Section 260-84-065 - Licensees-Drug and alcohol penalties(1) Be under the influence of or affected by intoxicating liquor, marijuana, and/or prescription drugs, in violation of WAC 260-34-020(1) and (5): (a)First offense - Warning to one-day suspension;(b)Second offense - Three-day suspension;(c)Third offense - Thirty-day suspension;(d) Subsequent offenses (within five years) - One-year suspension.(2) Be under the influence of or affected by intoxicating liquor, marijuana, and/or prescription drugs, while on horseback, in violation of WAC 260-34-020(1) and (5): (a)First offense - Warning to one-day suspension;(b)Second offense - Three-day to thirty-day suspension;(c)Third offense - Thirty-day to one-year suspension;(d)Subsequent offenses (within five years) - Revocation.(3) Be under the influence of or affected by, or have within their body any illegal controlled substance or unpre-scribed medication in violation of WAC 260-34-020(1): (a)First offense - Thirty-day suspension;(b) Second offense - One hundred eighty-day suspension;(c)Third offense - Three hundred sixty-five day suspension;(d)Subsequent offenses - Revocation.(4)Engage in the illegal sale or distribution of alcohol in violation of WAC 260-34-020(2): (a)First offense - Five-day suspension;(b)Second offense - Thirty-day suspension;(c)Third offense - One-year suspension;(d)Subsequent offenses (within five years) - Revocation.(5)Engaging in the illegal sale or distribution of a controlled substance, including marijuana, or possess an illegal controlled substance, including marijuana with intent to deliver in violation of WAC 260-34-020(3), revocation and immediate ejection from the grounds.(6) Possess an illegal controlled substance, including marijuana if under the age of twenty-one, and excluding marijuana if twenty-one years or older in violation of WAC 260-34-020(4): (a)First offense - Thirty-day suspension;(b)Second offense - One-year suspension; and(c)Third offense - Revocation.(7)Possession of marijuana over the age of twenty-one, WAC 260-34-020(5): (a)First offense - Warning to three-day suspension;(b)Second offense - Three-day to thirty-day suspension;(c)Third offense - Thirty-day to one-year suspension;(d)Subsequent offenses (within five years) - Revocation.(8)Possession of any equipment, products or materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing an illegal controlled substance, or 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 in violation of WAC 260-34-020(6): (a)First offense - Three-day suspension;(b)Second offense - Three-day to thirty-day suspension;(c)Third offense - One-year suspension;(d)Subsequent offenses (within five years) - Revocation.(9)Refusal to submit to blood, breath, oral fluids, and/or urine testing, in violation of WAC 260-34-020(7), immediate ejection from the grounds and a one-year suspension. Subsequent offenses - Revocation.
(10)(a) For violations of WAC 260-34-020(1), (4), or (5), the board of stewards may stay a suspension if the licensee or applicant shows proof of an evaluation conducted by a certified substance abuse counselor approved by the stewards, and fulfilling any recommendations indicated in the evaluation. 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 as reported by a certified substance abuse counselor.(ii) Submit to random drug or alcohol testing at the discretion of the board of stewards or commission 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 finds that the licensee or applicant failed to comply with the conditions required in (a)(iii) of this subsection, the board of stewards may impose the original suspension. 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.(11) 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.(12)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.(13)Any licensee or applicant who has an alcohol concentration of 0.02 percent or higher while on horseback is prohibited from being on horseback until his/her alcohol concentration is below 0.02 percent.(14) Any licensee or applicant who tests positive (presumptive or confirmatory) for the presence of marijuana is prohibited from performing any duties for which a license is required until the licensee provides a negative test for the presence of marijuana.Wash. Admin. Code § 260-84-065
Amended by WSR 14-05-050, filed 2/14/14, effective 3/17/2014Amended by WSR 15-07-058, Filed 3/16/2015, effective 4/16/2015Statutory Authority: RCW 67.16.020. 11-03-053, § 260-84-065, filed 1/14/11, effective 2/14/11. Statutory Authority: RCW 67.16.020 and 67.16.040. 09-05-066, § 260-84-065, filed 2/13/09, effective 3/16/09. 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.