reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-08 - Practice and procedure › Section 260-08-595 - Role of the executive secretary

Current through Register Vol. 24-14, July 15, 2024
The horse racing commission will appoint an executive secretary
				who will act as the chief operating officer for the agency. As chief operating
				officer, the executive secretary will supervise and administer the activities
				of the commission staff. In addition, the executive secretary will:
(1) Implement the policies and procedures,
			 and enforce the rules of the commission.
(2) Oversee the administrative details and
			 day-to-day operation of the agency, including the achievement of performance
			 goals and objectives established by the commission and administer the agency's
			 budget.
(3) Act as the appointing
			 authority for agency staff, including the authority to hire, promote, assign
			 work, determine duty stations, evaluate, take corrective action, and, where
			 appropriate terminate staff.
(4)
			 Make an initial agency determination of a violation of the rules in this title
			 except during the live race meet where the rule provides that the board of
			 stewards makes the initial agency determination. In the absence of the board of
			 stewards, the executive secretary has the authority to make an initial agency
			 determination.
(a) If an applicant or licensee
			 disagrees with the decision of the executive secretary, he or she may challenge
			 the decision by requesting a hearing before the commission as provided in WAC
			 260-08-675.
(b) The executive secretary may refer any
			 matter directly to the commission for hearing on violations of
			 chapters
			 67.16 and 67.17 RCW or of
			 rules in this title or to enforce compliance with a penalty.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-08 - Practice and procedure › Section 260-08-597 - Funding to assist the equine industry

Current through Register Vol. 24-14, July 15, 2024
(1) If the commission determines that there
			 are additional funds in its operating account beyond what is needed to fund the
			 continued operations of the commission, the commission may designate up to
			 three hundred thousand dollars of those funds to be used to assist the equine
			 industry. Funds used to assist the equine industry may only be used to help
			 develop the equine industry, maintain or upgrade racing facilities, or assist
			 equine health research. In deciding how to allocate the funds available, the
			 commission will give first consideration to uses that assist the Class C race
			 meets and equine health research. The commission will establish a process for
			 individuals or organizations to request funds.
(2) Available funds may be allocated to fund
			 requests from individuals or organizations, or programs the commission
			 determines support the purposes specified in subsection (1) of this
			 section.
(3) The commission has
			 discretion to determine the amount of funding available, identify the programs
			 for which funding will be provided, the amount of funding for each program, and
			 the procedures for distributing funds.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 06-15-090, §
										260-08-597, filed 7/14/06,
				  effective 8/14/06.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-08 - Practice and procedure › Section 260-08-671 - Adoption of rules of procedure - Model rules

Current through Register Vol. 24-14, July 15, 2024
The commission adopts the model rules of procedure as set forth
				in chapter 10-08 WAC. If there is a conflict between the model rules and this
				chapter, the rules in this chapter shall govern. Whenever the term "agency"
				appears in the model rules it means the Washington horse racing
				commission.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 05-05-049, §
										260-08-671, filed 2/14/05,
				  effective 3/17/05.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-08 - Practice and procedure › Section 260-08-673 - Presiding officer - Who may preside

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				 34.05.425, the presiding officer in a
				commission hearing shall be the chair of the commission, or other commission
				member designated by the chair. In proceedings in which the chair or other
				designee is the presiding officer, the commission shall make the final decision
				and enter the final order.
In the alternative, the commission may designate that the
				presiding officer shall be one or more administrative law judges assigned by
				the office of administrative hearings in accordance with
				chapter
				34.12 RCW.
The administrative law judge shall conduct the proceeding and
				enter an initial order. The initial order shall be subject to review by the
				commission as provided in
				RCW
				 34.05.464.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 05-05-049, §
										260-08-673, filed 2/14/05,
				  effective 3/17/05.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-08 - Practice and procedure › Section 260-08-675 - Hearing before the commission

