Administrative Rules of the State of Montana

BEFORE THE BOARD OF HORSE RACING

DEPARTMENT OF LIVESTOCK

STATE OF MONTANA

In the matter of the amendment of ARM 32.28.801 and 32.28.804 pertaining to eligibility for maidens over seven years old and conditions accompanying a claim

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NOTICE OF PROPOSED AMENDMENT

NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

1. On August 14, 2010, the Department of Livestock proposes to amend the above-stated rules.

2. The Board of Horse Racing will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Horse Racing no later than 5:00 p.m. on July 30, 2010 to advise us of the nature of the accommodation that you need. Please contact Sherry Rust, P.O. Box 200512, Helena, MT 59620-0512; telephone (406) 444-9321; TTD number 1-800-253-4091; fax (406) 444-4305; e-mail srust@mt.gov.

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

32.28.801 GENERAL REQUIREMENTS (1) through (25) remain the same.

(26) No A maiden seven years old or older shall not be eligible to enter or start in any race unless such horse has started in a race within the last 365 days and has recently had a successful veterinarian's examination. For purposes of this rule only, a maiden is a horse which at the time of starting has never won a race on the flat in any country.

(27) No Arabian shall run on any track in the state of Montana until it is a three year old. No Arabian maiden seven years old or older shall be eligible to enter or start in any race. For purposes of this rule only a maiden is a horse which at the time of starting has never won a race on the flat in any country.

(28) through (65) remain the same.

AUTH: 23-4-104, 23-4-202, MCA

IMP: 23-4-101, 23-4-104, 23-4-202, ~~23-4-301,~~ MCA

REASON: The rule is amended to allow horses seven years old or older to be eligible to run as a maiden if the horse has run within the past year and is healthy enough to run. The reference to Arabian maidens is deleted because Arabian horses are incorporated in the previous section.

32.28.804 CLAIMING (1) through (24) remain the same.

(25) After a horse has been claimed out of a claiming race, the horse loses all starter allowance eligibilities. Claimed horses must re-establish their starter allowance eligibilities for the new owner before being allowed to start in any type of starter allowance or starter handicap race.

AUTH: 23-4-104, 23-4-202, MCA

IMP: 23-4-104, 23-4-202, MCA

REASON: The rule is amended to allow conditions to follow the horse.

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Board of Horse Racing, Attn. Ryan Sherman, P.O. Box 200512, Helena, MT 59620-0512, by faxing to (406) 444-4305, or by e-mailing to RSherman@mt.gov to be received no later than 5:00 p.m., August 12, 2010.

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Ryan Sherman at the above address no later than 5:00 p.m., August 12, 2010.

6. If the agency receives requests for a public hearing on the proposed action from either ten percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 100 persons based on 1000 licensees in Montana.

7. An electronic copy of this proposal notice is available through the department's web site at www.liv.mt.gov.

8. The Board of Horse Racing maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to Ryan Sherman at Montana Board of Horse Racing, P.O. Box 200512, Helena, MT 59620-0512, by faxing to (406) 444-4305, or by e-mailing to RSherman@mt.gov, or may be made by completing a request form at any rules hearing held by the department.

9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

/s/ Sherry K. Meador /s/ Christian Mackay

Sherry K. Meador Christian Mackay

Rule Reviewer Executive Officer

Department of Livestock

Certified to the Secretary of State July 6, 2010.