PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-23-026.
Title of Rule and Other Identifying Information: Chapter 260-84 WAC, Penalties.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on March 15, 2013, at 9:30 a.m.
Date of Intended Adoption: March 15, 2013.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail doug.moore@whrc.state.wa.us, fax (360) 459-6461, by March 13, 2013.
Assistance for Persons with Disabilities: Contact Patty Sorby by March 13, 2013, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updates the penalty matrix to reflect current WACs and adopts new penalties for the possession and use of marijuana due to the passage of I-502.
Reasons Supporting Proposal: WACs have been amended and the current matrix was incorrect is [in] some circumstances.
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 L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert J. Lopez, 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.
February 1, 2013
Douglas L. Moore
Deputy Secretary
OTS-5279.2
AMENDATORY SECTION(Amending WSR 12-05-042, filed 2/10/12,
effective 3/12/12)
WAC 260-84-060
Penalty matrixes.
(1) Unless provided
for elsewhere, the imposition of reprimands, fines and
suspensions will be based on the following penalty matrixes:
| Class A and B Licensed Facilities | |||
| 1st Offense | 2nd Offense | 3rd Offense or subsequent offense | |
| 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 | $100 | $200 | $300 |
| Unlicensed or improperly
licensed personnel WAC
(( |
$100 | $200 | $300 |
| Violation of any claiming rule in chapter 260-60 WAC | $200 to $500 plus possible suspension | ||
| Failure of jockey agent to honor riding engagements (call) WAC 260-32-400 | $75 | $100 | $200 |
| Failure of jockey to report correct weight WAC 260-32-150 | $100 | $200 | $300 |
| Failure of jockey to appear for films WAC 260-24-510 | $50 | $100 | $200 |
| Failure of jockey to fulfill riding engagement WAC 260-32-080 | $100 | $150 | $200 |
| Jockey easing mount without cause WAC 260-52-040 | $250 and/or suspension | $500 and/or suspension | $1000 and/or suspension |
| Jockey failing to maintain straight course or careless riding with no disqualification (jockey at fault) WAC 260-52-040 | Warning to $750 and/or suspension (riding days) | ||
| Jockey failing to maintain straight course or careless riding resulting in a disqualification (jockey at fault) WAC 260-52-040 | $500 and/or suspension (riding days) | Suspension (riding days) | |
| Rider's misuse of (( |
Warning to $2500 | ||
| Entering ineligible horse or unauthorized late scratch chapter 260-40 WAC and WAC 260-80-030 | Warning to $200 | $200 to $300 | $200 to $500 |
| Arriving late to the paddock or receiving barn WAC 260-28-200 | Warning to $50 | $50 to $100 | $100 to $200 |
| Failure to deliver furosemide treatment form to official veterinarian by appointed time WAC 260-70-650 | Warning to $50 | $50 to $100 | $100 to $200 |
| Failure to obtain permission for equipment changes WAC 260-44-010 | $50 | $100 | $200 |
| Failure to report performance records WAC 260-40-100 | Warning to $50 | $100 | $150 |
| Trainer failure to report proper identity of horses in their care WAC 260-28-295 | $50 | $100 | $200 |
| Failure to submit gelding report WAC 260-28-295 | $100 | $200 | $300 |
| Class C Licensed Facilities | |||
| 1st Offense | 2nd Offense | 3rd Offense or subsequent offense | |
| 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 WAC
(( |
$50 | $100 | $200 |
| Violation of any claiming rule in chapter 260-60 WAC | $100 to $250 plus possible suspension | ||
| Failure of jockey agent to honor riding engagements (call) WAC 260-32-400 | $25 | $50 | $100 |
| Failure of jockey to report correct weight WAC 260-32-150 | $25 | $50 | $100 |
| Failure of jockey to appear for films WAC 260-24-510 | $25 | $50 | $100 |
| Failure of jockey to fulfill riding engagement WAC 260-32-080 | $50 | $100 | $200 |
| Jockey 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 with no disqualification (jockey at fault) WAC 260-52-040 | Warning to $500 and/or suspension (riding days) | ||
| Jockey failing to maintain straight course or careless riding resulting in a disqualification (jockey at fault) WAC 260-52-040 | $100 to $500 and/or suspension (riding days) | ||
| Rider's misuse of (( |
Warning to $2500 | ||
| Entering ineligible horse or unauthorized late scratch chapter 260-40 WAC and WAC 260-80-030 | Warning to $50 | $100 to $200 | $200 to $300 |
