HORSE RACING COMMISSION

[Filed June 3, 2020, 5:36 p.m., effective June 3, 2020, 5:36 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Licensed persons have access to the stable area at a licensed racetrack and by rule may sign in guests for access. With the current pandemic surrounding the COVID-19 virus, it is for the industry and participants' health and safety that this access be restricted to prevent the possible spread of the virus. Based on the governor's lifting of the "Stay Home, Stay Safe" order, nonessential licensees will now be granted access based on following protocols established by the racing association. Guests will still not be allowed in the restricted area.

Citation of Rules Affected by this Order: Amending WAC 260-20-040.

Statutory Authority for Adoption: Chapter 67.16 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Restricting access to the facility immediately is a measure to protect those individuals that are required to be in the stable area for the care of the horses and operation of the facility.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 3, 2020.

AMENDATORY SECTION(Amending WSR 07-11-115, filed 5/18/07, effective 6/18/07)

WAC 260-20-040Admission to grounds—Restricted areas.

(((1))) A person may only be permitted to enter the restricted areas of the racing association grounds under the following conditions:

(((a) The person possesses a license or credentials issued by the commission.

(b) The person possesses a pass issued by the association.

(2) The restricted areas of a racing association will include, but not be limited to the stable area, and the jockey's quarters.

(3) Children may be granted access to the stable areas as long as they are in the company of a parent or guardian who has a properly issued license, credential, or pass.

(4) Persons escorted by a licensee must remain in the company of the licensee who signed them in.

(5)))(1) The person holds a license or credentials that are essential to the daily operations of the facility and/or the care and well being of the equines. Those licenses include:

(a) Association security, maintenance and administrative staff;

(b) Commission staff;

(d) Groom;

(e) Horsemen's association staff;

(f) Trainers and assistant trainers;

(g) Veterinarian and their employees; and

(h) Vendors and their employees including, but not limited to, platers, tack and equipment providers, feed and supplies providers.

(2) Access may be granted to the grounds for those not currently licensed delivering essential supplies and transporting horses on or off the grounds. A log of nonlicensed individuals granted access to the restricted area must be maintained by association security and made available on request for review.

(3) Nonessential licensees may be admitted during hours as designated by the racing association and are required to follow protocols as established by the racing association.

(4) Licensed owners may be accompanied by their spouses.

(5) The person holds a pass issued by the association.

(6) At a Class C racing association, the stable areas will not be considered a restricted area, except that the racing association may limit access to this area.

(((6)))(7) Passes must be displayed while in a restricted area.