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

) ) ) ) )

NOTICE OF AMENDMENT

 

            TO:  All Concerned Persons

 

            1.  On July 15, 2010, the Department of Livestock published MAR Notice No. 32-10-212 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1594 of the 2010 Montana Administrative Register, Issue Number 13.

 

            2.  The department has amended the above-stated rules as proposed.

 

            3.  The department has thoroughly considered the comments and testimony received.  A summary of the comments received and the department's responses are as follows:

 

COMMENT 1:  A comment was received that if a horse doesn't have to reestablish eligibility once claimed, then other horsemen don't have the same opportunity to claim the horse at that price before the horse is eligible for a starter allowance.  It was stated that such an opportunity is the nature of the claiming game.

 

RESPONSE 1:   Someone who purchases a horse outright is not required to reestablish eligibility for a starter allowance, and thus, does not provide an opportunity for other horsemen to claim the horse for the same amount.  The amendment to the rule provides consistency between horses claimed and horses purchased outright in the eligibility rules of starter allowances.

 

COMMENT 2:  Rule changes should occur at the start of the racing season so that it impacts all race meets equally.

 

RESPONSE 2:  The proposed rule change was noticed and discussed at the June 8 and July 23 board meetings and published in the Montana Administrative Register as provided by law.  There are no rules or statutes prohibiting rule changes midseason.   Every effort will be made for rule changes to take affect prior to the first day of an individual race meet.  With proper notice, however, the proposed rule changes should have no significant negative impacts on subsequent race dates.   

 

 

 

 

DEPARTMENT OF LIVESTOCK

 

 

 

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

Sherry K. Meador, Rule Reviewer               Christian Mackay, Executive Officer

                                                                        Department of Livestock

 

            Certified to the Secretary of State August 30, 2010.