Preproposal statement of inquiry was filed as WSR 05-23-022.
Title of Rule and Other Identifying Information: Chapter 260-40 WAC, Entries, starts, declarations and scratches.
Hearing Location(s): Red Lion Inn, Columbia Center, 1101 North Columbia Center Boulevard, Kennewick, WA 99336, on April 7, 2006, at 9:30 a.m.
Date of Intended Adoption: April 7, 2006.
Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail email@example.com, fax (360) 459-6461, by April 3, 2006.
Assistance for Persons with Disabilities: Contact Patty Sorby by April 3, 2006, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: By amending chapter 260-40 WAC the agency intends to modernize our rules as part of or [our] regulatory reform effort and to also write and organize our rules in a more clear and concise manner so they are more easily understood by those to whom they apply. In addition, the amendments to this chapter, wherever possible, attempt to conform to the national model rules.
Reasons Supporting Proposal: The current effort will modernize our rules and repeal a number of rules that were established in 1961.
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: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
February 15, 2006
R. M. Leichner
ENTRIES, STARTS, ((
DECLARATIONS)) NOMINATIONS AND SCRATCHES
(2) For stake races, if a horse is not named through the
entry box ((
the day before the race at the usual time of
closing)) before the close of entries for that race day, the
horse is automatically out.
(3) The ((
declaration)) scratch of a horse out of an
engagement is irrevocable.
(4) All horses must be scratched ((
at)) by the designated
scratch time set by the racing secretary.
(5) If the miscarriage of any ((
declaration by mail or
otherwise)) nomination is alleged, satisfactory proof of such
miscarriage shall be required of the complainant, otherwise,
the (( declaration)) nomination shall not be accepted as of the
(6) Any owner or trainer who has entered a horse((
will be allowed the right (( and privilege of scratching)) to
scratch the horse from (( said)) the race entered prior to
scratch time, until there remain in the race (( only)) no fewer
than eight interests. If there are more requests to
(( withdraw)) scratch than are available, permission to
(( withdraw)) scratch shall be decided by lot. However, in all
races involving the daily double, no entry may be
(( withdrawn)) 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.
[Rules of racing, §§ 82 through 87, filed 4/21/61.]
[Rules of racing, § 93, filed 4/21/61.]
(2) The racing secretary may refuse the entry of any person, or the transfer of any entry for reasons deemed, by the racing secretary, to be in the best interest of racing.
[Rules of racing, § 94, filed 4/21/61.]
(2) Entries may be made by telephone ((
but must be confirmed (( promptly)) in writing.
[Rules of racing, §§ 95, 96, filed 4/21/61.]
(1) The majority ownership interest must approve the nomination or entry of any horse into a race.
(2) Each owner is individually and collectively responsible for any fees resulting from nominations, entries, or starting fees.
[Rules of racing, § 97, filed 4/21/61.]
(2) A trainer may enter and start no more than two horses of the same or separate ownership in a purse race or overnight event, except under the following conditions:
(a) Stake races.
(b) Allowance/optional claiming or maiden special weight races a maximum of three entries. The third entry may not exclude a single entry and would not be allowed if there were fewer than seven entries received by the racing secretary prior to the entry of the third horse.
That)) All horses shall be classified on a racing
program by clear definitions.
(3) For racing ((
purposes)) and programming purposes,
horses shall be designated as follows:
(a) Male - horse, colt, gelding or ridgling.
(b) Female - filly or mare.
[Rules of racing, § 99, filed 4/21/61; Subsections (2) and (3) added, filed 3/11/65.]
[Order 3, § 260-40-090, filed 5/12/69; Rules of Racing, § 101, filed 4/21/61.]
(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, with the exception of its
maiden win, shall not be penalized for such winnings in races
run at any other meeting other than a Class C track. ((
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.)) All winnings in races conducted outside the
state of Washington and under the authority of a recognized
racing jurisdiction shall count with regards to a horse's
eligibility. 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)) recognized 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) A horse shall not start unless it has participated in
an official or recognized race or has ((
a)) published or
steward(( s)) approved workouts, which meet the following
(a) A horse that has not run in an official or recognized
race must have two official workouts, one of which must be
recorded from the starting gate, and at least one ((
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))) (c) The workout must have occurred at a
parimutuel or commission recognized facility.
(6) The association may impose more stringent workout requirements.
(7) The trainer or trainer's designee shall be required to identify the horse's registered name, the distance the horse is to be worked and the point on the track where the workout will start.
(8) 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 67.16.020. 04-09-026, § 260-40-100, filed 4/13/04, effective 5/14/04. 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.]
[Rules of racing, § 104, filed 4/21/61.]
(2) All horses shall be properly tattooed by the
thoroughbred racing protective bureau or an approved breeding
association, or freeze marked in a manner which meets the
standards of the National Crime Information Center. ((
Responsibility in the matter of establishing either the
identity of a horse or its complete and actual ownership shall
be as binding on the persons so identifying or undertaking to
establish the identity of a horse as it is on the person
having the horse requiring identification. The same penalty
shall apply to any party engaging in fraud or attempt at
(3) No horse shall be permitted to start unless ownership is established.
[Statutory Authority: RCW 67.16.020 and 67.16.040. 81-15-034 (Order 81-06), § 260-40-120, filed 7/10/81; Rules of racing, § 105, filed 4/21/61.]
[Rules of racing, § 106, filed 4/21/61.]
