PERMANENT RULES
Purpose: To amend WAC 260-60-300 Who may claim to allow authorized agents to claim more than one horse, if done on the behalf of different owners, to allow up to two claims to be filed on behalf of a training stable, and to more than two horses in the same interest or under the control of the same trainer to start in a claiming race.
Citation of Existing Rules Affected by this Order: Repealing WAC 260-60-320; and amending WAC 260-60-300.
Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.
Adopted under notice filed as WSR 05-03-028 on January 10, 2005.
Changes Other than Editing from Proposed to Adopted Version: The following subsections were changed from the proposed version: Subsection (5) "prospective owner" was added; subsection (6) "an authorized agent shall not make a claim on the same horse for different owners" was added; and subsection (7) the term "training" was added to better describe a stable, and the language, "but trained by the same trainer" was removed.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: March 10, 2005.
R. M. Leichner
Executive Secretary
OTS-7684.5
AMENDATORY SECTION(Amending WSR 04-24-019, filed 11/22/04,
effective 12/23/04)
WAC 260-60-300
Who may claim.
((Who may claim: Owner,
authorized agent or prospective owner possessing a claiming
certificate.))
(1) In claiming races, any horse is subject to be claimed
for its entered price by any owner ((at that meeting))
licensed by the commission, including a prospective owner who
has been issued a claiming certificate, or by a licensed
authorized agent for the account of such owner. ((For the
purpose of this rule an "owner" shall be deemed to be an owner
as defined in WAC 260-12-010. Furthermore, such owner shall
be registered in good faith for racing and has had a horse or
horses occupying assigned stall space for the race meeting. The right to claim shall not be forfeited even though all
horses occupying such stall space may have been eliminated.))
(2) ((In addition to the above rule, any horse is subject
to be claimed by a person or a licensed authorized agent for
the account of such person, providing such person has applied
to and has been approved by the commission as a prospective
owner and has been issued a claiming certificate.)) In order
to claim a horse as a prospective owner, a person shall submit
to the stewards a completed application for a prospective
owner's license and the name of a licensed trainer who will
assume the care and responsibility for any horse claimed. The
stewards shall issue a claiming certificate to the applicant
upon satisfactory evidence that the applicant is eligible for
an owner's license. Once the prospective owner has
successfully claimed a horse and made payment of labor and
industry fees due, he/she shall be considered an owner. At
that time the owner should contact a commission office for a
new identification badge.
(3) The names of ((persons obtaining)) licensed
prospective owners who have been issued a claiming certificate
shall be prominently displayed in the offices of the
commission and the racing secretary. ((Once the prospective
owner has successfully claimed a horse he/she must secure an
owner's license on a timely basis. An applicant for a claim
certificate shall submit to the Stewards:
(a) A completed application for a claiming permit and the
licensing fee;
(b) The name of a licensed trainer who will assume the
care and responsibility for any horse claimed;
(c) The stewards shall issue a claim certificate upon
satisfactory evidence that the applicant is eligible for an
owner's license;
(d) The claim)) (4) A claiming certificate shall expire
with the conclusion of the race ((meeting)) meet at which it
was issued, ((or)) upon the claim of a horse, or upon issuance
or denial of an owner's license, whichever comes first((;
(e) A claim certificate may be renewed by the stewards
during the same year with no additional fee;
(f) A claiming certificate may be issued to a person who
had been licensed as an owner during a previous race meet)).
(5) No owner or prospective owner shall claim more than one horse in any one race.
(6) An authorized agent may claim up to two horses, if each horse is claimed on behalf of a different owner, as long as the owners do not have a common interest. An authorized agent shall not make a claim on the same horse for different owners.
(7) When a training stable consists of horses owned by more than one person, not more than two claims may be entered on behalf of such training stable in any one race.
(8) In claiming races not more than two horses in the same interest or under the control of the same trainer can start.
[Statutory Authority: RCW 67.16.020. 04-24-019, § 260-60-300, filed 11/22/04, effective 12/23/04. Statutory Authority: RCW 67.16.040. 96-12-008, § 260-60-300, filed 5/23/96, effective 6/23/96.]
The following section of the Washington Administrative Code is repealed:
WAC 260-60-320 | Limit to number. |