Preproposal statement of inquiry was filed as WSR 04-22-011.
Title of Rule and Other Identifying Information: WAC 260-36-180 Consent to search.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 10, 2005, at 9:30 a.m.
Date of Intended Adoption: February 10, 2005.
Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail firstname.lastname@example.org, fax (360) 459-6461, by February 7, 2005.
Assistance for Persons with Disabilities: Contact Patty Sorby by February 7, 2005, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend the rule on consent to search to clarify the procedures when and how searches will be conducted and who is authorized to conduct a search.
Reasons Supporting Proposal: Eliminates an unnecessary and cumbersome authorization for search process.
Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.
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: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. 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.
January 4, 2005
R. M. Leichner
AMENDATORY SECTION(Amending Order 81-03, filed 4/22/81)
WAC 260-36-180 Consent to search. In 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, consents
to search of his/her person and the areas indicated herein by
the commission or its employees and to the seizure of 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 their 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.]