| Arriving late to the paddock WAC 260-28-200 | Warning to $25 | $50 | $100 |
| Failure to deliver furosemide treatment form to official veterinarian by appointed time WAC 260-70-650 | Warning to $25 | $50 | $100 |
| Failure to obtain permission for equipment change WAC 260-44-010 | $25 | $50 | $100 |
| Failure to report performance records WAC 260-40-100 | Warning to $25 | $50 | $100 |
| Failure to submit gelding report WAC 260-28-295 | $50 | $100 | $200 |
| Class A, B and C Licensed Facilities | |||
| 1st Offense | 2nd Offense | 3rd Offense or subsequent offense | |
| Smoking in restricted areas WAC 260-20-030 | $50 | $100 | $250 and/or suspension |
| Tampering with a fire protection, prevention or suppression system or device WAC 260-20-030 | $200 | $500 | $1000 and/or 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 | $50 | $100 | $200 |
| Failure to ride in a safe or prudent manner WAC 260-80-145 | Warning | $50 | $50 - subsequent offenses $50 plus possible suspensions |
| Use of improper, profane, or indecent language WAC 260-80-130 | Warning to $200 | $200 to $300 | $300 to $500 |
| Failure to complete temporary license application within fourteen days WAC 260-36-200 | $100 and suspension of license | $250 and suspension of license | $500 and suspension of license |
| Failure to register employees with the commission (trainers responsibility) WAC 260-28-230 | Warning to $50 | $100 | $200 |
| Failure to furnish fingerprints WAC 260-36-100 | $100 and suspension of license | $250 and suspension of license | $500 and suspension of license |
| Nonparticipation - licensing WAC 260-36-080 | License canceled | ||
| Pending felony charges or conviction - ineligible for licensing WAC 260-36-120(2) | Denial, suspension or revocation of license | ||
| Failure to divulge a felony conviction WAC 260-36-050 | $100 to $250 | ||
| False information or failure to provide accurate and complete information on application WAC 260-36-050 | Warning to $250 | ||
| Failure to provide full disclosure, refusal to respond to questions, or responding falsely to stewards or commission investigators WAC 260-24-510 | $500 fine and/or denial, suspension or revocation of license | ||
| Financial responsibility WAC 260-28-030 | Suspension of license until debt is satisfied (suspension may be stayed with a mutual payment agreement and licensee remains compliant with agreement) | ||
| Failure to appear for a ruling conference WAC 260-24-510 | Suspension (conference may be held in individual's absence) | ||
| Failure to pay fine when due (no extension granted or no request for hearing filed) WAC 260-24-510 | Suspension until fine paid | ||
| Possession or use of a stimulating device (may include batteries) WAC 260-52-040 and 260-80-100 | Immediate ejection from the grounds and permanent revocation | ||
| Offering or accepting a bribe in an attempt to influence the outcome of a race WAC 260-80-010 | Immediate ejection from the grounds and permanent revocation | ||
| Failure to wear proper safety equipment WAC 260-12-180 and 260-32-105 | $50 | $100 | $200 |
| Horses shod with improper toe grabs WAC 260-44-150 | Horse scratched and $250 fine to trainer and plater | Horse scratched and $500 fine to trainer and plater | Horse scratched and $1000 fine to trainer and plater |
| 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 have discretion to impose the penalties as provided in WAC 260-24-510 (3)(a).
(4) Circumstances which may be considered for the purpose of mitigation or aggravation of any penalty will 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 will follow the penalty guidelines as set forth in WAC 260-84-090, 260-84-100, 260-84-110, 260-84-120, and 260-84-130.
(6) The executive secretary or stewards may refer any matter to the commission and may include recommendations for disposition. The absence of a referral will not preclude commission action in any matter. An executive secretary's or stewards' ruling will not prevent the commission from imposing a more severe penalty.
[Statutory Authority: RCW 67.16.020. 12-05-042, § 260-84-060, filed 2/10/12, effective 3/12/12; 11-03-053, § 260-84-060, filed 1/14/11, effective 2/14/11. Statutory Authority: RCW 67.16.020 and 67.16.040. 09-05-066, § 260-84-060, filed 2/13/09, effective 3/16/09; 08-05-086, § 260-84-060, filed 2/15/08, effective 3/17/08. Statutory Authority: RCW 67.16.020. 07-03-066, § 260-84-060, filed 1/16/07, effective 2/16/07. 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.]
