WSR 18-07-025 PERMANENT RULES HORSE RACING COMMISSION [Filed March 9, 2018, 3:06 p.m., effective April 9, 2018] Effective Date of Rule: Thirty-one days after filing. Purpose: Adds a new section to allow the commission to conduct "out of competition" testing, what is considered a violation, and the commission extent of jurisdiction. Citation of Rules Affected by this Order: New WAC 260-70-575. Statutory Authority for Adoption: RCW 67.16.020. Adopted under notice filed as WSR 18-03-046 on January 10, 2018. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 1, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2018. Douglas L. Moore Executive Secretary
NEW SECTION
WAC 260-70-575 Out of competition testing.
(1) The commission may request an out of competition testing (OCT) sample be collected and screened for any violation of WAC 260-70-545.
(2) The commission may request any owner or trainer currently licensed by the commission to allow an OCT sample be collected under any of the following conditions:
(a) The horse is stabled on the grounds of a licensed race meet.
(b) The horse is nominated or eligible for a stake or handicap race.
(c) The registration certificate of the horse is currently on file with the racing association.
If the horse selected is not currently stabled on the grounds, the owner or trainer shall present the horse to the test barn at a time designated by the commission.
(3) Horses will be selected for OCT by a commission veterinarian, steward, or executive secretary.
(4) Sample collection and split samples will be done in accordance with WAC 260-70-600 and 260-70-610.
(5) Refusal to submit to an OCT sample request will result in penalties consistent with WAC 260-84-110 or 260-84-130.
(6) If a horse that qualifies under subsection (2) of this section is selected for testing and is not stabled at a race meet licensed by the Washington horse racing commission, the commission may approve a regulatory veterinarian from another jurisdiction to collect and submit the sample providing the process complies with WAC 260-70-600 and 260-70-610.
(7) Penalties for a report of a positive laboratory finding in violation of this section will be consistent with WAC 260-84-110 and/or 260-84-130.
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