WSR 04-05-088

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed February 18, 2004, 8:09 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-21-078.

Title of Rule: WAC 260-40-100 Performance records.

Purpose: To establish in rule the minimum number of workouts required within a specific set of time periods for a horse to be eligible to run in a race.

Statutory Authority for Adoption: RCW 67.16.020.

Summary: The proposal establishes the minimum number of workouts a horse must have before the horse is eligible to run in a race.

Reasons Supporting Proposal: The proposal places into rule the minimum number of workouts the commission previously determines on an annual basis and also matches the national model rule.

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 not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Currently WAC 260-40-100 requires the commission to annually, and prior to each race meet, set the minimum number of workouts required before a horse is eligible to run in a race. The proposal places these minimum workout requirements in rule. In addition, the minimum workouts contained in the proposal are based on the national model rule.

Proposal Changes the Following Existing Rules: Amends WAC 260-40-100 by requiring that (1) a horse that has not run in an official or recognized race must first have participated in two official workouts, and at least one such workout must be held thirty days prior to race day; and (2) a horse that has not started in an official or recognized race for a period of sixty days or more must have a published or stewards approved workout thirty days prior to race day.

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 April 8, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patty Sorby at Washington Horse Racing Commission by April 7, 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 April 8, 2004.

Date of Intended Adoption: April 9, 2004.

February 13, 2004

R. M. Leichner

Executive Secretary

OTS-6931.3


AMENDATORY SECTION(Amending WSR 00-07-039, filed 3/6/00, effective 4/6/00)

WAC 260-40-100   Performance records.   It is the intent of the commission that the public be provided with all relevant information regarding a horse's recent racing and workout record; Therefore:

(1) The owner/and or trainer of any horse which has started at a track not reported in the daily racing form or equibase since its last start at a recognized track, must furnish the racing secretary prior to the entry of such horse to any race in this state, performance records of said horse's races during the past year, or their last two starts, including published races, showing date, distance, finishing position and time. If such records are not provided, the horse will be ineligible to start.

(2) For thoroughbreds, a horse which wins a race at a Class C track within the state, shall not be penalized for such winnings in races run at any other meeting other than a Class C track. The maiden classification will be lost by winning a race at any track whose results are published in the daily racing form or equibase. A horse which wins a race at a track with results not reported in the daily racing form or equibase, outside this state, shall not be penalized for such winnings except at Class C tracks. For other breeds, all wins, including the maiden wins, shall be counted in considering eligibility at all racing association meets in the state of Washington if the win is recognized by the Arabian jockey club, the American quarter horse association, the appaloosa horse club, or other breed registry as authorized by the commission.

(3) Performance records for races which are not reported in the daily racing form and/or equibase shall be published in the official program of the racing association or posted and announced no later than the time that wagering opens for that day's racing. No horse may be permitted to enter in a race whose recent workouts have not been properly recorded with the commission.

(4) All wins shall be considered in eligibility requirements of horses running at Class C racing association meets.

(5) ((The commission shall designate, before each race meeting, the minimum workout requirements for said race meeting to ensure the integrity of the industry to the wagering public.)) A horse shall not start unless it has participated in an official or recognized race or has a published or stewards approved workouts, which meet the following criteria:

(a) A horse that has not run in an official or recognized race must have two official workouts, and at least one such workout must be held thirty days prior to race day.

(b) A horse that has not started in an official or recognized race for a period of sixty days or more must have a published or steward approved workout held thirty days prior to race day.

(6) The workout must have occurred at a parimutuel or commission recognized facility. The association may impose more stringent workout requirements. The trainer or trainer's designee shall be required to identify horse's registered name, the distance the horse is to be worked and the point on the track where the workout will start. A horse shall not be taken onto the track for training or a workout except during the hours designated by the association.

[Statutory Authority: RCW 67.16.040. 00-07-039, 260-40-100, filed 3/6/00, effective 4/6/00; 95-18-016, 260-40-100, filed 8/24/95, effective 9/24/95. Statutory Authority: RCW 67.16.020 and 67.16.040. 86-09-072 (Order 86-02), 260-40-100, filed 4/21/86. Statutory Authority: RCW 67.16.020. 78-08-089 (Order 78-2), 260-40-100, filed 7/31/78; Order 74.2, 260-40-100, filed 10/30/74, effective 1/1/75; Rules of racing, 102, 103, filed 4/21/61; Subsection (4) added, filed 3/11/65.]

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