WSR 17-02-067
[Filed January 3, 2017, 11:43 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-21-023.
Title of Rule and Other Identifying Information: WAC 260-60-460 Cancellation of claims.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on February 10, 2017, at 9:30 a.m.
Date of Intended Adoption: February 10, 2017.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, email, fax (360) 459-6461, by February 8, 2017.
Assistance for Persons with Disabilities: Contact Patty Brown, 6326 Martin Way, Suite 209, Olympia, WA 98516, or call TTY 711, by February 8, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To allow for the cancellation of a claim if the horse suffers a catastrophic injury during the running of the race.
Reasons Supporting Proposal: Protects new and current owners from financial loss without the opportunity to race the horse in the future, or assist in finding an injured horse a second career.
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.
January 3, 2017
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION (Amending WSR 08-05-088, filed 2/15/08, effective 3/17/08)
WAC 260-60-460 Cancellation of claims.
(1) If within thirty days from the running of the race, in which a horse is claimed, the stewards find that a claim was made in violation of the rules of racing the stewards may disallow and cancel any such claim and order the return of the horse and order the return and refund the claim amount. In deciding whether to cancel a claim the stewards will consider which party was at fault, the status of the horse at the time the claiming violation is discovered, and such other factors as appropriate. Should the stewards cancel a claim, they may order, as appropriate, payment for the care and maintenance of the horse involved. The stewards may refer to the commission for further action any case involving a violation of the rules of racing with respect to a claim regardless of whether the stewards deem it appropriate to order the cancellation of the claim.
(2) The stewards will void a claim if the following occurs:
(a) The horse dies or suffers a catastrophic injury during the running of the race and is euthanized prior to leaving the track.
(b) If, within two hours of the official "off time" of the race and following an injury incurred during the race, the official veterinarian, in consultation with the practicing veterinarian, determines that it would be inhumane to prolong treatment in an attempt to save the horse, even for nonperformance purposes, the horse is euthanized.