WSR 11-23-115



[ Filed November 21, 2011, 10:36 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-18-030.

Title of Rule and Other Identifying Information: WAC 260-40-155 The effect of wins on eligibility.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 13, 2012, at 9:30 a.m.

Date of Intended Adoption: January 13, 2012.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail, fax (360) 459-6461, by January 10, 2012.

Assistance for Persons with Disabilities: Contact Patty Sorby by January 10, 2012, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To include Class C racing wins to count against thoroughbreds in mixed breed races at Class A and B tracks.

Reasons Supporting Proposal: Ensures equality in determining eligibility between thoroughbreds and quarter horses which enter into mixed breed races at the Class A and B tracks.

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 21, 2011

Douglas L. Moore

Deputy Secretary


AMENDATORY SECTION(Amending WSR 09-05-065, filed 2/13/09, effective 3/16/09)

WAC 260-40-155   The effect of wins on eligibility.   (1) For thoroughbreds, all wins at a Class C race meet in the state or a fair meet in the state of Oregon will not be considered in determining any eligibility at a Class A or B race meet, with the ((only)) exceptions ((that)):

(a) Any horse which has won a race at a recognized race meet may not compete in a maiden race.

(b) Thoroughbreds running at a Class A or B race meet in a mixed breed race, all wins at any recognized meet will be considered in eligibility requirements.

(2) All wins at any recognized race meet will be considered in eligibility requirements of horses running at Class C race meets.

(3) For other breeds, all wins, including maiden wins, will count in eligibility at all race meets, if the win is recognized by the breed registry association listed in WAC 260-16-050(2).

[Statutory Authority: RCW 67.16.020 and 67.16.040. 09-05-065, 260-40-155, filed 2/13/09, effective 3/16/09.]

Washington State Code Reviser's Office