Policy/Interpretive Statement 2005-01 Denial of License Application - Temporary and Conditional Licenses

On February 10, 2005 the commission amended WAC 260-36-120 to establish specific criteria when the commission or its designee shall deny the application for license or suspend or revoke the existing license.

Interpretive Statement
Part of that criteria includes convictions of any (1) felony crimes against persons or felony drug crimes other than for possession or use of any drug or controlled substance, (2) felony property crimes in the past ten years, and (3) felony drug crimes for possession or use of controlled substances or legend drugs in the past three years.
For the purposes of this section, the term “crimes against persons” means any offense enumerated in chapters 9A.32, 9A.36, 9A.40, 9A.42 and 9A.44 RCW. The term “crimes against persons” shall mean a conviction for any offense, which if committed in Washington State would constitute one of the above crimes. “Property crimes” means any offense enumerated in chapters 9A.48, 9A.52, 9A.56 and 9A.60 RCW. The term “property crimes” shall mean a conviction for any offense, which if committed in Washington State would constitute one of the above crimes. “Drug crimes” means any offense enumerated in chapters 69.41 and 69.50 RCW. The term “drug crimes” shall mean a conviction for any offense, which if committed in Washington State would constitute one of the above crimes.
Temporary License
In the event the board of stewards cannot approve the application for license, due to the requirements of WAC 260-36-120, the board of stewards shall refer the matter directly to the commission if the applicant meets all of the following criteria:

1. The applicant must have been licensed by the WHRC in a prior racing season;
2. The applicant’s WHRC license was in good standing at the end of the racing season in which they last were licensed;
3. The applicant is not currently suspended or revoked in another recognized racing jurisdiction;
4. The applicant does not have any outstanding arrest warrants;
5. The applicant is not currently subject to prosecution or pending charges for any felony crimes (not including deferred prosecution);
6. The applicant does not have a felony conviction under appeal;
7. The applicant is not certified as non-compliant under RCW 74.20A.320;
8. The applicant’s license application was referred to the commission solely based on one or more of the following criteria:
a. The applicant has been convicted of any felony crimes against a person;
b. The applicant has been convicted of any felony drug crime other than for the possession or use of a controlled substance or legend drug;
c. The applicant has been convicted of any felony property crime within the past ten years;
d. The applicant has been convicted of any felony drug crime involving the possession or use of a controlled substance or legend drug within the past three years;
e. The applicant has five or more convictions for gross misdemeanors within the last three years; and
9. The applicant provides a set of fingerprints.

If the applicant meets the above criteria he/she shall be issued a temporary license until the commission renders its decision.

The stewards shall ensure that the applicant understands all of the criteria listed above. If any individual meets the above criteria, he/she shall be granted a temporary license. This temporary license is only in effect until the commission makes a decision whether the license will be granted or denied. The temporary license becomes void after the commission renders its decision.

Anytime prior to the hearing before the commission, the applicant may voluntarily withdraw their application for license. If an applicant chooses to withdraw their application for license, the applicant shall do so in writing to the executive secretary and attach their temporary license. The withdrawal of application request will not be accepted unless the request is signed by the applicant and includes their temporary license. If the application is properly withdrawn, the matter is considered closed.

By requesting and receiving a temporary license the applicant agrees to the conditions outlined in this policy statement.

Conditional License

If the commission grants a conditional license the following conditions shall apply:

1. The conditional licensee shall maintain law-abiding behavior by not being convicted for any gross misdemeanor or felony crimes; and
2. The conditional licensee shall maintain their conditional license ‘in good standing.’ Fines less than $100, suspensions of jockeys for routine riding violations, and fines/suspensions imposed on trainers for violations of therapeutic/permitted medications shall not be used in determining whether a licensee is “in good standing”.
3. The conditional license shall remain in effect until the ‘conditions’ under WAC 260-36-120 are no longer applicable or the license is canceled or revoked by the commission.

If the licensee violates any of the terms of the conditional license, the stewards shall immediately refer the matter to the commission.

Applicants or licensees currently suspended or revoked in Washington or by another racing jurisdiction shall not be issued a conditional licensee. Applicants or licensees 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 shall not be issued a conditional license. Applicants who have any outstanding arrest warrants shall not be issued a conditional license.

A conditional license shall remain in place until revoked by the commission or until the period of time making the applicant or licensee ineligible to obtain a license has lapsed.

Adopted by the Washington Horse Racing Commission
February 10, 2005