Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-24-020.

     Title of Rule and Other Identifying Information: Chapter 260-40 WAC, Entries, starts, declarations, and scratches.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on March 8, 2007, at 9:30 a.m.

     Date of Intended Adoption: March 8, 2007.

     Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail dmoore@whrc.state.wa.us, fax (360) 459-6461, by March 5, 2007.

     Assistance for Persons with Disabilities: Contact Patty Sorby by March 6, 2007, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update chapter 260-40 WAC to reflect clear language and to amend sections to comply with current standards in the industry.

     Reasons Supporting Proposal: Updates the chapter to be consistent with the model rules of racing where applicable. Increases the number of entries allowed by a single trainer in higher class racing in an attempt to increase field size in these categories. Also deletes language in several sections that is outdated and no longer practical.

     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: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert 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.

January 23, 2007

Douglas L. Moore

Management Analyst

OTS-8650.4

     (2) For stake races, if a horse is not named through the entry box ((the day before the race at the usual time of closing)) before the close of entries for that race, the horse is automatically out.

     (3) ((The declaration of a horse out of an engagement is irrevocable.

     (4) All horses must be scratched at designated scratch time set by racing secretary.

     (5) If the miscarriage of any declaration by mail or otherwise is alleged, satisfactory proof of such miscarriage shall be required of the complainant, otherwise, the declaration shall not be accepted as of the time alleged.

     (6) Any trainer who has entered a horse, will be allowed the right and privilege of scratching from said race prior to scratch time, until there remain in the race only eight interests. If there are more requests to withdraw than are available, permission to withdraw shall be decided by lot. However, in all races involving the daily double, no entry may be withdrawn that would reduce the starting field to less than the number designated by the racing secretary, without permission of the stewards. No other entries will be excused as provided above except upon receipt of a veterinarian's certificate of unfitness, change of track conditions since time of entry or other causes acceptable to the stewards.)) If the validity of any nomination is alleged, the complainant must provide satisfactory proof of the error that is alleged; otherwise, the nomination will be accepted.

     (4) Any owner, trainer, or authorized agent who has entered a horse will be allowed the right to scratch the horse from the race entered prior to the published scratch time, until there remains in the race no fewer than eight interests. If there are more requests to scratch than are available, permission to scratch must be decided by lot. However, in all races involving the daily double, no entry may be scratched that would reduce the starting field to less than the number designated by the racing secretary, without permission of the board of stewards. No other entries will be excused as provided above except upon receipt of a veterinarian's certificate of unfitness, change of track conditions since time of entry or other causes acceptable to the board of stewards.

     (5) All horses must be scratched by the designated scratch time set by the racing secretary.

     (6) If the racing secretary does not designate a scratch time, no horse will be allowed to scratch without permission of the board of stewards.

     (7) The scratch of a horse out of an engagement is irrevocable.

[Rules of racing, §§ 82 through 87, filed 4/21/61.]

[Rules of racing, § 93, filed 4/21/61.]

     (2) The racing secretary may refuse the entry of any person, or the transfer of any entry for reasons deemed, by the racing secretary, to be in the best interest of racing.

[Rules of racing, § 94, filed 4/21/61.]

     (2) Entries may be made by telephone ((or telegraph,)) but must be confirmed ((promptly)) in writing prior to the closing of entries.

[Rules of racing, §§ 95, 96, filed 4/21/61.]

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     (3) All owners of a horse are individually and collectively responsible for any fees resulting from nominations, entries, or starting fees.

[Rules of racing, § 97, filed 4/21/61.]

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     (2) A coupled entry may not exclude a single entry, except in a race where the conditions are specific as to preference.

     (3) At the time of making a same ownership entry, the trainer, owner, or authorized agent must select which horse will run in the event the coupled entry is not allowed.

     (4) A trainer, owner, or authorized agent may not enter and start more than two horses of the same or separate ownership in a purse race or overnight event, except under the following conditions:

     (a) Stake races;

     (b) Races in which there are fees required to nominate or enter; and

     (c) Allowance/optional claiming or maiden special weight races. In these races a trainer may not enter more than three horses. The third entry may not exclude a single entry, or be allowed if there are less than seven entries received prior to the entry of the trainer's third horse.

