WSR 09-03-009

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed January 8, 2009, 1:26 p.m. , effective February 8, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend WAC 260-34-020 to lower to allowable alcohol concentration for persons on horseback from 0.08 to 0.02%.

Citation of Existing Rules Affected by this Order: Amending WAC 260-34-020.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 08-23-049 on November 14, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 8, 2009.

R. J. Lopez

Executive Secretary

OTS-1989.2


AMENDATORY SECTION(Amending WSR 07-07-008, filed 3/8/07, effective 4/8/07)

WAC 260-34-020   Drug and alcohol violations.   No licensee or applicant, while acting in an official capacity or participating directly in horse racing, ((shall)) will commit any of the following violations:

(1) Be under the influence of or affected by intoxicating liquor and/or drugs, have an alcohol concentration of 0.08 percent or higher, or have within their body any illegal controlled substance while on the grounds of any licensed race meet;

The alcohol concentration for persons on horseback may not be 0.02 percent or higher.

(2) Engage in the illegal sale or distribution of alcohol;

(3) Engage in the illegal sale or distribution of a controlled substance or possess an illegal controlled substance with intent to deliver;

(4) Possess an illegal controlled substance;

(5) Possess on the grounds of any licensed race meet 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; or

(6) Refuse to submit to blood, breath and/or urine testing, when notified that such testing is conducted pursuant to the conditions of WAC 260-34-030.

Failure to provide a blood, breath and/or urine sample when directed or intentional contamination of the sample by any person tested for the purpose of preventing accurate analysis of the sample, or other actions with intent to subvert the test, ((shall)) will be considered a refusal to submit to a test.

"Controlled substance" or "drug" as used in this chapter means any substance listed in chapter 69.50 RCW or legend drug as defined in chapter 69.41 RCW. The presence of a controlled substance or drug in any quantity measured by the testing instrument establishes the presence of that substance for the purpose of this section. The fact that a licensee or applicant is or has been entitled to use a drug under the laws of the state of Washington ((shall)) will not constitute a defense against a violation for being under the influence of or affected by intoxicating liquor and/or any drug.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-008, 260-34-020, filed 3/8/07, effective 4/8/07; 06-07-064, 260-34-020, filed 3/10/06, effective 4/10/06; 05-07-066, 260-34-020, filed 3/11/05, effective 4/11/05; 89-13-006 (Order 89-02), 260-34-020, filed 6/9/89; 88-09-033 (Order 88-02), 260-34-020, filed 4/15/88.]

Washington State Code Reviser's Office