Current through Register Vol. 24-14, July 15, 2024
Any person against whom a ruling is made by the stewards or the
				executive secretary may request a hearing before the commission to challenge
				the ruling. However, a decision by the stewards concerning the disqualification
				or nondisqualification of a horse due to a foul or riding infraction during the
				running of a race is final and will not be reviewed by the commission.
(1) Requests for a hearing before the
			 commission must be filed with an office of the commission within seven days of
			 service of the stewards' or executive secretary's ruling, with the exception of
			 riding violations.
(2) The request
			 must include: The name, address, telephone number and the signature of the
			 person making the request and a statement of the basis for the challenge to the
			 ruling.
(3) The commission will
			 conduct an adjudicative proceeding according to the provisions of
			 chapter
			 34.05 RCW, Administrative
			 Procedure Act, and chapter 260-08 WAC, Practice and procedure.
(4) Any person requesting a hearing before
			 the commission will be heard in person or by counsel. A person appearing before
			 the commission may submit his or her case entirely in writing, provided this is
			 specified at the time of the filing of the request for hearing with the
			 commission and this procedure is given written approval by the
			 commission.
(5) All communications
			 to the commission with respect to a stewards' or executive secretary's ruling
			 must be in writing, and all papers filed with the commission shall be the
			 property of the commission.
Statutory Authority:
				  RCW
				  67.16.020. 10-09-013, §
										260-08-675, filed 4/9/10,
				  effective 5/10/10. Statutory Authority:
				  RCW
				   67.16.020 and
				  67.16.040. 08-07-039, §
										260-08-675, filed 3/13/08,
				  effective 4/13/08; 05-05-049, §
										260-08-675, filed 2/14/05,
				  effective 3/17/05.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-08 - Practice and procedure › Section 260-08-677 - Exhaustion of administrative remedies

Current through Register Vol. 24-14, July 15, 2024
A person may file a petition for judicial review only after
				exhausting all administrative remedies available within the commission,
				pursuant to
				RCW
				 34.05.534. Administrative remedies at the
				WHRC consist of commission hearings.
The court may relieve a petitioner of the requirements to
				exhaust any or all administrative remedies upon a showing that:
(1) The remedies would be patently
			 inadequate;
(2) The exhaustion
			 would be futile; or
(3) The grave
			 irreparable harm that would result from having to exhaust administrative
			 remedies would clearly outweigh the public policy requiring exhaustion of
			 administrative remedies.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 05-05-049, §
										260-08-677, filed 2/14/05,
				  effective 3/17/05.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-09 - Public records › Section 260-09-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 purpose of these rules is to establish the procedures the commission will
			 follow in order to provide full access to public records. These rules provide
			 information to persons wishing to request access to public records of the
			 commission and establish processes for both requestors and the commission staff
			 that are designed to best assist members of the public in obtaining such
			 access.
(2) The purpose of the
			 chapter is to also provide the public full access to information concerning the
			 conduct of government, mindful of individuals' privacy rights and the
			 desirability of the efficient administration of government. These rules will be
			 interpreted in favor of disclosure. In carrying out its responsibilities, the
			 commission will be guided by the provisions of the public records law of the
			 state of Washington.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 10-05-065, §
										260-09-010, filed 2/12/10,
				  effective 3/15/10.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-09 - Public records › Section 260-09-020 - Agency description - Contact information - Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1) The commission
			 is responsible for licensing, regulating and supervising all horse racing meets
			 in the state where the parimutuel system is used. The commission also approves
			 and regulates satellite locations and simulcasting, and licenses and regulates
			 advance deposit wagering. The commission's central office is located at 6326
			 Martin Way, Suite 209, Olympia, WA 98516-5578. The commission has field offices
			 at Emerald Downs in Auburn, WA, and nonprofit meets while in
			 operation.
(2) Any person wishing
			 to request access to public records of the commission, or seeking assistance in
			 making such a request should contact the public records officer of the
			 commission. Information is also available at the commission's web site at
www.whrc.wa.gov
.
(3) The public records officer will oversee
			 compliance with accessing public records the act but another commission staff
			 member may process the request. Therefore, these rules will refer to the public
			 records officer "or designee." The public records officer or designee will
			 provide the "fullest assistance" to requestors; create and maintain for use by
			 the public and commission employees an index to public records of the
			 commission; ensure that public records are protected from damage or
			 disorganization; and prevent fulfilling public records requests from causing
			 excessive interference with essential functions of the commission.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 10-05-065, §
										260-09-020, filed 2/12/10,
				  effective 3/15/10.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-09 - Public records › Section 260-09-030 - Availability of public records

