WSR 17-23-153
[Filed November 21, 2017, 10:26 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-17-064.
Title of Rule and Other Identifying Information: WAC 260-40-140 Horses must be eligible to start at time of entry.
Hearing Location(s): On January 12, 2018, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.
Date of Intended Adoption: January 12, 2018.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email, fax 360-459-6461, by January 5, 2018.
Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, TTY 360-459-6462, email, by January 9, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Ensure consistency when determining a horse's eligibility during the appeal process.
Reasons Supporting Proposal: Amendment places into WAC consistency when determining the eligibility of horses involved in an appeal that resulted from the outcome of a race. Language added states the original order of finish, prior to the disqualification of a horse, will be deemed official in determining all horses involved eligibility until such time as the appeal process is exhausted.
Statutory Authority for Adoption: RCW 67.16.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington 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, 360-459-6462.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related.
November 21, 2017
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION (Amending WSR 07-07-010, filed 3/8/07, effective 4/8/07)
WAC 260-40-140 Horse must be eligible to start at time of entry.
(1) All horses must be eligible to start at time of entry, as determined by conditions established by the racing secretary's published condition book or conditions for late extra races offered.
(2) During an appeal process which involves a disqualification, the horse which has been deemed disqualified will retain its original placing for eligibility purposes, until such time as the appeal is exhausted. All other horses which competed in the race, for eligibility standards, will retain their original placings until such time as the appeal is exhausted. If at the time of any subsequent race, any horse involved competes, their eligibility at the time of the race will be official and there will be no changes to the order of finish in those races.