WSR 20-05-029
PROPOSED RULES
HORSE RACING COMMISSION
[Filed February 10, 2020, 1:46 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-11-027.
Title of Rule and Other Identifying Information: WAC 260-40-280 Impaired horses.
Hearing Location(s): On April 17, 2020, at 9:30 a.m., at Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.
Date of Intended Adoption: April 17, 2020.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email doug.moore@whrc.state.wa.us, fax 360-549-6461, by April 12, 2020.
Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, email patty.brown@whrc.state.wa.us, by April 12, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends terminology to update to current usages.
Reasons Supporting Proposal: Terminology has changes since the regulation[']s initial adoption.
Statutory Authority for Adoption: RCW 67.16.020.
Rule is not necessitated by federal law, federal or state court decision.
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.
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.
February 10, 2020
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION(Amending WSR 07-07-010, filed 3/8/07, effective 4/8/07)
WAC 260-40-280Impaired horses.
An owner or trainer may not enter or start a horse that:
(1) Is not in physically sound and competitive racing condition.
(2) Has ((been trachea-tubed))a temporary or permanent tracheostomy.
(3) Has ((been nerved except as provided in (a) and (b) of this subsection.
(a) Horses that have)) had a digital neurectomy (((heel nerves) may be permitted to race subject to the prerace veterinary examination.
(b) Horses that have been nerved, blocked with alcohol or any other medical drug that desensitizes the nerves above the ankle will not be permitted to race))performed.
(4) Has impaired eyesight in both eyes.
(5) Has been treated by extracorporeal shock wave therapy or radial pulse wave therapy other than allowed in WAC 260-70-545(4).