Preproposal statement of inquiry was filed as WSR 08-20-063.
Title of Rule and Other Identifying Information: New section WAC 260-60-405 Claiming -- Declaring a horse to be ineligible to be claimed at time of entry.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on October 8, 2009, at 9:30 a.m.
Date of Intended Adoption: October 8, 2009.
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 October 1, 2009.
Assistance for Persons with Disabilities: Contact Patty Sorby by October 1, 2009, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adopt a new rule allowing a trainer, at the time of entry to make a horse ineligible for claiming whenever a horse has been laid off for a period of eighty days or more, and the horse is being entered for a claiming price equal to or greater than the price at which the horse last started.
Reasons Supporting Proposal: This allows a trainer or owner to start a horse after a long lay-off in a race without risking the horse being claimed.
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, Implementation and Enforcement: Robert J. Lopez, 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.
August 13, 2009
R. J. Lopez
WAC 260-60-405 Claiming -- Declaring a horse ineligible to be claimed at time of entry. (1) At the time of entry, the owner, trainer, or if designated, the jockey agent, may opt to declare a horse ineligible to be claimed provided:
(a) The horse has been laid off and has not started in a race for a minimum of one hundred eighty days; and
(b) The horse is entered for a claiming price equal to or greater than the price at which the horse last started.
(2) Failure to declare the horse ineligible to be claimed at the time of entry may not be remedied.
(3) The provisions of this rule will only apply to the first start following each layoff.