PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-17-031.
Title of Rule and Other Identifying Information: WAC 260-84-060 Penalty matrixes and 260-84-065 Licensees -- Drug and alcohol penalties.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on January 11, 2007, at 9:30 a.m.
Date of Intended Adoption: January 11, 2007.
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) 459-6462, by January 8, 2007.
Assistance for Persons with Disabilities: Contact Patty Sorby by January 8, 2007, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend penalty matrix in WAC 260-84-060 and drug and alcohol penalties in WAC 260-84-065 to update the rules of racing.
Reasons Supporting Proposal: New penalties are needed to update the current rules of racing, chapter 260-84 WAC.
Statutory Authority for Adoption: RCW 67.16.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington horse racing commission, governmental.
Name of Agency Personnel Responsible for Drafting: Douglas Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert Leichner, 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.
December 5, 2006
R. M. Leichner
Executive Secretary
OTS-9435.2
AMENDATORY SECTION(Amending WSR 06-07-058, filed 3/10/06,
effective 4/10/06)
WAC 260-84-060
Penalty matrixes.
(1) The imposition of
reprimands, fines and suspensions shall be based on the
following penalty matrixes:
| Class A and B Licensed Facilities | |||
| 1st Offense | 2nd Offense | 3rd Offense or subsequent offense | |
| Smoking in restricted areas WAC 260-20-030 | $25 | $50 | $100 |
| Disturbing the peace WAC 260-80-140 | Warning to $200 and/or suspension | Warning to $500 and/or suspension | Suspension |
| Person performing duties for which they are not licensed WAC 260-36-010 | $50 | $100 | $150 |
| Unlicensed or improperly licensed personnel or failure to report correct stall or registration paper count for LI purposes (trainer's responsibility) WAC 260-28-230 and 260-36-220 | (( |
||
| Licensing - failure to divulge a felony WAC 260-36-120 | $100 or possible denial of license | ||
| Licensing - failure to divulge a gross misdemeanor or misdemeanor WAC 260-36-120 | Warning to $50 | ||
| Licensing - providing false information on application WAC 260-36-120 | $50 to $250 or possible denial of license | ||
| Licensing - nonparticipation WAC 260-36-080 | License canceled | ||
| Violation of any claiming rule in chapter 260-60 WAC | $200 to $500 plus possible suspension | ||
| Use of improper, profane or indecent language to a racing official WAC 260-80-130 | $50 | $100 | $250 |
| Unsafe vehicle operation WAC 260-20-020 | Warning to $50 | $100 and recommend racing association revoke vehicle pass | |
| Financial responsibility WAC 260-28-030 | Resolve within 30 days or before the end of the meet (whichever is sooner) or suspension | ||
| Failure to appear - for ruling conference WAC 260-24-510 | Suspension | ||
| Failure to honor riding engagements (call) - agents WAC 260-32-400 | $75 | $100 | $200 |
| Reporting incorrect weight - jockeys WAC 260-32-150 | $50 | $100 | $200 |
| Failure to appear for films - jockeys WAC 260-24-510 | $50 | $100 | $200 |
| Failure to fulfill riding engagement WAC 260-32-080 | $100 | $150 | $200 |
| Easing mount without cause WAC 260-52-040 | $250 | $250 and/or suspension | $500 and/or suspension |
| Jockey failing to maintain straight course or careless riding WAC 260-52-040 | Warning to $750 and/or suspension (riding days) | ||
| Jockey's misuse of whip WAC 260-52-040 | Warning to $2500 | ||
| Use of stimulating device (may include batteries) WAC 260-52-040 | 1 year suspension plus mandatory referral to commission for revocation | ||
| Possession of stimulating device (may include batteries) WAC 260-52-040 and 260-80-100 | 1 year suspension plus mandatory referral to commission for revocation | ||