(2) The owner, trainer or designee is responsible to declare any weight allowances, including apprentice allowances, at time of entry. No additional weight may be declared after the posting of entries.
[Rules of racing, § 108, filed 4/21/61.]
(a) An investigation is ongoing by a recognized racing
body having)) jurisdiction (( of the offense previously has
determined that)) to determine if the horse was knowingly
entered or raced under a name other than its own by a person
having lawful custody or control of the animal at the time it
was so entered or raced(( .)); or if
No horse shall be allowed to enter or start if it
has been previously determined by the highest official
regulatory)) The recognized racing (( body having))
jurisdiction (( of the offense)) has previously determined that
a person having lawful custody or control of the animal
participated in or assisted in the entry of racing some other
horse under the name of the horse in question.
(c))) (2) For the purposes of (( paragraphs (a) and (b)
above)) this section, the "name" of the horse means the name
reflected in the registration certificate or racing permit
issued with respect to the horse in question by the Jockey
Club or other applicable breed registration certificate.
[Order 73.7, § 260-40-145, filed 12/3/73.]
(2) If any entry from any disqualified person or a
disqualified horse is received, such entry shall be void and
any money paid for such entry shall be returned if the
disqualification is ((
disclosed)) discovered forty-five
minutes before post time for the race. Otherwise, any such
money shall be paid to the winner.
(3) A horse is ineligible to start in a race when it is
wholly or partially owned by the spouse of a disqualified
person or a horse is under the direct or indirect management
of the spouse of a disqualified person((
,)). In such cases,
(( it being)) is presumed that the disqualified person and
spouse constitute a single financial entity with respect to
the horse, (( which)) but this presumption may be rebutted.
(4) If a horse is sold to a disqualified person, the horse's racing engagements shall be void effective the date of the sale.
[Statutory Authority: RCW 67.16.020. 04-07-076, § 260-40-160, filed 3/15/04, effective 4/15/04; Rules of racing, §§ 110, 111, 112, filed 4/21/61.]
[Rules of racing, § 114, filed 4/21/61.]
(2) Entrance money ((
is)) shall not be refunded (( on))
due to the death of a horse, or (( his)) a horse's failure to
(3) The ((
nominator)) owner is liable for the nomination
or entrance money (( or stake)), and the death of a horse or
mistake in its entry (( when eligible,)) does not release the
(( subscriber or transferee)) owner from liability for
(( stakes)) these fees, and the nomination or entrance money
(( to a purse that is run off)). Nomination and entrance fees
shall not be returned on the death of a horse or its failure
to start for any cause whatever.
[Rules of racing, §§ 120, 121, 122, filed 4/21/61.]
(2) In the absence of notice to the contrary entrance and
declarations)) nominations for sweepstakes, which close
during or on the eve of a race meeting(( ,)) shall close at the
office of the racing secretary(( , who shall make provision
therefor)). Closing at all other times for sweepstakes shall
be at the office of the association sponsoring the
(3) When ((
an hour)) a time for closing is designated,
entries and (( declaration)) nominations for sweepstakes cannot
be received afterwards(( ; but if an hour)). In the event that
a time is not designated, they may be mailed or
(( telegraphed)) faxed up to midnight of the day of closing,
provided they are received in time for compliance with every
other condition of the race.
(4) If a miscarriage of any entry ((
of declaration)) or
nomination in a stake is alleged, satisfactory proof that it
was mailed or (( telegraphed)) faxed must be presented within a
reasonable time or it shall not be (( received)) allowed.
(5) Entries which have closed shall be compiled without delay by the racing secretary and conspicuously posted.
[Rules of racing, §§ 123, 124, 125, 126, 127, filed 4/21/61.]
(2) If the number of entries to any purse race is in excess of the number of horses that may, because of track limitations, be permitted to start, the "starters" for the race and their post positions shall be determined by lot in the presence of those making the entries. The same methods shall be employed in determining the starters and post positions in split races.
(3) A list of names not to exceed six may be drawn from
the overflow entries in any purse race and listed as eligible
to start as originally carded horses are withdrawn, but the
order in which such horses so drawn shall become eligible to
start and their post position shall be determined by the
provisions of WAC 260-52-020. Any owner, trainer((
(( his authorized agent)) designee having a horse so eligible
and who does not wish to start, shall file a scratch card not
later than the scratch time designated for that day.
[Rules of racing, §§ 128, 129, 130, filed 4/21/61.]
(1) Is not in ((
serviceably)) physically sound and
competitive racing condition.
(2) Has been trachea-tubed.
(3) Has been nerved except as provided in (a) and (b) of this subsection.
(a) Horses that have had a digital neurectomy (heel nerves) may be permitted to race subject to the prerace veterinary examination.
(b) Horses that have been nerved, blocked with alcohol or any other medical drug that desensitizes the nerves above the ankle will not be permitted to race.
(4) Has impaired eyesight in both eyes.
[Statutory Authority: RCW 67.16.040. 90-19-001, § 260-40-280, filed 9/6/90, effective 10/7/90; Rules of racing, § 177, filed 4/21/61.]
The following sections of the Washington Administrative Code are repealed:
|WAC 260-40-060||Joint subscriptions and entries.|
|WAC 260-40-080||Refusal of entries and transfers.|
|WAC 260-40-150||Compliance with partnership registration.|
|WAC 260-40-190||Sale to disqualified person voids engagements.|
|WAC 260-40-200||Double entries.|