Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-34 - Drug and alcohol testing of licensees › Section 260-34-020 - Drug and alcohol violations

Current through Register Vol. 24-14, July 15, 2024
No licensee or applicant, while acting in an official capacity
				or participating directly in horse racing, will commit any of the following
				violations:
(1) Be under the influence
			 of or affected by intoxicating liquor and/or drugs, have an alcohol
			 concentration of 0.08 percent or higher, or have within their body any illegal
			 controlled substance while on the grounds of any licensed race meet;
The alcohol concentration for persons on horseback may not be
				0.02 percent or higher.
(2)
			 Engage in the illegal sale or distribution of alcohol;
(3) Engage in the illegal sale or
			 distribution of a controlled substance or possess an illegal controlled
			 substance with intent to deliver;
(4) Possess an illegal controlled
			 substance;
(5) Possess on the
			 grounds of any licensed race meet 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; or
(6) Refuse to submit to blood, breath, oral
			 fluids, and/or urine testing, when notified that such testing is conducted
			 pursuant to the conditions of WAC
			 260-34-030.
Failure to provide a blood, breath, oral fluids, and/or urine
				sample when directed or intentional contamination of the sample by any person
				tested for the purpose of preventing accurate analysis of the sample, or other
				actions with intent to subvert the test, will be considered a refusal to submit
				to a test.
"Controlled substance" or "drug" as used in this chapter means
				any substance listed in
				chapter
				69.50 RCW or legend drug
				as defined in
				chapter
				69.41 RCW. The presence of
				a controlled substance or drug in any quantity measured by the testing
				instrument establishes the presence of that substance for the purpose of this
				section. The fact that a licensee or applicant is or has been entitled to use a
				drug under the laws of the state of Washington will not constitute a defense
				against a violation for being under the influence of or affected by
				intoxicating liquor and/or any drug.
Statutory Authority:
				  RCW
				  67.16.020. 11-07-030, §
										260-34-020, filed 3/10/11,
				  effective 4/10/11. Statutory Authority:
				  RCW
				   67.16.020 and
				  67.16.040. 09-03-009, §
										260-34-020, filed 1/8/09,
				  effective 2/8/09; 07-07-008, §
										260-34-020, filed 3/8/07,
				  effective 4/8/07; 06-07-064, §
										260-34-020, filed 3/10/06,
				  effective 4/10/06; 05-07-066, §
										260-34-020, filed 3/11/05,
				  effective 4/11/05; 89-13-006 (Order 89-02), §
										260-34-020, filed 6/9/89;
				  88-09-033 (Order 88-02), §
										260-34-020, filed
				  4/15/88.