Purpose: To clarify the commission's authority to search all areas within the grounds of a licensed racing association and to seize any medication, drugs, paraphernalia, or device prohibited by the rules of racing or other evidence of a violation of the rules of racing.
Citation of Existing Rules Affected by this Order: Amending WAC 260-36-180 Authority to search.
Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.
Adopted under notice filed as WSR 05-02-078 on January 5, 2005.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 10, 2005.
R. M. Leichner
AMENDATORY SECTION(Amending Order 81-03, filed 4/22/81)
WAC 260-36-180 ((
Consent)) Authority to search.
order to protect the integrity of horse racing and to protect
the interests and safety of the public(( , any person who
accepts a license or occupational permit from the commission
and enters upon the grounds of a racing association is deemed
to have given consent, subject to the provisions of this
section, to a search of his person, effects, and/or any
premises which that person may occupy or have the right to
occupy upon the grounds. The commission and its stewards
shall have the right to authorize personnel to conduct such
searches. A licensee's or permit holder's person, effects, or
premises may be searched upon the grounds when a person
authorized to conduct such searches has reasonable grounds to
believe that the licensee or permit holder has in his
possession prohibited material or illicit devices; including,
but not limited to, prohibited drugs or medication, controlled
substances, nonauthorized hypodermic instruments, illicit
mechanical or electric devices, and weapons. When possible
such searches shall be conducted in a manner to avoid undue
intrusion of privacy, but a dispute as to the appropriate
conditions for a search shall not be grounds for failing to
permit an otherwise appropriate search. Failure to permit a
search as authorized herein shall result in revocation of the
person's license or permit upon receipt by the commission of a
sworn statement that a search was so refused. All persons to
be searched shall be advised that failure to permit a search
will result in revocation of their license or permit. Upon
receipt of a sworn statement that a search has been refused,
the commission or board of stewards shall inform the licensee
or permit holder in writing that their license or permit has
been revoked)) and participants, the commission and its
employees shall have the right to enter into or upon the
buildings, stables, rooms, motor vehicles or other places
within the grounds of a racing association to examine the same
and to inspect and examine the personal property and effects
of any licensee within such places. Any person who has been
granted a license by the commission, by accepting a license,
authorizes the commission or its employees to search his/her
person and the areas indicated herein and to seize any
medication, drugs, paraphernalia or device prohibited by the
rules of racing, or other evidence of a violation of the rules
of racing. If a licensee refuses to allow a search, the
stewards shall revoke his/her license and refer the matter to
[Statutory Authority: RCW 67.16.020 and 67.16.040. 81-09-075 (Order 81-03), § 260-36-180, filed 4/22/81.]