WSR 08-09-138

PREPROPOSAL STATEMENT OF INQUIRY

HORSE RACING COMMISSION


[ Filed April 23, 2008, 8:49 a.m. ]

Subject of Possible Rule Making: WAC 260-70-630 Threshold levels.

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: Recently the commission amended WAC 260-70-630 (WSR 08-05-091, filed on February 15, 2008, effective June 1, 2008) to add threshold levels for androgenic-anabolic steroids. At that time the commission added language to allow intact male horses to have up to forty-five nanograms of nandrolone (durabolin) per milliliter of urine in post-race test samples. The amendment was based on the model rule developed by the Racing Medication and Testing Consortium (RMTC) and adopted by the Association of Racing Commissioners International (ARCI). The commission recently discovered that both the RMTC and ARCI erred by not specifying that the permitted concentration was in the nandrolone metabolite.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Robert J. Lopez, Deputy Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, phone (360) 459-6462, fax (360) 459-6461, rlopez@whrc.state.wa.us.

April 23, 2008

R. J. Lopez

Deputy Secretary

Washington State Code Reviser's Office