HORSE RACING COMMISSION
[Filed January 13, 2020, 10:12 a.m., effective February 13, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To add grooms and assistant trainers to licensees subject to random testing in an effort to protect horses from the possibility of unintended contamination for [from] illegal substances.
Citation of Rules Affected by this Order: Amending WAC 260-34-030.
Statutory Authority for Adoption: RCW 67.16.020
Adopted under notice filed as WSR 19-22-085 on November 6, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 10, 2020.
Douglas L. Moore
AMENDATORY SECTION(Amending WSR 11-07-030, filed 3/10/11, effective 4/10/11)
(1) A steward of the horse racing commission, a commission security investigator or the executive secretary, may require any licensee or applicant to provide breath, blood, oral fluids, and/or urine samples for the purpose of drug or alcohol analysis under any of the following circumstances:
(a) When a steward or commission security investigator finds that there is reasonable suspicion to believe that the applicant or licensee has used or is under the influence of alcohol and/or any drug.
(b) When an applicant or licensee has a documented history of an unexplained positive test which indicates illegal drug usage or has a documented history of violating chapter 69.41
, 69.45 or 69.50
RCW, WAC 260-34-020 or similar drug-related violation within five years of conviction or release from a correctional institution for that violation. The term "correctional institution" shall include any prison, jail or similar institution in this state or elsewhere.
(c) When a steward or commission security investigator decides to test any licensee or applicant as a condition of any conditional or probationary license.
(d) When any person is riding a horse on the grounds of a licensed racing association.
(e) When a person currently holds a groom or assistant trainer's license and is observed performing the duties of that license while on the grounds of a licensed racing association.
(2) For licensees or applicants who are subject to a field screening urine, or oral fluid test under the provisions in this chapter, and whose test shows the presence of a controlled substance or alcohol, the field screening test results shall be confirmed by a laboratory acceptable to the commission.
(3) The result of a test conducted with a preliminary breath test (PBT) instrument, or oral swab, shall constitute evidence of a violation of these rules. The results of such a test may be considered for purposes of determining whether the licensee or applicant has consumed alcohol, the level of alcohol concentration, and whether the licensee or applicant has violated a prohibition on the use or consumption of alcohol established in a conditional license.