WSR 08-02-014

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed December 21, 2007, 8:20 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-22-060.

Title of Rule and Other Identifying Information: WAC 260-28-295 Trainer responsibility.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on February 14, 2008, at 9:30 a.m.

Date of Intended Adoption: February 14, 2008.

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 February 5, 2008.

Assistance for Persons with Disabilities: Contact Patty Sorby by February 5, 2008, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend WAC 260-28-295 to add the following two provisions: (1) Trainers are required to promptly report if a colt or horse is gelded; and (2) trainers are required to ensure that anyone employed by the trainer is properly licensed to perform the duties assigned.

Reasons Supporting Proposal: (1) In addition to ensuring bettors have accurate information about horses entered in a race, persons contemplating claiming a horse out of a race should also be provided with accurate information on the condition of the horse prior to claiming; and (2) because the commission collects industrial insurance premiums, it is critical for employee coverage that they be properly licensed to perform the duties assigned.

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.

December 21, 2007

R. J. Lopez

Deputy Secretary

OTS-1221.1


AMENDATORY SECTION(Amending WSR 07-03-065, filed 1/16/07, effective 2/16/07)

WAC 260-28-295   Trainer responsibility.   The purpose of this section is to identify the minimum responsibilities of the trainer that pertain specifically to the health and well-being of horses in his/her care.

(1) The trainer is responsible for and is the absolute insurer of the condition of the horses entered regardless of the acts of third parties.

(2) The trainer is responsible for the condition of horses in his/her care.

(3) The trainer is responsible for the presence of any prohibited drug, medication, or other prohibited substance, including permitted medication in excess of the maximum allowable concentration, in horses in his/her care. A positive test for a prohibited drug, medication or substance, including permitted medication in excess of the maximum allowable concentration, as reported by a commission-approved laboratory, is prima facie evidence of a violation of this rule. In the absence of substantial evidence to the contrary, the trainer will be held responsible.

(4) A trainer will prevent the administration of any drug or medication or other prohibited substance that may cause a violation of these rules.

(5) A trainer whose horse has been claimed remains responsible for violation of any rules regarding that horse's participation in the race in which the horse is claimed.

(6) The trainer is responsible for:

(a) Maintaining the assigned stable area in a clean, neat and sanitary condition at all times;

(b) Using the services of those veterinarians licensed by the commission to attend to horses that are on association grounds;

(c) The proper identity, custody, care, health, condition and safety of horses in his/her care;

(d) Immediately reporting the alteration of the sex of a horse to the horse identifier and the racing secretary;

(e) Promptly reporting to the racing secretary and an official veterinarian when a posterior digital neurectomy (heel nerving) is performed on a horse in his/her care and ensuring that such fact is designated on its certificate of registration;

(f) Promptly report to the racing secretary, when mares who have been entered to race, have been bred;

(g) If a colt or horse has been gelded, promptly submit a completed gelding report to The Jockey Club Office, or report the fact to the racing secretary;

(h) Promptly reporting the serious injury and/or death of any horse at locations under the jurisdiction of the commission to the stewards and the official veterinarian and compliance with the rules in this chapter governing postmortem examinations;

(((h))) (i) Maintaining knowledge of the medication record and medication status of horses in his/her care;

(((i))) (j) Immediately reporting to the stewards and the official veterinarian knowledge or reason to believe, that there has been any administration of a prohibited medication, drug or substance;

(((j))) (k) Ensuring the fitness to perform creditably at the distance entered;

(((k))) (l) Ensuring that every horse he/she has entered to race is present at its assigned stall for a prerace soundness inspection as prescribed in chapter 260-70 WAC;

(((l))) (m) Ensuring proper bandages, equipment and shoes; ((and

(m))) (n) Attending the collection of a urine or blood sample or delegating a licensed employee or the owner to do so; and

(o) Ensuring that any person employed by him/her is properly licensed to perform the duties assigned.

[Statutory Authority: RCW 67.16.020. 07-03-065, 260-28-295, filed 1/16/07, effective 2/16/07.]

Washington State Code Reviser's Office