 3/17/08. Statutory Authority: RCW 67.16.020. 07-01-052, 260-36-100, filed 12/14/06, effective 1/14/07. Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-100, filed 2/9/06, effective 3/12/06. Statutory Authority: RCW 67.16.020. 04-24-019, 260-36-100, filed 11/22/04, effective 12/23/04. Rules of racing, 349, filed 4/21/61.]

Washington State Code Reviser's Office