WSR 09-21-016

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed October 9, 2009, 10:44 a.m. , effective November 9, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To adopt a new section in chapter 260-60 WAC (WAC 260-60-405) to allow an owner or trainer to declare his/her horse, at the time of entry, ineligible to be claimed, if the horse has been laid off and not started in a race for one hundred and eighty days.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 09-17-069 on August 13, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 8, 2009.

R. J. Lopez

Executive Secretary

OTS-2621.1


NEW SECTION
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.

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Washington State Code Reviser's Office