WSR 05-05-048



[ Filed February 14, 2005, 3:15 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-01-154.

Title of Rule and Other Identifying Information: WAC 260-36-200 Provisional owner's license.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on April 14, 2005, at 9:30 a.m.

Date of Intended Adoption: April 14, 2005.

Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail, fax (360) 459-6461, by April 12, 2005.

Assistance for Persons with Disabilities: Contact Patty Sorby by April 12, 2005, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of amending WAC 260-36-200 Provisional owner is (1) to define, in rule, a provisional owner; (2) to designate who is authorized to issue a provisional owner's license; (3) to designate the minimum information required for a provisional owner's license; and (4) to require a provisional owner to complete the application process. The changes to this section are intended to clarify who is a provisional owner, how a provisional owner's license is obtained and establish a requirement that the provisional owner, once issued a license is required to complete the application process.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Statute Being Implemented: None.

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

Name of Proponent: Washington Horse Racing Commission, governmental.

Name of Agency Personnel Responsible for Drafting: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

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

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

February 14, 2005

R. M. Leichner

Executive Secretary


AMENDATORY SECTION(Amending WSR 91-03-033, filed 1/9/91, effective 1/22/91)

WAC 260-36-200   Provisional owner's license.   A provisional owner's license is intended to allow an individual to enter a horse in Washington races for a period of time not to exceed fourteen days. The ((stewards)) commission or its designee may issue a provisional owner's license for a period of fourteen days based on an application completed by ((the)) a trainer representing the owner and payment of all license ((fees)), fingerprint and labor and industries fees ((due, provided that the trainer signs a statement that he or she is authorized on behalf of the owner to execute the application and that the trainer is familiar with the truth of the contents of the application)). The trainer shall provide the commission, at a minimum, the name, address, telephone number and date of birth of the owner. The provisional owner shall have fourteen calendar days from the date the license is issued to send to the commission a completed application, signed by the owner, and if directed, a set of fingerprints.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 91-03-033, 260-36-200, filed 1/9/91, effective 1/22/91.]

Washington State Code Reviser's Office