WSR 17-23-150
[Filed November 21, 2017, 10:14 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-19-028.
Title of Rule and Other Identifying Information: New WAC 260-28-035 Partnership disputes.
Hearing Location(s): On January 12, 2018, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.
Date of Intended Adoption: January 12, 2018.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email, fax 360-459-6461, by January 5, 2018.
Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, TTY 360-459-6462, email, by January 9, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds a new section to address the stewards authority and responsibilities in addressing partnership disputes when an agreement is not recorded.
Reasons Supporting Proposal: New language gives guidance to the stewards and to the licensees as to the authority of the commission to mediate and address partnership disputes. If an agreement is not on file, or a notarized copy provided, the stewards may mediate to resolve the conflict. If no agreement is reached, the horses involved will be placed on the stewards list until the parties resolve the issue in another manner.
Statutory Authority for Adoption: RCW 67.16.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington horse racing commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, 360-459-6462.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related.
November 21, 2017
Douglas L. Moore
Executive Secretary
WAC 260-28-035 Partnership disputes.
Partnerships which result in a dispute over financial obligations, ownership, or other issues may be addressed by the board of stewards under the following conditions:
(1) An agreement, signed and notarized by each partner, is on file with the commission indicating ownership percentage, purse distribution, and any financial obligations prior to the dispute.
(2) A copy of a notarized agreement, signed by each partner, is presented to the commission with the requirements in subsection (1) of this section and is dated prior to the dispute.
(3) The board of stewards may mediate any dispute if all parties are in agreement with the attempt to mediate. Failure to settle the dispute at an initial mediation will result in all horses involved being placed on the stewards list until such time as the matter is settled.