(a) First offense - Five-day suspension;
(b) Second offense - Thirty-day suspension;
(c) Third offense - One-year suspension; and
(d) Subsequent offense, (within five years) - Revocation.
(2) 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;
(b) Second offense - One-year suspension; and
(c) Third and subsequent offenses - Revocation.
(3) 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;
(c) Third offense - One-year suspension; and
(d) Subsequent offenses - Revocation.
(4) Being under the influence of or affected by intoxicating liquor and/or drugs in violation of WAC 260-34-020(1), excluding persons on horseback.
(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.
(5) Being under the influence of or affected by intoxicating liquor and/or drugs, and being on horseback in violation of WAC 260-34-020(1).
(a) First offense - Warning to three-day suspension;
(b) Second offense - Three to thirty-day suspension;
(c) Third offense - Thirty-day to one-year suspension; and
(d) Subsequent offenses - Revocation.
(6) Refusing to submit to a drug or alcohol test, in violation of WAC 260-34-020(6) will result in immediate ejection from the grounds and a penalty of a one-year suspension or revocation.
(7) 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) or (5), immediate ejection from the grounds and revocation.
(8))) (1) Be under the influence of or affected by intoxicating liquor and/or drugs, or have within their body any illegal controlled substance in violation of WAC 260-34-020 (1) and (5):
(a) First offense - Warning to one-day suspension;
(b) Second offense - Three-day suspension;
(c) Third offense - Thirty-day suspension;
(d) Subsequent offenses (within five years) - One-year suspension.
(2) Be under the influence of or affected by intoxicating liquor and/or drugs, or having within their body any illegal controlled substance, while on horseback, in violation of WAC 260-34-020 (1) and (5):
(a) First offense - Warning to one-day suspension;
(b) Second offense - Three-day to thirty-day suspension;
(c) Third offense - Thirty-day to one-year suspension;
(d) Subsequent offenses (within five years) - Revocation.
(3) Engage in the illegal sale or distribution of alcohol in violation of WAC 260-34-020(2):
(a) First offense - Five-day suspension;
(b) Second offense - Thirty-day suspension;
(c) Third offense - One-year suspension;
(d) Subsequent offenses (within five years) - Revocation.
(4) Engaging in the illegal sale or distribution of a controlled substance, including marijuana, or possess an illegal controlled substance, including marijuana with intent to deliver in violation of WAC 260-34-020(3), revocation and immediate ejection from the grounds.
(5) Possess an illegal controlled substance, including marijuana if under the age of twenty-one, and excluding marijuana if twenty-one years or older in violation of WAC 260-34-020(4):
(a) First offense - Thirty-day suspension;
(b) Second offense - One-year suspension; and
(c) Third offense - Revocation.
(6) Possession of marijuana over the age of twenty-one, WAC 260-34-020(5):
(a) First offense - Warning to one-day suspension;
(b) Second offense - Three-day to thirty-day suspension;
(c) Third offense - Thirty-day to one-year suspension;
(d) Subsequent offenses (within five years) - Revocation.
(7) Possession of any equipment, products or materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing an illegal controlled substance, or 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 in violation of WAC 260-34-020(6):
(a) First offense - Three-day suspension;
(b) Second offense - Three-day to thirty-day suspension;
(c) Third offense - One-year suspension;
(d) Subsequent offenses (within five years) - Revocation.
(8) Refusal to submit to blood, breath, oral fluids, and/or urine testing, in violation of WAC 260-34-020(7), immediate ejection for the grounds and a one-year suspension to revocation.
(9)(a) For violations of WAC 260-34-020 (1) ((and)), (4),
or (5), 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 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.
(iii) Have no violations of chapter 260-34 WAC.
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 finds that the licensee or applicant failed to comply with the conditions required in (a)(iii) of this subsection, the board of stewards may impose the original suspension. 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.
(((9))) (10) 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.
(((10))) (11) 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.
(((11))) (12) Any licensee or applicant who has an
alcohol concentration of 0.02 percent or higher while on
horseback is prohibited from being on horseback until his/her
alcohol concentration is below 0.02 percent.
[Statutory Authority: RCW 67.16.020. 11-03-053, § 260-84-065, filed 1/14/11, effective 2/14/11. Statutory Authority: RCW 67.16.020 and 67.16.040. 09-05-066, § 260-84-065, filed 2/13/09, effective 3/16/09. Statutory Authority: RCW 67.16.020. 07-03-066, § 260-84-065, filed 1/16/07, effective 2/16/07. Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-058, § 260-84-065, filed 3/10/06, effective 4/10/06.]