WSR 21-20-102
PROPOSED RULES
HORSE RACING COMMISSION
[Filed October 4, 2021, 8:42 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 21-09-033.
Title of Rule and Other Identifying Information: WAC 260-60-410 Claimed horseIn whose interest runDelivery and passage of title.
Hearing Location(s): On November 12, 2021, at 9:30 a.m., via Zoom teleconference. Link will be available at www.whrc.wa.gov prior to hearing.
Date of Intended Adoption: December 13, 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 November 1, 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 November 1, 2021.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend current rules on transfer of a claimed horse which was selected for post race testing to reflect current industry standards.
Reasons Supporting Proposal: Changes the time of transfer from the original trainer to the successful claimant to take place after a sample is collected to avoid any possible contamination attributed to the new owner or representative.
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.
October 4, 2021
Douglas L. Moore
Executive Secretary
OTS-3336.1
AMENDATORY SECTION(Amending WSR 18-03-071, filed 1/12/18, effective 2/12/18)
WAC 260-60-410Claimed horseIn whose interest runDelivery and passage of title.
Any purse moneys and prizes earned by a claimed horse will be awarded to the owner that entered the horse. All claims are valid and ownership of the claimed horse is official from the time the claimed horse becomes a "starter." The successful claimant becomes the owner of the horse, whether it is sound, unsound, or injured during the race or after it, unless the claim is canceled in accordance with WAC 260-60-460(2). Transfer of possession of a claimed horse will take place immediately after the race has been run unless otherwise directed by the stewards. If the horse is required to be taken to the test barn for post-race testing, the ((successful claimant))original trainer or his/her representative must maintain physical custody of the claimed horse((. However, the original owner, trainer))and sign the sample tag. The successful claimant or his/her representative will accompany the horse((,))and observe the testing procedure ((and sign the test sample tag)).