Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-09-008.

     Title of Rule and Other Identifying Information: New section WAC 260-28-290 Trainer -- Ownership interests.

     Hearing Location(s): Peppertree Auburn Inn, 401 8th Street S.W., Auburn, WA 98001, on August 11, 2005, at 9:30 a.m.

     Date of Intended Adoption: August 11, 2005.

     Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rlopez@whrc.state.wa.us, fax (360) 459-6461, by August 8, 2005.

     Assistance for Persons with Disabilities: Contact Patty Sorby by August 8, 2005, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To regulate when a trainer, with ownership interest in a horse, may allow that horse to run in a race where the trainer is licensed.

     Reasons Supporting Proposal: This new section is intended to strictly control when a trainer with ownership interest in a horse may allow that horse to run in a race at a race meet where the trainer is licensed as a trainer.

     Statutory Authority for Adoption: RCW 67.16.020.

     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.

June 16, 2005

R. M. Leichner

Executive Secretary

OTS-8004.1

NEW SECTION
WAC 260-28-290   Trainer -- Ownership interest.   A trainer who has ownership interest, in part or in whole, in a horse on the grounds of any racetrack during its licensed race meet shall be prohibited from allowing that horse to be trained and run under the control of another trainer, who is also licensed as a trainer at the same track. The horse may be entered and allowed to run in a race only when the horse is trained solely by the trainer with ownership interest in the horse. A horse that is owned by more than one trainer shall be prohibited from running in a race at the same track where the trainers are licensed.

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