Policy/Interpretive Statement 2007-05
Denial of Application/Revocation of License and Licenses with Conditions

Denial of Application/Revocation of License and Licenses with Conditions
The Washington Horse Racing Commission (WHRC) views the suitability of licensees to participate in horse racing activities as vital to protect the integrity of horse racing in the state of Washington.

RCW 67.16.020 requires the WHRC to license all race meets and persons associated with horse racing activities. Further, RCW 67.16.045 allows the WHRC access to criminal history record information (CHRI) that includes non-conviction data for any purpose associated with the investigation of suitability for involvement in horse racing activities.

Since 2004 the commission has amended WAC 260-36-120, specifically subsection (2), to include specific criteria when the commission or its designee (e.g., Board of Stewards) must deny the application for license or suspend or revoke an existing license. Part of those criteria includes convictions for felony crimes. (See attached matrix of felony crimes)
The purpose of this policy/interpretive statement is to assist the Board of Stewards in properly applying the provisions of WAC 260-36-120(2).

Whenever the Board of Stewards discovers an applicant or licensee meets any of the criteria listed in WAC 260-36-120(2), the Board of Stewards is required to deny an application for license or suspend or revoke an existing license, and may not modify or place conditions upon a license or issue a temporary license. Whenever the Board of Stewards discovers an applicant or licensee meets any of the criteria listed in WAC 260-36-120(1), the Board of Stewards may deny an application for license, suspend, revoke, or modify or place conditions upon a license. The Board of Stewards will use the stewards’ ruling conference to deny an application for a license, suspend, revoke, modify, or place conditions upon an existing license.

Anytime prior to the stewards’ ruling conference, the applicant may voluntarily withdraw their application for license, or a licensee may voluntarily surrender their license. If a person chooses to withdraw his/her application for license, or surrender his/her license the applicant or licensee must do so in writing to the Board of Stewards. The decision to accept or reject a voluntary request to withdraw an application or surrender a license will be made by the Board of Stewards. The withdrawal of application request or surrendering of an existing license cannot be accepted unless the request is signed by the applicant/licensee. If the application/license is properly withdrawn/surrendered, the matter will be considered closed.

License with Conditions

If an applicant/licensee wishes to challenge the decision of the Board of Stewards to deny an application for a license or suspend or revoke an existing license, the applicant/licensee must comply with the requirements of WAC 260-08-675 and WAC 260-24-510(3)(n).

At a hearing before the commission, the commission may reverse the denial or revocation as provided in WAC 260-36-120(3). If the commission does reverse the decision of the stewards, the commission may issue a license with conditions.

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

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

In issuing a license with conditions the commission will also specify “conditions” with which the licensee must comply. If the licensee violates any of the terms of the conditions, the stewards must immediately suspend the license and refer the matter to the commission.

Each calendar year a licensee who has been issued a license with conditions must apply for a license as required in WAC 260-36-080. If at the time of application or during the period of license (if a license is issued) it is discovered that a licensee committed an act that meets any of the provisions of WAC 260-36-120(2), and the act occurred after the issuance of the license with conditions, the Board of Stewards must immediately deny the application or suspend the existing license and refer the licensee to the commission. The commission considers such action by the licensee as substantial danger to human and/or equine safety and welfare, and as such, the licensee may not continue to hold a license or participate in horse racing in any capacity whatsoever until the matter is heard before the commission. No stay will be granted except at a hearing before the commission.

Adopted by the Washington Horse Racing Commission
April 10, 2008

Adopted by the commission on October 11, 2007
Original policy was effective February 10, 2005

WAC 260-36-120(2) Denial, suspension and revocation – Grounds.

* The ten years for “other” felony crimes and the three years for possession or use of any controlled substance or legend drug is from date of conviction or the date of release from a correctional institution (prison, jail or similar institution in this state or elsewhere), whichever is later.

Washington Administrative Code (WAC)—Regulations of executive branch agencies are issued by authority of statutes. Like legislation and the Constitution, regulations are a source of primary law in Washington State. The WAC codifies the regulations and arranges them by subject or agency. The online version of the WAC is updated twice a month.