Original Notice.

     Preproposal statement of inquiry was filed as WSR 13-06-030.

     Title of Rule and Other Identifying Information: WAC 260-28-095 Retirement of a horse and 260-40-145 Prohibited entry of certain horses.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on June 14, 2013, at 9:30 a.m.

     Date of Intended Adoption: June 14, 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 June 11, 2013.

     Assistance for Persons with Disabilities: Contact Patty Sorby by June 11, 2013, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To repeal the section dealing with retired horse[s].

     Reasons Supporting Proposal: The Jockey Club has recently adopted new rules regarding reissuing registration papers for thoroughbred[s] that are sold for nonracing purposes which better address the issue from jurisdiction to jurisdiction.

     Statutory Authority for Adoption: RCW 67.16.020.

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

     Name of Proponent: [Horse racing commission], governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Douglas L. Moore, 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.

April 19, 2013

Douglas L. Moore

Executive Secretary

OTS-5341.1

AMENDATORY SECTION(Amending WSR 12-17-061, filed 8/10/12, effective 9/10/12)

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. 12-17-061, § 260-40-145, filed 8/10/12, effective 9/10/12. 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.]

OTS-5340.1

REPEALER

     The following section of the Washington Administrative Code is repealed:

WAC 260-28-095

Retirement of a horse.