WAC 260-84-065
Licensees -- Drug and alcohol penalties. (1) Engaging in the illegal sale or distribution of alcohol in
violation of WAC 260-34-020(2).
(a) First offense - thirty-day suspension; and
(b) Second or subsequent offense - one-year suspension
and referral to the commission for revocation.
(2) Possessing 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, other than marijuana in
violation of WAC 260-34-020(5); or possessing or having within
their body while on the grounds of a licensed race meet any
illegal controlled substance, in violation of WAC 260-34-020
(1) or (4).
(a) First offense - thirty-day suspension; and
(b) Second offense - one-year suspension and referral to
the commission for revocation.
(3) Possessing any equipment, products or materials of
any kind, which are used or intended for use in ingesting,
inhaling or otherwise introducing into the human body
marijuana, in violation of WAC 260-34-020(5); or possessing or
having within their body marijuana, an illegal controlled
substance, while on the grounds of any licensed race meet, in
violation of WAC 260-34-020(1).
(a) First offense - three-day suspension;
(b) Second offense - thirty-day suspension; and
(c) Third or subsequent offenses - one-year suspension
and referral to commission for revocation.
(4) Being under the influence of or affected by
intoxicating liquor and/or drugs in violation of WAC 260-34-020(1).
(a) First offense - warning to one-day suspension;
(b) Second offense - three-day suspension;
(c) Third offense - thirty-day suspension; and
(d) Subsequent offenses - one-year suspension and
referral to commission for revocation.
(5) Refusing to submit to a drug or alcohol test, in
violation of WAC 260-34-020(6) will result in a penalty of a
one-year suspension plus referral to the commission for
revocation.
(6) Possessing any equipment or material used to
manufacture or distribute any controlled substance, or
engaging in the sale, manufacturing or distribution of any
illegal controlled substance or possessing an illegal
controlled substance with intent to deliver on the grounds of
any licensed race meet in violation of WAC 260-34-020 (3) or
(5), immediate ejection from the grounds, a one-year
suspension plus referral to the commission for revocation.
(7)(a) For violations of WAC 260-34-020 (1) and (4), the
board of stewards may stay a suspension if the licensee or
applicant shows proof of participation in a drug
rehabilitation or alcohol treatment program approved or
certified by the department of social and health services.
Individuals will only be allowed a stay of a suspension under
this subsection once in a five-year period. If during the
period of the stay a licensee or applicant violates the
provisions of chapter 260-34 WAC, the violation for which the
stay of suspension was entered will be considered as a prior
violation for penalty purposes. Before being granted a stay
of the suspension, the licensee or applicant must also agree
to comply with the following conditions during the duration of
the treatment program:
(i) Remain in compliance with the rehabilitation and/or
treatment program.
(ii) Submit to random drug or alcohol testing at the
discretion of the board of stewards or commission security
investigators.
(iii) Have no violations of chapter 260-34 WAC.
Upon completion of the rehabilitation or treatment
program, the licensee or applicant must provide documentation
of completion to the board of stewards. Upon making a
determination that the licensee or applicant successfully
completed the rehabilitation or treatment program, the board
of stewards may direct that the final disposition of the
violation will be that the licensee or applicant completed a
treatment program in lieu of suspension.
(b) If the board of stewards, after a conference, finds
that the licensee or applicant failed to comply with the
conditions required in (a)(iii) of this subsection, the board
of stewards has discretion to impose the original suspension
authorized by this rule. If the failure to comply with the
conditions of the stay is a violation of chapter 260-34 WAC,
the board of stewards may also hold a ruling conference for
that rule violation and impose such penalty as is provided for
that violation.
(8) Any licensee or applicant who tests positive
(presumptive or confirmatory) for the presence of an illegal
controlled substance is prohibited from performing any duties
for which a license is required until the licensee does not
test positive (presumptive or confirmatory) for the presence
of any illegal controlled substance.
(9) Any licensee or applicant who is affected by
intoxicating liquor or who has an alcohol concentration of
0.08 percent or higher is prohibited from performing any
duties for which a license is required until the licensee is
not affected by intoxicating liquor and his/her alcohol
concentration is below 0.08 percent.
[Statutory Authority: RCW 67.16.020. 07-03-066, §
260-84-065, filed 1/16/07, effective 2/16/07. Statutory
Authority: RCW 67.16.020 and 67.16.040. 06-07-058, §
260-84-065, filed 3/10/06, effective 4/10/06.]