WSR 00-03-092

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed January 19, 2000, 11:32 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-22-022.

Title of Rule: WAC 260-70-700 Penalties relating to permitted medication.

Purpose: Amend existing rules to conform to nationally accepted model rules.

Statutory Authority for Adoption: RCW 67.16.040.

Summary: Add language changing adding flexibility to third offense of medication rules.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bruce Batson, Olympia, Washington, (360) 459-6462.

Name of Proponent: Washington Horse Racing Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Update rule to conform to accepted model rules.

Proposal Changes the Following Existing Rules: Adds amending language to a third offense of medication violation.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes will not affect more than 20% or less than 10% of the population. A small business economic impact statement was not prepared.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Doubletree Hotel at SeaTac, 18740 Pacific Highway South, Seattle, WA, on February 26, 2000, at 10:00 a.m.

Submit Written Comments to: Bruce Batson, Executive Secretary, Washington Horse Racing Commission, 7912 Martin Way, Suite D, Olympia, 98516, fax (360) 459-6461, by February 25, 2000.

Date of Intended Adoption: February 26, 2000.

January 19, 2000

Bruce Batson

Executive Secretary

by Patty Sorby


AMENDATORY SECTION(Amending WSR 96-10-001, filed 4/17/96)

WAC 260-70-700
Penalties relating to permitted medication.

(1) Should the laboratory analysis of urine or blood taken from a horse, show the presence of more than one approved nonsteroidal anti-inflammatory drug (NSAID) in violation of these rules or the presence of phenylbutazone or oxyphenbutazone, naproxen or meclofenamic acid in excess of the quantities authorized by the rules, the stewards or commission shall levy the following penalties against each person found responsible:

(a) For a first offense within a 365 day period, a fine of $300;

(b) For a second offense within a 365 day period, $750;

(c) For a third offense within a 365 day period, a fine of $((750)) 1,000 with a ((sixty-day suspension.)) 15 to 60 day suspension.

(2) Should the laboratory analysis of urine or blood taken from a horse show the presence of furosemide (Lasix) without permission from the official veterinarian, the stewards or commission shall treat the violation as a Class 4 offense.

(3) Detection of any unreported permitted medication, drug, or substance by the primary testing laboratory may be grounds for disciplinary action.

(4) As reported by the primary testing laboratory, failure of any test sample to show the presence of permitted medication, drug or substance when such permitted medication, drug or substance was required to be administered may be grounds for disciplinary action.

[Statutory Authority: RCW 67.16.040. 96-10-001, 260-70-700, filed 4/17/96, effective 5/18/96.]

Washington State Code Reviser's Office