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

     Purpose: Address how wins at Class C meets affect the eligibility of thoroughbreds that enter mixed breed races offered at Class A and B meets.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-40-155 The effect of wins on eligibility.

     Statutory Authority for Adoption: RCW 67.16.020.

      Adopted under notice filed as WSR 11-23-115 on November 21, 2011.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 13, 2012.

Douglas L. Moore

Deputy Secretary

OTS-4440.1

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.]

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