HORSE RACING COMMISSION

[Filed November 28, 2018, 11:12 a.m.]

Preproposal statement of inquiry was filed as WSR 18-11-085.

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

Hearing Location(s): On January 11, 2019, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.

Date of Intended Adoption: January 11, 2019.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email doug.moore@whrc.state.wa.us, fax 360-549-6461, by January 3, 2019.

Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, email patty.brown@whrc.state.wa.us, by January 3, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To move policy statement 2011-01 into WAC.

Reasons Supporting Proposal: Policy statement has been in place for seven years that allow[s] the board of stewards to approve a horse to race unshod for valid reasons.

Statutory Authority for Adoption: RCW 67.16.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, 360-459-6462.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related.

AMENDATORY SECTION(Amending WSR 11-09-042, filed 4/15/11, effective 5/16/11)

WAC 260-44-150Horseshoes.

(1) A horse starting in a race must be fully shod with racing plates, unless approval, as described in this subsection, is obtained to allow for any other condition relating to horseshoes. Horses racing partially, or completely unshod, must be approved by the official veterinarian, declared at time of entry and noted in the official program with the following exception:

The board of stewards, in consultation with the official veterinarian and the trainer, may allow a horse to race when it has been discovered the horse has loosened or lost a shoe in the receiving barn or paddock and a repair cannot be done. If the stewards allow a horse to run unshod, the public must be notified immediately.

(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 two millimeters, worn on the front shoes of thoroughbred horses while racing or training on any surface or conditions are prohibited.