| Offering or accepting a bribe in an attempt to influence the outcome of a race WAC 260-80-010 and 260-80-020 | 1 year suspension plus mandatory referral to commission for revocation | ||
| Entering ineligible horse WAC 260-40-140 and 260-80-030 | $50 | $100 | $100 |
| Arriving late to the paddock WAC 260-28-200 | Warning to $50 | Warning to $50 | $50 to $100 |
| Failure to have registration papers on file - resulting in a scratch WAC 260-40-090 | $50 to $100 | $100 | $100 |
| Failure to obtain permission for equipment changes WAC 260-44-010 | Warning to $50 | $100 | $100 |
| Failure to report performance records WAC 260-40-100 | Warning to $50 | $100 | $150 |
| Insufficient workouts - resulting in scratch WAC 260-40-100 | $50 to $100 | $100 | $100 |
| Class C Licensed Facilities | |||
| 1st Offense | 2nd Offense | 3rd Offense or subsequent offense | |
| Smoking in restricted areas WAC 260-20-030 | $25 | $50 | $100 |
| Disturbing the peace WAC 260-80-140 | Warning to $100 and/or suspension | $250 and/or suspension | Suspension |
| Person performing duties for which they are not licensed WAC 260-36-010 | $50 | $100 | $150 |
| Unlicensed or improperly licensed personnel or failure to report correct stall or registration paper count for LI purposes (trainer's responsibility) WAC 260-28-230 and 260-36-220 | (( |
||
| Licensing - failure to divulge a felony WAC 260-36-120 | $100 or possible denial of license | ||
| Licensing failure to divulge a misdemeanor or gross misdemeanor WAC 260-36-120 | Warning to $25 | ||
| Licensing - providing false information on application WAC 260-36-120 | $50 to $250 or possible denial of license | ||
| Licensing - nonparticipation WAC 260-36-080 | License canceled | ||
| Violation of any claiming rule in chapter 260-60 WAC | $100 to $250 plus possible suspension | ||
| Use of improper, profane or indecent language to a racing official WAC 260-80-130 | $50 | $100 | $250 |
| Unsafe vehicle operation WAC 260-20-020 | Warning to $50 | ||
| Financial responsibility WAC 260-28-030 | Resolve 30 days or before the end of the fall meet (whichever is sooner) to resolve or suspension | ||
| Failure to appear for ruling conference WAC 260-24-510 | Suspension | ||
| Failure to honor riding engagements (call) - agents WAC 260-32-400 | $25 | $50 | $100 |
| Reporting incorrect weight - jockeys WAC 260-32-150 | $25 | $50 | $100 |
| Failure to appear for films - jockeys WAC 260-24-510 | $25 | $50 | $100 |
| Failure to fulfill riding engagement WAC 260-32-080 | $50 | $100 | $200 |
| Easing mount without cause WAC 260-52-040 | $100 | $200 and/or suspension | $400 and/or suspension |
| Jockey failing to maintain straight course or careless riding WAC 260-52-040 | Warning to $750 and/or suspension (riding days) | ||
| Jockey's misuse of whip WAC 260-52-040 | Warning to $2500 | ||
| Use of stimulating device (may include batteries) WAC 260-52-040 | 1 year suspension plus mandatory referral to commission for revocation | ||
| Possession of stimulating device (may include batteries) WAC 260-52-040 and 260-80-100 | 1 year suspension plus mandatory referral to commission for revocation | ||
| Offering or accepting a bribe in an attempt to influence the outcome of a race WAC 260-80-010 and 260-80-020 | 1 year suspension plus mandatory referral to commission for revocation | ||
| Entering ineligible horse WAC 260-40-140 and 260-80-030 | $25 | $50 | $50 |
| Arriving late to the paddock WAC 260-28-200 | Warning to $25 | $50 | $50 |
| Failure to have registration papers on file - resulting in a scratch WAC 260-40-090 | $50 | $100 | $100 |
| Failure to obtain permission for equipment changes WAC 260-44-010 | Warning to $50 | $50 | $50 |
| Class A, B and C Licensed Facilities | |||