Current through Register Vol. 24-14, July 15, 2024
(1) Hours
			 for inspection of records. Public records are available for inspection and
			 copying during normal business hours of the commission. Records must be
			 inspected at the offices of the commission.
(2) Organization of records. The commission
			 will take reasonable actions to protect records from damage and
			 disorganization. A requestor may not take records from commission offices
			 without the permission of the public records officer or designee. A variety of
			 records is available on the commission web site at
www.whrc.wa.gov
. Requestors are encouraged to
			 view the documents available on the web site prior to submitting a records
			 request.
(3) Making a request for
			 public records.
(a) Any person wishing to
			 inspect or copy public records of the commission should make the request in
			 writing, fax, or e-mail addressed to the public records officer and include the
			 following information:
(i) Name of
			 requestor;
(ii) Address of
			 requestor;
(iii) Other contact
			 information, including telephone number and any e-mail address;
(iv) Identification of the public records
			 adequate for the public records officer or designee to locate the records;
			 and
(v) The date and time of day of
			 the request.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-09 - Public records › Section 260-09-040 - Processing of public records requests - General

Current through Register Vol. 24-14, July 15, 2024
(1) Acknowledging receipt of request. Within
			 five business days of receipt of the request, the public records officer will
			 do one or more of the following:
(a) Make the
			 records available for inspection or copying;
(b) If copies are requested and payment of a
			 deposit for the copies, if any, is made or terms of payment are agreed upon,
			 send the copies to the requestor;
(c) Provide a reasonable estimate of when
			 records will be available; or
(d)
			 If the request is unclear or does not sufficiently identify the requested
			 records, request clarification from the requestor. Such clarification may be
			 requested and provided by telephone. The public records officer or designee may
			 revise the estimate of when records will be available; or
(e) Deny the request.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-09 - Public records › Section 260-09-050 - Processing of public records requests - Electronic records

Current through Register Vol. 24-14, July 15, 2024
(1) The process for
			 requesting electronic public records is the same as for requesting paper public
			 records.
(2) When a requestor
			 requests records in an electronic format, the public records officer will
			 provide the nonexempt records or portions of such records that are reasonably
			 locatable in an electronic format that is used by the agency and is generally
			 commercially available, or in a format that is reasonably translatable from the
			 format in which the agency keeps the record.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 10-05-065, §
										260-09-050, filed 2/12/10,
				  effective 3/15/10.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-09 - Public records › Section 260-09-060 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The Public
			 Records Act provides that a number of types of documents are exempt from public
			 inspection and copying. In addition, documents are exempt from disclosure if
			 any "other statute" exempts or prohibits disclosure. Requestors should be aware
			 of the following exemptions, outside the Public Records Act, that restrict the
			 availability of some documents held by the commission for inspection and
			 copying: Chapter 10.97
			 RCW.
(2) The commission is
			 prohibited by statute from disclosing lists of individuals for commercial
			 purposes.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 10-05-065, §
										260-09-060, filed 2/12/10,
				  effective 3/15/10.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-09 - Public records › Section 260-09-070 - Costs of providing copies of public records

Current through Register Vol. 24-14, July 15, 2024
(1) There is no fee for inspecting public
			 records. Pursuant to
			 RCW
			  42.56.120(2), the Washington
			 horse racing commission deems that it would be unduly burdensome for it to
			 calculate the actual costs it charges for providing copies of public records.
			 Staff resources are insufficient to perform a study and to calculate actual
			 costs and a study would interfere with other essential agency functions.
(2) The Washington horse racing
			 commission may charge fees for production of copies of public records
			 consistent with the fee schedule established in
			 RCW
			  42.56.120, as amended by section 3, chapter
			 304, Laws of 2017.
(3) It is within
			 the discretion of the public records officer to waive copying fees when all of
			 the records responsive to the entire request are paper copies only and are
			 fewer than twenty-five pages, or all of the records to an entire request are
			 electronic and can be provided in a single email. If that email, for any
			 reason, is not deliverable, the records will be provided through another means
			 of delivery and the requestor will be charged in accordance with this
			 rule.
(4) The public records
			 officer may require an advance deposit of ten percent of the estimated fees,
			 when copying fees for an installment or entire request exceeds twenty-five
			 dollars.
(5) Payment. Payment may
			 be made by cash, check, or money order to the Washington horse racing
			 commission.
Statutory Authority:
				  RCW
				   67.16.020 and
				  67.16.040. 10-05-065, §
										260-09-070, filed 2/12/10,
				  effective 3/15/10.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-09 - Public records › Section 260-09-080 - Review of denials of public records

