Preproposal statement of inquiry was filed as WSR 05-07-093.
Title of Rule and Other Identifying Information: Chapter 260-36 WAC, Occupational permits and licenses.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 9, 2006, at 9:30 a.m.
Date of Intended Adoption: February 9, 2006.
Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail email@example.com, fax (360) 459-6461, by February 6, 2006.
Assistance for Persons with Disabilities: Contact Patty Sorby by February 6, 2006, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update chapter 260-36 WAC as part of the agency's regulatory reform effort. Key changes to existing rules include (1) who is required a license (WAC 260-36-010); (2) which licensees are subject to certain restrictions (WAC 260-36-030); (3) making it a violation of the rules to provide false information on an application (WAC 260-36-050); (4) certain types of initial licenses require stewards approval (WAC 260-36-060); (5) duration of a license (WAC 260-36-080); (6) increasing the license fees for certain types of licenses (WAC 260-36-085); (7) requiring licensees to present and display their licenses (WAC 260-36-110); (8) amending conditions under which an application or license may be denied, suspended or revoked (WAC 260-36-120); (9) combining the provisions of several rules (WAC 260-36-150); and (10) clarifying the application process for owner's license (WAC 260-36-200). In addition, the agency is adding four new sections and repealing seven existing rules.
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: 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 3, 2006
R. M. Leichner
OCCUPATIONAL PERMITS AND)) LICENSES
[Rules of racing, § 348, filed 4/21/61.]
(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.
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,
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.]
[Rules of racing, § 351, filed 4/21/61.]
(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.]
(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.
(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,
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.]
|Association employee -- management||$21.00|
|Association employee -- hourly/seasonal||$11.00|
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
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.]
[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.]
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.]
(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
(h) Has been or is currently excluded from association grounds by a recognized racing jurisdiction;
(i) Has had a license denied((
,)) by any racing
(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; ((
(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.
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
(4) A license suspension or revocation shall be reported
in writing to the applicant or licensee and the Association of
Racing Commissioners International, Inc. ((
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.]
[Rules of racing, § 354, filed 4/21/61.]
[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.]
(a) The trainer must provide a statement signed by the owner that the trainer is authorized to execute the application on the owner's behalf and that the trainer is familiar with the truth of the contents of the application.
(b) Payment of 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.]
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.|