WSR 06-05-115

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed February 15, 2006, 11:12 a.m. ]

Original Notice.

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 rlopez@whrc.state.wa.us, 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

Executive Secretary

OTS-8650.1

Chapter 260-40 WAC

ENTRIES, STARTS, ((DECLARATIONS)) NOMINATIONS AND SCRATCHES


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-010   ((Declarations)) Nominations and scratches.   (1) No horse shall be considered nominated or scratched ((or declared)) out of an engagement until the owner ((or his authorized agent, or some person deputized by him shall have given due)), trainer or designee provides written notice ((in writing)) to the racing secretary before the time stipulated by the ((regulations of the)) association.

(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 time alleged.

(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.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-020   Entry prerequisite to start.   A horse shall not be qualified to start in any race unless ((he)) the horse has been ((and continues)) properly entered therein.

[Rules of racing, 93, filed 4/21/61.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-030   Racing secretary to receive entries and declarations.   ((For all races,)) (1) The racing secretary is the person authorized to receive entries and declarations for all races.

(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.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-040   ((Entries and declarations, how made -- Blank forms.)) Making entries and nominations.   (1) Entries and ((declarations)) nominations shall be made in writing and signed by the owner ((of the horse, or his authorized agent or some person deputized by him, and each)), trainer or designee. Each association shall provide blank forms on which entries and declarations are ((to be)) made.

(2) Entries may be made by telephone ((or telegraph,)) but must be confirmed ((promptly)) in writing.

[Rules of racing, 95, 96, filed 4/21/61.]


NEW SECTION
WAC 260-40-045   Authority to represent owner.   A trainer may represent the owner in the matter of entries, nominations, scratches, and the employment of jockeys.

[]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-050   Ownership interest required -- Entries and nominations.   ((No person not having an interest in a horse, equal at least to the interest or property of any other one person is entitled to enter the horse in a race as the owner.)) No owner who does not retain a majority ownership interest in a horse may enter that horse in a race.

(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.]


NEW SECTION
WAC 260-40-055   Duty to name jockey upon making entry.   Every owner or trainer shall upon making an entry, be required to furnish the name of the jockey who rides his/her horse prior to the close of entries. If no jockey has been named by close of entries, the stewards shall name the best available rider and he/she shall ride the horse.

[]


NEW SECTION
WAC 260-40-065   Coupled and multiple entries.   (1) Two or more horses owned or leased in whole or part by the same owner shall be joined as a coupled entry and single betting interest if they are entered in the same race. Coupled entries may be uncoupled in stakes races. At the time of making a coupled entry of horses of the same ownership, the trainer shall be required to express a preference as to which horse shall run in the event the coupled entry is not allowed because it would result in the exclusion of a single entry.

(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.

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AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-070   Description and identification of horse.   (1) If entered for the first time, a horse shall be identified by stating his name, color, sex and age, and the name of his sire and dam, as registered. This description must be repeated in every entry until a description of the horse with his name has been published in the official program or the list of entries of the association, or in such other publication as the commission may designate. In every entry after such publication, ((his)) the horse's name and age will be sufficient.

(2) ((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.]


NEW SECTION
WAC 260-40-075   Equipment changes -- Declaration.   Trainers are responsible to note all required equipment changes at time of entry.

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AMENDATORY SECTION(Amending Order 3, filed 5/12/69)

WAC 260-40-090   Jockey club registration certificate.   No horse shall be allowed to enter or start unless a jockey club registration certificate ((or a)), American Quarter Horse Association certificate of registration, or other applicable breed certificate of registration is on file in the office of the racing secretary, ((with the exception)) except that the stewards may((, in their discretion, for good cause,)) waive this requirement, if the horse is otherwise properly identified and the horse is not entered in a claiming race.

[Order 3, 260-40-090, filed 5/12/69; Rules of Racing, 101, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 04-09-026, filed 4/13/04, effective 5/14/04)

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, 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. ((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.)) 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 criteria:

(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 ((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))) (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.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-110   Horse must be in care of((,)) and saddled by((,)) a licensed trainer.   No horse shall be permitted to enter or to start in a race unless ((he)) the horse is in the care of ((and is saddled by)) a licensed trainer. A licensed trainer must saddle a horse entered to run in a race.

[Rules of racing, 104, filed 4/21/61.]


AMENDATORY SECTION(Amending Order 81-06, filed 7/10/81)

WAC 260-40-120   Identification prerequisite to start.   (1) No horse shall be permitted to start that has not been fully identified.

(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 fraud.))

(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.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-130   Stabling.   No horse shall be permitted to enter or to start unless the horse is stabled on the grounds of the association, or ((in stabling approved by said commission)) arrives on the grounds five hours prior to the post time of the race the horse is entered in.

[Rules of racing, 106, filed 4/21/61.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-140   Horse must be eligible to start at time of entry.   (1) All horses must be eligible to start at time of entry, as determined by conditions established by the racing secretary's published condition book or conditions for late extra races offered.

(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.]


AMENDATORY SECTION(Amending Order 73.7, filed 12/3/73)

WAC 260-40-145   Prohibiting entry of certain horses.   (((a))) (1) No horse shall be allowed to enter or start if ((the highest official regulatory)):

(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

(b) ((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.]


AMENDATORY SECTION(Amending WSR 04-07-076, filed 3/15/04, effective 4/15/04)

WAC 260-40-160   Horse owned or managed by disqualified person.   (1) A horse shall not be qualified to be entered or to start in any race, if owned in whole or in part, or if under the management, directly or indirectly, of a disqualified person.

(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.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-180   Horse on veterinarian's list.   No horse on the veterinarian's list shall be qualified to be entered, or to start in a race.

[Rules of racing, 114, filed 4/21/61.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-240   Entrance money.   (1) A horse shall not become a starter for a race unless there has been ((duly)) paid any stakes or entrance money ((payable in respect to)) required for that race.

(2) Entrance money ((is)) shall not be refunded ((on)) due to the death of a horse, or ((his)) a horse's failure to start.

(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.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-250   Closing.   (1) Entries shall be closed at an advertised time, and no entry accepted thereafter. The racing secretary, however, with the consent of the stewards, may postpone closing of overnight races.

(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 sweepstakes.

(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.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-40-260   Number of entries and starters.   (1) In a stake race the number of horses to compete will be limited only by the number of horses duly nominated.

(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((,)) or ((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.]


AMENDATORY SECTION(Amending WSR 90-19-001, filed 9/6/90, effective 10/7/90)

WAC 260-40-280   Impaired horses.   An owner or trainer shall not enter or start a horse that:

(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.]


REPEALER

     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.