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the initial
			 denial or partial denial of a records request may petition in writing
			 (including e-mail) to the public records officer for a review of that decision.
			 The petition will include a copy of or reasonably identify the written
			 statement by the public records officer or designee denying the
			 request.
(2) Consideration of
			 petition for review. The public records officer will promptly provide the
			 petition and any other relevant information to the executive secretary of the
			 commission. The executive secretary will immediately consider the petition and
			 either affirm or reverse the denial within two business days following the
			 commission's receipt of the petition, or within such other time as commission
			 and the requestor mutually agree to.
(3) Review by the attorney general's office.
			 If the commission denies a requestor access to public records because it claims
			 the record is exempt in whole or in part from disclosure, the requestor may
			 request the attorney general's office to review the matter. The attorney
			 general has adopted rules on such requests in WAC
			 44-06-160.
(4) Judicial review. Any person may obtain
			 court review of denials of public records requests at the conclusion of two
			 business days after the initial denial regardless of any internal
			 administrative appeal.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 10-05-065, §
										260-09-080, filed 2/12/10,
				  effective 3/15/10.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-001 - Intent

Current through Register Vol. 24-14, July 15, 2024
The rules adopted by the Washington horse racing commission
				will be known as the "rules of racing." They have been compiled with the intent
				to promote integrity in racing and to encourage the breeding and ownership of
				horses in this state.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-001, filed 5/18/07,
				  effective 6/18/07; Rules of racing, Promulgation, filed
				  4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout these rules
				unless the context requires otherwise.
(1) "Added money." Money added to the purse
			 of a race by the association, or other fund, in the amount paid by owners for
			 nominations, entry, and starting fees.
(2) "Allowance race." An overnight race for
			 which there is no claiming price established.
(3) "Also eligible."
(a) A number of eligible horses, properly
			 entered, which were not drawn for inclusion in a race, but which become
			 eligible according to preference or lot if an entry is scratched prior to the
			 scratch time deadline; or
(b) In a
			 trial race, the next preferred contestant that is eligible to participate when
			 an entry is scratched, pursuant to the written conditions of the
			 race.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-020 - To whom rules apply

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 rules of racing apply to all persons, associations, partnerships, or
			 corporations holding or conducting a race meet within the state of Washington
			 where the parimutuel wagering system is used.
(2) These rules also apply to any participant
			 in, or patron of, any race meet.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-020, filed 5/18/07,
				  effective 6/18/07; Rules of racing, §§ 2, 3, filed
				  4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-040 - Every license is conditioned on licensee enforcing and observing the rules of racing

Current through Register Vol. 24-14, July 15, 2024
Every license to hold a race meet is granted upon the condition
				that the licensee will accept, observe, and enforce the rules of racing. It is
				the duty of each officer, director, and every official and employee of the
				licensee to comply with the rules of racing and to report violations to the
				commission.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-040, filed 5/18/07,
				  effective 6/18/07; Rules of racing, § 5, filed
				  4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-050 - When are race dates required to be submitted for approval?

Current through Register Vol. 24-14, July 15, 2024
Racing associations must submit their proposed live race dates
				to the executive secretary by February 1st of each year. The commission will
				consider and determine whether to approve the dates at the next regularly
				scheduled commission meeting. The commission may extend, reduce or otherwise
				modify the race dates.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-050, filed 5/18/07,
				  effective 6/18/07; 81-18-020 (Order 81-07), §
										260-12-050, filed 8/25/81; Rules
				  of racing, § 6, filed 4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-070 - The commission may refuse to issue license - Criteria

Current through Register Vol. 24-14, July 15, 2024
The commission may refuse to issue a license to conduct a race
				meet. The commission will consider the following factors in making its
				decision:
(1) Opportunity for the
			 sport to properly develop;
(2)
			 Avoidance of competition with established tracks;
(3) Extent of community support for the
			 promotion and continuance of the tracks;
(4) The character and reputation of the
			 individuals identified in the license application; and
(5) Any other relevant factors.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-070, filed 5/18/07,
				  effective 6/18/07; Rules of racing, § 8, filed
				  4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-080 - Assignment of license - Racing days

Current through Register Vol. 24-14, July 15, 2024
No license or any part of a license is transferable or
				assignable in any manner without the prior approval of the
				commission.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-080, filed 5/18/07,
				  effective 6/18/07; Rules of racing, § 9, filed
				  4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-100 - Laws and rules supersede race conditions

