WSR 13-23-042
[Filed November 15, 2013, 8:33 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-20-057.
Title of Rule and Other Identifying Information: WAC 260-52-030 Starting the race.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 10, 2014, at 9:30 a.m.
Date of Intended Adoption: January 10, 2014.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail, fax (360) 459-6461, by January 7, 2014.
Assistance for Persons with Disabilities: Contact Patty Sorby by January 7, 2014, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update the options afford[ed] the board of stewards when declaring a horse or horses nonstarters and refunding mutuel pools.
Reasons Supporting Proposal: The current WAC is not supported by current software standards when refunding mutuel pools. Current software requires either all pools or no pools be refunded.
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, Implementation and Enforcement: Douglas L. Moore, 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 15, 2014 [2013]
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION (Amending WSR 08-05-088, filed 2/15/08, effective 3/17/08)
WAC 260-52-030 Starting the race.
(1) The starter is responsible for assuring that each participant receives a fair start.
(2) If, when the starter dispatches the field, any door at the front of the starting gate stalls does not open properly or if the action by any starting gate personnel directly cause a horse to receive an unfair start, the stewards may declare such a horse a nonstarter.
(3) Should a horse not be in the starting gate stall at the time the starting gates are opened, the horse will be declared a nonstarter by the stewards.
(4) Should an accident or malfunction of the starting gate, or other unforeseeable event occur during the running of the race, which compromises the fairness of the race or the safety of the participants, the stewards may declare individual horses to be nonstarters, exclude individual horses from ((one or more)) all parimutuel pools or declare a "no contest" and refund all wagers except as otherwise provided in the rules involving multirace wagers.