PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-21-081.
Title of Rule: WAC 260-60-350 Requirements for a claim and 260-60-360 Stewards to act on claims.
Purpose: To amend WAC 260-60-350 and 260-60-360 to clarify ambiguities identified by the court in Hill v. Horse Racing Commission.
Statutory Authority for Adoption: RCW 67.16.020.
Summary: Amend WAC 260-60-350, to permit only one owner of a joint ownership to sign a claim, and to amend WAC 260-60-360 by changing the words "declared" to "deemed."
Reasons Supporting Proposal: To comply with the direction of the Thurston County Superior Court in Hill v. Horse Racing Commission, Cause Number 02-2-01624-1.
Name of Agency Personnel Responsible for Drafting: Robert Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462; Implementation and Enforcement: Robert Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462.
Name of Proponent: Washington Horse Racing Commission, governmental.
Rule is necessary because of state court decision, 02-2-01624-1.
Explanation of Rule, its Purpose, and Anticipated Effects: The amendments to WAC 260-60-350 to clarify ambiguous signing requirements of joint ownership, and to amend WAC 260-60-360 to change the language from the stewards "declaring" a claim void to "deeming" a claim void to meet the original intend [intent] of the commission.
Proposal Changes the Following Existing Rules: In WAC 260-60-350 the following section is added, "In the case of joint ownership only one owner needs to sign."
In WAC 260-60-360 the word "declared" is replaced with "deemed" and "declaring" is replaced with "deeming."
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 12, 2004, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Patty Sorby at the Washington Horse Racing Commission, by February 6, 2004.
Submit Written Comments to: Robert M. Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, fax (360) 459-6461, by February 11, 2004.
Date of Intended Adoption: February 12, 2004.
December 29, 2003
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.]
[Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-360, filed 5/23/96, effective 6/23/96.]