Wash. Admin. Code § 260-84-060

Current through Register Vol. 24-23, December 1, 2024

Section 260-84-060 - Penalty matrixes

(1) Unless provided for elsewhere, the imposition of reprimands, fines and suspensions will be based on the following penalty matrixes:

Class A and B Licensed Facilities
1st Offense	2nd Offense	3rd Offense or subsequent offense
Disturbing the peace or improper conduct WAC 260-36-120 or 260-80-140	Warning to $ 250 and/or suspension	Warning to $500 and/or suspension	Suspension
Person performing duties for which they are not licensed WAC 260-36-010 or 260-36-260	$100	$200	$300
Unlicensed or improperly licensed personnel WAC 260-36-150 and 260-36-260	$100	$200	$300
Violation of any claiming rule in chapter 260-60 WAC	$ 250 to $500 plus possible suspension
Failure of jockey agent to honor riding engagements (call) WAC 260-32-400	$ 100	$ 150	$200
1st Offense	2nd Offense	3rd Offense or subsequent offense
Failure of jockey to report correct weight WAC 260-32-150 and 260-44-080	$100	$200	$300
Failure of jockey to appear for films WAC 260-24-510	$ 100	$ 150	$200
Failure of jockey to fulfill riding engagement WAC 260-32-080	$100	$150	$200
Jockey easing mount without cause WAC 260-52-040	$250 and/or suspension	$500 and/or suspension	$1000 and/or suspension
Jockey failing to maintain straight course or careless riding with no disqualification (jockey at fault) WAC 260-52-040	Warning to $750 and/or suspension (riding days)
Jockey failing to maintain straight course or careless riding resulting in a disqualification (jockey at fault) WAC 260-52-040	$500 and/or suspension (riding days)	Suspension (riding days)
Rider's misuse of crop WAC 260-52-045	Warning to $2500
Entering ineligible horse or unauthorized late scratch chapter 260-40 WAC and WAC 260-80-030	Warning to $ 250	$250 For unauthorized late scratch, horse placed on stewards list for seven days.	$500 For unauthorized late scratch, horse placed on stewards list for seven days.
Arriving late to the paddock (jockey) WAC 260-52-010	Warning to $100	$100 to $200	$200 to $500
Arriving late to the paddock or receiving barn (trainer) WAC 260-28-200	Warning to $ 100	$ 100 to $ 200	$ 200 to $ 500
Failure to deliver furosemide treatment form to official veterinarian by appointed time WAC 260-70-650	Warning to $ 100	$ 100 to $ 200	$ 200 to $ 300
Failure to obtain permission for equipment changes WAC 260-44-010	$50	$100	$200
Failure to report performance records WA C 260-40-100	Warning to $ 100	$ 150	$ 200
Trainer failure to report proper identity of horses in their care WAC 260-28-295	$ 100	$ 150	$ 250
Failure to submit gelding report WAC 260-28-295	$100	$200	$300
1st Offense	2nd Offense	3rd Offense or subsequent offense
Disturbing the peace or improper conduct WAC 260-80-140 and 260-80-140	Warning to $100 and/or suspension	$250 and/or suspension	Suspension
Person performing duties for which they are not licensed WAC 260-36-010 or 260-36-260	$50	$100	$150
Unlicensed or improperly licensed personnel WAC 260-36-150 and 260-36-260	$50	$100	$200
Violation of any claiming rule in chapter 260-60 WAC	$100 to $250 plus possible suspension
1st Offense	2nd Offense	3rd Offense or subsequent offense
Failure of jockey agent to honor riding engagements (call) WAC 260-32-400	$25	$50	$100
Failure of jockey to report correct weight WAC 260-32-150 and 260-44-080	$25	$50	$100
Failure of jockey to appear for films WAC 260-24-510	$25	$50	$100
Failure of jockey to fulfill riding engagement WAC 260-32-080	$50	$100	$200
Jockey easing mount without cause WAC 260-52-040	$100	$200 and/or suspension	$400 and/or suspension
Jockey failing to maintain straight course or careless riding with no disqualification (jockey at fault) WAC 260-52-040	Warning to $500 and/or suspension (riding days)
Jockey failing to maintain straight course or careless riding resulting in a disqualification (jockey at fault) WAC 260-52-040	$100 to $500 and/or suspension (riding days)
Rider's misuse of crop WAC 260-52-045	Warning to $2500
Entering ineligible horse or unauthorized late scratch chapter 260-40 WAC and WAC 260-80-030	Warning to $50	$100 to $200	$200 to $300
Arriving late to the paddock (jockey) WAC 260-52-010	Warning to $25	$50	$100
Arriving late to the paddock (trainer) W A C 260-28-200	Warning to $25	$50	$100
Failure to deliver furosemide treatment form to official veterinarian by appointed time WAC 260-70-650	Warning to $25	$50	$100
Failure to obtain permission for equipment change WAC 260-44-010	$25	$50	$100
Failure to report performance records WA C 260-40-100	Warning to $25	$50	$100
Failure to submit gelding report WAC 260-28-295	$50	$100	$200
1st Offense	2nd Offense	3rd Offense or subsequent offense
Smoking in restricted areas WAC 260-20-030	$ 100	$ 200	$250 and/or suspension
Tampering with a fire protection, prevention or suppression system or device WAC 260-20-030	$200	$500	$1000 and/or suspension
Failure to post problem gambling signs WAC 260-12-250	Warning to $50	$100	$200
Issuing a check to the commission with not sufficient funds WA C 260-28-030	$ 100	$ 150	$200
1st Offense	2nd Offense	3rd Offense or subsequent offense
Failure to ride in a safe or prudent manner WAC 260-80-145	Wa r n i n g to $50	$50 to $100	$ 200 plus possible suspensions
Use of improper, profane, or indecent language WAC 260-80-130	Warning to $ 250	$250	$500
Use of profane language and uncooperative with association security WAC 260-20-090	Warning to $250	$250	$500
Failure to complete temporary license application within fourteen days WAC 260-36-200	$100 and suspension of license	$250 and suspension of license	$500 and suspension of license
Failure to register employees with the commission (trainers responsibility) WAC 260-36-250	Warning to $ 100	$100	$200
Failure to furnish fingerprints WAC 260-36-100	$100 and suspension of license	$250 and suspension of license	$500 and suspension of license
Nonparticipation - Licensing WAC 260-36-080	License canceled
Failure to divulge a pending felony charge or a felony conviction WAC 260-36-050 and 260-36-120	$100 to $250
False information or failure to provide accurate and complete information on application WAC 260-36-050 or 260-36-120	Warning to $250
Failure to provide full disclosure, refusal to respond to questions, or responding falsely to stewards or commission investigators WAC 260-24-510	$500 fine and/or denial, suspension or revocation of license
Financial responsibility WAC 260-28-030	Suspension of license until debt is satisfied (suspension may be stayed with a mutual payment agreement and licensee remains compliant with agreement)
Failure to appear for a ruling conference WAC 260-24-510	Suspension (conference may be held in individual's absence)
Failure to pay fine when due (no extension granted or no request for hearing filed) WAC 260-24-510	Suspension until fine paid
Possession or use of a stimulating device (may include batteries) WAC 260-52-040 and 260-80-100	Immediate ejection from the grounds and permanent revocation
Offering or accepting a bribe in an attempt to influence the outcome of a race WAC 260-80-010	Immediate ejection from the grounds and permanent revocation
Failure to wear proper safety equipment WAC 260-12-180 and 260-32-105	$50	$100	$200
Horses shod with improper toe grabs WAC 260-44-150	Horse scratched and $250 fine to trainer and plater	Horse scratched and $500 fine to trainer and plater	Horse scratched and $1000 fine to trainer and plater
Failure to possess license badge when in restricted area WAC 260-36-110	$25	$50	$100