Current through Register Vol. 24-14, July 15, 2024
The laws of Washington and the rules promulgated by the
				commission supersede the conditions of a race.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-100, filed 5/18/07,
				  effective 6/18/07; Rules of racing, § 11, filed
				  4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-110 - Commission's right of entry

Current through Register Vol. 24-14, July 15, 2024
Members of the commission, its officials, and employees have
				the right of full and complete entry to any and all parts of the association
				grounds.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-110, filed 5/18/07,
				  effective 6/18/07; Rules of racing, § 12, filed
				  4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-115 - Parimutuel equipment subject to approval

Current through Register Vol. 24-14, July 15, 2024
All equipment, used within the parimutuel department for the
				sale, calculation, display of odds, or cashing of tickets, is subject to the
				approval of the commission.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-115, filed 5/18/07,
				  effective 6/18/07; Order 77.1, §
										260-12-115, filed
				  4/22/77.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-120 - Commission offices and personnel

Current through Register Vol. 24-14, July 15, 2024
Each association must provide within its grounds an office for
				the use of the commission, its officials and employees.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-120, filed 5/18/07,
				  effective 6/18/07; Rules of racing, § 13, filed
				  4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-145 - Persons bound by laws and rules

Current through Register Vol. 24-14, July 15, 2024
Any person on the grounds of any racing association or
				satellite location under the jurisdiction of the commission must comply with
				the laws of Washington and the rules promulgated by the
				commission.
Statutory Authority:
				  RCW
				  67.16.020. 07-01-053, §
										260-12-145, filed 12/14/06,
				  effective 1/14/07.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-150 - Denial of admission to grounds - Suspended persons and horses

Current through Register Vol. 24-14, July 15, 2024
A person who is denied, suspended, or revoked by another
				recognized racing jurisdiction may not be admitted to the grounds of any racing
				association in Washington. A horse owned or trained by a person who is denied,
				suspended, or revoked may not be allowed on the grounds.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-150, filed 5/18/07,
				  effective 6/18/07; Rules of racing, § 18, filed
				  4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-180 - Safety equipment required

Current through Register Vol. 24-14, July 15, 2024
(1) When on association grounds, all persons
			 on horseback must wear a securely fastened safety helmet that meets current
			 standards for equipment designed and manufactured for use while riding horses
			 as established by :
(a) American Society for
			 Testing and Materials (ASTM F1163).
(b) UK Standards (EN-1384 or PAS-015 or
			 VG1).
(c) Australian/New Zealand
			 Standard (AS/NZ 3838 or ARB HS 2012).
(d) Snell Equestrian Standard 2001.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-210 - Post time of first race

Current through Register Vol. 24-14, July 15, 2024
The commission will approve the post time of the first race of
				each race day for each licensed race meet.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-210, filed 5/18/07,
				  effective 6/18/07; Rules of racing, § 323, filed
				  4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-220 - Race conditions to be provided

Current through Register Vol. 24-14, July 15, 2024
Each association conducting racing in Washington must provide
				the stewards a copy of the conditions of races the association proposes to
				hold, together with the stakes schedule.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-220, filed 5/18/07,
				  effective 6/18/07; Rules of racing, § 324, filed
				  4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-230 - Information to be filed before opening a race meet

Current through Register Vol. 24-14, July 15, 2024
No less than ten days before opening of a race meet each
				association licensed to conduct a race in Washington must file with the
				commission:
(1) A financial statement
			 of the association.
(2) A list of
			 stockholders and the amount of stock held by each. Any change in the officers
			 or stockholders, or in the holdings of any individual stockholder of an
			 association must be reported to the commission immediately. This rule will
			 apply during the entire term of any license granted by the commission.
The commission may require additional information in writing
				from the association, or it may ask the officers of any association to appear
				in person to provide additional information.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-230, filed 5/18/07,
				  effective 6/18/07; Rules of racing, § 326, filed
				  4/21/61.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-235 - Accepted conditions of race meeting

Current through Register Vol. 24-14, July 15, 2024
The association is obligated to conduct parimutuel racing,
				except in the case of emergencies, on each race date allocated. The commission
				must approve any change in race dates. In the case of emergencies the stewards
				may authorize cancellation of all or a portion of any race day. The executive
				secretary may temporarily approve changes in the conditions of the race meet
				including, but not limited to, post time and additional days pending final
				approval of the commission at the next regularly scheduled
				meeting.
Statutory Authority:
				  RCW
				  67.16.020. 12-03-074, §
										260-12-235, filed 1/13/12,
				  effective 2/13/12. Statutory Authority:
				  RCW
				   67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-235, filed 5/18/07,
				  effective 6/18/07; Order 75-1, §
										260-12-235, filed
				  2/18/75.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-250 - Problem gambling information sign must be posted

