WSR 00-07-042

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed March 6, 2000, 10:34 a.m. ]

Date of Adoption: March 1, 2000.

Purpose: Amended third offense penalty and fine regarding medication violations on permitted medications.

Citation of Existing Rules Affected by this Order: Amending WAC 260-70-700 Penalties relating to permitted medication.

Statutory Authority for Adoption: RCW 67.16.040.

Adopted under notice filed as WSR 00-03-092 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

by Patty Sorby


AMENDATORY SECTION(Amending WSR 96-10-001, filed 4/17/96, effective 5/18/96)

WAC 260-70-700
Penalties relating to permitted medication.

(1) Should the laboratory analysis of urine or blood taken from a horse, show the presence of more than one approved nonsteroidal anti-inflammatory drug (NSAID) in violation of these rules or the presence of phenylbutazone or oxyphenbutazone, naproxen or meclofenamic acid in excess of the quantities authorized by the rules, the stewards or commission shall levy the following penalties against each person found responsible:

(a) For a first offense within a 365 day period, a fine of $300;

(b) For a second offense within a 365 day period, $750;

(c) For a third offense within a 365 day period, a fine of $((750)) 1,000 with a ((sixty-day suspension.)) 15 to 60 day suspension.

(2) Should the laboratory analysis of urine or blood taken from a horse show the presence of furosemide (Lasix¦) without permission from the official veterinarian, the stewards or commission shall treat the violation as a Class 4 offense.

(3) Detection of any unreported permitted medication, drug, or substance by the primary testing laboratory may be grounds for disciplinary action.

(4) As reported by the primary testing laboratory, failure of any test sample to show the presence of permitted medication, drug or substance when such permitted medication, drug or substance was required to be administered may be grounds for disciplinary action.

[Statutory Authority: RCW 67.16.040.      96-10-001, § 260-70-700, filed 4/17/96, effective 5/18/96.]

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