WSR 06-05-039

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed February 9, 2006, 4:01 p.m. , effective March 12, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend chapter 260-36 WAC as part of the agency's regulatory reform and to streamline agency rules so that they are more easily understood by our stakeholders and consistent with model rules of horse racing.

Citation of Existing Rules Affected by this Order: Repealing WAC 260-36-020, 260-36-040, 260-36-070, 260-36-130, 260-36-140, 260-36-160 and 260-36-190; and amending WAC 260-36-010, 260-36-030, 260-36-050, 260-36-060, 260-36-080, 260-36-085, 260-36-100, 260-36-110, 260-36-120, 260-36-150, 260-36-180, and 260-36-200.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 06-02-082 on January 4, 2006.

Changes Other than Editing from Proposed to Adopted Version: 1. Added language to WAC 260-36-010 to make changes to chapter 260-36 WAC retroactive for all licensing for the 2006 racing season; 2. In WAC 260-36-085 changes exercise person to exercise rider and eliminated the license type of "prospective owner;" 3. Made slight language change in WAC 260-36-110 for clarification purposes; and 4. Amended the new language in WAC 260-36-200 to eliminate the need for a trainer to present written authorization from an owner before obtaining a license for that owner.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 12, Repealed 7.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 12, Repealed 7.

Number of Sections Adopted Using Negotiated Rule Making: New 4, Amended 12, Repealed 7; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 9, 2006.

R. M. Leichner

Executive Secretary

OTS-8518.6

Chapter 260-36 WAC

((OCCUPATIONAL PERMITS AND)) LICENSES


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-36-010   ((Unlawful to act without license.)) License required.   ((It shall be unlawful for any person to take part in or officiate in any way or to serve in any capacity at any race track without first having secured a license or permit and paid said fee.)) Any person acting in an official capacity or any person participating directly in horse racing must have a valid license. Employees of the commission and commissioners are not required to be licensed. Persons employed by a racing association who only perform duties of concessions, housekeeping, parking, food and beverage, landscaping or similar functions, and do not act in an official capacity or participate directly in horse racing are not required to be licensed. Decisions regarding who is required to be licensed, if not addressed in this chapter, shall be made by the executive secretary. It shall be a violation of these rules for any person to act in an official capacity or participate directly in horse racing unless licensed by the commission.

This rule applies retroactively to all licensing for the 2006 racing season. Any person that is not required to be licensed by this rule, but was required to be licensed in 2005, shall not be required to obtain a 2006 license.

[Rules of racing, 348, filed 4/21/61.]


NEW SECTION
WAC 260-36-015   Age requirement for license.   Applicants for licensing shall be at least fourteen years of age unless otherwise specified. An applicant may be required to submit a certified copy of his/her birth certificate.

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AMENDATORY SECTION(Amending WSR 04-24-019, filed 11/22/04, effective 12/23/04)

WAC 260-36-030   Veterinarians ((and platers)) -- License required.   ((The license fee for veterinarians and platers shall be for one year. Veterinarians and platers must be approved by the commission before practicing their professions on the grounds of an association.)) Veterinarians licensed by the commission may also apply for a trainer's license. A licensee holding a veterinarian and a trainer's license shall be subject to the following ((conditions)) restrictions:

(1) The ((individual licensed by the commission as a veterinarian and trainer)) licensee may treat, using veterinary methods, only those horses for which he/she is the trainer of record.

(2) ((The individual licensed by the commission as a veterinarian and trainer shall not practice veterinary medicine on any horse other than for which he/she is the trainer of record.

(3))) Notwithstanding subsection (1) of this section, during an emergency on the grounds of the racing association, the ((individual licensed by the commission as a veterinarian and trainer)) licensee may respond and assist at the scene of the emergency. Any veterinary treatment provided at the scene shall be reported in writing to the official veterinarian. The report shall include, at a minimum, the names of horses treated and treatment rendered. The report must be filed by the next race day's first race.

[Statutory Authority: RCW 67.16.020. 04-24-019, 260-36-030, filed 11/22/04, effective 12/23/04; 04-15-039, 260-36-030, filed 7/12/04, effective 8/12/04. Statutory Authority: RCW 67.16.040. 91-24-085, 260-36-030, filed 12/4/91, effective 1/4/92. Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-007 (Order 89-03), 260-36-030, filed 6/9/89; 86-09-072 (Order 86-02), 260-36-030, filed 4/21/86; 82-14-012 (Order 82-05), 260-36-030, filed 6/25/82; Rules of racing, 350, filed 4/21/61.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-36-050   Application ((forms)) for license.   All applications for a license ((and registrations to participate in racing)) shall be made to the commission on approved forms ((supplied by them)). It shall be a violation of these rules for any person applying for a license to provide false information or fail to provide accurate and complete information. Persons completing an application shall be responsible for the accuracy and completeness of the information contained on the application.

