Date of Adoption: March 1, 2000.

Purpose: Update and review rule to bring into conformance with nationally accepted model rules.

Citation of Existing Rules Affected by this Order: Amending WAC 260-40-100 Performance records.

Statutory Authority for Adoption: RCW 67.16.040.

Adopted under notice filed as WSR 00-03-089 on January 19, 2000.

Changes Other than Editing from Proposed to Adopted Version: Clarifying language.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

March 3, 2000

Bruce Batson

Executive Secretary

It is the intent of the commission that the public be provided with all relevant information regarding a horse's recent racing and workout record; Therefore: (1) ((A horse which during the past calendar year, has started in a race which is not reported in the daily racing form and/or equibase shall not be entered at a Washington track unless and until the owner or trainer shall have furnished to the racing secretary, at entry time, performance records as hereinafter designated.      Such performance records shall show where and when said horse raced; the distance; the weight carried; amount earned; said horse's finishing position and time.)) The owner/and or trainer of any horse which has started at a track not reported in the daily racing form or equibase since its last start at a recognized track, must furnish the racing secretary prior to the entry of such horse to any race in this state, performance records of said horse's races during the past year, or their last two starts, including published races, showing date, distance, finishing position and time. If such records are not provided, the horse will be ineligible to start.

(2) ((In a maiden race, a horse which at any time, has started in a race which is not reported in the daily racing form and/or equibase shall not be entered at a Washington track unless and until the owner or trainer shall have furnished to the racing secretary at entry time, complete performance records as hereinafter designated.      Such performance records shall show where and when said horse raced; the distance; the weight carried; amount earned; said horse's finishing position and time.)) For thoroughbreds, a horse which wins a race at a Class C track within the state, shall not be penalized for such winnings in races run at any other meeting other than a Class C track. The maiden classification will be lost by winning a race at any track whose results are published in the daily racing form or equibase. A horse which wins a race at a track with results not reported in the daily racing form or equibase, outside this state, shall not be penalized for such winnings except at Class C tracks. For other breeds, all wins, including the maiden wins, shall be counted in considering eligibility at all racing association meets in the state of Washington if the win is recognized by the arabian jockey club, the American quarter horse association, the appaloosa horse club, or other breed registry as authorized by the commission.

(3) Performance records for races which are not reported in the daily racing form and/or equibase shall be published in the official program of the racing association or posted and announced no later than the time that wagering opens for that day's racing.      No horse may be permitted to enter in a race whose recent workouts have not been properly recorded with the commission.

(4) ((For thoroughbreds, all races at Class C racing association meets in the state of Washington shall not be counted in considering eligibility of horses running at Class A and Class B racing association meets.      However, the maiden allowance shall be lost by the winning of any race at a track whose complete official results are carried by the daily racing form and/or equibase. For all other breeds, all wins, including maiden wins, shall be counted in considering eligibility at all racing association meets in the state of Washington if the win is recognized by the arabian jockey club, the American quarter horse association, the appaloosa horse club, or other breed performance registry as authorized by the commission.)) All wins shall be considered in eligibility requirements of horses running at Class C racing association meets.

(5) ((All wins shall be considered in eligibility requirements of horses running at Class C racing association meets.)) The commission shall designate, before each race meeting, the minimum workout requirements for said race meeting to ensure the integrity of the industry to the wagering public.

[Statutory Authority: RCW 67.16.040.      95-18-016, § 260-40-100, filed 8/24/95, effective 9/24/95.      Statutory Authority: RCW 67.16.020 and 67.16.040.      86-09-072 (Order 86-02), § 260-40-100, filed 4/21/86.      Statutory Authority: RCW 67.16.020.      78-08-089 (Order 78-2), § 260-40-100, filed 7/31/78; Order 74.2, § 260-40-100, filed 10/30/74, effective 1/1/75; Rules of racing, §§ 102, 103, filed 4/21/61; Subsection (4) added, filed 3/11/65.]

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