WSR 06-17-088

PREPROPOSAL STATEMENT OF INQUIRY

HORSE RACING COMMISSION


[ Filed August 14, 2006, 3:48 p.m. ]

Subject of Possible Rule Making: WAC 260-24-510 Stewards and 260-08-675 Hearing before the commission, the commission intends to amend one or both of these sections to allow the executive secretary discretion when to allow a stay when a person has filed a challenge of a stewards' ruling.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 67.16.020.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The penalty for a rule violation (fine or suspension) and the stay are two independent issues and the payment of a fine or the commencement of a suspension should not be delayed simply because a person has challenged a steward's ruling. The decision to grant a stay of a fine or suspension is an independent decision that needs to be made on a case-by-case basis. The commission contemplates giving the executive secretary wide discretion is [in] whether to grant a stay of the stewards' discipline, when a challenge of a stewards' ruling is filed.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Robert J. Lopez, Administrative Services Manager, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, phone (360) 459-6462, fax (360) 459-6461, rlopez@whrc.state.wa.us.

August 14, 2006

R. J. Lopez

Deputy Secretary

Washington State Code Reviser's Office