WSR 17-05-058 PERMANENT RULES HORSE RACING COMMISSION [Filed February 10, 2017, 1:53 p.m., effective March 13, 2017] Effective Date of Rule: Thirty-one days after filing.
Purpose: To protect prospective owners and void claims if the horse suffers a catastrophic injury during the running of the race.
Citation of Existing Rules Affected by this Order: Amending WAC 260-60-460.
Statutory Authority for Adoption: RCW 67.16.020.
Adopted under notice filed as WSR 17-02-067 on January 3, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 10, 2017.
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION (Amending WSR 08-05-088, filed 2/15/08, effective 3/17/08)
WAC 260-60-460 Cancellation of claims.
(1) If within thirty days from the running of the race, in which a horse is claimed, the stewards find that a claim was made in violation of the rules of racing the stewards may disallow and cancel any such claim and order the return of the horse and order the return and refund the claim amount. In deciding whether to cancel a claim the stewards will consider which party was at fault, the status of the horse at the time the claiming violation is discovered, and such other factors as appropriate. Should the stewards cancel a claim, they may order, as appropriate, payment for the care and maintenance of the horse involved. The stewards may refer to the commission for further action any case involving a violation of the rules of racing with respect to a claim regardless of whether the stewards deem it appropriate to order the cancellation of the claim.
(2) The stewards will void a claim if the following occurs:
(a) The horse dies or suffers a catastrophic injury during the running of the race and is euthanized prior to leaving the track.
(b) If, within two hours of the official "off time" of the race and following an injury incurred during the race, the official veterinarian, in consultation with the practicing veterinarian, determines that it would be inhumane to prolong treatment in an attempt to save the horse, even for nonperformance purposes, the horse is euthanized.
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