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     (2) ((That all horses be classified on a racing program by clear definitions.)) All horses must have their complete description and a corresponding program number listed in the official racing program.

     (3) For racing ((purposes)) and programming purposes, horses ((shall)) will be designated as follows:

     (a) Male - horse, colt, gelding or ridgling((.)); or

     (b) Female - filly or mare.

[Rules of racing, § 99, filed 4/21/61; Subsections (2) and (3) added, filed 3/11/65.]

     (2) The person who enters the horse is responsible to list permitted medications and equipment changes at the time of entry.

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[Order 3, § 260-40-090, filed 5/12/69; Rules of Racing, § 101, filed 4/21/61.]

     (1) The owner((/))and/or trainer of any horse which has started at a track not reported in the daily racing form or equibase since its last start at a recognized track((,)) must furnish the racing secretary, prior to the entry of such horse ((to any)) in a race in this state, performance records of said horse's races during the past year((,)) or their last two starts, including published races, showing date, distance, finishing position and time. If such records are not provided, the horse will be ineligible to start.

     (2) For thoroughbreds, a horse which wins a race at a Class C track within the state, ((shall)) with the exception of its maiden win, will not be penalized for such winnings in races run at any other ((meeting)) race meet other than a Class C track. The maiden classification will be lost by winning a race at any track whose results are published in the daily racing form or equibase. A horse, which wins a race at a track with results not reported in the daily racing form or equibase, outside this state, ((shall)) will not be penalized for such winnings except at Class C tracks. All winnings in races conducted outside the state of Washington and under the authority of a recognized racing jurisdiction will count with regards to a horse's eligibility. For other breeds, all wins, including the maiden wins, ((shall)) will be counted in considering eligibility at all racing association meets in the state of Washington if the win is recognized by the Arabian Jockey Club, the American Quarter Horse Association, the Appaloosa Horse Club, or other breed registry ((as authorized)) recognized by the commission.

     (3) Performance records for races which are not reported in the daily racing form and/or equibase ((shall)) will be published in the official program of the racing association or posted and announced ((no later than the time that wagering opens for that day's racing. No horse may be permitted to enter in a race whose recent workouts have not been properly recorded with the commission)).

     (4) All wins ((shall)) will be considered in eligibility requirements of horses running at Class C racing association meets.

     (((5) A horse shall not start unless it has participated in an official or recognized race or has a published or stewards approved workouts, which meet the following criteria:

     (a) A horse that has not run in an official or recognized race must have two official workouts, and at least one such workout must be held thirty days prior to race day.

     (b) A horse that has not started in an official or recognized race for a period of sixty days or more must have a published or steward approved workout held thirty days prior to race day.

     (6) The workout must have occurred at a parimutuel or commission recognized facility.

     The association may impose more stringent workout requirements.

     The trainer or trainer's designee shall be required to identify horse's registered name, the distance the horse is to be worked and the point on the track where the workout will start.

     A horse shall not be taken onto the track for training or a workout except during the hours designated by the association.))

[Statutory Authority: RCW 67.16.020. 04-09-026, § 260-40-100, filed 4/13/04, effective 5/14/04. Statutory Authority: RCW 67.16.040. 00-07-039, § 260-40-100, filed 3/6/00, effective 4/6/00; 95-18-016, § 260-40-100, filed 8/24/95, effective 9/24/95. Statutory Authority: RCW 67.16.020 and 67.16.040. 86-09-072 (Order 86-02), § 260-40-100, filed 4/21/86. Statutory Authority: RCW 67.16.020. 78-08-089 (Order 78-2), § 260-40-100, filed 7/31/78; Order 74.2, § 260-40-100, filed 10/30/74, effective 1/1/75; Rules of racing, §§ 102, 103, filed 4/21/61; Subsection (4) added, filed 3/11/65.]

