The New York State Racing and Wagering Board has submitted a Notice of Proposed Rulemaking to the Department of State

The New York State Racing and Wagering Board has submitted a Notice of Proposed Rulemaking to the Department of State regarding amendments to Subdivisions (a), (b) and (e) of Section 4043.8 , Subdivisions (a) and (b) of Section 4043.9 , Subdivisions (a), (b) and (e) of Section 4120.13 and Subdivisions (a) and (b) of Section 4120.14 of Title 9 New York Code Rules and Regulations. Additionally, new Subdivision (c) is added to Section 4043.9 of 9 NYCRR and new Subdivision (c) is added to Section 4120.14 of 9 NYCRR.


This rulemaking will amend the Board’s rules regarding procedures and penalties for the testing of thoroughbred and harness race horses for the presence of excess total carbon dioxide (TCO2) levels. This Proposed Rulemaking appeared in the July 25, 2012 State Register and is posted on the Board’s rule webpage. The 45-day public comment period will expire on September 8, 2012.

The amendments are attached. The underlined sections would be added as new language, while the language in [brackets] would be removed.

If you wish to provide any comments on this rulemaking, please submit your comments to in writing no later than close of business September 17, 2012 to John Googas at 1 Broadway Center, Suite 600, Schenectady, NY 12305-2553 or [email protected] . Comments received through September 17 will be considered notwithstanding the September 8, 2012 State Register comment deadline.

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