Current through Register Vol. 24-14, July 15, 2024
All Class A, B and C licensees, including satellite locations,
				must post problem and compulsive gambling informational signs, which contain a
				toll-free help line number in locations of their establishments. The
				informational signs must be clearly visible to patrons, and must remain posted
				whenever parimutuel wagering is authorized. The informational signs will be
				provided to the licensee by the horse racing commission.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-250, filed 5/18/07,
				  effective 6/18/07; 05-17-084, §
										260-12-250, filed 8/12/05,
				  effective 9/12/05. Statutory Authority:
				  RCW
				   67.16.040. 95-07-142, §
										260-12-250, filed 3/22/95,
				  effective 4/22/95.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-12 - General rules › Section 260-12-260 - Disposition of Class C purse funds due to the cancellation of races

Current through Register Vol. 24-14, July 15, 2024
(1) In the event a
			 Class C race meet cancels races (due to weather or the inability to fill races)
			 the unused purse funds provided under
			 RCW
			  67.16.105 may, with approval, be used by the
			 racing association to adjust purses for other races at the licensed race meet
			 for which the purse funds were provided. If only one race is canceled per day,
			 the stewards may approve an adjustment of purses. If more than one race is
			 canceled, approval to adjust purses must come from the executive
			 secretary.
(2) The racing
			 association must return the unused purse funds if adjustment of purses is not
			 appropriate (for example - only one race is held during the race
			 meet).
(3) If the entire Class C
			 race meet is canceled or if an adjustment to purses is not appropriate, all
			 undistributed purse funds provided under
			 RCW
			  67.16.105 must be returned to the commission
			 within thirty days of cancellation of the race meet.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 07-11-114, §
										260-12-260, filed 5/18/07,
				  effective 6/18/07.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-13 - Class A, B, and C license - Horse racing facilities › Section 260-13-500 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The commission is authorized in
				chapter
				67.16 RCW to license,
				regulate, and supervise all race meets held in this state. The purpose of this
				chapter is to establish procedures for persons or entities to apply for a
				license to own and/or operate a horse racing facility in this state where
				parimutuel wagering is conducted. Every person or entity making application for
				a Class A, B, or C license to hold a race meet must comply with the provisions
				of this chapter and the applicable provisions of
				chapter
				67.16 RCW. This chapter
				does not apply to an existing Class A, B, or C licensee required to submit an
				application for race dates and other information on its race meet, as may be
				required in chapter 260-20 WAC.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 08-17-050, §
										260-13-500, filed 8/14/08,
				  effective 9/14/08.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-13 - Class A, B, and C license - Horse racing facilities › Section 260-13-505 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this chapter
				unless the context requires otherwise.
(1) Class A license is a license to own and
			 operate a horse racing facility where parimutuel wagering is conducted. A Class
			 A license is granted to the licensee who has complete control over all aspects
			 of ownership and operation of the horse racing facility.
(2) Class B license is a license to operate a
			 horse racing facility where parimutuel wagering is conducted. A Class B license
			 is granted to a licensee who has complete control over all aspects of operating
			 the horse racing facility but does not retain ownership of the
			 facility.
(3) Class C license is a
			 license to operate a nonprofit horse racing facility where parimutuel wagering
			 is conducted. A Class C license is granted to the licensee who has complete
			 control over all aspects of operating a nonprofit horse racing
			 facility.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 08-17-050, §
										260-13-505, filed 8/14/08,
				  effective 9/14/08.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-13 - Class A, B, and C license - Horse racing facilities › Section 260-13-510 - Application for Class A, B, or C license - Affidavit of the applicant