     (2) A horse, which has not started for a period of sixty days or more will be ineligible to race until the horse has completed a timed workout approved by the stewards prior to the day of the race in which the horse is entered and the workout must have occurred within thirty days of race day.

     (a) A horse that has never started in a recognized race must have two official workouts, one of which must be recorded from the starting gate, and at least one workout must have occurred within thirty days of race day.

     (b) The association may impose more stringent workout requirements prior to entries.

     (3) The trainer or exercise rider must report the name, distance, and starting point, for each horse scheduled for a workout to the clocker immediately prior to working.

     (4) A horse may not be taken onto the track for training or a workout except during the hours designated by the association. When association grounds are open for training, a licensed clocker or commission clocker must be present for any workouts to be considered official. If no clocker is present, the horse may train, but the workout will not be accepted as an official workout.

     (5) During a racing association's scheduled race meet and training dates, workouts occurring off the grounds will only be accepted for the purposes of that meet if recorded and submitted to the racing secretary and/or commission by a licensed clocker.

     (6) The association must furnish to the public information on all official workouts not listed in the daily racing form prior to the start of the race for which the horse is entered.

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     (2) No horse may start in a race unless the licensed trainer saddles the horse. The stewards may approve a substitute trainer who may saddle the horse.

[Rules of racing, § 104, filed 4/21/61.]

     (2) All horses ((shall)) must be properly tattooed by the thoroughbred racing protective bureau or an approved breeding association, or freeze marked in a manner ((which)) that meets the standards of the National Crime Information Center. ((Responsibility in the matter of establishing either the identity of a horse or its complete and actual ownership shall be as binding on the persons so identifying or undertaking to establish the identity of a horse as it is on the person having the horse requiring identification. The same penalty shall apply to any party engaging in fraud or attempt at fraud.))

     (3) No horse may start unless ownership is first established.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 81-15-034 (Order 81-06), § 260-40-120, filed 7/10/81; Rules of racing, § 105, filed 4/21/61.]

     (2) A horse that has previously started must be present on the grounds five hours prior to the post time for the race the horse is entered for racing.

[Rules of racing, § 106, filed 4/21/61.]

[Rules of racing, § 108, filed 4/21/61.]

     (c) For the purposes of paragraphs (a) and (b) above, the "name" of the horse means the name reflected in the registration certificate or racing permit issued with respect to the horse in question by the jockey club.)) (1) No horse will be allowed to enter or start if it has been fraudulently entered or raced in any jurisdiction under a different name, with an altered registration certificate or altered lip tattoo or other identification method approved by the appropriate breed registry and the commission.

     (2) No horse may be allowed to enter or start if its owner, lessor(s), or trainers have not been licensed as required by the commission.

[Order 73.7, § 260-40-145, filed 12/3/73.]

     (2) ((If any)) An entry from ((any)) a disqualified person or for a disqualified horse ((is received, such entry shall)) must be deemed void and any ((money)) fees paid ((for such entry shall be returned if the disqualification is disclosed forty-five minutes before post time for the race. Otherwise, any such money shall)) must be paid to the winner.

     (3) A horse is ineligible to start in a race when it is wholly or partially owned by the spouse of a disqualified person or a horse is under the direct or indirect management of the spouse of a disqualified person((,)). In such cases, it ((being)) is presumed that the disqualified person and spouse constitute a single financial entity with respect to the horse((, which)). The presumption may be rebutted upon presenting satisfactory evidence to the board of stewards that the disqualified person has no financial interest in the horse, and is not involved in managing the horse.

     (4) If a horse is sold to a disqualified person, the horse's racing engagements will be void effective the date of the sale.

[Statutory Authority: RCW 67.16.020. 04-07-076, § 260-40-160, filed 3/15/04, effective 4/15/04; Rules of racing, §§ 110, 111, 112, filed 4/21/61.]

[Rules of racing, § 114, filed 4/21/61.]

[Order 4, § 260-40-185, filed 12/24/69.]

     (2) Nomination and entrance ((money is)) fees may not be refunded ((on)) due to the death of a horse, or ((his)) a horse's failure to start.

