WSR 04-04-045

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed January 29, 2004, 1:12 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-21-077.

     Title of Rule: WAC 260-24-650 Clockers.

     Purpose: To amend WAC 260-24-650 to establish a clockers license to permit clocking of timed workouts during the off-season at approved training centers.

     Statutory Authority for Adoption: RCW 67.16.020.

     Summary: Amends WAC 260-24-650 to provide an approval and licensing process for clockers to perform off-season clocking at approved training centers.

     Reasons Supporting Proposal: Meets the needs expressed by the horse racing industry to be able to obtain official workouts during the off-season.

     Name of Agency Personnel Responsible for Drafting: Robert Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462; Implementation and Enforcement: Robert Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516, (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: The amendment if adopted would create a requirement that off-season official workouts can only be performed at approved training centers by licensed clockers.

     Proposal Changes the Following Existing Rules: Adds a new subsection (5) to WAC 260-24-650 requiring off-season clocking of workouts to be conducted by licensed clockers at approved training centers.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on March 11, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Patty Sorby at the Washington Horse Racing Commission by March 10, 2004.

     Submit Written Comments to: Robert M. Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, fax (360) 459-6461, by March 10, 2004.

     Date of Intended Adoption: March 12, 2004.

January 28, 2004

R. M. Leichner

Executive Secretary

OTS-6906.1


AMENDATORY SECTION(Amending WSR 00-20-028, filed 9/27/00, effective 10/28/00)

WAC 260-24-650   Clocker(s).   (1) The clocker(s) shall be present during training hours at each track on association grounds, which is open for training, to identify each horse working out and to accurately record the distances and times of each horse's workout.

     (2) Each day, the clocker(s) shall prepare a list of workouts that describes the name of each horse which worked, along with the distance and time of each horse's workout.

     (3) At the conclusion of training hours, the clocker shall deliver a copy of the list of workouts to the stewards and the racing secretary.

     (4) The clocker(s) and his/her representative shall report the time and distance of the horse that best represents the workout which is in the best interest of the public.

     (5) Whenever training occurs at other than a racing association within its scheduled race meet and training dates, only individuals licensed by the commission may clock workouts. Off-season clocking can only be performed at approved training centers, in the method prescribed by the commission, and in compliance with WAC 260-40-100. Prior to conducting off-season clocking, all clockers must be approved and licensed by the commission. Approval shall be based on the clockers' knowledge of and proficiency in performing clocking activities.

[Statutory Authority: RCW 67.16.040. 00-20-028, § 260-24-650, filed 9/27/00, effective 10/28/00; 98-01-145, § 260-24-650, filed 12/19/97, effective 1/19/98.]

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