HORSE RACING COMMISSION

[Filed November 16, 2020, 10:34 a.m.]

Preproposal statement of inquiry was filed as WSR 20-19-063.

Title of Rule and Other Identifying Information: WAC 260-70-570 All horses subject to inspection.

Hearing Location(s): On January 8, 2021, at 9:30 a.m., via Zoom teleconference. Link will be available at www.whrc.wa.gov on Monday, January 4, 2021.

Date of Intended Adoption: January 8, 2021.

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 January 3, 2021.

Assistance for Persons with Disabilities: Contact Melanie Bowdish, phone 360-459-6462, fax 360-459-6461, email melanie.bowdish@whrc.state.wa.us, by January 5, 2021.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Prohibits the practice of "icing" a horse's legs prior to a scheduled veterinarian inspection.

Reasons Supporting Proposal: "Icing" prior to a veterinarian inspection can inhibit the ability to detect preexisting injuries placing the horse and riders at risk.

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.

AMENDATORY SECTION(Amending WSR 18-07-020, filed 3/9/18, effective 4/9/18)

WAC 260-70-570All horses are subject to inspection.

All horses at locations under the jurisdiction of the commission are subject to inspections at the discretion of the stewards or an official veterinarian.

(1) The trainer of each horse or a representative of the trainer must present the horse for inspection as required by an official veterinarian.

(a) The inspection shall be conducted by an official veterinarian.

(b) The horse shall be in the trainers assigned stable area unless the official veterinarian is notified prior to the time of inspections.

(d) The horse must be free of bandages, or wearing bandages that are easily removed.

(e) The horse must not have been subjected to freezing, icing, or prolonged hosing with cold water, or any other means of reducing the temperature of the legs ((within one hour of the inspection))on the day it is scheduled to be inspected until the inspection has been completed.

(2) The assessment of a horse's racing condition will be based on the recommendations of the American Association of Equine Practitioners and may include:

(a) Proper identification of the horse;

(b) Observation of each horse in motion;

(d) Close observation in the paddock and saddling area, during the parade to post and at the starting gate; and

(e) Any other inspection deemed necessary by an official veterinarian.

(3) An official veterinarian will maintain a continuing health and racing soundness record of each horse inspected.