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

     Purpose: To amend WAC 260-40-040 to incorporate language previously contained in a policy/interpretive statement and to allow the racing secretary to accept entries and nominations from electronic methods.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-40-040 Making entries and nominations.

     Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

      Adopted under notice filed as WSR 08-23-050 on November 14, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 8, 2008 [2009].

R. J. Lopez

Executive Secretary

OTS-1992.1

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.]

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