Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-17-066.

     Title of Rule and Other Identifying Information: WAC 260-44-010 Equipment changes.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 11, 2013, at 9:30 a.m.

     Date of Intended Adoption: January 11, 2013.

     Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail doug.moore@whrc.state.wa.us, fax (360) 459-6461, by January 8, 2013.

     Assistance for Persons with Disabilities: Contact Patty Sorby by January 8, 2013, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds "cheek pieces" as equipment that must be declared at time of entry and approved by the board of stewards.

     Reasons Supporting Proposal: A relatively new piece of equipment, cheek pieces have the ability to restrict a horse's peripherally [peripheral] vision much the same a [as] blinkers.

     Statutory Authority for Adoption: RCW 67.16.020.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: [No information supplied by agency], governmental.

     Name of Agency Personnel Responsible for Drafting: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; 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.

November 28, 2012

Douglas L. Moore

Deputy Secretary

OTS-5175.1

AMENDATORY SECTION(Amending WSR 07-07-035, filed 3/12/07, effective 4/12/07)

WAC 260-44-010   Equipment changes.   (1) Permission to change any equipment from that which a horse carried in its previous race must be obtained from the stewards.

     (2) Permission for a horse to add or remove blinkers or cheek pieces must be approved by the starter before being granted by the stewards.

     (3) A trainer may tie down a horse's tongue but only with materials that are not dangerous or likely to cause injury to the horse. An official veterinarian will decide any question about the appropriateness of the material used for a tongue-tie. The stewards may monitor the use of tongue-ties.

     (4) Whips will be considered standard equipment in all horse races, unless declared at time of entry.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-035, § 260-44-010, filed 3/12/07, effective 4/12/07; 06-07-063, § 260-44-010, filed 3/10/06, effective 4/10/06; Order 73.1, § 260-44-010, filed 5/18/73. Rules of racing, § 132, filed 4/21/61.]