[Rules of racing, 351, filed 4/21/61.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-36-060   Application for license -- ((Owners, trainers, jockeys, apprentices, and agents)) Stewards' review.   (1) Applications for an initial license ((filed)) submitted by ((owners,)) trainers, jockeys, ((jockey)) apprentice((s and agents)) jockeys, jockey agents, exercise riders, pony persons or outriders must be ((submitted to the board of stewards.

(1) All applications for licenses and for registrations must be approved by the board of stewards before actions will be taken by the commission.

(2) Before approving any application for a license it shall be the duty of the board of stewards individually and collectively to ascertain if the applicant is qualified, as to ability, integrity and right to the license applied for.

(3) In considering each application for a license the board of stewards may require the applicant as well as his endorsers to appear before them and show that said applicant is qualified in every respect to receive the license requested. Ability as well as integrity must be clearly shown by the applicant in order to receive recommendation for the granting of the license)) reviewed by a steward to determine if the applicant is qualified for the license requested.

(2) The determination whether an applicant is qualified for the license shall be made by a steward based on review of the application, and, at the discretion of the steward, the applicant may also be required to do one or more of the following:

(a) Pass a written exam;

(b) Appear for an oral interview either in person or by phone; or

(c) Demonstrate skills required for the license.

If a steward determines that an applicant is not qualified to receive the license requested, the applicant shall be notified and provided an opportunity to request a stewards' ruling conference on that issue.

(3) If an applicant has been previously determined, within the past five years, to be qualified for the license requested, review of the applicant's qualifications for that license is not necessary for subsequent license applications for the same type of license. An applicant may be determined to be qualified for the license requested if that person has been licensed in this state or other recognized jurisdiction in the past five years.

[Rules of racing, 352, filed 4/21/61.]


NEW SECTION
WAC 260-36-062   Fitness to participate.   (1) All applicants for a jockey, apprentice jockey, exercise rider, pony person or outrider license shall certify on their application that they are physically fit to ride.

(2) During the conduct of a race meet, if the board of stewards finds that a threat to the public health, safety or welfare requires emergency action, the board of stewards may require a jockey, apprentice jockey, exercise rider, pony person or outrider to provide a physician's written statement verifying fitness to ride before being allowed to ride in a race or on the grounds of the racing association.

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NEW SECTION
WAC 260-36-065   Approval of application for license.   The procedure for processing license applications shall be determined by the executive secretary.

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AMENDATORY SECTION(Amending WSR 04-24-019, filed 11/22/04, effective 12/23/04)

WAC 260-36-080   Duration of license.   (1) Every license issued by the commission shall ((expire on December 31st of the year for which it was issued except as provided below)) be for a term not exceeding one year.

(((a) A license shall be considered expired if the licensee is no longer performing the duties for which he or she was licensed, or, if applicable, the licensee is no longer employed by the employer who hired the licensee;

(b))) Licenses shall expire on December 31st of each year except as otherwise provided in this rule.

(2) Licenses issued to employees of a class 1 racing association shall expire on March 1st.

(3) A license shall be considered expired as of the date a licensee is no longer performing the activities for which he or she was licensed, or, if applicable, the date the licensee is no longer employed by the employer who hired the licensee. The commission or its designee may, at its sole discretion, reinstate ((an expired)) such a license if the licensee is reemployed ((prior to December 31st of the year in which the license was issued;

(c) The commission may establish an expiration date beyond December 31st if the license is being issued for a single race meeting which spans two calendar years;

(d) On recommendation of the executive secretary to the commission, the commission may extend the duration of a license of a class 1 racing association employee from December 31st of the year in which the license was issued to March 1st of the following year)) or begins performing the activities for which he or she was licensed prior to the end of the license period for which the license had been originally issued.

