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

     Purpose: To amend WAC 260-28-295 to require the trainer to file a report with the Jockey Club anytime a horse is gelded, and ensure all employees are properly licensed for the duties the employee(s) performs.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-28-295.

     Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

      Adopted under notice filed as WSR 08-02-014 on December 21, 2007.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 14, 2008.

R. J. Lopez

Deputy Secretary

OTS-1221.1

AMENDATORY SECTION(Amending WSR 07-03-065, filed 1/16/07, effective 2/16/07)

WAC 260-28-295   Trainer responsibility.   The purpose of this section is to identify the minimum responsibilities of the trainer that pertain specifically to the health and well-being of horses in his/her care.

     (1) The trainer is responsible for and is the absolute insurer of the condition of the horses entered regardless of the acts of third parties.

     (2) The trainer is responsible for the condition of horses in his/her care.

     (3) The trainer is responsible for the presence of any prohibited drug, medication, or other prohibited substance, including permitted medication in excess of the maximum allowable concentration, in horses in his/her care. A positive test for a prohibited drug, medication or substance, including permitted medication in excess of the maximum allowable concentration, as reported by a commission-approved laboratory, is prima facie evidence of a violation of this rule. In the absence of substantial evidence to the contrary, the trainer will be held responsible.

     (4) A trainer will prevent the administration of any drug or medication or other prohibited substance that may cause a violation of these rules.

     (5) A trainer whose horse has been claimed remains responsible for violation of any rules regarding that horse's participation in the race in which the horse is claimed.

     (6) The trainer is responsible for:

     (a) Maintaining the assigned stable area in a clean, neat and sanitary condition at all times;

     (b) Using the services of those veterinarians licensed by the commission to attend to horses that are on association grounds;

     (c) The proper identity, custody, care, health, condition and safety of horses in his/her care;

     (d) Immediately reporting the alteration of the sex of a horse to the horse identifier and the racing secretary;

     (e) Promptly reporting to the racing secretary and an official veterinarian when a posterior digital neurectomy (heel nerving) is performed on a horse in his/her care and ensuring that such fact is designated on its certificate of registration;

     (f) Promptly report to the racing secretary, when mares who have been entered to race, have been bred;

     (g) If a colt or horse has been gelded, promptly submit a completed gelding report to The Jockey Club Office, or report the fact to the racing secretary;

     (h) Promptly reporting the serious injury and/or death of any horse at locations under the jurisdiction of the commission to the stewards and the official veterinarian and compliance with the rules in this chapter governing postmortem examinations;

     (((h))) (i) Maintaining knowledge of the medication record and medication status of horses in his/her care;

     (((i))) (j) Immediately reporting to the stewards and the official veterinarian knowledge or reason to believe, that there has been any administration of a prohibited medication, drug or substance;

     (((j))) (k) Ensuring the fitness to perform creditably at the distance entered;

     (((k))) (l) Ensuring that every horse he/she has entered to race is present at its assigned stall for a prerace soundness inspection as prescribed in chapter 260-70 WAC;

     (((l))) (m) Ensuring proper bandages, equipment and shoes; ((and

     (m))) (n) Attending the collection of a urine or blood sample or delegating a licensed employee or the owner to do so; and

     (o) Ensuring that any person employed by him/her is properly licensed to perform the duties assigned.

[Statutory Authority: RCW 67.16.020. 07-03-065, § 260-28-295, filed 1/16/07, effective 2/16/07.]

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