HORSE RACING COMMISSION

[Filed November 16, 2020, 10:43 a.m.]

Preproposal statement of inquiry was filed as WSR 20-16-050.

Title of Rule and Other Identifying Information: WAC 260-28-020 Registration fees and restrictions.

Hearing Location(s): On January 8, 2021, at 9:30 a.m., via Zoom teleconference. Link will be available at www.whrc.wa.gov on Monday, January 4, 2021.

Date of Intended Adoption: January 8, 2021.

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, 2021.

Assistance for Persons with Disabilities: Contact Melanie Bowdish, phone 360-459-6462, fax 360-459-6461, email melanie.bowdish@whrc.state.wa.us, by January 5, 2021.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Allows for multiple unique ownership groups to race under on [one] individual stable name.

Reasons Supporting Proposal: Streamlines the licensing process of the popular "syndicate" style ownership groups and allows a stable manager to oversee the duties of multiple ownership groups under racing under on [one] name.

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 14-03-057, filed 1/13/14, effective 2/13/14)

WAC 260-28-020Stable names—Registration fees and restrictions.

Licensed owners and lessees may adopt a stable name subject to the approval of the stewards.

(1) Four or more owners are required to race under a stable name.

(2) The applicant must identify all persons using the stable name. Changes must be reported immediately to the commission.

(3) Application for a stable name must include a designation of a managing owner and an address. Receipt of any correspondence, notice or order at such address will constitute official notice to all persons involved in the ownership of such horse.

(4) A single stable name may be used for more than one unique ownership group under the following conditions:

(a) An individual must be designated as the "stable manager" who will be responsible for all actions of the stable. The "stable manager" must obtain an authorized agents license with the authority that allows them to act in all duties of the stable;

(b) The stable manager must report to the commission each individual owner and percentage owned of all horses listed by the stable;

(c) The stable manager will be responsible to ensure all expenses and bills are paid by the stable and to disperse any purse money, bonuses, or other funds awarded the stable; and

(d) The horseman's bookkeeper will provide any owner that requests a copy of activity of the stable account but is not required to separate the stable account by unique ownership groups.

(5) All persons with an ownership interest in the stable name must comply with all rules regarding licensing of owners.

(((5)))(6) A person who has registered a stable name may cancel it upon written notice to the commission.

(((6)))(7) The stewards will not approve a stable name that has been registered by any other person with any association conducting a recognized race meeting.

(((7)))(8) When applying for a stable name that may be deemed as being used for advertising purposes, the requestor may be required to provide documentation from the business or other entity that they have permission to use said name.

(((8)))(9) A stable name must be clearly distinguishable from other stable names.