WSR 05-07-063

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed March 11, 2005, 4:05 p.m. , effective April 11, 2005 ]


Purpose: To amend WAC 260-60-300 Who may claim to allow authorized agents to claim more than one horse, if done on the behalf of different owners, to allow up to two claims to be filed on behalf of a training stable, and to more than two horses in the same interest or under the control of the same trainer to start in a claiming race.

Citation of Existing Rules Affected by this Order: Repealing WAC 260-60-320; and amending WAC 260-60-300.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 05-03-028 on January 10, 2005.

Changes Other than Editing from Proposed to Adopted Version: The following subsections were changed from the proposed version: Subsection (5) "prospective owner" was added; subsection (6) "an authorized agent shall not make a claim on the same horse for different owners" was added; and subsection (7) the term "training" was added to better describe a stable, and the language, "but trained by the same trainer" was removed.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 10, 2005.

R. M. Leichner

Executive Secretary

OTS-7684.5


AMENDATORY SECTION(Amending WSR 04-24-019, filed 11/22/04, effective 12/23/04)

WAC 260-60-300   Who may claim.   ((Who may claim: Owner, authorized agent or prospective owner possessing a claiming certificate.))

(1) In claiming races, any horse is subject to be claimed for its entered price by any owner ((at that meeting)) licensed by the commission, including a prospective owner who has been issued a claiming certificate, or by a licensed authorized agent for the account of such owner. ((For the purpose of this rule an "owner" shall be deemed to be an owner as defined in WAC 260-12-010. Furthermore, such owner shall be registered in good faith for racing and has had a horse or horses occupying assigned stall space for the race meeting. The right to claim shall not be forfeited even though all horses occupying such stall space may have been eliminated.))

(2) ((In addition to the above rule, any horse is subject to be claimed by a person or a licensed authorized agent for the account of such person, providing such person has applied to and has been approved by the commission as a prospective owner and has been issued a claiming certificate.)) In order to claim a horse as a prospective owner, a person shall submit to the stewards a completed application for a prospective owner's license and the name of a licensed trainer who will assume the care and responsibility for any horse claimed. The stewards shall issue a claiming certificate to the applicant upon satisfactory evidence that the applicant is eligible for an owner's license. Once the prospective owner has successfully claimed a horse and made payment of labor and industry fees due, he/she shall be considered an owner. At that time the owner should contact a commission office for a new identification badge.

(3) The names of ((persons obtaining)) licensed prospective owners who have been issued a claiming certificate shall be prominently displayed in the offices of the commission and the racing secretary. ((Once the prospective owner has successfully claimed a horse he/she must secure an owner's license on a timely basis. An applicant for a claim certificate shall submit to the Stewards:

(a) A completed application for a claiming permit and the licensing fee;

(b) The name of a licensed trainer who will assume the care and responsibility for any horse claimed;

(c) The stewards shall issue a claim certificate upon satisfactory evidence that the applicant is eligible for an owner's license;

(d) The claim)) (4) A claiming certificate shall expire with the conclusion of the race ((meeting)) meet at which it was issued, ((or)) upon the claim of a horse, or upon issuance or denial of an owner's license, whichever comes first((;

(e) A claim certificate may be renewed by the stewards during the same year with no additional fee;

(f) A claiming certificate may be issued to a person who had been licensed as an owner during a previous race meet)).

(5) No owner or prospective owner shall claim more than one horse in any one race.

(6) An authorized agent may claim up to two horses, if each horse is claimed on behalf of a different owner, as long as the owners do not have a common interest. An authorized agent shall not make a claim on the same horse for different owners.

(7) When a training stable consists of horses owned by more than one person, not more than two claims may be entered on behalf of such training stable in any one race.

(8) In claiming races not more than two horses in the same interest or under the control of the same trainer can start.

[Statutory Authority: RCW 67.16.020. 04-24-019, 260-60-300, filed 11/22/04, effective 12/23/04. Statutory Authority: RCW 67.16.040. 96-12-008, 260-60-300, filed 5/23/96, effective 6/23/96.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 260-60-320 Limit to number.

Washington State Code Reviser's Office