[Statutory Authority: RCW 67.16.020. 04-24-019, 260-36-080, filed 11/22/04, effective 12/23/04. Statutory Authority: RCW 67.16.040. 94-04-002, 260-36-080, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 67.16.020 and 67.16.040. 86-09-072 (Order 86-02), 260-36-080, filed 4/21/86; Rules of racing, 345, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 04-24-019, filed 11/22/04, effective 12/23/04)

WAC 260-36-085   License and fingerprint fees.   The following are the ((annual)) license fees for any person actively participating in racing activities:


Apprentice jockey $((66.00)) 67.00
Assistant trainer $31.00
Association employee -- management $21.00
Association employee -- hourly/seasonal $11.00
Association ((employee -- ))volunteer nonpaid No fee
Authorized agent $21.00
Clocker $21.00
Exercise ((person)) rider $((66.00)) 67.00
Groom $21.00
Honorary licensee $11.00
Jockey agent $((66.00)) 67.00
Jockey $((66.00)) 67.00
Other $21.00
Owner $((66.00)) 67.00
Pony person $((66.00)) 67.00
((Prospective owner $66.00))
Service employee $21.00
Spouse groom $21.00
Stable license $41.00
Trainer $((66.00)) 67.00
Vendor $((101.00)) 103.00
Veterinarian $((101.00)) 103.00

((Persons obtaining more than one type of license in a calendar year, excluding individuals applying for an owner and trainer license, shall not be assessed a license fee over $100.00.)) The license fee for multiple licenses shall not exceed $103.00, except persons applying for owner, veterinarian or vendor license shall pay the license fee established for each of these licenses.

The following are examples of how this section applies:

Example one - A person applies for the following licenses: Trainer ($67.00), exercise person ($67.00), and pony person ($67.00). The total license fee for these multiple licenses would only be $103.00.

Example two - A person applies for the following licenses: Owner ($67.00), trainer ($67.00) and exercise person ($67.00). The total cost of the trainer and exercise person license would be $103.00. The cost of the owner license ($67.00) would be added to the maximum cost of multiple licenses ($103.00) to determine the total license fee of $170.00.

Example three - A person applies for the following licenses: Owner ($67.00), vendor ($103.00), and exercise person ($67.00). The license fees for owner ($67.00) and vendor ($103.00) are both added to the license fee for exercise person ($67.00) for a total license fee of $237.00.

In addition to the above fees, a $10.00 fee will be added to cover the costs of conducting a fingerprint-based background check. The background check fee will be assessed only once annually per person regardless of ((the number of different types of licenses an individual possesses)) whether the person applies for more than one type of license in that year.

The commission shall review license and fingerprint fees annually to determine if they need to be adjusted to comply with RCW 67.16.020.

[Statutory Authority: RCW 67.16.020. 04-24-019, 260-36-085, filed 11/22/04, effective 12/23/04.]


AMENDATORY SECTION(Amending WSR 04-24-019, filed 11/22/04, effective 12/23/04)

WAC 260-36-100   Fingerprints and photographs.   Every person applying for a license ((to actively participate in racing)) shall furnish the commission his or her fingerprints and photograph upon making an initial application for a license and at least once every three years thereafter. However, the commission, in its discretion, may require fingerprints and a photograph from any applicant or licensee at any time.

[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.]


AMENDATORY SECTION(Amending Order 81-06, filed 7/10/81)

WAC 260-36-110   ((Identification badges.)) Display of license.   (1) ((All)) Licensees shall ((display)) present their ((identification badges at all security gates and)) license when requested to do so by racing association security personnel or commission employees.

(2) ((When a racing association requires identification badges)) The commission may require licenses to be worn ((in its barn area, these badges shall not be transferable and must be prominently displayed by the occupational licensees)) while on association grounds.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 81-15-034 (Order 81-06), 260-36-110, filed 7/10/81; Rules of racing, 28, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 05-05-047, filed 2/14/05, effective 3/17/05)

WAC 260-36-120   Denial, suspension, and revocation -- Grounds.   (1) The commission or its designee may refuse to issue or may deny a license to an applicant, ((or)) may modify or place conditions upon a license, may suspend or revoke a license issued, or may order disciplinary measures, or may ban a person from all facilities under the commission's jurisdiction, if the applicant or licensee:

(a) Has been convicted of a felony, as classified by the laws of the state of Washington or the laws of the jurisdiction in which the conviction occurred;

(b) Has been convicted of violating any law regarding gambling or a controlled substance;

(c) Has pending misdemeanor or gross misdemeanor criminal charges, as classified by the laws of the state of Washington or the laws of the jurisdiction in which the conviction occurred;

(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)) a proceeding pending to determine whether the applicant or licensee has violated the rules of racing 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 who may interfere or has interfered 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;

(o) Has association with persons of known disreputable character; or

(p) Has not established the necessary skills or expertise to be qualified for a license as required by WAC 260-36-060.

