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

     Purpose: Allows the board of stewards or executive secretary to declare a horse permanently retired for racing purposes.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-40-145 Prohibited entry of certain horses.

     Statutory Authority for Adoption: RCW 67.16.020.

      Adopted under notice filed as WSR 12-14-007 on June 21, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: August 10, 2012.

Douglas L. Moore

Deputy Secretary

OTS-4798.2

NEW SECTION
WAC 260-28-095   Retirement of a horse.   At any time an owner or group of owners may decide to retire a horse from racing due to injury, age, or other physiological or behavioral condition(s) that may cause harm to the horse or others if the horse returns to training or racing. The owner(s) who wish to retire a horse can notify the board of stewards, or during their absence the executive secretary. The board of stewards or executive secretary will conduct a ruling conference. At the time of the conference, the owner(s) will present evidence to support the reasons for retirement from applicable professionals; for example, a statement from a licensed veterinarian noting the horse has a condition which makes it unsafe to continue racing in the future. If the stewards or executive secretary issues a ruling declaring the horse "retired" the horse will not be eligible for racing. The owner(s), and any new owner(s) if the retirement is concurrent with a sale or transfer of ownership, will be served a copy of the ruling. All horses retired will be placed permanently on the steward's list as provided in WAC 260-24-510(9). Once a horse is retired it will remain retired and ineligible for racing.

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OTS-4799.2

AMENDATORY SECTION(Amending WSR 07-07-010, filed 3/8/07, effective 4/8/07)

WAC 260-40-145   Prohibiting entry of certain horses.   (1) No horse will be allowed to enter or start if it has been fraudulently entered or raced in any jurisdiction under a different name, with an altered registration certificate or altered lip tattoo or other identification method approved by the appropriate breed registry and the commission.

     (2) No horse may be allowed to enter or start if its owner, lessor(s), or trainers have not been licensed as required by the commission.

     (3) No horse may be allowed to enter or start if the horse has been declared "retired" as provided in WAC 260-28-095.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-010, § 260-40-145, filed 3/8/07, effective 4/8/07; Order 73.7, § 260-40-145, filed 12/3/73.]