(2) In determining whether an offense is a first, second, third or subsequent offense, the commission, or designee will include violations which occurred in Washington as well as any other recognized racing jurisdiction within the calendar year, absent mitigating circumstances. The stewards may impose more stringent penalties if aggravating circumstances exist. If a penalty is not listed under second or third/subsequent offense columns, the penalty listed in the "first offense" column will apply to each violation.

(3) Except as otherwise provided in this chapter, for any other violation not specifically listed above, the stewards have discretion to impose the penalties as provided in WAC 260-24-510(3)(a).

(4) Circumstances which may be considered for the purpose of mitigation or aggravation of any penalty will include, but are not limited to, the following:

(a) The past record of the licensee or applicant;

(b) The impact of the offense on the integrity of the pari-mutuel industry;

(c) The danger to human and/or equine safety;

(d) The number of prior violations of these rules of racing or violations of racing rules in other jurisdictions; and/or

(e) The deterrent effect of the penalty imposed.

(5) For violations covered by chapter 260-70 WAC, Medication, the stewards will follow the penalty guidelines as set forth in WAC 260-84-090, 260-84-110, 260-84-120, and 260-84-130.

(6) The executive secretary or stewards may refer any matter to the commission and may include recommendations for disposition. The absence of a referral will not preclude commission action in any matter. An executive secretary's or stewards' ruling will not prevent the commission from imposing a more severe penalty.

Wash. Admin. Code § 260-84-060

Amended by WSR 14-03-055, filed 1/13/14, effective 2/13/2014

Amended by WSR 18-09-060, Filed 4/16/2018, effective 5/17/2018

Amended by WSR 20-05-069, Filed 2/18/2020, effective 3/20/2020

Statutory Authority: RCW 67.16.020. 12-05-042, § 260-84-060, filed 2/10/12, effective 3/12/12; 11-03-053, § 260-84-060, filed 1/14/11, effective 2/14/11. Statutory Authority: RCW 67.16.020 and 67.16.040. 09-05-066, § 260-84-060, filed 2/13/09, effective 3/16/09; 08-05-086, § 260-84-060, filed 2/15/08, effective 3/17/08. Statutory Authority: RCW 67.16.020. 07-03-066, § 260-84-060, filed 1/16/07, effective 2/16/07. Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-058, § 260-84-060, filed 3/10/06, effective 4/10/06; 05-07-064, § 260-84-060, filed 3/11/05, effective 4/11/05. Rules of racing, § 381, filed 4/21/61.