(2) 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 crime((s)) against a person. "Crime against a person" means a conviction for any offense enumerated in chapters 9A.32, 9A.36, 9A.40, 9A.42, and 9A.44 RCW, or an offense which would constitute an offense enumerated in those chapters if committed in Washington state;

(b) Has been convicted of any felony property crime within the past ten years. "Property crime" means a conviction for an offense enumerated in chapters 9A.48, 9A.52, 9A.56, and 9A.60 RCW, or an offense which would constitute an offense enumerated in those chapters if committed in Washington state;

(c) Has been convicted of any felony drug crime involving the possession or use of any drug as defined in chapter 69.41 RCW or any controlled substance as defined in chapter 69.50 RCW within the past three years.

(d) Has been convicted of any other felony drug crime as defined in chapter 69.41 RCW or felony crime involving a controlled substance as defined in chapter 69.50 RCW.

(e) Has five or more convictions for gross misdemeanors within the last three years;

(f) Is subject to current prosecution or pending charges for any felony crime;

(g) Has a felony conviction under appeal;

(h) Is currently suspended or revoked in Washington or by another recognized racing jurisdiction;

(i) 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

(j) 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.)) In considering ((an appeal from)) a challenge of a decision ((by the board of stewards)) denying or revoking a license pursuant to subsection (2) of this section, the commission may only reverse the denial or revocation on a showing by the appellant of mitigating information and that the best interests of horse racing would not be compromised by granting or reinstating a license.

(4) A license suspension or revocation shall be reported in writing to the applicant or licensee and the Association of Racing Commissioners International, Inc. ((whereby other member racing jurisdictions shall be advised.

(5) A recognized racing jurisdiction shall include members of the Association of Racing Commissioners International (RCI) and the North American Pari-Mutuel Regulators Association (NAPRA), and any other racing authority with which the commission has a written reciprocity agreement)).

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-05-047, 260-36-120, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 67.16.020. 04-07-075, 260-36-120, filed 3/15/04, effective 4/15/04; Rules of racing, 347, filed 4/21/61; sub. (2) added as rule 347(a), filed 1/21/64.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-36-150   Employing or harboring an unlicensed person.   ((Any racing association, owner, trainer, or other licensee, licensed by the commission, who shall employ an exercise boy, groom, or other employee, who is not licensed by the commission, shall be subject to suspension, fine, or both, the extent of said suspension, fine or both to be determined by the board of stewards.)) No racing association or licensee shall employ an unlicensed person in a position for which a license is required by these rules. No licensee shall harbor any unlicensed person in the restricted areas on the grounds of any class A or B racing association.

[Rules of racing, 354, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 05-05-043, filed 2/14/05, effective 3/17/05)

WAC 260-36-180   Authority to search.   In order to protect the integrity of horse racing and to protect the interests and safety of the public 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 board of stewards shall revoke his/her license and refer the matter to the commission.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-05-043, 260-36-180, filed 2/14/05, effective 3/17/05; 81-09-075 (Order 81-03), 260-36-180, filed 4/22/81.]


AMENDATORY SECTION(Amending WSR 05-09-045, filed 4/18/05, effective 5/19/05)

WAC 260-36-200   ((Provisional)) Application for owner's license by trainer.   ((A provisional owner's license is intended to allow an individual to enter a horse in Washington races for a period of time not to exceed fourteen days. The commission or its designee may issue a provisional owner's license for a period of fourteen days based on an application completed by a trainer representing the owner and payment of all license, fingerprint and labor and industries fees. The trainer shall provide the commission, at a minimum, the name, address, telephone number and date of birth of the owner. The provisional owner shall have fourteen calendar days from the date the license is issued to send to the commission a completed application, signed by the owner, and if directed, a set of fingerprints.)) (1) A trainer may submit an application for an owner's license on behalf of an owner providing the trainer pays all license fees and required labor and industries premiums are submitted with the application.

(2) Within fourteen days of the trainer's submission of a license application on behalf of an owner, the owner must complete the license application process by providing fingerprints, a photograph, and any other information required by the commission. If the owner fails to complete the application process within the fourteen days, the board of stewards may revoke the owner's license.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-09-045, 260-36-200, filed 4/18/05, effective 5/19/05; 91-03-033, 260-36-200, filed 1/9/91, effective 1/22/91.]


NEW SECTION
WAC 260-36-210   Owner's license.   There shall be no age limitation for a person to apply for and be granted an owner's license, except that persons under the age of eighteen must have a parent or guardian assume financial responsibility for them.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 260-36-020 Licenses required of jockeys, apprentices, owners, trainers.
WAC 260-36-040 Registration of personnel other than owners, trainers and jockeys -- Fee.
WAC 260-36-070 Licenses temporary subject to commission approval.
WAC 260-36-130 Revocation for association with disreputable persons.
WAC 260-36-140 Harboring person not having credentials.
WAC 260-36-160 Personnel lists.
WAC 260-36-190 Facsimile for owners may be used.