WSR 18-03-046 PROPOSED RULES HORSE RACING COMMISSION [Filed January 10, 2018, 8:45 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-01-032. Title of Rule and Other Identifying Information: New WAC 260-70-575 Out of competition testing. Hearing Location(s): On March 9, 2018, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002. Date of Intended Adoption: March 9, 2018. Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email doug.moore@whrc.state.wa.us, fax 360-459-6461, by March 2, 2018. Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, TTY 360-459-6462, email patty.brown@whrc.state.wa.us, by March 6, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds a new section to give the Washington horse racing commission (WHRC) the ability to conduct out of competition testing. Reasons Supporting Proposal: The use of out of competition testing would give the commission the ability to ensure blood doping agents are not being administered to horses in training. Statutory Authority for Adoption: RCW 67.16.020. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: WHRC, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, 360-459-6462. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. Not applicable. The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related. January 10, 2018 Douglas L. Moore Executive Secretary
NEW SECTION
WAC 260-70-575 Out of competition testing.
(1) The commission may request an out of competition testing (OCT) sample be collected and screened for any violation of WAC 260-70-545.
(2) The commission may request any owner or trainer currently licensed by the commission to allow an OCT sample be collected under any of the following conditions:
(a) The horse is stabled on the grounds of a licensed race meet.
(b) The horse is nominated or eligible for a stake or handicap race.
(c) The registration certificate of the horse is currently on file with the racing association.
If the horse selected is not currently stabled on the grounds, the owner or trainer shall present the horse to the test barn at a time designated by the commission.
(3) Horses will be selected for OCT by a commission veterinarian, steward, or executive secretary.
(4) Sample collection and split samples will be done in accordance with WAC 260-70-600 and 260-70-610.
(5) Refusal to submit to an OCT sample request will result in penalties consistent with WAC 260-84-110 or 260-84-130.
(6) If a horse that qualifies under subsection (2) of this section is selected for testing and is not stabled at a race meet licensed by the Washington horse racing commission, the commission may approve a regulatory veterinarian from another jurisdiction to collect and submit the sample providing the process complies with WAC 260-70-600 and 260-70-610.
(7) Penalties for a report of a positive laboratory finding in violation of this section will be consistent with WAC 260-84-110 and/or 260-84-130.
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