WSR 10-24-036

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed November 22, 2010, 1:51 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-15-056.

Title of Rule and Other Identifying Information: WAC 260-40-180 Horse on veterinarian's list and 260-70-580 Veterinarian's list.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 13, 2011, at 9:30 a.m.

Date of Intended Adoption: January 13, 2011.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail dmoore@whrc.state.wa.us, fax (360) 459-6461, by January 10, 2011.

Assistance for Persons with Disabilities: Contact Patty Sorby by January 10, 2011, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends the timeframe for horses placed on the veterinarian's list for those horses that are not required to work. Due to the changes in entry schedule, the amendment would provide consistency for all horses placed on the veterinarian's list. Stakeholders support these amendments.

Reasons Supporting Proposal: When the original WAC was adopted entry time was forty-eight hours prior to racing, for various reasons the entry schedules now can range from three to seven days prior to racing. By changing the WAC for horses not required to work it would reinstate the intent of the original rule, horses not required to work could not race prior to thirteen days after being placed on the veterinarian['s] list.

Statutory Authority for Adoption: RCW 67.16.020.

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

Name of Proponent: [Horse racing commission], governmental.

Name of Agency Personnel Responsible for Drafting: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert J. Lopez, 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 22, 2010

Douglas L. Moore

Deputy Secretary

OTS-3748.1


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

WAC 260-40-180   Horse on veterinarian's list.   A horse on the veterinarian's list ((may not be)) must comply with WAC 260-70-580 prior to being entered, or ((start)) starting in a race.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-010, 260-40-180, filed 3/8/07, effective 4/8/07; Rules of racing, 114, filed 4/21/61.]

OTS-3749.1


AMENDATORY SECTION(Amending WSR 07-07-036, filed 3/12/07, effective 4/12/07)

WAC 260-70-580   Official veterinarian's list.   (1) An official veterinarian will maintain a list of all horses determined by an official veterinarian to be unfit to compete in a race due to illness, physical distress, unsoundness, infirmity or other medical condition.

(2) A horse may be removed from the veterinarian's list when an official veterinarian determines the horse is capable of competing in a race.

(a) Horses placed on the veterinarian's list that are required to work prior to being removed from the list will remain on the list for a minimum of ten days. (For purposes of counting days, the first day is the day the horse is placed on the veterinarian's list.)

(b) ((After the tenth day, an owner or trainer may request a horse be removed from the veterinarian's list.)) Horses that must work to be removed from the veterinary list due to soreness, lameness, or certain injuries will be allowed to work no sooner than the eleventh day after being placed on the list.

(i) Works should be scheduled with an official veterinarian twenty-four hours in advance.

(ii) Horses must work a minimum distance to be determined by an official veterinarian in a time comparable for the track condition that day.

(iii) A blood test will be taken by an official veterinarian following the workout and medications levels may not exceed permitted post-race levels.

(c) Horses placed on the veterinarian's list that are not required to work may not race for a minimum of thirteen days from the date placed on the list. (For purposes of counting days, the first day is the day the horse is placed on the veterinarian's list.)

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-036, 260-70-580, filed 3/12/07, effective 4/12/07; 06-09-009, 260-70-580, filed 4/10/06, effective 5/11/06; 05-07-067, 260-70-580, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, 260-70-580, filed 4/17/96, effective 5/18/96.]

Washington State Code Reviser's Office