WSR 17-04-064
[Filed January 30, 2017, 8:54 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-17-026.
Title of Rule and Other Identifying Information: WAC 260-84-125 Multiple medication violations.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on March 10, 2017, at 9:30 a.m.
Date of Intended Adoption: March 10, 2017.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, email, fax (360) 459-6461, by March 7, 2017.
Assistance for Persons with Disabilities: Contact Patty Brown, 6326 Martin Way, Suite 209, Olympia, WA 98516, or call TTY 711, by March 7, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To add a section to address trainers that have multiple medication violations in a specified period, which would institute an additional suspension based on the severity and number of violations.
Reasons Supporting Proposal: This would ensure that trainers adjust their treatment schedules when positive tests are reported and those that do not would face additional penalties.
Statutory Authority for Adoption: RCW 67.16.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [Horse racing commission], governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Douglas L. Moore, 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 30, 2017
Douglas L. Moore
Executive Secretary
WAC 260-84-125 Multiple medication violations.
(1) A trainer who receives a penalty for a medication violation based upon a horse testing positive for a class 1-5 medication, as provided in WAC 260-70-685 shall be assigned points based upon the substances penalty class designation for the substance.
Points if Threshold is Established by WHRC
Points if No Threshold is Established by WHRC
Class A
Class B
Class C
1/2, with incremental increases of 1/2 point for each additional violation within 365 days
1, with incremental increases of 1/2 point for each additional violation within 365 days
Class D
If the stewards or commission determine that the violation is due to environmental contamination, they may assign fewer or no points against a trainer based on specific facts of the case.
(a) The points assigned to a medication violation shall be included in the steward's or commission ruling. The ruling will contain the penalty imposed for the original violation as defined in chapters 260-70 and 260-84 WAC.
(b) If an appeal is filed after the original ruling is issued, a second ruling will be issued citing the appeal and stating that no points shall be applied until the licensee has exhausted their rights of appeal.
(c) If the trainer's point total exceeds the limit for a secondary suspension, a conference will be held to assess the suspension. Once all appeals period have expired or all appeals are exhausted or waived, the second conference will be held at which time the points, based on the WHRC guidelines shall immediately become part of the trainer's record and shall then subject the trainer to the enhanced penalties imposed by the stewards or commission.
(d) A trainer's cumulative points, based on the commission guidelines, for violations in all jurisdictions shall be used in determining the enhanced penalty for medication violations and whether enhanced penalties shall be imposed. Points will be reported to Association of Racing Commissioners International and become part of the trainer's official record.
(e) Multiple positive tests for the same medication incurred by a trainer prior to delivery of official notice of the violations by the commission may be treated as a single violation.
(f) The official ARCI record of the trainer's past violations shall be prima facie evidence of a trainer's past violations.
(2) In addition to the penalty imposed for the original violation, the following enhanced penalty shall be imposed upon a trainer based on the cumulative points as determined by the stewards or commission.
Suspension in Days
5 to 5.5
15 to 30 days
6 to 8.5
30 to 60 days
9 to 10.5
90 to 180 days
11 or more
180 to 360 days
(a) Enhanced penalties for multiple medication violations are not a substitute for the original penalty and are intended to be an additional penalty when the licensee:
(i) Has more than one violation for the relevant time period; and
(ii) Exceeds the permissible number of points.
(b) The suspension periods as provided above shall run consecutive to any suspension imposed for the original offense. The stewards or commission ruling shall distinguish the penalty for the original offense and enhanced penalty based on the trainer's cumulative points.
(c) Points shall expire as follows:
Penalty Classification
Expunged Time
Class A
3 years
Class B
2 years
Class C
1 year
In the case of a medication violation that results in a suspension, any points assessed expire on the anniversary date when the suspension is completed.