PERMANENT RULES
Date of Adoption: March 13, 2003.
Purpose: To amend WAC 260-28-030 Financial responsibility, to better clarify a licensee's financial responsibilities that are directly related to Washington race track and training operations.
Citation of Existing Rules Affected by this Order: Amending WAC 260-28-030 Financial responsibility.
Statutory Authority for Adoption: RCW 67.16.040.
Adopted under notice filed as WSR 03-03-040 on January 10, 2003.
Changes Other than Editing from Proposed to Adopted Version: Extended the time limit for filing a financial responsibility complaint from one year to two years (subsections (2) and (4)(b)) and clarified a complaint as one where the amount owed is undisputed (subsection (3)).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
March 14, 2003
R. M. Leichner
Executive Secretary
(1) No licensee shall willfully fail or refuse to pay money due for services, supplies, or fees connected with his or her operations as a licensee. No licensee shall falsely deny such an amount due or the validity of a complaint on such an amount due for the purpose of hindering, delaying, or defrauding the person to whom the amount is due.
(2) A financial responsibility complaint against a licensee must be in writing, signed by the complainant, and accompanied by documentation of the services, supplies or fees alleged to have been provided, or by a judgment from a civil court that has been issued within two years of the date of the complaint.
(3) Any licensee failing to make restitution as a result of a complaint where the amount owed is undisputed or judgment may be subject to disciplinary action, including a license suspension.
(4) The stewards will consider for disciplinary action only those financial responsibility complaints that meet the following criteria:
(a) The complaint involves services, supplies or fees that are directly related to the licensee's Washington racetrack and training operations; and
(b) The debt or cause of action originated in Washington, or the civil court judgment was issued in Washington, within two years of the date the complaint is filed.
(5) In determining whether to act on a financial responsibility complaint, the stewards may consider the number of financial responsibility complaints made by the complainant against the same licensee within a two-year period immediately preceding the current complaint.
(6) No licensee shall write, issue, make or present any check in payment for any license fee, fine, nomination or entry fee or other fees, or for any service or supplies when the licensee knows or should reasonably know that the check will be refused for payment by the bank upon which it is written, or that the account upon which the check is written does not contain sufficient funds for payment of the check, or that the check is written on a closed or non-existent account. The fact that such a check is returned to the payee by the bank as refused is a grounds for a license suspension pending satisfactory redemption of the returned check.
[Rules of racing, § 27, filed 4/21/61.]