WSR 04-05-093

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed February 18, 2004, 8:17 a.m. ]

Date of Adoption: February 12, 2004.

Purpose: To amend two sections in chapter 260-60 WAC to (1) eliminate confusion over signing requirements for joint owners and (2) to change language to clarify ambiguity.

Citation of Existing Rules Affected by this Order: Amending WAC 260-60-350 Requirements of a claim and 260-60-360 Stewards to act on claim.

Statutory Authority for Adoption: RCW 67.16.020.

Adopted under notice filed as WSR 04-02-035 on December 31, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

February 13, 2004

R. M. Leichner

Executive Secretary

OTS-6794.1


AMENDATORY SECTION(Amending WSR 96-12-008, filed 5/23/96, effective 6/23/96)

WAC 260-60-350   Requirements for a claim.   (1) Claims must be made in writing and signed by an owner, a licensed prospective owner, or an authorized agent; and

(2) Shall be made on forms and in envelopes furnished by the association and approved by the commission. Both forms and envelopes must be filled out completely, and must be sufficiently accurate to identify the claim.

(3) In the case of joint ownership only one owner needs to sign.

(4) No money shall accompany the claim. Each person desiring to make a claim, must first establish an account with the racing association and have on deposit with the association the whole amount of the claim (including any applicable taxes). The deposit shall be in cash, or in the discretion of the association, a certified or bank cashier check.

(((4))) (5) Claims shall be deposited in the claiming box at least fifteen minutes before the established post time of the race for which the claim is filed. When a claim has been filed it is irrevocable and at the risk of claimant.

(((5))) (6) When a claiming certificate is to be used, that certificate must accompany the claim, or the claim may be declared void.

[Statutory Authority: RCW 67.16.040. 96-12-008, 260-60-350, filed 5/23/96, effective 6/23/96.]


AMENDATORY SECTION(Amending WSR 96-12-008, filed 5/23/96, effective 6/23/96)

WAC 260-60-360   Stewards to act on claims.   After deposit of the claim the stewards or their authorized representative, shall review the claim. Unless approved at such time, the claim shall be ((declared)) deemed void. A ruling ((declaring)) deeming a claim to be void shall be final in all respects.

[Statutory Authority: RCW 67.16.040. 96-12-008, 260-60-360, filed 5/23/96, effective 6/23/96.]

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