PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-23-125.
Title of Rule: WAC 260-36-120 Denial, suspension and revocation -- Grounds.
Purpose: To amend the existing rule to assist our stewards in making decisions whether or not to approve or deny a license to meet the commission's mandate to protect the integrity of horse racing in Washington.
Statutory Authority for Adoption: RCW 67.16.020.
Summary: The proposed amendment sets out clear criteria when a license may and when a license shall be denied, suspended or revoked.
Reasons Supporting Proposal: Not only does the proposed language assist the agency in protecting the integrity of horse racing, it also provides consistency with other racing jurisdictions by paralleling the national model rule.
Name of Agency Personnel Responsible for Drafting: Robert Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462; Implementation and Enforcement: Robert Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462.
Name of Proponent: Washington Horse Racing Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed amendment sets out specific criteria when a license shall be denied, suspended or revoked by the commission. This criteria includes convictions for felonies and suspensions in other racing jurisdictions. The amendment is intended to provide specific guidance to our stewards whether or not to approve a license.
Proposal Changes the Following Existing Rules: The proposal amends the existing rule by setting out specific criteria when the commission "may" and when the commission "shall" deny, suspend or revoke a license.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on March 11, 2004, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Patty Sorby at the Washington Horse Racing Commission by March 10, 2004.
Submit Written Comments to: Robert M. Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, fax (360) 459-6461, by March 10, 2004.
Date of Intended Adoption: March 12, 2004.
January 28, 2004
R. M. Leichner
Executive Secretary
OTS-6930.1
AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)
WAC 260-36-120
Denial, suspension, and
revocation -- Grounds.
(1) The commission or its designee may
refuse to issue or may deny ((or revoke a license or permit to
any person who shall have been refused)) a license ((or permit
by any other state racing commission or racing authority:
Provided, however, That the state racing commission or racing
authority of such other state extends to the state racing
commission of Washington reciprocal courtesy to maintain the
disciplinary control; the commission may deny or revoke any
license or permit where the holder thereof has violated the
rules and regulations of the commission governing the conduct
of persons connected with the race tracks)) to an applicant,
or may suspend or revoke a license issued, or may order
disciplinary measures, if the applicant or licensee:
(a) Has been convicted of a felony;
(b) Has been convicted of violating any law regarding gambling or a controlled substance;
(c) Has pending misdemeanor or gross misdemeanor criminal charges;
(d) Has failed to meet the minimum qualifications required for the license for which they are applying;
(e) Has failed to disclose or states falsely any information required in the application;
(f) Has been found in violation of statutes or rules governing racing in this state or other jurisdictions;
(g) Has disciplinary charges pending in this state or other racing jurisdiction;
(h) Has been or is currently excluded from association grounds by a recognized racing jurisdiction;
(i) Has had a license denied, by any racing jurisdiction;
(j) Is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting;
(k) Demonstrates financial irresponsibility by accumulating unpaid obligations, defaulting in obligations or issuing drafts or checks that are dishonored or payment refused;
(l) Has violated any of the alcohol or substance abuse provisions outlined in chapter 260-34 WAC;
(m) Has violated any of the provisions of chapter 67.16 RCW; or
(n) Has violated any provisions of Title 260 WAC.
(2) ((The commission may refuse to issue or renew a
license, or may suspend or revoke a license issued pursuant to
the rule, if it shall find that the applicant, or any person
who is a partner, agent, employee or associate of the
applicant, has been convicted of a crime in any jurisdiction,
or is or has been associating or consorting with any person
who has or persons who have been convicted of a crime or
crimes in any jurisdiction or jurisdictions, or is consorting
or associating with or has consorted or associated with
bookmakers, touts, or persons of similar pursuits, or has
himself engaged in similar pursuits, or is financially
irresponsible, or has been guilty of or attempted any fraud or
misrepresentation in connection with racing, breeding or
otherwise, or has violated or attempted to violate any law
with respect to racing in any jurisdiction or any rule,
regulation or order of the commission, or shall have violated
any rule of racing which shall have been approved or adopted
by the commission, or has been guilty of or engaged in
similar, related or like practices.)) The commission or its
designee shall deny the application for license or suspend or
revoke an existing license if the applicant or licensee:
(a) Has been convicted of any felony crimes against a person;
(b) Has been convicted of any felony property crime within the past ten years;
(c) Has five or more convictions for gross misdemeanors within the last three years;
(d) Is subject to current prosecution or pending charges for any felony crime;
(e) Has a felony conviction under appeal;
(f) Is currently suspended or revoked in Washington or by another racing jurisdiction;
(g) Is certified under RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order; or
(h) Has any outstanding arrest warrants.
(3) An appeal of a license denial based on this policy shall be filed as outlined in WAC 260-88-010.
(4) A license suspension or revocation shall be reported in writing to the applicant and the Association of Racing Commissioners International, Inc. whereby other member racing jurisdictions shall be advised.
[Rules of racing, § 347, filed 4/21/61; sub. (2) added as rule § 347(a), filed 1/21/64.]