WSR 04-07-076

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed March 15, 2004, 9:40 a.m. ]

Date of Adoption: March 12, 2004.

Purpose: To amend WAC 260-40-160 to clarify when the spouse of a disqualified person may own or manage a horse.

Citation of Existing Rules Affected by this Order: Amending WAC 260-40-160 Horses owned or managed by a disqualified person.

Statutory Authority for Adoption: RCW 67.16.020.

Adopted under notice filed as WSR 04-04-047 on January 29, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

March 12, 2004

R. M. Leichner

Executive Secretary

OTS-6907.1


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-160   Horse owned or managed by disqualified person.   (1) A horse shall not be qualified to be entered or to start in any race, if owned in whole or in part, or if under the management, directly or indirectly, of a disqualified person.

(2) If any entry from any disqualified person or a disqualified horse is received, such entry shall be void and any money paid for such entry shall be returned if the disqualification is disclosed forty-five minutes before post time for the race. Otherwise, any such money shall be paid to the winner.

(3) ((No entry shall be accepted from husband or wife, while either is disqualified.)) A horse is ineligible to start in a race when it is wholly or partially owned by the spouse of a disqualified person or a horse is under the direct or indirect management of the spouse of a disqualified person, in such cases, it being presumed that the disqualified person and spouse constitute a single financial entity with respect to the horse, which presumption may be rebutted.

[Rules of racing, 110, 111, 112, filed 4/21/61.]

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