WSR 08-23-051

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed November 14, 2008, 8:43 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-20-046.

     Title of Rule and Other Identifying Information: WAC 260-44-150 Horseshoes.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 8, 2009, at 9:30 a.m.

     Date of Intended Adoption: January 8, 2009.

     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 January 5, 2009.

     Assistance for Persons with Disabilities: Contact Patty Sorby by January 5, 2009, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend WAC 260-44-150 to adopt the model rule on toe grabs from 4mm to 2mm on the front shoes of thoroughbred horses while racing or training on any surface or conditions.

     Reasons Supporting Proposal: In December 2007 the agency amended this section by limiting the size of toe grabs on the front shoes of thoroughbred horses to 4mm. Since then, additional research has suggested that 4mm toe grabs still presents a danger to the legs of race horses. As a result, the Jockey Club Thoroughbred Safety Committee recommended reducing the length of toe grabs from 4mm to 2mm in an effort to reduce the risk of musculoskeletal injury.

     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.

November 14, 2008

R. J. Lopez

Deputy Secretary

OTS-1988.1


AMENDATORY SECTION(Amending WSR 08-01-053, filed 12/13/07, effective 1/13/08)

WAC 260-44-150   Horseshoes.   (1) A horse starting in a race must be fully shod with racing plates.

     (2) During off-track conditions the trainer is required to report any additional traction devices to the board of stewards or designee.

     (3) For turf racing, horses must be shod with racing plates approved by the association.

     (4) Toe grabs with a height greater than ((four)) two millimeters, worn on the front shoes of thoroughbred horses while racing or training on any surface or conditions are prohibited.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 08-01-053, § 260-44-150, filed 12/13/07, effective 1/13/08; 07-07-035, § 260-44-150, filed 3/12/07, effective 4/12/07; 06-07-063, § 260-44-150, filed 3/10/06, effective 4/10/06.]

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