WSR 07-15-041

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed July 13, 2007, 9:02 a.m. , effective August 13, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend WAC 260-36-010 Licensed required, to allow persons employed by an out-of-state racing association and holding a valid license from a recognized racing jurisdiction to work for a Class A or B racing association in this state as a parimutuel clerk for a period not to exceed eight days in a calendar year.

Citation of Existing Rules Affected by this Order: Amending WAC 260-36-010.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 07-11-028 on May 7, 2007.

Changes Other than Editing from Proposed to Adopted Version: Changed the maximum calendar days from four to eight days in a calendar year a person may work as a parimutuel clerk for a Class A or B racing association.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 12, 2007.

R. J. Lopez

Deputy Secretary

OTS-9643.3


AMENDATORY SECTION(Amending WSR 07-01-052, filed 12/14/06, effective 1/14/07)

WAC 260-36-010   License required.   (1) Any person acting in an official capacity or any person participating directly in horse racing must have a valid license, except as provided in subsection (2) of this section.

(2) The following persons are not required to have a license:

(a) Commissioners and employees of the commission ((do not require a license.));

(b) Persons employed by a racing association who only perform duties of concessions, housekeeping, parking, food and beverage, landscaping or similar functions, and do not act in an official capacity or participate directly in horse racing ((are not required to be licensed)); and

(c) Persons employed by an out-of-state racing association and holding a valid license from a recognized racing jurisdiction, who work for a Class A or B racing association as parimutuel clerks for a period not to exceed eight days total in any calendar year.

(3) Decisions regarding who is required to be licensed, if not addressed in this chapter, will be made by the executive secretary. It is a violation of these rules for any person to act in an official capacity or participate directly in horse racing unless licensed by the commission.

[Statutory Authority: RCW 67.16.020. 07-01-052, 260-36-010, filed 12/14/06, effective 1/14/07. Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-010, filed 2/9/06, effective 3/12/06. Rules of racing, 348, filed 4/21/61.]

Washington State Code Reviser's Office