WSR 08-23-050



[ Filed November 14, 2008, 8:42 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-20-073.

Title of Rule and Other Identifying Information: WAC 260-40-040 Making entries and nominations.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 8, 2009, at 9:30 a.m.

Date of Intended Adoption: January 8, 2009.

Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail, fax (360) 459-6461, by January 5, 2009.

Assistance for Persons with Disabilities: Contact Patty Sorby by January 5, 2009, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend WAC 260-40-040 to (1) incorporates language in a current policy/interpretive statement; and (2) clarifies the many different methods current technology affords owners and trainers in making entries and nominations (of horses for races).

Reasons Supporting Proposal: (1) The proposal includes language in a long-standing policy/interpretive statement into rule; and (2) allows the owner or trainer to utilize modern technology to make entries and nominations.

Statutory Authority for Adoption: RCW 67.16.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington horse racing commission, governmental.

Name of Agency Personnel Responsible for Drafting: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

November 14, 2008

R. J. Lopez

Deputy Secretary


AMENDATORY SECTION(Amending WSR 07-07-010, filed 3/8/07, effective 4/8/07)

WAC 260-40-040   Making entries and nominations.   (1) Entries and nominations must be ((made)) submitted in writing on the forms provided by the association and signed by the owner, trainer or ((designee)) if designated, the jockey agent. ((Each association will provide blank forms on which entries and declarations are made.)) The racing secretary may accept entries and nominations by telephone, facsimile or other electronic method deemed acceptable by the association. A telephone or electronic entry or nomination will be confirmed promptly in writing if requested by the stewards or the racing secretary.

(2) ((Entries may be made by telephone but must be confirmed in writing prior to the closing of entries.)) Persons entering or nominating a horse are responsible for the accuracy of the information provided at the time of entry or nomination.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-010, 260-40-040, filed 3/8/07, effective 4/8/07; Rules of racing, 95, 96, filed 4/21/61.]

Washington State Code Reviser's Office