Current through Register Vol. 24-14, July 15, 2024
An application for a Class A, B, or C license must include an
				affidavit of the applicant or the applicant's agent setting forth the
				following:
(1) The class of license
			 being applied for;
(2) If the
			 applicant is an individual, his/her legal name and the legal name of his/her
			 spouse and dates of birth, telephone number(s) and address(es);
(3) If applicable, the name, address, and
			 telephone number of the person representing the applicant and that the person
			 is authorized to make application on the applicant's behalf. Documented proof
			 of authority must be attached to the affidavit;
(4) If the applicant is a corporation:
(a) The name of the corporation;
(b) The date and place of
			 incorporation;
(c) The names, dates
			 of birth and addresses of directors and officers who are natural
			 persons;
(d) The names and
			 addresses of its shareholders:
(i) If a
			 shareholder is a corporation, then the name and place of its incorporation, and
			 the names and addresses and dates of birth of those corporations' directors and
			 officers;
(ii) If the applicant is
			 a corporation ultimately owned by a not-for-profit entity without any
			 shareholders, or is a publicly traded corporation, the information required in
			 this subsection will be required from the directors of the not-for-profit
			 entity, or the directors and officers of the publicly traded corporation, in
			 lieu of the shareholders;
(iii) If
			 the applicant is a general or limited partnership, the names, dates of birth,
			 and addresses of the partners; if a partner is a corporation, the date of
			 incorporation, the place of incorporation and the names and addresses and dates
			 of birth of its directors and officers must be provided;
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-13 - Class A, B, and C license - Horse racing facilities › Section 260-13-515 - Application for Class A, B, or C license - Additional requirements

Current through Register Vol. 24-14, July 15, 2024
(1) As part of the
			 application process, the commission has the right to require fingerprints from
			 those persons the commission determines necessary to ensure those persons
			 suitable for horse racing are granted a license to own and/or operate a racing
			 facility where parimutuel wagering is conducted.
(2) The commission has the right to require
			 additional information as part of the license application process.
(3) The applicant will provide ten copies of
			 the application including all attachments and other documents required in this
			 chapter. All ten copies of the application must be in printed or typewritten
			 form on 8-1/2 by 11 inch paper. Immediately preceding each response, an
			 applicant must restate the information requested. Any attachments or exhibits
			 must be lettered or numbered separately. An applicant must provide photographs
			 of any three-dimensional exhibits.
(4) Deadlines for submission of a license
			 application may be specified by the commission.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 08-17-050, §
										260-13-515, filed 8/14/08,
				  effective 9/14/08.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-13 - Class A, B, and C license - Horse racing facilities › Section 260-13-530 - Disclosure of character information

Current through Register Vol. 24-14, July 15, 2024
An applicant for a Class A, B, or C license must disclose
				whether the applicant or any individual or other entity identified in the
				application has:
(1) Ever been charged
			 in a criminal proceeding with a misdemeanor, gross misdemeanor or felony. If
			 so, the applicant must disclose the date charged, court, whether convicted,
			 date convicted, crime convicted of, and sentence.
(2) Ever been a party in a civil proceeding
			 and alleged to have engaged in an unfair or anticompetitive business practice,
			 a securities violation, or false or misleading advertising. If so, the date of
			 commencement of the proceeding, court, circumstances, date of decision or other
			 resolution, and result.
(3) Ever
			 had a horse racing, gambling, or other business license or permit revoked or
			 suspended or renewal denied or been a party in a proceeding to do so. If so,
			 the applicant must disclose the circumstances, date, and the result of the
			 decision.
(4) Ever been accused in
			 an administrative or judicial proceeding of violation of a statute or rule
			 relating to unfair labor practices, discrimination, horse racing or gambling.
			 If so, the applicant must disclose the date of commencement, forum,
			 circumstances, date of decision, and result.
(5) Commenced an administrative or judicial
			 action against a governmental regulator of horse racing or gambling. If so, the
			 applicant must disclose the circumstances, date, and the result of the
			 decision.
(6) Ever been the subject
			 of voluntary or involuntary bankruptcy proceedings. If so, the applicant must
			 disclose the circumstances, date, and the result of the decision.
(7) Ever failed to satisfy any judgment,
			 decree, or order of an administrative or judicial tribunal. If so, the
			 applicant must disclose the date and circumstances.
(8) Ever been delinquent in filing a tax
			 report required or remitting a tax imposed by any government. If so, the
			 applicant must disclose the circumstances, date, and the result of the
			 decision.
Statutory Authority:
				  RCW
				  67.16.020 and
				  67.16.040. 08-17-050, §
										260-13-530, filed 8/14/08,
				  effective 9/14/08.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-13 - Class A, B, and C license - Horse racing facilities › Section 260-13-550 - Disclosure of development process

