WSR 12-14-007



[ Filed June 21, 2012, 11:01 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-10-055.

Title of Rule and Other Identifying Information: Chapter 260-28 WAC, Ownerships, trainers and employees and WAC 260-40-145 Prohibited entry of certain horses.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on August 10, 2012, at 9:30 a.m.

Date of Intended Adoption: August 10, 2012.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail, fax (360) 459-6461, by August 6, 2012.

Assistance for Persons with Disabilities: Contact Patty Sorby by August 6, 2012, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds a new section to chapter 260-28 WAC to give authority to the board of stewards or executive secretary to declare a horse, "retired," for racing purposes based on certain factors to protect the safety of the equine and other participants.

Reasons Supporting Proposal: The industry has struggled to address how to protect horses that have underlying injuries or safety concerns that are gifted or sold with the understanding the horse should not race, and then subsequently is trained and raced at a later date by another owner or trainer. This would place the horse on the "stewards list," permanently to protect the horse and riders by not allowing the horse to enter in a race at a facility under the jurisdiction of the Washington horse racing commission (WHRC).

Statutory Authority for Adoption: RCW 67.16.020.

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

Name of Proponent: [WHRC], 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.

June 21, 2012

Douglas L. Moore

Deputy Secretary


WAC 260-28-095   Retirement of a horse.   At any time an owner or group of owners may decide to retire a horse from racing due to injury, age, or other physiological or behavioral condition(s) that may cause harm to the horse or others if the horse returns to training or racing. The owner(s) who wish to retire a horse can notify the board of stewards, or during their absence the executive secretary. The board of stewards or executive secretary will conduct a ruling conference. At the time of the conference, the owner(s) will present evidence to support the reasons for retirement from applicable professionals; for example, a statement from a licensed veterinarian noting the horse has a condition which makes it unsafe to continue racing in the future. If the stewards or executive secretary issues a ruling declaring the horse "retired" the horse will not be eligible for racing. The owner(s), and any new owner(s) if the retirement is concurrent with a sale or transfer of ownership, will be served a copy of the ruling. All horses retired will be placed permanently on the steward's list as provided in WAC 260-24-510(9). Once a horse is retired it will remain retired and ineligible for racing.



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

WAC 260-40-145   Prohibiting entry of certain horses.   (1) No horse will be allowed to enter or start if it has been fraudulently entered or raced in any jurisdiction under a different name, with an altered registration certificate or altered lip tattoo or other identification method approved by the appropriate breed registry and the commission.

(2) No horse may be allowed to enter or start if its owner, lessor(s), or trainers have not been licensed as required by the commission.

(3) No horse may be allowed to enter or start if the horse has been declared "retired" as provided in WAC 260-28-085.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-010, 260-40-145, filed 3/8/07, effective 4/8/07; Order 73.7, 260-40-145, filed 12/3/73.]

Washington State Code Reviser's Office