PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: WAC 260-40-160(#) Horses owned or managed by disqualified person.
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 current WAC limits entry of a husband or wife while either is disqualified. The court in Levinson v. Horse Racing Commission, 48 Wn.Ap. 822 (1987) held that this WAC interferes with an individual's right to marry. The WAC needs to be amended not as a blanket regulation, but rather narrowly tailored to meet the state interest while not infringing on constitutional guarantees.
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 M. Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462, fax (360) 459-6461.
October 10, 2003
R. M. Leichner