Current through Register Vol. 24-14, July 15, 2024
An applicant for Class A, B, or C license, at the time of
				application, will disclose to the commission its development process, if any,
				which must include the following:
(1)
			 The total cost of construction, renovation or repairs of the facility,
			 distinguishing between fixed costs and projections;
(2) Identification of the following costs,
			 distinguishing between fixed costs and projections:
(a) Facility design;
(b) Land acquisition;
(c) Site preparation;
(d) Improvements and equipment, separately
			 identifying the costs of improvements and equipment;
(e) Interim financing;
(f) Permanent financing; and
(g) Organization, administrative, accounting,
			 and legal;
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-13 - Class A, B, and C license - Horse racing facilities › Section 260-13-560 - Disclosure of financial resources

Current through Register Vol. 24-14, July 15, 2024
An applicant for a Class A, B, or C license must disclose the
				following:
(1) An audited financial
			 statement reflecting the applicant's current assets, including investments in
			 affiliated entities, loans and advances receivable and fixed assets and current
			 liabilities, including loans and advances payable, long-term debt and
			 equity;
(2) For a Class A license
			 the equity and debt sources of funds to develop, own, and operate the facility.
			 For a Class B or C license the equity and debt sources of funds to operate the
			 facility:
(a) With respect to each source of
			 equity contribution, identification of the source, amount, form, method of
			 payment, nature and amount of present commitment, documentation and actions
			 which the applicant will take to obtain more certain commitments and
			 commitments for additional amounts; and
(b) With respect to each source of debt
			 contribution, identification of the source, amount, terms of debt, collateral,
			 identity of guarantors, nature and amount of commitments, documentation and
			 actions which the applicant will take to obtain more certain commitments and
			 commitments for additional amounts; and
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-13 - Class A, B, and C license - Horse racing facilities › Section 260-13-570 - Disclosure of financial plan

Current through Register Vol. 24-14, July 15, 2024
An applicant for a Class A, B, or C license must disclose its
				financial plan. For a Class A license this must include the financial
				projections for the development period and each of the first five racing years.
				For a Class B or C license this must include the financial projections for the
				first three racing years. For all licenses the financial plan must include
				separate schedules based upon the number of racing days and types of parimutuel
				betting the applicant requires to break even and the optimum number of races
				and types of betting applicant estimates each year. The financial plan must
				include:
(1) The following assumptions
			 and support for them:
(a) The average daily
			 attendance;
(b) Average daily
			 handle;
(c) Retention
			 (RCW
			  67.16.170 and
			 67.16.175);
(d) Admission revenue and admission
			 fees;
(e) Parking volume, fees, and
			 revenues;
(f) Concessions, gift
			 shop, and program sales;
(g) Cost
			 of purses;
(h) Parimutuel system
			 expense;
(i) State taxes;
(j) Real estate taxes;
(k) Washington-bred breeder awards (Class A
			 and B only);
(l) Washington-bred
			 owner's bonuses (Class A and B only);
(m) Class C purse funds (Class A and B
			 only);
(n) Parimutuel tax (Class A
			 and B only);
(o) Payroll;
(p) Operating supplies and
			 services;
(q) Utilities;
(r) Repairs and maintenance;
(s) Insurance;
(t) Membership expense;
(u) Security expense;
(v) Legal and audit expense;
(w) Debt service; and
(x) Federal taxes;
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-13 - Class A, B, and C license - Horse racing facilities › Section 260-13-580 - Disclosure of governmental actions

Current through Register Vol. 24-14, July 15, 2024
An applicant for a Class A, B, or C license must disclose
				actions of government agencies, which include:
(1) The street and highway improvements
			 necessary to ensure adequate access to applicant's facility, and the cost of
			 improvements, status, likelihood of completion, and estimated date.
(2) The sewer, water, and other public
			 utility improvements necessary to serve applicant's facility, and the cost of
			 improvements, status, likelihood of completion, and estimated date.
(3) If applicant has obtained any required
			 government approvals for its development, ownership, and operation of its horse
			 racing facility:
(a) A description of the
			 approval, unit of government, date, and documentation.
(b) Whether public hearings were held. If
			 they were, the applicant must disclose when and where the hearings were
			 conducted. If they were not held, the applicant must disclose why they were not
			 held.
(c) Whether the unit of
			 government attached any conditions to approval. If so, the applicant must
			 disclose these conditions, including documentation.