Preproposal statement of inquiry was filed as WSR 10-14-006.
Title of Rule and Other Identifying Information: WAC 260-40-010 Nominations and scratches.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 13, 2011, at 9:30 a.m.
Date of Intended Adoption: January 13, 2011.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail email@example.com, fax (360) 459-6461, by January 10, 2011.
Assistance for Persons with Disabilities: Contact Patty Sorby by January 10, 2011, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarifies the racing secretary's ability to accept "conditional entries." The proposed language is supported by the stakeholders.
Reasons Supporting Proposal: The racing secretary has accepted entries that were placed "conditionally" and these were allowed to scratch from the race based on predetermined circumstances. The amendment places into rule that the racing secretary has the authority to allow these types of entries.
Statutory Authority for Adoption: RCW 67.16.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [Horse racing commission], governmental.
Name of Agency Personnel Responsible for Drafting: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
November 18, 2010
Douglas L. Moore
AMENDATORY SECTION(Amending WSR 07-07-010, filed 3/8/07, effective 4/8/07)
WAC 260-40-010 Nominations and scratches. (1) A horse may not be considered nominated or scratched out of an engagement until the owner, trainer or designee provides written notice to the racing secretary before the time set by the association.
(2) For stake races, if a horse is not named through the entry box before the close of entries for that race, the horse is automatically out.
(3) If the validity of any nomination is alleged, the complainant must provide satisfactory proof of the error that is alleged; otherwise, the nomination will be accepted.
(4) Any owner, trainer, or designee who has entered a horse will be allowed the right to scratch the horse from the race entered prior to the published scratch time, until no fewer than eight interests remain in the race. If there are more requests to scratch than are available, permission to scratch must be decided by lot. However, in all races involving the daily double, no entry may be scratched that would reduce the starting field to less than the number designated by the racing secretary, without permission of the board of stewards. No other entries will be excused as provided above except upon receipt of a veterinarian's certificate of unfitness, change of track conditions since time of entry or other causes acceptable to the board of stewards.
(5) The racing secretary is authorized to accept entries that will be allowed to scratch based upon predetermined conditions established by the racing secretary at entry time.
(6) All horses must be scratched by the designated scratch time set by the association, and consistent with subsection (1) of this section.
(6))) (7) If the racing secretary does not designate a
scratch time, no horse will be allowed to scratch without
permission of the board of stewards.
(7))) (8) The scratch of a horse out of an engagement
[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-010, § 260-40-010, filed 3/8/07, effective 4/8/07; Rules of racing, §§ 82 through 87, filed 4/21/61.]