     (3) The ((nominator)) owner is liable for the nomination and/or entrance ((money or stake, and)) fees. The death of a horse or a mistake in its entry ((when eligible,)) does not release the ((subscriber or transferee)) owner from ((liability for stakes, and the entrance money to a purse that is run off shall not be returned on the death of a horse or its failure to start for any cause whatever)) having to pay these fees.

[Rules of racing, §§ 120, 121, 122, filed 4/21/61.]

     (2) ((In the absence of notice to the contrary entrance and declarations for sweepstakes, which close during or on the eve of a race meeting,)) Entries and nominations close at the office of the racing secretary((, who shall make provision therefor)). Closing ((at all other times for sweepstakes shall be)) for restricted breed association sponsored stake races may close at the office of the association sponsoring the stake race if advertised in the conditions.

     (3) When ((an hour)) a time for closing is designated, entries and ((declaration for sweepstakes cannot be received afterwards; but if an hour)) nominations will not be accepted thereafter. In the event that a time is not designated, they may be mailed or ((telegraphed)) faxed up to midnight of the day of closing, provided they are received in time for compliance with every other condition of the race.

     (4) If ((a miscarriage of any)) an entry ((of declaration in a stake)) or nomination is alleged to be invalid, satisfactory proof that it was ((mailed or telegraphed)) entered, mailed, or faxed must be presented to the board of stewards within a reasonable time or ((it shall)) the complaint will not be ((received)) allowed.

     (5) Entries ((which)) that have closed ((shall)) must be compiled without delay by the racing secretary and conspicuously posted.

[Rules of racing, §§ 123, 124, 125, 126, 127, filed 4/21/61.]

     (2) ((If the number of entries to any purse race is in excess of the number of horses that may, because of track limitations, be permitted to start, the "starters" for the race and their post positions shall be determined by lot in the presence of those making the entries. The same methods shall be employed in determining the starters and post positions in split races.)) The maximum number of starters in any race shall be limited to the number of starting positions afforded by the association starting gate and its extensions. The number of starters may be further limited by the number of horses which, in the opinion of the stewards, can be afforded a safe, fair and equal start.

     (3) A list of names not to exceed six may be drawn from the overflow entries in any purse race and listed as also eligible to start ((as)) if originally carded horses are withdrawn((, but)). The order in which such horses ((so)) are drawn ((shall become eligible)) will determine their eligibility to start ((and)). Their post position ((shall)) will be determined as provided by ((the provisions of)) WAC 260-52-020. Any owner, trainer, or ((his)) authorized agent having a horse so eligible and who does not wish to start, ((shall)) must file a scratch card not later than the scratch time designated for that day, or seek permission from the stewards to scratch as required by WAC 260-40-010.

[Rules of racing, §§ 128, 129, 130, filed 4/21/61.]

     (1) Is not in ((serviceably)) physically sound and competitive racing condition.

     (2) Has been trachea-tubed.

     (3) Has been nerved except as provided in (a) and (b) of this subsection.

     (a) Horses that have had a digital neurectomy (heel nerves) may be permitted to race subject to the prerace veterinary examination.

     (b) Horses that have been nerved, blocked with alcohol or any other medical drug that desensitizes the nerves above the ankle will not be permitted to race.

     (4) Has impaired eyesight in both eyes.

     (5) Has been treated by extracorporeal shock wave therapy or radial pulse wave therapy other than allowed in WAC 260-70-545(4).

[Statutory Authority: RCW 67.16.040. 90-19-001, § 260-40-280, filed 9/6/90, effective 10/7/90; Rules of racing, § 177, filed 4/21/61.]

     The following sections of the Washington Administrative Code are repealed:

WAC 260-40-060	Joint subscriptions and entries.
WAC 260-40-080	Refusal of entries and transfers.
WAC 260-40-150	Compliance with partnership registration.
WAC 260-40-190	Sale to disqualified person voids engagements.
WAC 260-40-200	Double entries.

© Washington State Code Reviser's Office