WSR 18-03-072

PERMANENT RULES

HORSE RACING COMMISSION

[Filed January 12, 2018, 10:26 a.m., effective February 12, 2018]

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

Purpose: Adds language to ensure consistency when determining a horse's eligibility for race conditions when they are involved in an appeal of a disqualification that is pending.

Citation of Rules Affected by this Order: Amending WAC 260-40-140.

Statutory Authority for Adoption: RCW 67.16.020.

Adopted under notice filed as WSR 17-23-153 on November 21, 2017.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 12, 2018.

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.