| 1st Offense | 2nd Offense | 3rd Offense or subsequent offense | |
| Tampering with a fire protection, prevention or suppression system or device WAC 260-20-030 | $50 | $100 | $250 plus possible suspension |
| Failure to post problem gambling signs WAC 260-12-250 | Warning to $50 | $100 | $200 |
| Issuing a check to the commission with not sufficient funds WAC 260-28-030 | $25 | $50 | $100 |
| Failure to follow instructions of the outrider WAC 260-24-690 | $50 | $100 | $200 |
| Failure to complete provisional license application within fourteen days WAC 260-36-200 | Warning to $100 and denial of license | $250 and denial of license | $500 and denial of license |
| Failure to pay or default on L&I payment agreement WAC 260-28-235 | Per LI premium payment agreement, immediate suspension until paid plus $25 for each quarter payment is late | ||
| Failure to register employees with the commission (trainer's responsibility) WAC 260-28-230 | Warning to $50 | ||
| Unlicensed person on the backside WAC 260-20-040 and 260-20-090 | Report violation to the racing association | ||
| Failure to wear proper safety equipment WAC 260-12-180 | $50 | $100 | $200 |
| Failure to display or possess license badge when in restricted area WAC 260-36-110 | $25 | $50 | $100 |
(3) Except as otherwise provided in this chapter, for any
other violation not specifically listed above, the stewards
((shall)) have discretion to impose the penalties as provided
in WAC 260-24-510 (3)(((b)))(a). For violations considered
minor, the fine can be up to $500 and/or suspension for up to
sixty days. Fines for violations considered major can be up
to $2,500 and/or suspension up to one year.
(4) Circumstances which may be considered for the purpose of mitigation or aggravation of any penalty shall include, but are not limited to, the following:
(a) The past record of the licensee or applicant;
(b) The impact of the offense on the integrity of the parimutuel industry;
(c) The danger to human and/or equine safety;
(d) The number of prior violations of these rules of racing or violations of racing rules in other jurisdictions; and/or
(e) The deterrent effect of the penalty imposed.
(5) For violations covered by chapter 260-70 WAC, Medication, the stewards shall follow the penalty guidelines as set forth in WAC 260-84-090.
(6) The stewards may refer any matter to the commission and may include recommendations for disposition. The absence of a stewards' referral shall not preclude commission action in any matter. A stewards' ruling shall not prevent the commission from imposing a more severe penalty.
[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-058, § 260-84-060, filed 3/10/06, effective 4/10/06; 05-07-064, § 260-84-060, filed 3/11/05, effective 4/11/05. Rules of racing, § 381, filed 4/21/61.]
OTS-9427.1
AMENDATORY SECTION(Amending WSR 06-07-058, filed 3/10/06,
effective 4/10/06)
WAC 260-84-065
Licensees -- Drug and alcohol penalties.
(1) Engaging in the illegal sale or distribution of alcohol in
violation of WAC 260-34-020(2).
(a) First offense - thirty-day suspension; and
(b) Second or subsequent offense - one-year suspension and referral to the commission for revocation.
(2) ((Use or possession of an illegal controlled
substance, other than marijuana.)) Possessing any equipment,
products or materials of any kind, which are used or intended
for use in injecting, ingesting, inhaling or otherwise
introducing into the human body an illegal controlled
substance, other than marijuana in violation of WAC 260-34-020(5); or possessing or having within their body while
on the grounds of a licensed race meet any illegal controlled
substance, in violation of WAC 260-34-020 (1) or (4).
(a) First offense - thirty-day suspension; and
(b) Second offense - one-year suspension and referral to the commission for revocation.
