PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: Clarifies the authority of the racing secretary to accept "conditional entries," entry that may be allowed to scratch based on agreed upon conditions.
Citation of Existing Rules Affected by this Order: Amending WAC 260-40-010 Nominations and scratches.
Statutory Authority for Adoption: RCW 67.16.020.
Adopted under notice filed as WSR 10-24-004 on November 18, 2010.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: January 13, 2011.
Douglas L. Moore
Deputy Secretary
OTS-3747.1
AMENDATORY SECTION(Amending WSR 07-07-010, filed 3/8/07,
effective 4/8/07)
WAC 260-40-010
Nominations and scratches.
(1) A horse
may not be considered nominated or scratched out of an
engagement until the owner, trainer or designee provides
written notice to the racing secretary before the time set by
the association.
(2) For stake races, if a horse is not named through the entry box before the close of entries for that race, the horse is automatically out.
(3) If the validity of any nomination is alleged, the complainant must provide satisfactory proof of the error that is alleged; otherwise, the nomination will be accepted.
(4) Any owner, trainer, or designee who has entered a horse will be allowed the right to scratch the horse from the race entered prior to the published scratch time, until no fewer than eight interests remain in the race. If there are more requests to scratch than are available, permission to scratch must be decided by lot. However, in all races involving the daily double, no entry may be scratched that would reduce the starting field to less than the number designated by the racing secretary, without permission of the board of stewards. No other entries will be excused as provided above except upon receipt of a veterinarian's certificate of unfitness, change of track conditions since time of entry or other causes acceptable to the board of stewards.
(5) The racing secretary is authorized to accept entries that will be allowed to scratch based upon predetermined conditions established by the racing secretary at entry time.
(6) All horses must be scratched by the designated scratch time set by the association, and consistent with subsection (1) of this section.
(((6))) (7) If the racing secretary does not designate a
scratch time, no horse will be allowed to scratch without
permission of the board of stewards.
(((7))) (8) The scratch of a horse out of an engagement
is irrevocable.
[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-010, § 260-40-010, filed 3/8/07, effective 4/8/07; Rules of racing, §§ 82 through 87, filed 4/21/61.]