HORSE RACING COMMISSION
[Filed January 14, 2019, 9:01 a.m., effective February 14, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To incorporate a policy statement into rule to clarify certain services provided by the racing association that may be considered as part of the individuals license operation.
Citation of Rules Affected by this Order: Amending WAC 260-28-030.
Statutory Authority for Adoption: RCW 67.16.020
Adopted under notice filed as WSR 18-24-036 on November 28, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 11, 2019.
Douglas L. Moore
AMENDATORY SECTION(Amending WSR 07-07-007, filed 3/8/07, effective 4/8/07)
WAC 260-28-030Financial responsibility.
(1) A licensee may not willfully fail or refuse to pay money due for services, supplies, or fees connected with his or her operations as a licensee. A licensee may not falsely deny such an amount due or the validity of a complaint on such an amount due for the purpose of hindering, delaying, or defrauding the person to whom the amount is due.
(2) A financial responsibility complaint against a licensee must be in writing, signed by the complainant, and accompanied by documentation of the services, supplies or fees alleged to have been provided, or by a judgment from a civil court that has been issued within two years of the date of the complaint.
(3) Any licensee failing to make restitution as a result of a complaint where the amount owed is undisputed or judgment may be subject to disciplinary action, including a license suspension.
(4) The stewards will consider for disciplinary action only those financial responsibility complaints that meet the following criteria:
(a) The complaint involves services, supplies or fees that are directly related to the licensee's Washington racetrack and training operations; ((and))
(b) Check cashing provided by the racing association and providers of food services to licensees on the race track premises; and
(c) The debt or cause of action originated in Washington, or the civil court judgment was issued in Washington, within two years of the date the complaint is filed.
(5) In determining whether to act on a financial responsibility complaint, the stewards may consider the number of financial responsibility complaints made by the complainant against the same licensee within a two-year period immediately preceding the current complaint.
(6) A licensee may not write, issue, make or present any check in payment for any license fee, fine, nomination or entry fee or other fees, or for any service or supplies when the licensee knows or should reasonably know that the check will be refused for payment by the bank upon which it is written, or that the account upon which the check is written does not contain sufficient funds for payment of the check, or that the check is written on a closed or nonexistent account. The fact that such a check is returned to the payee by the bank as refused is grounds for license suspension pending satisfactory redemption of the returned check.