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

     Purpose: Requires association security to maintain a log of individual[s] admitted to the restricted area during late night hours (midnight to 4:00 a.m.).

     Citation of Existing Rules Affected by this Order: Amending WAC 260-20-090.

     Statutory Authority for Adoption: RCW 67.16.020.

      Adopted under notice filed as WSR 13-04-051 on February 1, 2013.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 15, 2013.

Douglas L. Moore

Executive Secretary

OTS-5273.1

AMENDATORY SECTION(Amending WSR 12-23-015, filed 11/9/12, effective 12/10/12)

WAC 260-20-090   Association security.   (1) A racing association conducting a race meet must maintain security controls over its grounds.

     (2) An association will prevent access to, and will remove or cause to be removed from its restricted areas any person who is unlicensed, or who has not been issued a visitor's pass or other identifying credential, or whose presence in such restricted area is unauthorized.

     (3) Class A or B racing associations must provide continuous security in the stable area during all times that horses are stabled on the grounds. An association will require any person entering the stable area to display a valid license or credential issued by the commission or a pass issued by the association.

     (4) Class A or B racing associations must keep a written record, on a form approved by the commission, of all horses admitted to or leaving the stable areas. For horses admitted to the stable areas the log must contain the date, time, names of horses, and barn or name of trainer they are being delivered to. For horses leaving the stable areas the log must contain the date, time, name of horses, and barn or name of trainer they are leaving from. A copy of the completed form(s) must be provided to the commission on a weekly basis. The original log is subject to inspection at any time by the commission.

     (5) All persons and businesses transporting horses on and off the grounds of a racing association are responsible to provide association security, and if applicable, the commission with the names of any horses delivered to or leaving the grounds and the trainer responsible.

     (6) Class A or B racing associations must keep a written record of all individuals admitted to the stable area between the hours of 12:00 midnight and 4:00 a.m. At a minimum the record shall contain the name of the person admitted, the person's license numbers and the time admitted.

     (7) Class A or B racing associations must provide fencing around the stable area in a manner that is approved by the commission.

     (((7))) (8) Not later than twenty-four hours after an incident occurs requiring the attention of security personnel, the chief of security must deliver to commission security a written report describing the incident, which may be forwarded to the stewards for disciplinary action. The report must include the name of each individual involved in the incident and the circumstances of the incident.

[Statutory Authority: RCW 67.16.020. 12-23-015, § 260-20-090, filed 11/9/12, effective 12/10/12. Statutory Authority: RCW 67.16.020 and 67.16.040. 07-11-115, § 260-20-090, filed 5/18/07, effective 6/18/07; Rules of racing, § 336, filed 4/21/61.]