(3) ((Possession or use of marijuana.)) Possessing any
equipment, products or materials of any kind, which are used
or intended for use in ingesting, inhaling or otherwise
introducing into the human body marijuana, in violation of WAC 260-34-020(5); or possessing or having within their body
marijuana, an illegal controlled substance, while on the
grounds of any licensed race meet, in violation of WAC 260-34-020(1).
(a) First offense - three-day suspension;
(b) Second offense - thirty-day suspension; and
(c) Third or subsequent offenses - one-year suspension and referral to commission for revocation.
(4) Being under the influence of or affected by intoxicating liquor and/or drugs in violation of WAC 260-34-020(1).
(a) First offense - warning to one-day suspension;
(b) Second offense - three-day suspension;
(c) Third offense - thirty-day suspension; and
(d) Subsequent offenses - one-year suspension and referral to commission for revocation.
(5) ((Refusal)) Refusing to submit to a drug or alcohol
test, in violation of WAC 260-34-020(6) will result in a
penalty of a one-year suspension plus referral to the
commission for revocation.
(6) ((Possession of)) Possessing any equipment or
material used to manufacture or distribute any controlled
substance, or engaging in the sale, manufacturing or
distribution of any illegal controlled substance or possessing
an illegal controlled substance with intent to deliver on the
grounds of any licensed race meet in violation of WAC 260-34-020 (3)((, (4), and)) or (5), immediate ejection from
the grounds ((and)), a one-year suspension plus referral to
the commission for revocation.
(7)(a) For violations of WAC 260-34-020 (1) and (4), the
board of stewards may stay a suspension if the licensee or
applicant shows proof of participation in a drug
rehabilitation or alcohol treatment program approved or
certified by the department of social and health services.
Individuals will only be allowed a stay of a suspension under
this subsection once in a five-year period. If during ((this
time)) the period of the stay a licensee or applicant violates
the provisions of chapter 260-34 WAC, the violation for which
the stay of suspension was entered will be considered as a
prior violation for penalty purposes. Before being granted a
stay of the suspension, the licensee or applicant must also
agree to comply with the following conditions during the
duration of the treatment program:
(i) Remain in compliance with the rehabilitation and/or treatment program.
(ii) Submit to random drug or alcohol testing at the
discretion of the board of stewards or commission security
investigators ((for a period of five years)).
(iii) Have no ((further incidents of violating))
violations of chapter 260-34 WAC ((within the next twelve
calendar months)).
Upon completion of the rehabilitation or treatment program, the licensee or applicant must provide documentation of completion to the board of stewards. Upon making a determination that the licensee or applicant successfully completed the rehabilitation or treatment program, the board of stewards may direct that the final disposition of the violation will be that the licensee or applicant completed a treatment program in lieu of suspension.
(b) If the board of stewards, after a conference, finds
that the licensee or applicant failed to comply with the
conditions ((of the stay, the original suspension may be
imposed. Failure to remain in compliance with the
rehabilitation and/or treatment program shall be considered a
failure to comply with the conditions of the stay.
(c) Upon successful completion of a drug or alcohol rehabilitation or treatment program, a licensee or applicant can request the board of stewards lift the suspension)) required in (a)(iii) of this subsection, the board of stewards has discretion to impose the original suspension authorized by this rule. If the failure to comply with the conditions of the stay is a violation of chapter 260-34 WAC, the board of stewards may also hold a ruling conference for that rule violation and impose such penalty as is provided for that violation.
(8) Any licensee or applicant who tests positive (presumptive or confirmatory) for the presence of an illegal controlled substance is prohibited from performing any duties for which a license is required until the licensee does not test positive (presumptive or confirmatory) for the presence of any illegal controlled substance.
(9) Any licensee or applicant who is affected by intoxicating liquor or who has an alcohol concentration of 0.08 percent or higher is prohibited from performing any duties for which a license is required until the licensee is not affected by intoxicating liquor and his/her alcohol concentration is below 0.08 percent.
[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-058, § 260-84-065, filed 3/10/06, effective 4/10/06.]